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01 CONVEYANCE MCAS 05-08-02
NO. 1 05-08-02 Inter-Com DATE: May 8, 2002 400-80 TO: FROM: SUBJECT: William Huston, City Manager Christine Shingleton, Assistant City Manager AGREEMENTS BY AND BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN FOR CONVEYANCE OF PORTIONS OF PROPERTY AT MCAS TUSTIN AND LEASES IN FURTHERANCE OF CONVEYANCE FOR PORTIONS OF MCAS TUSTIN SUMMARY Authorization is requested to approve agreements for the conveyance of portions of property at the former MCAS Tustin to the City of Tustin and for the leasing of portions of the property not yet ready for conveyance. RECOMMENDATION It is recommended that the City Council: 1. Find that the Use of Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin as satisfying the requirements of CEQA for the City's consideration and approval of the actions identified below by adopting Resolution No. 02-47. 2. Adopt Resolution No. 02-48 which will: a. Authorize the City Manager or his designee to execute an Agreement between the United States of America and the City of Tustin for the conveyance of a portion of the former MCAS Tustin and to carry out all actions necessary to implement the Agreement including but not limited to execution of all quit claims, deeds, easements, bills of sale and other supporting documents necessary to affect the transfer of the property and any subsequent conveyances, leasing/licensing needed to implement the Agreement. b, Authorize the City Manager or his designee to execute a Lease in Furtherance of Conveyance Between the United States of America and the City of Tustin for portions of the former MCAS Tustin and to carry out all actions necessary to implement the Lease. William A. Huston May 6, 2002 Page 2 C, Authorize the City Manager or his designee at any time in the future to accept by Lease in Furtherance of Conveyance or by Deed all or any portion of the proposed Community Park identified as disposal site 22 in the MCAS Tustin Reuse Plan. FISCAL IMPACT With the conveyance of property from the Navy, the City will incur expenses currently estimated at approximately $900,000 the first year. Expenses would be associated with the following: property management operations and maintenance; security; utility accounts; general liability and environmental insurance; professional consulting fees for property disposition, legal support and financing strategies that support redevelopment and installation of necessary back-bone infrastructure on the property. These expenses are permitted expenses that are authorized to be credited against land sale proceeds. The MCAS Redevelopment fund for FY 2001-02 has remaining balances to cover any expenses through the end of the fiscal year. It is recommended that the City Council authorize the Finance Director to make a temporary cash transfer to cover expenses through June 30, 2002 from this account into an MCAS Enterprise Fund to be repaid with interest. The temporary cash borrowing will be used for start-up costs associated with the type of anticipated expenses identified above and will be replaced in the future by a line of credit secured and repaid from future land sale revenues. Operational and maintenance expenses for FY 2002-03 will be discussed and approved in the future by the City Council as part of the FY 2002-03 budget process. BACKGROUND/DISCUSSION Economic Development Conveyance and Lease The Former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations of the Federal Base Closure and Realignment Commission. Acting as the Department of Defense designated Local Redevelopment Authority (LRA) for the reuse of MCAS Tustin, the City approved a Reuse Plan in October 1996, subsequently amended by Errata on September 1998, that provides for future land uses at the former MCAS Tustin. Pursuant to the authority provided by section 2905(b)4 of the Defense Base Closure and Realignment Act of 1990, as amended, and the implementing regulations of the Department of Defense (32 CFT Part 175), the Secretary of the Navy is authorized to convey surplus property at a closing installation to the local redevelopment authority at no cost for economic development purposes. By application dated March 5, 1999, as William A. Huston May 6, 2002 Page 3 subsequently amended, the City applied for a "No-Cost" Economic Development Conveyance ("EDC") for portions of MCAS Tustin (the "EDC Application"), to be used and developed in accordance with the approved Reuse Plan. Following an extensive review of the EDC Application, the Navy indicated its approval of the EDC with a Term Sheet signed on February 28, 2002. The Term Sheet required the subsequent approval of an Agreement Between the United States and the City of Tustin for Conveyance of Portions of the former MCAS Tustin ("Agreement") and a Lease in Furtherance of Conveyance ("LIFOC") since some of the EDC property is not presently suitable for conveyance. Portions of the EDC property included in the LIFOC will be conveyed to the City once the Navy has completed the necessary environmental remediation work. The parcels must be found suitable for transfer prior to being transferred to the City. Approximately 1,163 acres of the former MCAS Tustin as shown in Attachment I would be conveyed to the City as a "No Cost" EDC pursuant to the Agreement (attached to the Staff Report). Conveyance under the Agreement includes conveyance of real property, easements and personal property. Real property and easements will be conveyed by quit claim deeds; personal property (fixtures and equipment and all utility systems) will be conveyed by a bill of sale. Conveyance of Real Property is proposed to occur on the following expected transfer dates or sooner: Parcel Group I - approximately 977 acres in May, 2002 Parcel Group II - approximately 39 acres in December 2002. Parcel Group III - approximately 18 acres in September 2006. Parcel Group V- approximately 129 acres in April 2008. While the No Cost EDC enables the City to obtain the property at no cost, the No Cost EDC legislation and implementing regulations impose certain future restrictions on the City including the need to re-invest all proceeds received by the City back into certain restricted activities on the property (i.e., infrastructure investment) for a minimum of seven years from the date of conveyance. Failure to invest proceeds derived from the property received under the Agreement would require the City to give back funds from land sale proceeds to the federal government. Article 11 of the Agreement outlines the restrictions on the use of proceeds from the sale or lease of property. Approximately 238 acres of the MCAS Tustin are not part of the approved EDC Application and are intended for public sale by the federal government. These sites include MCAS Tustin Reuse Plan disposal sites 35 and 36 adjacent to Harvard Avenue, and disposal sites 23 and 24 (with the exception of 1.25 acres for a fire station site part William A. Huston May 6, 2002 Page 4 of the EDC application) in proximity to the main base facilities and which include former officer housing at MCAS Tustin. As applicable and related to the proposed actions, the Navy has executed a Finding of Suitability to Transfer (FOST) and a Finding of Suitability to Lease (FOSL) which are environmental clearance documents that support deed conveyance of portions of the property within the approved EDC footprint or LIFOC areas. In accordance with the EDC, the Navy has agreed to transfer to the City of Tustin at this time approximately 982 acres through deed transfer and approximately 180 with the LIFOC for those parcels not yet ready for deed conveyance (also referred to as "carve out areas"). There are approximately 1,584 acres of federal surplus property at the former MCAS Tustin. A review of the MCAS Tustin Reuse Plan, the proposed Agreement and other public conveyances anticipated for the former MCAS Tustin will result in over 1,030 acres or 65% of the property at the former military base being transferred to the City of Tustin with ultimately over 315 acres or 20% of the property available to public agencies. A summarizing table of the expected disposition of surplus federal property to be ultimately transferred at the former MCAS Tustin as provided in Attachment I. Approval of the Agreement and LIFOC and authorization to accept title of these properties by the City will enable the City to move forward in its efforts to redevelop the former MCAS Tustin. Staff and our attorneys at Kutak Rock have worked diligently and cooperatively with the Navy to prepare all the documents that are presented for action by the City Council. Public Benefit Conveyance The approximately 25 acre community park site to be conveyed to the City through a public benefit conveyance for recreational use and sponsorship through the Department of Interior National Park Service under the Federal Lands to Parks Program is not yet ready for conveyance or least. (The other two city park sites are being conveyed through the EDC.) While it is expected that the Navy will be leasing at least portions of the property to the City in the near future, future assignment for actual conveyance of all or portions of the site by the Department of the Interior would occur when all or portions of the site are found suitable for conveyance (since there are remediation activities underway on portions of the site). In any event, staff would request authorization at this time to accept Lease in Furtherance of Conveyance or conveyance of the site from the federal government in the future. William A. Huston May 6, 2002 Page 5 Environmental Clearance In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and the City prepared a Joint Final Environmental Impact Statement/Environmental Impact Report (Final EIS/EIR) for the reuse and disposal of the former MCAS Tustin (the "Program EIS/EIR"). On January 16, 2001, the City of Tustin certified the Final EIS/EIR (referred to for CEQA purposes as the "Program EIS/EIR"). The Navy subsequently issued a Record of Decision ("NEPA ROD") regarding the disposal of the former MCAS Tustin on March 2, 2001. The MCAS Tustin Final EIS/EIR was a Program Final EIS/EIR, which examined development and reuse plan implementation activities at the former MCAS Tustin. Pursuant to CEQA Guideline 15168, the City of Tustin has completed an environmental checklist and determined that all effects associated with the proposed Agreement, LIFOC and all related implementing actions including but not limited to acceptance of quit claim deeds, easement deeds, bills of sale and all other supporting documentation were adequately evaluated in the Program EIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures not found to be feasible would in fact be feasible and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce the effects of the project that have not been considered and adopted. The Environmental Analysis Checklist For Projects Previously Certified/Approved Environmental Documents prepared for this project is on file with the Redevelopment Agency. Staff recommends that the City Council concur with this environmental conclusion with the approval of Resolution No. 02-47. Christine Shingleton ~,/ '" Assistant City Manager Revised Attachment I to No. 1 ATTACHMENT I SUMMARY OF EXPECTED PROPERTY TO BE TRANSFERRED AT THE FORMER MCAS TUSTIN (All Acres Approximate and based on Reuse Plan not Final Legal Parcels) Navy Bid Sale Tustin (104 acres) Irvine (134 acres) Acres 238 EDC Available for Tustin Development* Infrastructure RNV Tustin Fire Station Site 2 Tustin Park Sites 2 School Sites (TUSD) Learning Village* RSCCD (Learning Village) Child Care* Tustin Child Care Sheriff Facility to SOCCD (Portion of)* Subtotal 828.2 159.4 1.3 10.0 50.0 84.7 15.0 1.9 2.4 10.0 1,162.9 Tustin Public Benefit Conveyances Community Park Rescue Mission Site Subtotal Other Public Agencies Orange County (Animal Control/Sheriff Facilities, Park, Social Services) Irvine Unified School District Irvine Parks/Road Orange County Flood Control District TUSD Elementary School Subtotal 24.1 5.1 29.2 88.5 20.0 8.8 26.7 10.0 154.0 Total Approximate Federal Surplus Acreage 1,584 *Future disposition subject to Agreement and discussions with SAUSD and SOCCCD RESOLUTION NO. 02-47 10 11 12 13 14 15 16 !? 18 19 20 21 2.3 24 A RESOLUTION OF THE TUSTIN CITY COUNCIL FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REUSE AND DISPOSAL OF MCAS TUSTIN IS COMPLETE AND ADEQUATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CONSIDERATION AND APPROVAL OF AGREEMENTS WITH THE UNITED STATES OF AMERICA, FOR THE CONVEYANCE OF PROPERTY AND LEASING OF PORTIONS OF PROPERTY AT THE FORMER MCAS TUSTIN, AND ALL ACTIONS NECESSARY TO IMPLEMENT SUCH AGREEMENTS INCLUDING BUT NOT LIMITED TO ACCEPTANCE OF TITLE, DEEDS, BILLS OF SALE AND OTHER OBLIGATIONS NECESSARY TO AFFECT TRANSFER OF PROPERTY OR TO IMPLEMENT THE AGREMENT OR LEASES (THE "PROJECT") The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: Ao Marine Corps Air Station (MCAS) Tustin has been determined surplus to the needs of the federal government and has been approved for disposal by the United States Department of the Navy (DON) in accordance with the Defense Base Closure and Realignment Act (DBCRA) of 1990 (10 USC 2687) and the pertinent base closure and realignment decisions of the Defense Base Closure and Realignment Commission approved by the President and accepted by Congress in 1991, 1993, and 1995; and Bo The City of Tustin has been approved by the Department of Defense as the Local Redevelopment Authority (LRA) for MCAS Tustin and is responsible for preparing a Reuse Plan describing the reuse of the installation and providing recommendations to the DON for disposal of the former base to various public agencies and the homeless. The goal of base disposal and reuse is economic redevelopment and job creation to help replace the economic stimulus previously provided by the military installation. The LRA submitted the Reuse Plan for MCAS Tustin to the Department of Defense in October 1996, and an Errata amending the Reuse Plan in September 1998; and C. On January 16, 2001, the Tustin City Council certified the Joint Final Environmental Impact Statement/Environmental Impact Report (Final EIS/EIR) for the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin (the Program Final EIS/EIR) as complete and adequate pursuant to the California Environmental Quality Act ("CEQA"). The United States Navy -1- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issued a Record of Decision on the Program Final EIS/EIR in March 2001. The Reuse Plan for MCAS Tustin examined in the Program Final EIS/EIR was for1,606 acres; and D. In accordance with Section 15132 of the State Guidelines, and the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the Program FEIS/FEIR consists of: 1. The initial Draft EIS/EIR, revised Draft EIS/EIR, and Final EIS/EIR including Comments and Responses on the revised Draft EIS/EIR and all appendices and technical reports thereto; 2. Comments and Responses on the Final EIS/EIR; 3. Redevelopment Agency staff report to the Planning Commission dated November 28, 2000; 4. Minutes of the City of Tustin Planning Commission, dated November 28, 2000; 5. Redevelopment Agency staff report to the City Council dated January 16, 2001 including the letters submitted to the Planning Commission, a letter submitted to the Tustin City Council and the City of Tustin's written responses, and all other attachments; 6. Minutes of the Tustin City Council, dated January 16, 2001; and Eo The Tustin City Council wishes to consider and approve agreements with the United States of America, acting for and through the Department of the Navy for the conveyance of property and leasing of portions of property at the former MCAS Tustin, including all actions necessary to implement the agreements including but not limited to execution of all quit claims, deeds, easements, bills of sale and other supporting documents necessary to affect the transfer and leasing of property to the City of Tustin and subsequent conveyances, leasing/licensing needed to implement the Agreements (the "Project"); and F, Pursuant to CEQA Guidelines Section 15168(c), the Tustin City Council must consider the approved Program Final EIS/EIR for the Disposal and Reuse of MCAS Tustin, prior to project approval, determine that the proposed acceptance of conveyance of property and leasing of portions of property at the former MCAS Tustin have been examined in the light of the Program Final EIR/EIS, agree that an additional environmental document is not necessary and re-certify that the Program Final EIS/EIR for the Disposal and Reuse of MCAS Tustin is complete and adequate; and G. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168, the City of Tustin has completed an Environmental Analysis Checklist For Projects With Previously Certified/Approved Environmental Documents and determined that all effects associated with the implementation of the project were evaluated in the Program Final EIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of -2- 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 II. III. IV. previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. The City Council of the City of Tustin does hereby find that the proposed project is within the scope of the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin, a Program Final EIS/EIR approved earlier and that the Program Final EIS/EIR adequately describes the proposed activities for the purposes of CEQA (CEQA Guidelines Section 15168(e)). The City Council of the City of Tustin does hereby re-certify that the Program Final EIS/EIR for MCAS Tustin, in its entirety, is adequate and complete and prepared in compliance with the requirements of CEQA, NEPA, and the State Guidelines; and The City Council hereby finds that the environmental effects of the proposed projects identified in the Environmental Analysis Checklist For Projects With Previously Certified/Approved Environmental Documents FEIS/FEIR have been substantially lessened in their severity by the imposition and incorporation of certain mitigation measures that have previously been adopted by the Tustin City Council. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of May, 2002. Jeffrey M. Thomas, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) -3- 10 !1 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 02-47 was duly passed and adopted at a regular meeting of the Tustin City Council, held on May 6, 2002, by the following vote: COUNCILMEMBER AYES: COUNClLMEMER NOES: COUNCILMEMBER ABSTAINED: COUNClLMEMBER ABSENT: PAMELA STOKER CITY CLERK ccresos\O2-47.doc -4- RESOLUTION NO. 02-48 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING EXECUTION OF AGREEMENTS BETVVEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN FOR THE CONVEYANCE OF PORTIONS OF THE FORMER MARINE CORPS AIR STATION (MCAS) TUSTIN TO THE CITY AND LEASES IN FURTHERANCE OF CONVEYANCE FOR PORTIONS OF THE FORMER MCAS TUSTIN. The City Council of the City of Tustin finds as follows: A. The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations by the Federal Base Closure and Realignment Commission. a. The City of Tustin has been officially designated by the Department of Defense as the Local Redevelopment Authority (LRA) responsible for MCAS Tustin. C. The City of Tustin approved a Reuse Plan in October 1996, subsequently amended by Errata in September 1998 providing for future land uses at the former MCAS Tustin. D. Pursuant to the authority provided by Section 2905(b) 4 of the Defense Base Closure and Realignment Act of 1990, as amended, and the implementing regulations of the Department of Defense, the Secretary of the Navy is authorized to convey surplus property at a closing military installation to the LRA at no cost for economic development purposes. By application dated March 5, 1999, as subsequently amended, the City prepared, negotiated and processed a "No Cost Economic Development Conveyance ("EDC") Application for portions of the former MCAS Tustin consistent with the Reuse Plan. The Department of the Navy is also authorized to assign property to federal housing agencies for public benefit use at former military bases. The City prepared and submitted a public benefit conveyance request to the Department of the Interior National Park Services under the Federal Lands to Parks Program for an approximate 24 acre community park site. The application was approved by the Department of Interior National Park Service on May 18, 1994. l0 1'7 20 ?-2 ?-3 24 ?-5 II. Eo Following an extensive review, the Navy has indicated its willingness to approve a portion of the EDC Application subject to the City's approval of an agreement with the Navy for conveyance of the property and leasing of property not ready for conveyance. Fo In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and the City prepared a Joint Final Environmental Impact Statement/Environmental Impact Report ("Final EIS/EIR"). On January 16,2001, the City of Tustin certified the Final EIS/EIR. The Department of the Navy subsequently issued a Record of Decision ("NEPA ROD") regarding the disposal of the former MCAS Tustin on March 2, 2001. Resolution No. 02-47 has been adopted by the City Council finding that the use of Final EIS/EIR is complete and adequate for consideration and approval of the Agreements. The City Council of the City of Tustin resolves as follows: Ao The City Manager or his designee is authorized to execute an Agreement Between the United States of America and the City of Tustin, California for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin (the "Agreement") subject to minor changes and additions to text and exhibits that may be required by the City Attorney and/or City's special counsel on MCAS Tustin matters prior to signature. The City Manager or his designee is also authorized to carry out all actions necessary to implement the Agreement including but not limited to the execution of all quitclaims, deeds, easements, bills of sale and other supporting documents necessary to affect the transfer of property to the City and any subsequent conveyance, leasing/licensing needed to implement the Agreement. Bo The City Manager or his designee is authorized to execute a Lease in Furtherance of Conveyance between the United States of America and the City of Tustin for portions of the former Marine Corps Air Station Tustin part of the approved EDC Application not presently ready for conveyance and to carry out all actions necessary to implement the Lease subject to minor changes and additions that may be required by the City Attorney and City's special counsel on MCAS Tustin matters prior to signature. Co The City Manager or his designee is authorized to execute a Lease in Furtherance of Conveyance or to accept Deeds for all or any portion of the proposed Community Park identified as disposal site 22 in the MCAS Tustin Reuse Plan and to carry out all actions necessary to implement the lease subject to final review and final approval of all documents by the City Attorney and City's special counsel on MCAS Tustin matters prior to signature. 10 11 12 14 15 16 1'7 18 19 20 21 2:2 24 25 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of May 2002. JEFFERY THOMAS, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 02-47 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of May 2002, by the following vote: COUNCILMEMBER AYES: COUNCILMEMER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK RDA\CC Reso FORMAT.doc (03/29/01 ) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXECUTION VERSION May 6, 2002 CONFIDENTIAL DOCUMENT REAL PROPERTY NEGOTIATION (CA GOVERNMENT CODE SECTION 54956.8) Attorney-Client Privilege (To be Removed Upon Execution) AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN, CALIFORNIA FOR THE CONVEYANCE OF A PORTION OF THE FORMER MARINE CORPS AIR STATION TUSTIN 03-72351.06 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN, CALIFORNIA FOR THE CONVEYANCE OF A PORTION OF THE FORMER MARINE CORPS AIR STATION TUSTIN TABLE OF CONTENTS 1. DEFINITIONS ............................................................................................................. 3 2. NO COST EDC ............................................................................................................ 5 3. TRANSFER AND CONVEYANCE ........................................................................... 5 4. CITY SUBSEQUENT CONVEYANCE AND USE OF PROPERTY ....................... 7 5. DISPOSAL OF GOVERNMENT PARCELS ............................................................. 8 6. EASEMENTS .............................................................................................................. 9 7. CLOSING AND SETTLEMENT ................................................................................ 9 8. TIME OF THE ESSENCE ......................................................................................... 12 9. ENVIRONMENTAL REPORTS ............................................................................... 13 10. DELIVERY OF PROPERTY DOCUMENTS ......................................................... 13 11. USE OF PROCEEDS FROM SALE OR LEASE .................................................... 13 12. GOVERNMENT'S REPRESENTATION .............................................................. 15 13. CITY REPRESENTATIONS ................................................................................... 16 14. ENVIRONMENTAL PROVISIONS ....................................................................... 16 15. COVENANT AGAINST CONTINGENT FEES .................................................... 17 16. NOTICES ................................................................................................................. 17 17. PR/OR LIABILITIES ............................................................................................... 18 18. FINALITY OF CONVEYANCE ............................................................................. 18 19. AS IS WHERE IS .................................................................................................... 19 20. GOVERNMENT'S COVENANTS ......................................................................... 19 21. LIABILITY FOR ENVIRONMENTAL CONTAMINATION ................................ 19 22. SHORT FORM NOTICE ......................................................................................... 20 23. MODIFICATION; WAIVERS ................................................................................. 20 24. FURTHER ASSURANCES ..................................................................................... 20 25. DISPUTE RESOLUTION PROCEDURES ............................................................ 20 26. SURVIVAL AND BENEFIT ................................................................................... 21 27. INTERPRETATION ................................................................................................ 22 28. NON-DISCRIMINATION ....................................................................................... 23 29. AVAILABILITY OF FUNDS .................................................................................. 23 30. TERMINATION AND REMEDIES FOR NONPERFORMANCE ........................ 24 31. FAILURE TO INSIST ON COMPLIANCE ............................................................ 24 32. MODIFICATION; WAIVERS ................................................................................. 24 03-72351.06 i 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ARTICLE 33. COUNTERPARTS .................................................................................................. 25 ARTICLE 34. UTILITIES FOR GOVERNMENT PARCELS ....................................................... 25 LIST OF EXHIBITS DESCRIPTION OF PROPERTY AND DESCRIPTION OF GOVERNMENT PARCELS ......... A DESCRIPTION OF PARCEL GROUPS ........................................................................................ B PARCEL GROUP I PARCEL GROUP II PARCEL GROUP III PARCEL GROUP IV QUITCLAIM DEEDS QUITCLAIM DEED QUITCLAIM DEED QUITCLAIM DEED QUITCLAIM DEED QUITCLAIM DEED QUITCLAIM DEED QUITCLAIM DEED QUITCLAIM DEED B .................................................................................................... C-2 RECORD OF DECISION ............................................................................................................... D LEASE IN FURTHERANCE OF CONVEYANCE ...................................................................... E BILLS OF SALE FOR PERSONAL PROPERTY BILL OF SALE FOR INITIAL PERSONAL PROPERTY ............................................. F-1 BILL OF SALE FOR SUBSEQUENT PERSONAL PROPERTY ................................. F-2 EASEMENTS ASSIGNMENT OF EASEMENT .................................................................................. G-1 EASEMENTS ................................................................................................................. G-2 LEAD-BASED PAINT DISCLOSURE OF INFORMATION FORM ......................................... H SHORT FORM NOTICE OF CONVEYANCE AGREEMENT .................................................... I 03-72351.06 ii CERTIFIED REPRESENTATIONS GOVERNMENT REPRESENTATIONS ......................................................................... J- 1 CITY REPRESENTATIONS ........................................................................................... J-2 NATIONAL HISTORIC PRESERVATION ACT MOA ............................................................... K ARMY RESERVE AGREEMENT ................................................................................................ L 03-72351.06 iii 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN, CALIFORNIA FOR THE CONVEYANCE OF A PORTION OF THE FORMER MARINE CORPS AIR STATION TUSTIN This Agreement for the Conveyance of Real Property (hereinafter referred to as the "Agreement") is entered into this day of 2002 (the "Effective Date"), between the UNITED STATES OF AMERICA, acting by and through the Department of the Navy (the "Government"), and the CITY OF TUSTIN, CALIFORNIA (the "City"), recognized as the local redevelopment authority by the Office of Economic Adjustment on behalf of the Secretary of Defense with regard to the disposition and conveyance of portions of the former Marine Corps Air Station Tustin, California. The Government and the City are each sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS: A. The Defense Base Closure and Realignment Commission recommended the closure of Marine Corps Air Station Tustin ("MCAS Tustin") located within the Cities of Tustin and Irvine, California and consisting of approximately one-thousand six-hundred and two (1,602) acres of real property, together with the buildings, improvements and related and other personal property located thereon and all rights, easements and appurtenances thereto. B. Pursuant to the authority provided by section 2905(b)4 of the Defense Base Closure and Realignment Act of 1990, as amended, and the implementing regulations of the Department of Defense (32 CFR Part 175), the Secretary of the Navy is authorized to convey surplus property at a closing installation to the local redevelopment authority at no cost for economic development purposes. By application dated March 5, 1999, as subsequently amended, the City applied for a "No-Cost" Economic Development Conveyance ("EDC") for portions of MCAS Tustin (the "EDC Application"), to be used and developed in accordance with the "Reuse Plan for MCAS Tustin" dated October 1996 and amended by Errata of September 1998 (the "Base Reuse Plan") that was reviewed and approved by the United States Department of Housing and Urban Development. C. Following an extensive review of the EDC Application, the Government has approved the EDC Application in part. Those portions of MCAS Tustin to be conveyed to the City pursuant to this Agreement are described in Exhibit "A" of this Agreement, and are referred to herein as the "Property." Those portions of the MCAS Tustin not part of the approved EDC 03-72351.06 MCAS TUSTIN CONVEYANCE AGREEMENT Page 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Application and intended for sale by the Government are also described in Exhibit "A" of this Agreement, and are referred to herein as the "Government Parcels." D. Since some of the Property is not presently suitable for conveyance, such portions of the Property will be transferred to the City pursuant to a Lease in Furtherance of Conveyance ("LIFOC"). E. The Government prepared an Environmental Baseline Survey ("EBS") for the Property dated March 2001, a copy of which has been provided to the City. F. In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the Government and the City prepared a Joint Environmental Impact Statement/Environmental Impact Report ("EIS/EIR") for the disposal and reuse of the Property. The City certified the EIS/EIR as complete on January 17, 2001. A Record of Decision ("NEPA ROD") regarding the disposal of the Property, which is attached hereto as Exhibit "D" and made a part hereof as if set out at length, was issued on March 2, 2001. G. In accordance with the provisions of the National Historic Preservation Act, the Government has determined that the disposal of the Property, as hereinafter defined, will have an effect upon those portions of the Property that are listed or that are eligible for listing in the National Register of Historic Places. A Memorandum of Agreement among the Department of the Navy, the California State Historic Preservation Officer ("SHPO") and the Advisory Council on Historic Preservation, which is attached hereto as Exhibit "K" and made a part hereof as if set out at length, sets forth in full the Parties' obligations under the National Historic Preservation Act and implementing regulations. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and the respective representations, agreements, covenants and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Government and the City agree as follows: ARTICLE 1. Definitions 1.1 Closing. The transactions by which portions of the Property shall be conveyed to the City. The Parties contemplate that there will be multiple Closings, including an Initial Closing and Subsequent Closings. 1.1.1 Initial Closing. The date on which Parcel Group I and the Initial 03-72351.06 2 MCAS TUSTIN CONVEYANCE AGREEMENT Page 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Personal Property will be conveyed to the City, and the remaining Parcels will be leased to the City through a LIFOC, as set forth below. 1.1.2 Subsequent Closing. Each Closing after the Initial Closing. 1.2 Easement. An interest in real property as described in Article 6. 1.3 Environmental Reports. The documents included in the CERCLA administrative record for MCAS Tustin and EBS, FOSTs, FOSLs, and any supporting documents specifically referred to therein, including the lead-based paint and asbestos surveys relating to the improvements on the Real Property. 1.4 FOST. A Finding of Suitability to Transfer ("FOST") that represents a written determination by the Government that the Real Property or a Parcel may be transferred by Quitclaim Deed to the City in full compliance with Section 120(h)(3) or Section 120(h)(4) of CERCLA. 1.5 LIFOC. The Lease In Furtherance Of Conveyance entered into at the initial Closing by the Government and the City and attached hereto and made a part hereof as Exhibit ~'E". 1.6 Parcel. A portion of the Real Property described in Exhibit A. 1.7 Personal Property. That certain tangible personal property, including without limitation, furnishings, furniture, machinery, equipment, tools, appliances, utility distribution systems, and vehicles to be transferred to the City under this Agreement. 1.7.1 Initial Personal Property. That Personal Property to be transferred to the City at the Initial Closing, including those items left in place on the Real Property, pursuant to the terms and conditions set forth in a Bill of Sale in substantially the form attached hereto and made a part hereof as Exhibit "F-I" 1.7.2 Subsequent Personal Property. That Personal Property to be transferred to the City at a time after the Initial Closing pursuant to the terms and conditions set forth in a Bill of Sale in substantially the form attached hereto and made a part hereof as Exhibit "F-2". 1.8 Property. Property. The property consists of Real Property, Easements and Personal 1.9 Quitclaim Deed(s). Those certain recordable quitclaim deeds conveying 03-72351.06 3 MCAS TUSTIN CONVEYANCE AGREEMENT Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 ownership of the Real Property to the City. The deeds for Parcel Group I to be conveyed at the Initial Closing are attached hereto and made a part hereof as Exhibits "C-A" through "C-H." The deeds to be delivered at the Subsequent Closings shall be in substantially the same form as the deeds for Parcel Group I, provided, however, that such deeds will be tailored to meet the requirements of the FOSTs for such Parcels. 1.10 Real Property. The real property consisting of approximately 1163 acres of land located within the bounds of the former MCAS Tustin, as shown in the EDC Application comprising: Parcels 1, 4-8, 10-12, 14, 16, 17, 19,25-34, 40, and 42; Parcel 2; a 1.25 acre portion of Parcel 24 for use as a fire station located generally adjacent to Edinger and the future West Connector; more particularly described in Exhibit "A" attached hereto and made part hereof. The Real Property shall include, but shall not be limited to, any right, title or interest the Government may have in the following: 1.10.1 All buildings, facilities, roadways, and other infrastructure, including the entire MCAS Tustin storm drainage systems, sewer systems, and the electrical, natural gas, telephone, and water utility distribution systems located thereon, and any other improvements on the Real Property (including all replacements or additions thereto between the date of this Agreement and the date of conveyance of the Real Property to the City), 1.10.2 All hereditaments and tenements therein and reversions, remainders, issues, profits, privileges and other rights belonging or related thereto, 1.10.3 All rights to minerals, gas, oil, and water. 1.11 Title Insurer. Such title insurance company as the City shall from time to time designate. ARTICLE 2. No Cost EDC. Pursuant to Section 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990, as amended, the Government agrees to transfer and convey the Property to the City pursuant to a "No Cost EDC" and the City agrees to acquire, the Property, as described in Exhibits "A", "F" and "G" in consideration of the covenants, conditions and restrictions contained herein and other good and valuable consideration, subject to the terms, conditions and general provisions set forth in this Agreement. ARTICLE 3. Transfer and Conveyance. 3.1 Sequence of Conveyances. The Government agrees to convey the Real 03-72351.06 4 MCAS TUSTIN CONVEYANCE AGREEMENT Page 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1 Property to the City in multiple parcels, by separate conveyances and Closings, subject to the due 2 execution of a FOST, covering each Parcel or subsection of a Parcel. The schedule for the 3 conveyance of each Parcel is dependent upon the Government's ability to remediate the 4 environmental contamination on such Parcel in a manner described in paragraph 3.4 below. The 5 initial Parcels to be conveyed to the City will be Parcel Group I on or before the first day of May 2002. The Government shall use its best efforts to convey the Property to the City, in accordance with the following schedule (the "Conveyance Schedule"): 3.1.1 Parcel Group I, consisting of approximately 977 acres as set forth in Exhibit "B," on May 1, 2002; 3.1.2 Parcel Group II, consisting of approximately 40 acres as set forth in Exhibit "B" in December 2002 (These parcels will be leased in conjunction with the conveyance of Parcel Group I); 3.1.3 Parcel Group III, consisting of approximately 18 acres as set forth in Exhibit "B" in September 2006 (These parcels will be leased in conjunction with the conveyance of Parcel Group I), and; 3.1.4 Parcel Group IV, consisting of approximately 128 acres as set forth in Exhibit "B" in April 2008 (These parcels will be leased in conjunction with the conveyance of Parcel Group I). The Parties recognize that although the Government will utilize its best efforts to achieve conveyances by the dates set forth above, those dates are based on the present best estimate of work required to complete the Government's remedial actions, the full extent and nature of which are not presently known. The Parties also recognize that the anticipated dates for conveyance may be impacted by regulator and public review and other events not within the control of the Parties. Following the Initial Closing, the City shall not refuse to accept the conveyance of any Parcel tendered by the Government following the execution of the FOST for such Parcel. Failure to accept such conveyance within 30 days following the tender of the Quitclaim Deed for such Parcel shall be a breach of this Agreement pursuant to Article 3 l. 3.2 Legal Descriptions. Legal descriptions of the Real Property and Easements have been provided by the City to the Government. In the event that an error is made in a legal description, the Parties and their successors and assigns will cooperate, at no expense to the Government, in executing and delivering instruments required to correct the error. 3.3 Quitclaim Deeds. The Real Property shall be conveyed by good and sufficient 03-72351.06 5 MCAS TUSTIN CONVEYANCE AGREEMENT Page 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Quitclaim Deeds in substantially the form of the Quitclaim Deeds attached hereto and made a part hereof as Exhibits "C- 1" through "C-8" for the conveyance of Parcel Group I. 3.4 Environmental Condition. Remediation of the Real Property shall be conducted in a manner that is consistent, to the maximum extent practicable, with the Base Reuse Plan. 3.5 Subparcels. The City shall have the unilateral right, at its sole cost and expense, to specify that one or more of the Parcels included in a Parcel Group other than Parcel Group I shall be conveyed in a reasonable number of Subparcels provided that the City complies with the following conditions: (1) The City prepares plats and legal descriptions of the Subparcels for review and approval by the Government, (2) the City will accept simultaneous conveyance from the Government of all Subparcels within the Parcel for which subparcelization is requested, (3) that such subparcelization shall not otherwise delay the conveyance of all or any portion of the Parcel(s); and (4) that such subparcelization shall not increase the Government's remediation costs. Either Party may request that remediated portions of any Parcel be conveyed prior to the unremediated remainder of such Parcel; however, any such conveyance shall require the mutual consent of the Parties and any costs associated therewith shall be borne by the requesting Party. 3.6 Preparation of Quitclaim Deeds. The Parties acknowledge that it is in their mutual best interest to coordinate and cooperate in the preparation of the Quitclaim Deeds. Accordingly, the Parties shall, to the maximum extent practicable, exchange information, coordinate the drafting of the Quitclaim Deeds, and conclude the review of documents as rapidly as possible. 3.7 Surveys and Title Insurance. Any title insurance that may be desired by the City shall be procured at its sole cost and expense. The Government shall cooperate with the City or its authorized agent and shall permit examination and inspection of any documents relating to the title of the Property as it may have available. If such searches disclose title exceptions that appear to be in error or of concern to the City, Government agrees to cooperatively work with the City to have the title exceptions removed, released, or insured over. 3.8 LIFOC. The Government shall lease to the City all Parcels not conveyed to the City at the Initial Closing through the LIFOC. 3.9 Personal Property. The Government's right, title and interest in the Initial Personal Property shall be transferred to the City at the Initial Closing pursuant to the terms and conditions of a Bill of Sale, in substantially the form attached hereto and made part hereof as Exhibit "F-I"; the Government's right, title and interest in the Subsequent Personal Property shall be transferred to the City at a time subsequent to the Initial Closing when the Government 03-72351.06 6 MCAS TUSTIN CONVEYANCE AGREEMENT Page 7 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 no longer requires such Subsequent Personal Property for Government activities at MCAS Tustin or MCAS E1 Toro pursuant to the terms and conditions of a Bill of Sale, in substantially the form attached hereto and made part hereof as Exhibit "F-2." ARTICLE 4. City Subsequent Conveyance and Use of Property. shall: 4.1 Following conveyance of Property from the Government to the City, the City 4.1.1 Santa Ana Unified School District. Convey approximately twenty- two (22) acres of Parcel 1 to the Santa Aha Unified School District ("SAUSD") (or otherwise dispose of such 22 acres, as agreed to by the City and SAUSD), provided that SAUSD agrees to settle its disputes with the City; if the SAUSD does not execute a settlement agreement with the City by February 27, 2003, convey such 22 acres to the Rancho Santiago Community College District ("RSCCD"). 4.1.2 Rancho Santiago Community College District. Convey approximately fifteen (15) acres of Parcel 1 to the Rancho Santiago Community College District ("RSCCD"). 4.1.3 South Orange County Community College District. 4.1.3.1 Convey the balance of Parcel 1 (less the twenty-two (22) acre portion set aside for SAUSD) to the South Orange County Community College District ("SOCCCD"), provided that SOCCCD unconditionally consents to the expansion of RSCCD's boundary to include the property in Parcel 1 to be transferred to RSCCD; if SOCCCD does not so consent by May 1, 2002, convey the entire Parcel 1, exclusive of the 22 acre portion set aside for SAUSD, to RSCCD. 4.1.3.2 Convey the northern portion of Parcel 19 to SOCCCD, provided that SOCCCD unconditionally consents to the expansion of RSCCD's boundary to include the property in Parcel I to be transferred to RSCCD. 4.1.3.3 Convey Parcel 2 to SOCCCD, provided that SOCCCD unconditionally consents to the expansion of RSCCD's boundary to include the property in Parcel 1 to be transferred to RSCCD and, provided further, that the County of Orange Sheriff's Department withdraws its PBC Application and Parcel 2 is included as part of the Real Property as defined herein. ARTICLE 5. Disposal of Government Parcels. 5.1 The Government intends to dispose of the Government Parcels to persons and 03-72351.06 7 MCAS TUSTIN CONVEYANCE AGREEMENT Page 8 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1 entities other than the City. The Government shall ensure that any sale solicitation documents 2 concerning the Government Parcels clearly state that the entities acquiring such Government 3 Parcels, must work with the City of Tustin or the City of Irvine, as appropriate, as the local 4 governmental bodies with zoning and other approval authority over the ultimate use of such 5 parcels, on issues such as the fair share allocation of the cost of required infrastructure 6 improvements that could be attributable to the development of such Government Parcels and the 7 need to comply with the requirements of the MCAS Tustin Homeless Assistance Plan 8 incorporated in the Base Reuse Plan and the Homeless Assistance Agreement, as amended 9 ("Homeless Agreements"). The Homeless Agreements identify fourteen (14) units within the 10 City of Irvine and thirty-six (36) units within the City of Tustin. Towards such implementation, the Parties agree that the City shall not adopt a regulatory exaction requirement for homeless purposes of more than twelve (12) units as described herein on the Government Parcels within the City of Tustin. In the event that the City adopts a regulatory exaction or imposes a greater requirement for homeless purposes on the Government Parcels within the City of Tustin, the Government may consider such imposition to be a breach of this Agreement and the Government may exercise any available remedies as set forth in Article 30.1 of this Agreement. However, it shall not be considered a breach of this Agreement, if, after the purchase of a Government Parcel or Parcels is completed, the City proposes, and thereafter the City and any such purchaser(s) mutually agree to, a different allocation of units for homeless purposes. 5.2 The City has prepared a Specific Plan that delineates planning areas for MCAS Tustin and describes the permitted and conditionally permitted land uses, site development standards, and special development or reuse requirements within those planning areas. The Government Parcels are located in several of the planning areas. To facilitate the sale of the Government Parcels, unless enjoined by a court of competent jurisdiction, the City shall promptly initiate, strongly support and affirmatively pursue all steps required to consider adoption of the Specific Plan ( the "entitlement"), as it affects the Government Parcels within the City of Tustin in substantially the same form as is contained in the Base Reuse Plan, and consistent with the City's General Plan. The City shall take all implementing actions required of it to permit redevelopment of the Government Parcels including, but not limited to the active support and advocacy of any relevant state legislation. In entering into this Agreement, the Parties contemplate that the entitlement for the development of both the Real Property and Government Parcels will be made available by the City no later than the same time that such entitlement is available for the first increment of Real Property to be sold or developed (with the exception of infrastructure construction and development) by the City unless the City is enjoined by a court of a competent jurisdiction from rezoning the Real Property and Government Parcels. In the event that such entitlement is not available for the Government Parcels, the City shall not sell or develop (with the exception of infrastructure construction and development) any increment of Real Property until such time as the entitlement is available for the Government Parcels. If the City proceeds with such sale or development (with the exception of infrastructure construction and development) in violation of this Agreement, the Navy may terminate the 03-72351.06 8 MCAS TUSTIN CONVEYANCE AGREEMENT Page 9 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Agreement as provided in Article 30. 5.3 City agrees to take such reasonable actions as may be required to facilitate the sale of the Government Parcels. The City also agrees that purchasers of the Government Parcels will be treated in the same manner as any other purchaser of property within MCAS Tustin with regards to such matters as may affect sales and development, including the imposition of exactions. ARTICLE 6. Easements. 6.1 Assignment of Existing Easements. To the extent such easements exist and are assignable, the Government shall assign to the City any easements held by the Government over, under, or through non-Government property necessary for the operation, maintenance, or improvement of any Parcel or utility infrastructure systems conveyed to the City, substantially in the form set forth in Exhibit "G-I", attached hereto ("Assignment of Easement"). To the extent such easements are not assignable by the Government, the Government will cooperate with the City to acquire from such property owners the necessary access rights. 6.2 Easements over Remaining Government Property. The Government shall grant to the City general access easements and such other specific easements: 1) on, across, or over all portions of MCAS Tustin that are part of the Real Property, but not yet conveyed to the City, or that are to be conveyed to others, that are required by the City for operation and maintenance, improvement, or for the construction, operation and maintenance of any new or existing utility systems and roadways, and 2) on, across, or over all roads located on the MCAS Tustin remaining under the Government's ownership, provided such easements do not unduly conflict with the Government's activities or responsibility to protect human health and the environment or to conduct investigation or remediation activities substantially in the form set forth in Exhibit "G-2", attached hereto ("Easement"). 6.3 Reserved Easements Over Conveyed Parcels. The Quitclaim Deeds shall contain any necessary reservations of easements by the Government that are reasonably required for the benefit of real property remaining under the Government's ownership, including but not limited to non-exclusive easements for ingress and egress, operation and maintenance and construction of any new or existing utility systems on, over, or across certain existing roads located on such conveyed Parcels, as applicable. ARTICLE 7. Closing and Settlement. 7.1 Opening of Escrow. If an escrow is required by either Party for any Closing other than the Initial Closing, the Parties agree to jointly develop escrow instructions consistent with this Agreement for the Closing, as necessary. The Parties shall deposit the agreed upon 03-72351.06 9 MCAS TUSTIN CONVEYANCE AGREEMENT Page 10 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1 escrow instructions with a Title Company and the instructions shall serve as instructions to the 2 Title Company, as the escrow holder, for each of the Closings contemplated hereby. The 3 Government and the City agree to execute such additional escrow instructions as may be 4 appropriate to enable the escrow holder to comply with the terms of this Agreement, provided, 5 however, that in the event of any conflict between the provisions of this Agreement and any supplementary escrow instructions, the terms of this Agreement shall control. If no escrow is established, the deliveries shall be made by each Party to the other at a mutually agreed upon time and location, consistent with the other provisions of this Agreement. The Government shall not be responsible for any costs associated with an escrow. 7.2 Schedule. The Parties shall use their best effort to consummate the Initial Closing on or before the first day of May 2002 and Subsequent Closings in accordance with the Conveyance Schedule set forth in Article 3, or such other mutually agreeable date. 7.3 Pre-Closing Government Deliveries. The Government shall make available to the City at the execution of this Agreement and within 72 hours prior to each Closing documents defined in Articles 9 and 10. 7.4 Government Initial Closing Deliveries. The Government shall deliver to the Initial Closing the following documents reasonably satisfactory to the City and in a form previously reviewed and approved by the City, duly authorized, executed, and notarized: 7.4.1. Quitclaim Deed(s) in the form set forth in Exhibits "C-I" through "C- 8", for the Parcels that comprise Parcel Group I to be conveyed at the Initial Closing pursuant to this Agreement. 7.4.2. Easements in the form set forth in Exhibit "G-2" 7.4.3 Assignment of Easements in the form set forth in Exhibit "G-1." 7.4.4 FOSTs for the Parcels that comprise Parcel Group I to be conveyed at the Initial Closing. 7.4.5 Bill of Sale for the Initial Personal Property that will be conveyed to the City in the form set forth in Exhibit "F-1." 7.4.6 The LIFOC in the form set forth in Exhibit "E." 7.4.7 The Government's Finding of Suitability to Lease ("FOSL"). 03-72351.06 10 MCAS TUSTIN CONVEYANCE AGREEMENT Page 11 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 7.4.8 Certificate confirming that the Govemment representations in this Agreement are true and correct as of the date of the Closing in substantially the form set forth in Exhibit J-1. 7.4.9 A fully executed Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards in the form set forth in Exhibit "H." 7.5 City Initial Closing Deliveries. The City shall deliver to the Initial Closing the following Closing Documents reasonably satisfactory to the Government and in a form previously reviewed and approved by the Government, duly authorized, executed and notarized: 7.5.1. A City resolution authorizing the City to consummate the transaction. 7.5.2. Accepted Quitclaim Deed(s) in the form set forth in Exhibits "C-I" through "c g" v-v , for the Parcels that comprise Parcel Group I to be conveyed at the Initial Closing pursuant to this Agreement. 7.5.3. Accepted Easements in the form set forth in Exhibit "G-2." 7.5.4. "G-I ." Accepted Assignment of Easements in the form set forth in Exhibit 7.5.5. The LIFOC in the form set forth in Exhibit "E." 7.5.6 A fully executed Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards in the form set forth in Exhibit "H." 7.5.7. Such additional documents as may be required by Califomia law, the Title Insurer, or the Government. 7.5.8. Certificate confirming that the representations of the City in this Agreement are true and correct as of the date of the Closing in substantially the form set forth in Exhibit J-2. 7.6 Government Subsequent Closing Deliveries. The Government shall deliver to each Subsequent Closing the following documents reasonably satisfactory to the City and in a form previously reviewed and approved by the City, duly authorized, executed and notarized: 7.6.1. Quitclaim Deed(s) in substantially the form set forth in Exhibits "C-I" through "Cv-v~", conveying the Parcel(s) to be conveyed at that Closing pursuant to this Agreement. 03-72351.06 1 1 MCAS TUSTIN CONVEYANCE AGREEMENT Page 12 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 7.6.2. FOST(s) for such Parcel(s) to be conveyed at that Closing. 7.6.3. Certificate confirming that the Government representations in this Agreement are true and correct as of the date of the Closing in substantially the form set forth in Exhibit J-1. 7.6.4 A fully executed Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards substantially the form set forth in Exhibit H. 7.7 City Subsequent Closing Deliveries. The City shall deliver to each Subsequent Closing the following Closing Documents reasonably satisfactory to the Government and in a form previously reviewed and approved by the Government, duly authorized, executed and notarized: 7.7.1 Accepted Quitclaim Deed(s) in the form set forth in Exhibits "C-I" through "C ~" v-v , for the Parcels to be conveyed at that Closing pursuant to this Agreement. 7.7.2 A fully executed Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards in the form set forth in Exhibit "H." 7.7.3 Such additional documents as may be required by California law, the Title Insurer, or the Government. 7.7.4 Certificate confirming that the representations of the City in this Agreement are true and correct as of the date of the Closing in substantially the form set forth in Exhibit J-2 7.8 Subsequent Personal Property. The Government shall execute and deliver to the City the Bill of Sale for the Subsequent Personal Property at a mutually convenient time and place following a determination by the Government that it no longer requires the use of the Subsequent Personal Property substantially the form set forth in Exhibit F-2. ARTICLE 8. Time of the Essence. In order to facilitate the economic redevelopment of MCAS Tustin and the Government's disposal of the Property, time is of the essence in this Agreement. 03-72351.06 1 2 MCAS TUSTIN CONVEYANCE AGREEMENT Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ARTICLE 9. Environmental Reports. 9.1 The Government has made all known relevant Environmental Reports of material significance available for inspection and copying by the City prior to the execution of this Agreement and shall continue to make them readily available as environmental investigations continue. The City and its transferees, agents, successors and assigns, at their own expense, shall have the right to inspect, review, and copy the Environmental Reports with seventy-two (72) hour prior notice. 9.2 The CERCLA administrative record component of the Environmental Reports shall be indexed and an up-to-date copy of the index shall be provided to the City prior to the Initial Closing and again prior to each Subsequent Closing for subsequent Parcels. 9.3 At all times the Government shall keep the City fully informed of the Government's progress in completing the remediation of each Parcel. ARTICLE 10. Delivery of Property Documents On or about the date of the Initial Closure, the Government will make available with seventy-two (72) hour prior notice for transfer to and removal or copying by the City those surveys, soils and geological reports, studies, assessments, test results, well close-out reports, leases, licenses, easements, permits, contracts and other documents relating to the physical or structural composition of the Property including plans and specifications for buildings and other improvements, drawings of underground utility systems (including gas, sewer, water, electrical, and telephone), personal property (including executed and completed motor vehicle transfer of ownership forms) and any and all other documents of material significance to the ownership, use, management or operation of the Property ("Property Documents") which may be physically located at Building 368, MCAS E1 Toro, at Southwest Division of the Naval Facilities Engineering Command, or at such other place as the Government identifies as the repository of Property Documents. The Government shall make available to the City any other documents available to the Government that the City may reasonably request relating to the Property. The Government shall cooperate with the City in providing information about title, physical condition and other matters relating to the ownership, maintenance, operation and use of the Property. ARTICLE 11. Use of Proceeds From Sale or Lease. 11.1 Economic Development Purposes. Any proceeds from a sale, lease, or equivalent use of the Property (i.e., any mechanism that serves to accomplish the same purposes of a sale or lease such as licenses, permits, concession agreements, etc.) received by the City for the Property during the first seven (7) years after the recordation of the first Quitclaim Deed or LIFOC for a part of the Real Property, must be used to support long-term job creation and the 03-72351.06 1 3 MCAS TUSTIN CONVEYANCE AGREEMENT Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 economic redevelopment of, or related to, MCAS Tustin. Tax revenues shall not be construed to be proceeds from a sale, lease, or equivalent use of the Property. 11.2 Examples of Allowable Uses Proceeds. Allowable uses of proceeds pursuant to subparagraph 11.1 include payment for, or offsetting the costs of public investment, for the following purposes: · Road construction · Transportation management facilities · Storm and sanitary sewer construction · Police and fire protection facilities and other public facilities · Utility construction · Building rehabilitation · Historic property preservation · Pollution prevention equipment or facilities · Demolition · Disposal of hazardous materials generated by demolition · Landscaping, grading, and other site or public improvements · Planning for or the marketing of the redevelopment and reuse ofMCAS Tustin Other activities on MCAS Tustin that are related to those listed above (for example, new construction related to job creation and economic redevelopment, capital improvements, and operation and maintenance of MCAS Tustin needed to market its redevelopment and reuse) shall also be considered an appropriate, allowable use of such proceeds. In order for investments made off of MCAS Tustin to be considered allowable use of such proceeds, the City shall submit appropriate documentation to the Government for its approval which demonstrates that such investments are related to those lis/ed above and directly benefit the City's economic redevelopment and long-term job generation efforts on MCAS Tustin. The Government shall notify the City of its receipt of the City's request within thirty (30) calendar days of receipt of the City's request and shall use its best efforts to notify the City of its decision within sixty (60) calendar days of the date of the Government's initial notification of receipt. The Government acknowledges that the following projects directly benefit the City's economic redevelopment and long-term job generation efforts on MCAS Tustin not subject to prior Government approval: the Tustin Ranch Road Interchange/Walnut extension project, the Peters Canyon Channel improvements project, the Santa Ana/Santa Fe Channel improvements, off-site transportation/circulation mitigation measures required by the EIS/EIR for the Disposal and Reuse of MCAS Tustin and other mitigation costs as identified in the EDC Application, as amended. Proceeds provided to the Santa Ana Unified School District ("SAUSD"), restricted for 03-72351.06 14 MCAS TUSTIN CONVEYANCE AGREEMENT Page 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1 use to construct or acquire school facilities either on or off MCAS Tustin, or used by the City to 2 install utility connections off-site to any site conveyed by the City to SAUSD, or to reimburse 3 SAUSD for any fair share obligation it may have for backbone infrastructure to serve MCAS 4 Tustin, or to finance any obligations to SAUSD, shall also be an allowable use of proceeds that 5 will not be subject to recoupment, including any obligation that the City may incur to make payments out of land sale proceeds to SAUSD after the seven (7) year recoupment period identified in subparagraph 11.1. City to modify based on agreement language to date 11.3 Records. Consistent with standard accounting practices for tax purposes, the City shall maintain adequate records and books of account for income and expenses related to the redevelopment of MCAS Tustin detailing transactions described in subparagraphs 11.1 and 11.2. The City shall provide the Government with access to such records and books of account and proper facilities for inspection thereof at all reasonable times. 11.4 Financial Statements. The City shall submit to the Government an annual financial statement certified by an independent certified public accountant. The statement shall cover the City's use of proceeds it receives from the sale, lease, or equivalent use of the Property. The first such statement shall be delivered on December 1, 2003, and shall cover the period from the date of recordation of the first Quitclaim Deed or LIFOC until June 30, 2003. The next seven annual statements shall be submitted on December 1 of each succeeding year and shall cover the time period from July 1 of the previous year to June 30 of the year of submittal. The last such annual statement shall be delivered on December 1, 2009. The annual financial statements shall cover the use of all proceeds from all Property that has been conveyed by the Government to the City pursuant to this Agreement from the date of recordation of the first Quitclaim Deed to the end of the relevant annual reporting period. 11.5 Recoupment of Proceeds. The Government may recoup all proceeds described in subparagraph 11.1, which have not been reinvested in allowable uses described in subparagraphs 11.1 or 11.2. Ifrecoupment is desired after review of annual financial statements, the Government shall notify the City in writing that it intends to recoup proceeds in a specific amount, describing why it believes that those proceeds have not been reinvested as required by subparagraph 11.1 or 11.2. Within 30 days of receipt of such notification, the City shall submit its response to the Government. Within 30 days of receipt of the City's response, or within 30 days of the date the City's response was due under this subparagraph, the Government shall issue its decision on the matter, which shall be final and binding on the City subject to the Dispute Resolution Procedures contained in Article 25. The City shall remit the amount of recoupment due within 60 days of the final resolution of the dispute. ARTICLE 12. Government's Representation. 03-72351.06 1 5 MCAS TUSTIN CONVEYANCE AGREEMENT Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 12.1 The Government hereby represents to the City on and as of the Effective Date and will represent as of the date of each closing as follows: 12.1.1 Execution of Agreement. That the Government has full capacity, fight, power and authority to execute, deliver and perform this Agreement and all documents to be executed by the Government pursuant hereto, and all required action and approvals therefor have been duly taken and obtained for the Initial Closing. The Government further represents to the City that as of the date(s) of Subsequent Closing(s), the Government shall have full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by the Government pursuant hereto for the Subsequent Closing(s) unless subsequently prohibited by law. This Agreement and all documents to be executed pursuant hereto by the Government are and shall be binding upon and enforceable against the Government in accordance with their respective terms. 12.1.2 Complete Information. All known relevant Environmental Reports and Property Documents of material significance have been made available to the City for inspection and copying. 12.1.3 Contracts, Leases, or Licenses. To the best of Government's knowledge, information and belief, the Government is not aware of any contracts, leases, or licenses with respect to the Real Property that will survive closing. To the best of Government's knowledge, no default has occurred and no event has occurred, with notice or lapse of time or both, which would constitute a default under any agreement, contracts, leases or other obligations of the Government related to the operations of the property and all such agreements, contracts, leases and other obligations, if any, with regard to the Property to be conveyed. The Government has not assigned a security interest in any of the agreements, 12.1.4 Personal Property. To the best of Government's knowledge, information and belief, the Government is not aware of any security interests or other encumbrances on the title of any of the Personal Property listed in the Bill(s) of Sale. ARTICLE 13. City Representations. The City hereby represents to the Government that on and as of the Effective Date and on and as of the Initial Closing, the City has full capacity, fight, power and authority to execute, deliver and perform this Agreement and all documents to be executed by the City pursuant hereto, and all required action and approvals therefor have been duly taken and obtained for the Initial Closing. The City further represents to the Government that as of the Subsequent Closing(s), the City shall have full capacity, right, power and authority to execute, deliver and 03-72351.06 1 6 MCAS TUSTIN CONVEYANCE AGREEMENT Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36' 37 38 39 40 41 perform this Agreement and all documents to be executed by the City pursuant hereto, and all required action and approvals will have been duly taken and obtained for the Subsequent Closing(s). The individuals signing this Agreement and all other documents executed or to be executed pursuant hereto on behalf of the City shall be duly authorized to sign the same on the City's behalf and to bind the City thereto. This Agreement and all documents to be executed pursuant hereto by the City are and shall be binding upon and enforceable against the City in accordance with their respective. ARTICLE 14. Environmental Provisions. The Government recognizes its obligations under Section 330 of the National Defense Authorization Act of 1993 (Public Law 102-484) as amended, regarding indemnification of transferees of closing Department of Defense property. ARTICLE 15. Covenant Against Contingent Fees. The City warrants that no person or agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the City for the purpose of securing the successful purchase of the Property by the City. "Bona fide established commercial agencies" has been construed to include licensed real estate brokers engaged in the business generally. For breach or violation of the warranty, Government has the right to annul this Agreement without liability or in its discretion to require the City to pay, in addition to the consideration, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE 16. Notices. Notices shall be deemed sufficient under this Agreement if made in writing and submitted to the following addresses (or to any new or substitute address hereinafter specified, in a writing theretofore delivered in accordance with the notice procedure set forth herein by the intended recipient of such notice): If to the City: City of Tustin 300 Centennial Way Tustin, California 92780 Attn: City Manager Christine Shingleton Assistant City Manager City of Tustin 03-72351.06 1 7 MCAS TUSTIN CONVEYANCE AGREEMENT Page 18 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 300 Centennial Way Tustin, California 92780 With a copy to: George R. Schlossberg, Esq. Kutak Rock LLP 1101 Connecticut Avenue, N.W. Suite 1000 Washington, DC 20036 (202) 828-2418 If to Government: Commanding Officer Southwest Division Engineering Field Division Naval Facilities Engineering Command 1220 Pacific Highway San Diego, CA 92132-5189 With a copy to: Navy BRAC Operations Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway San Diego, CA 92132-5189 ARTICLE 17. Prior Liabilities. 17.1 To the extent provided by law, the Government shall remain responsible for all liabilities, claims, demands, judgments, suits, litigation, amounts payable (collectively, "Pre- Closing Obligations") against the Government attributable to the period prior to the conveyance or lease of the Property to the City. The City shall notify the Government of the existence or occurrence of any such Pre-Closing Obligations of which it has knowledge and shall cooperate with the Government in the disposition thereof. 17.2 To the extent provided by law, the Government agrees that it shall be solely responsible for activities of its employees, agents or contractors conducted on the Property by the Government, its agents, employees or contractors under this Agreement. ARTICLE 18. Finality of Conveyance. 18.1 Effect of Quitclaim Deeds. The delivery of the executed Quitclaim Deeds pursuant to this Agreement from the Government to the City shall be deemed full performance by the Government of its obligations hereunder with regard to those Parcels conveyed by each 03-72351.06 1 8 MCAS TUSTIN CONVEYANCE AGREEMENT Page 19 1 Quitclaim Deed other than any obligations of the Government which are required by this 2 Agreement or by law (including without limitation any obligations under CERCLA Section 3 120(h) and Section 330 of the Department of Defense Authorization Act of 1993, as amended) to 4 be performed after the delivery of each such Quitclaim Deed. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 18.2 Possession. Upon any Closing, the Government shall immediately deliver to the City possession of the Property conveyed in such Closing in the condition required by this Agreement. 18.3 No Right of Rescission. There shall be no right of rescission in the Government as to the Property, or any portion thereof, once conveyed to the City. ARTICLE 19. As Is Where Is. Except as provided herein, all of the Property conveyed or leased hereunder will be "as is" and without any representation or warranty whatsoever and without any obligation on the part of the United States of America except as expressly provided for by law, this Agreement, the Quitclaim Deeds or the LIFOC. ARTICLE 20. Government's Covenants. 20.1 From the Effective Date, the Government shall not do, permit, or agree to do, any of the following: 20.1.1 Sell, encumber or grant any interest in the Property or any part thereof in any form or manner whatsoever or otherwise perform or permit any act which will diminish or otherwise affect the City's interest under this Agreement or in or to the Property or which will prevent the Government's full performance of its obligations hereunder, without the prior written consent of the City; or 20.1.2 Remove any fixtures or the Personal Property, without the prior written consent of the City, except when such removals or alterations are in association with the Government's continuing obligations under CERCLA or Government's caretaker operations at either MCAS Tustin or MCAS El Toro. 20.1.3 The provisions of 20.1.1 shall not apply to notices, restrictions or covenants to restrict the use of Property incorporated into Quitclaim Deeds, or entered into by the Government and the California Department of Toxic Substances Control pursuant to § 1471 of the California Civil Code and Chapters 6.5 and 6.8 of the California Health & Safety Code that are executed for a given parcel contemporaneously with the execution of Quitclaim Deeds for such Parcel at the Initial Closing or Subsequent 03-72351.06 1 9 MCAS TUSTIN CONVEYANCE AGREEMENT Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Closings, and in accordance with a CERCLA ROD or FOST for the Parcel. ARTICLE 21. Liability for Environmental Contamination. Notwithstanding any other provision of this Agreement, and except as set forth in the Quitclaim Deeds described herein or as provided under leases entered into between the City and 'the Government prior to the date of execution of this Agreement and the LIFOC, the City does not hereby assume any liability or responsibility for environmental impacts and damage located on the Real Property prior to the date of conveyance to the City or caused by the Government's use of hazardous materials on any portion of the Property prior to the date of conveyance. The City has no obligation under this Agreement to undertake the defense of any claim or action, whether in existence now or brought in the future, or to conduct any cleanup or remediation action solely arising out of the use or release of any hazardous materials, on or from any part of the Property: 1) due solely to activity on the Property by the Government or 2) during the Government's ownership of the Property except as provided under leases entered into between the City and the Government prior to the date of execution of this Agreement and the LIFOC. ARTICLE 22. Short Form Notice. Upon execution of this Agreement, the City and Government shall execute the Short Form Notice of Agreement attached hereto as Exhibit 'T'. The Short Form Notice of Agreement shall be recorded in the Official Records of the County of Orange, California immediately following the execution of this Agreement. ARTICLE 23. Modification; Waivers. This Agreement contains the entire agreement and understanding of the parties in respect to the purchase and sale of the Property, and may not be amended, modified or discharged nor may any of its terms be waived except by an instrument in writing signed by the Parties. A waiver by a Party of a specific provision shall not be deemed a waiver of any subsequent provision. The Parties hereto shall not be bound by any terms, conditions, statements, warranties or representations, oral or written, not contained herein. ARTICLE 24. Further Assurances. 24.1 The Parties acknowledge that it is their mutual intent to effectuate an orderly, amicable, and expeditious transfer of the Property from Government to the City and that, toward that end, (i) any or all ambiguities herein shall, to the extent practicable, be construed in the way most liberally conducive to the aforesaid conveyance, (ii) neither Party shall be considered the drafter of this Agreement or any of its provisions for the purposes of any statute, case law, or rule of interpretation or construction, that would or might cause any provision to be construed against 03-72351.06 20 MCAS TUSTIN CONVEYANCE AGREEMENT Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 the drafter of the Agreement, (iii) the Parties agree to take such additional acts and/or to permit such additional actions (including but not limited to any actions required in the event it shall become necessary, before or after the conveyances contemplated herein, to effect a formal subdivision or subdivisions of the Property) and (iv) the Parties agree to execute, deliver and perform under the terms of such other documents as their respective legal counsel may deem necessary or appropriate to effect the purposes of this Agreement. 24.2 The Parties acknowledge that the City executed a Memorandum of Agreement dated September 21, 2000 with the United States for the continued operation of a United States Army Reserve Facility at the former MCAS Tustin attached hereto as Exhibit "L" ("Army Reserve Agreement"). The Parties shall cooperate to implement the Army Reserve Agreement. ARTICLE 25. Dispute Resolution Procedures. 25.1 If a dispute arises under this Agreement, the following procedures shall apply: (1) Either Party may invoke this dispute resolution procedure, (2) The Parties shall make reasonable efforts to informally resolve disputes at the lowest level prior to the issuance of a formal written statement of dispute under the procedures set forth below, and (3) Both Parties shall abide by the terms and conditions of any final resolution of the dispute. 25.2 Within thirty (30) days after any action which leads to or generates a dispute or after efforts to informally resolve a dispute have failed, either Party may submit a written statement of dispute to the other Party setting forth the nature of the dispute, the work affected by the dispute, the disputing Party's technical and legal position regarding the dispute, and the relief requested. The Commanding Officer, Southwest Division, Naval Facilities Engineering Command and the City Manager of the City, shall serve as Dispute Resolution Managers for their respective Party. The written statement of dispute shall be mailed by the Dispute Resolution Manager for the disputing Party to the Dispute Resolution Manager for the other Party. 25.3 The Dispute Resolution Managers shall have twenty-one (21) working days to resolve the dispute from the date of receipt of the written statement of dispute. The resolution of the dispute shall be memorialized in writing. 25.4 The Parties shall diligently perform under this Agreement pending the completion of these dispute resolution procedures. 25.5 If the Dispute Resolution Managers are unable to resolve the dispute within twenty-one working days of receipt of the written statement of dispute, the Parties may pursue whatever remedies they may have at law or equity. 03-72351.06 21 MCAS TUSTIN CONVEYANCE AGREEMENT Page 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 25.6 The timeframes set forth above for reporting and resolution of disputes may be extended by mutual agreement of the Parties and such agreement shall be memorialized in writing. ARTICLE 26. Survival and Benefit. Continuing rights, interests and obligations of the Parties shall survive Closing as provided in this Agreement and the same shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties. Nothing in this Agreement otherwise shall be construed as creating any rights of enforcement by any person or entity that is not a party hereto, nor any rights, interests or third party beneficiary status for any entity or person other than the Parties hereto. ARTICLE 27. Interpretation. 27.1 The headings and captions herein are inserted for convenient reference only and the same shall not limit or construe the paragraphs or sections to which they apply or otherwise affect the interpretation hereof. 27.1.1 The terms "hereby, .... hereof, .... hereto," "herein, .... hereunder" and any similar terms shall refer to this Agreement, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this Agreement. 27.1.2 Words of the masculine, feminine or neuter gender shall mean and include the correlative words of other genders, and words importing the singular number shall mean and include the plural number and vice versa. 27.1.3 Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons. 27.1.4 The terms "include," "including" and similar terms shall be construed as if followed by the phrase "without being limited to." 27.1.5 This Agreement shall be governed by and construed in accordance with Federal law and the laws of the State of California, provided, that in the event of a conflict between Federal law and the laws of the State of California, the Federal law shall govern. 27.1.6 Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Saturday, Sunday or holiday observed by the performing party, such time for performance shall be extended to the next business day. Otherwise all references herein to "days" shall mean calendar days. 03-72351.06 22 MCAS TUSTIN CONVEYANCE AGREEMENT Page 23 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 27.1.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. ARTICLE 28. Non-Discrimination. The City covenants for itself, its successors and assigns, that it will comply with all applicable provisions of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1975 in the use, occupancy, sale or lease of the Property. The foregoing shall not be construed to prohibit the operation of federal or state approved programs focusing on the special needs of the homeless, veterans, victims of domestic violence and other classes of persons at risk; not shall it be construed to prohibit employment practices not otherwise prohibited by law. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction. ARTICLE 29. Availability of Funds. 29.1 The Government's obligations under this Agreement are subject to the availability of funds appropriated for such purpose. Nothing in this Agreement shall be construed as or constitute a commitment or requirement that the Government obligate or pay funds in contravention of the Antideficiency Act, 31 U.S.C. Section 1341, or that Congress, at a later time, will appropriate funds sufficient to meet deficiencies. 29.2 Actions of the City shall be governed by and subject to the provisions of California law relating to a general law city. Except for the City's recoupment obligations set out in Article 11 of this Agreement, there shall be no obligation for the payment or expenditure of money by the City under this Agreement unless the City first certifies that there is a valid appropriation from which the expenditure may be made and that unencumbered funds are available from the appropriation to the expenditure. ARTICLE 30. Termination and Remedies for Nonperformance. 30.1 In the event a Party hereto fails to observe or perform any of its obligations under this Agreement or otherwise breaches the Agreement, after having been provided written notice and failing to cure the default within thirty (30) days after such notice, the other Party will 03-72351.06 23 MCAS TUSTIN CONVEYANCE AGREEMENT Page 24 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 be entitled to exercise any and all of the remedies for breach which are provided herein, as well as any other remedies to which the Party is entitled at law or in equity, including the right to terminate this Agreement and the LIFOC. 30.2 Failure by the City to accept the conveyance of a Parcel by Quitclaim Deed within thirty (30) days following Government execution of a FOST and tender of such Quitclaim Deed for such Parcel may be deemed a breach of this Agreement and the Government may exercise any available remedies, as set forth in paragraph 30.1 above. Notwithstanding the foregoing, the City shall not be liable for monetary damages if it does not accept conveyance of a Parcel in a timely manner as provided in this paragraph 30.2. ARTICLE 31. Failure to Insist on Compliance. The failure of either Party to insist, in any one or more instances, upon strict performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment of such Party's right to future performance of this Agreement, but the obligations of the other Party with respect to such future performance shall continue in full force and effect. Whenever the terms of this Agreement call for one Party to approve an action or make a determination before the other Party may undertake or perform such action, said approval or determination shall not be unreasonably denied or delayed. ARTICLE 32. Modification; Waivers. This Agreement, together with all exhibits hereto, contains the entire agreement and understanding of the parties in respect to the conveyance of the Property, and may not be amended, modified or discharged nor may any of its terms be waived except by an instrument in writing signed by the Parties. A waiver by a Party of a specific provision shall not be deemed a waiver of any other provision. The Parties hereto shall not be bound by any terms, conditions, statements, warranties or representations, oral or written, not contained herein. ARTICLE 33. Counterparts. This Agreement may be executed in multiple counterparts and/or with the signatures of the Parties set forth on different signature sheets and all such counterparts, when taken together, shall be deemed one original. ARTICLE 34. Utilities for Government Parcels. The City will take all reasonable steps necessary to transfer water, electric, sewer, natural gas and storm drain systems to the appropriate utility providers. To the maximum extent practicable, the City shall work with utility service providers other owners and prospective 03-72351.06 24 MCAS TUSTIN CONVEYANCE AGREEMENT Page 25 owners to facilitate the provision of water, electrical, and sewerage services to property retained by Government and/or transferred by public sale or via public benefit conveyances. [SIGNATURE PAGE FOLLOWS] 03-72351.06 25 MCAS TUSTIN CONVEYANCE AGREEMENT Page 26 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 IN WITNESS WHEREOF, the Parties, intending to be legally bound hereby, have caused their duly appointed representatives to execute this Agreement as of the Effective Date set forth above. THE UNITED STATES OF AMERICA, Acting by and through the Department of the Navy By: WILLIAM R. CARSILLO Real Estate Contracting Officer Base Realignment & Closure Office Dated: CITY OF TUSTIN Attest: By: WILLIAM A. HUSTON City Manager By: Pamela Stoker City Clerk Approved as to form: By: Lois Jeffrey, Esq. City Attorney 03-72351.06 26 EXHIBIT A iii EXHIBIT B EXHIBIT C ( DEEDS TO BE INSERTED PRIOR TO SIGNATURE) EXHIBIT D 13056 Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Notices ~. Public scoping meeting(s) are ex][ected to be scheduled in Spring 200t1. Meeting(s) will be held in Athens, Ne~ York at locations not yet dete~nined. Results from the public scop~ng meeting(s) with the District and Fedet[al, state and local agency coordination will be addressed in the DEIS. ~Parties interested in receiving notice~ of public scoping meeting(s) should1 ~.ontact Jenine Gallo at the above addres~ 4. Fe~ .~ral agencies interested in particip~ in§ as a Cooperating Agency are requested to submit a letter of intent to Colone] William H. Pearce, District Engineer the above address. 5. Estim ted Date of DEIS availability: January 2ol 2. Joseph Vietri Deputy Chief, fanning Division. [FR Doc. 01-51 ? Filed 3-1-01; 8:45 am] BILLING CODE 3711 .06-M DEPARTMENT ~F DEFENSE Department of tl~e Army, Corps of Engineers \ Notice of Intent ai~d Notice of Preparation for an~Environmental Impact Statement ~ nd Environmental Impact Report for' ; Proposed Flood Damage Reduction~~lnvestigation in Stanislaus County, alifornia AGENCY: U.S. Army (~orps of Engineers, DoD. ACT;ON: Notice of~ SUMMARY: The objecti~res of this project are to identify a flood ~:edu.ction. plan that will yield a soundlproject, both functionally and econ(J nically, to reduce flood damages It he populated towns of Newman and ~atterson, California, and the sun rending agricultural land. The iJ .tent of this proiect is to improve th~ hydraulic conveyance of the Orest mba, Salado, and Del Puerto Creeks. avironmental restoration may be a con )orient of the plan if a sponsor can be lentified. FOR FURTHER INFORMATION CONTACT: Questions about the prop sed action and EIS/EIR can be directE to Josh Garcia at (916) 557-6778 o sent to U.S. Army Corps of Engineers, l~anning Division, ATTN: CESPK-PDf-R, 1325 Street, Sacramento, Californ~ 95814- 2922. SUPPLEMENTARY INFORMATION: 1. Proposed Action The Corps, in cooperation wi~ the local sponsor (Stanislaus Coun. t~,. is conducting a feasibility investigation on Ithe alternative flood damage reduction Coordination Act Report as an appendix ~neasures identified during the \to the EIS/EIR. ~xpedited reconnaissance phase and ~d. A 45-day public review period will d~scribed in the Project Study Plan b~provided for individuals and dd~ed September 1998. This flood ag~cies to review and comment on the coqtrol investigation proposes to reduce drai~I~/ErR. All interested parties the~lood hazards currently associated respoi~xding to this notice and providing witl~floodflows along Oristemba, a_ currei~[ address will be notified of the Sala~ ~, and Del Puerto Creeks. draft EIS~klR circulation. 2. AIl .rnatives 4. Public M~ting The 'easibility report will address an A public sc~ing meeting was held on array c alternatives. Alternatives March 3, 1999,~n Newman, California. analyz~ . during the feasibility Public support f~ these proposed investig~ .tion will be a combination of projects was stror~ one or m )re flood reduction measures identifie~ during the reconnaissance 5. Availability kk The draft EIS/EIR is'~cheduled to be phase; ad [itional measures may be available for public rev~w and considere .These alternative measures c_ommen_t ~_?ly i.n calend~year 2002. include d~ :ention basins, hydraulic system mc lifications, creek widening, structural ~odifications, and snag Gregory O' S_howaiter, Army Federal Begister Liaison O~cer. clearing. a. No Acti~)n. there will be no flood [FR Doc. 0~-5~ Filed 3-~-0~; ~.~ am] control projects implemented for west mLUNG CODE ~710-~Z-~ Stanislaus C(~unty. b. Detentio~ basin and hydraulic system modifications are proposed for DEPARTMENT OF DEFENSE Salado Creek. ~rhis alternative focuses on safely conv~ying floodflows from the Salado creek fc~othills to the San Joaquin River. c. Detention i~asin, creek widening, and structural n~odifications are proposed for Ori~temba Creek. This alternative focus~[s on conveying floodflaws from tl m Oristemba Creek foothills to the Sa' l Joaquin River. d. Multipurpos~ detention basin and Department of the Navy Record of Decision for the Disposal and Reuse of Marine Corps Air Station Tustin, California SUMMARY: The Department of the Navy (Navy), pursuant to Section 102(2}(C) of the National Environmental Policy Act of 1969 [NEPA), 42 U.S.C. 4332(2)[C) (1994), and the regulations of the Council on Environmental Quality that implement NEPA procedures, 40 CFR Parts 1500-1508, hereby announces its decision to dispose of Marine Corps Air Station (MCAS) Tustin, which is located in Tustin, California. Navy and the City of Tustin jointly analyzed the impacts of the disposal and reuse of MCAS Tustin in an Environmental Impact Statement/ Environmental Impact Report (ElS/ErR), as prescribed by NEPA and the California Environmental Quality Act (CEQA}, Cal. Pub. Res. Code, §§ 21000- 21177. The City of Tustin is the Local Redevelopment Authority (LRA) for MCAS Tustin, as defined in the Department of Defense Rule on Revitalizing Base Closure Communities and Community Assistance (DoD Rule), 32 CFR 176.20(a). The City of Tustin's proposed reuse of MCAS Tustin is set forth in the Marine Corps Air Station (MCAS) Tustin Specific Plan/Reuse Plan, dated October 1996, as modified by the MCAS Tustin Specific Plan/Reuse Plan Errata, dated September 1998 (Reuse Plan). The Reuse Plan is set out in Chapters 1, 2 (except Section 2.17), and 5 of these hydraulic system aodifications are proposed for Del uerto Creek. This . alternative focus~ on safely conveying floodflows from ~ e Del Puerto Creek foothills to the Sar Joaquin River. Additionally, this alternative will provide water sup []y, hydroelectric po .wet generation, ~nd recreation for the region. 3. Scoping Process\ a. The project plar~provides for public scoping and commen~t. The Corps has initiated a process of~nvolving concerned individual~, local, state, and Federal agencies. ~ b. Significant issues ~o be analyzed in depth in the EIS/ErR in~ qude . appropriate levels of th flood damage reduction, adverse affe( :s on vegetation and wildlife resources,: pecial-status species, esthetics, cultu ~1 resources, recreation, and cumulati ~e effects of related projects in the st~ ldy area. c. The Corps will cons ~lt with the State Historic Preservatioh Officer, National Marine Fisheries Service, and the U.S. Fish and Wildlife Service to provide a Fish and Wildlife Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001/Notices 13057 documents. The Specific Plan, which includes the Reuse Plan, describes the proposed design for redevelopment of the base as we.ll as certain private property adjacent to the base. The EIS/ EIR analyzed three reuse alternatives and identified the Reuse Plan as Alternative 1. Navy will dispose of the base in accordance with Alternative 1. The alternative chosen will use the base for residential, commercial, educational, research and development, and light industrial purposes, to develop parks and recreational areas, and to build access roads. These land uses will complement the urban character of the City of Tustin and the surrounding area, and meet the Navy goals of achieving local economic redevelopment, creating new jobs, and providing additional housing, while limiting adverse environmental impacts and ensuring land uses that are generally compatible with adjacent property. Selection of the specific means to achieve the proposed redevelopment is in the hands of the acquiring entities and the local zoning authorities. Background Under the authority of the Defense Base Closure and Realignment Act of 1990 (DBCRA), Public Law 101-510, 10 U.S.C. 2687 note (1994), the 1991 Defense Base Closure and Realignment Commission recommended the closure of Marine Corps Air Station Tustin. The Commission also recommended that Navy retain the Air Station's family housing and related personnel facilities to support those stationed at the nearby Marine Corps Air Station E1 Toro. These recommendations were approved by President Bush and accepted by the One Hundred Second Congress in 1991. The 1993 Defense Base Closure and Realignment Commission recommended the closure of MCAS E1 Toro. Thus, it was no longer necessary to retain the family housing and related personnel support facilities at MCAS Tustin, and these facilities were also closed. The recommendation to close MCAS E1 Toro was approved by President Clinton and accepted by the One Hundred Third Congress in September 1993. The Air Stations at Tustin and E1 Toro closed on July 2, 1999. Description of the Installation Marine Corps Air Station Tustin covers an area of about 1,602 acres, and nearly all of the property is located in the City of Tustin, near the center of Orange County. About 95 acres are located in the City Of Irvine. The City of Santa Ana lies west and northwest of the Air Station. The main property, located largely within the City of Tustin, covers about 1,503 acres and contains the air operations facilities personnel support facilities, and most of the military family housing units. A second property, located south of the main property in the City of Irvine along Harvard Avenue between Barranca Parkway and Warner Avenue, covers 74 acres and also contains military family housing units. A third property, located east of the main property in Tustin at the intersection of Edinger Avenue and Harvard Avenue, covers 25 acres. The aviation facilities at MCAS Tustin consist of one runway, about 2,000 feet long, oriented in an east-west alignment, four helicopter parking aprons, four helicopter hangers, and other airfield support facilities that are located in the center of the base. Two large blimp hangars (Hangars 28 and 29), each about 175 feet tall and about 1,000 feet long, are also located in this area. These wood-frame structures were built in 1942 and are listed on the National Register of Historic Places. The two blimp hangars, five blimp mooring mats constitute an historic district eligible for listing on the National Register of Historic Places. The gate at the intersection of Redhill Avenue and Valencia Avenue provides the primary access to MCAS Tustin. There is a secondary access, currently closed except for emergencies, at the intersection of Harvard Avenue and Moffett Avenue. Personnel support, administrative, storage, and medical facilities and barracks form a campus- like setting around the main gate in the northeastern part of the base. Recreational facilities, composed of athletic fields, playgrounds, and picnic areas, separate a residential neighborhood of 274 housing units along Edinger Avenue from the personnel support and administrative areas of the base. There are cultivated fields located along Barranca Parkway in the southwestern part of the base, northwest of Jamboree Road in the southeastern part of the base, and on property south of Edinger Avenue along the northeastern boundary of the Air Station. Military family housing is found in two places at the base. One cluster of 274 housing units is located along Edinger Avenue on the northwest edge of the base. The other cluster is located on the southeast edge of the Air Station. This cluster is composed of 1,263 housing units located along the eastern side of Peters Canyon Channel and is bounded by the Channel and Harvard Avenue and by Edinger Avenue and Barranca Parkway. The boundary between the City of Tustin and the City of Irvine crosses this housing area; 771 residential units are located in Tustin and 552 units are located in Irvine. In 1992, Navy acquired 25 acres of undeveloped property east of the main property that it planned to develop as military family housing to support MCAS E1 Toro. When MCAS E1 Toro was designated for closure in 1993, there was no longer a requirement for the housing and Navy included this undeveloped property in the surplus Federal property associated with MCAS Tustin. During the Federal screening process, one Federal agency, the Department of the Army (Army), requested an interagency transfer of base closure property at MCAS Tustin. Navy plans to transfer about 17 acres in the southwestern part of the Air Station along Barranca Parkway to Army. Army will continue to use this property as an Army Reserve Center. The remaining 1,585 acres at MCAS Tustin were declared surplus to the needs of the Federal Government. The Environmental Analysis Process Navy published a Notice of Intent in the Federal Register on July 5, 1994, announcing that Navy and the City of Tustin would jointly prepare an EIS/EIR under NEPQA and CEQA that would analyze the impacts of the disposal and reuse of MCAS Tustin. On July 20, 1994, Navy and the City held a public scoping meeting in the Tustin City Council Chambers at the Tustin Civic Center; the scoping process concluded on August 5, 1994. Navy and the City distributed a Draft EIS/EIR [DEIS/EIR) on January 16, 1998, and commenced a 45-day public review and comment period. Both oral and written comments were received. On February 5, 1998, Navy and the City held a public hear!ng in the Tustin City Council Chambers. After the public comment period for the DEIS/EIR concluded, Navy and the City modified the analysis for the disposal and reuse of MCAS Tustin and prepared a Revised DEIS/EIR. On July 9, 1999, Navy and the City distributed the Revised DEIS/EIR and commenced a 45- day public review and comment period. Again, both oral and written comments were received and considered. On August 11, 1999, Navy and the City held a public hearing on the Revised DEIS/ EIR in the Tustin City Council Chambers. Navy's and the City's responses to the public comments concerning the Revised DEIS/EIR were incorporated in the Final EIS/EIR [FEIS/EIR), which was distributed to the public on December 23, 1999, for a review period that 13058 Federal Register/Vol. 66, No. 42/Friday, March 2, 2001/Notices concluded on January 24, 2000. Navy received eight letters commenting on the Final EIS/EIR. Alternatives In the FEIS/EIR, Navy analyzed the environmental impacts of three reuse alternatives for MCAS Tustin. Navy also evaluated a "No Action" alternative that considered leaving the property in caretaker status with Navy maintaining the physical condition of the property, providing a security force, and making repairs essential to safety. In early December 1993, a Task Force established by the City Council of the city of Tustin composed of representatives of the cities of Tustin, Irvine and Santa Ana, Orange County, local area businesses, homeowner associations, residents of the City of Tustin and the United States Marine Corps proposed three reuse alternatives that it designated as the Arterial Loop Pattern/Large Community Core/Medium Residential Alternative (Alternative 1); the Arterial Grid Pattern/No Core/High Residential Alternative (Alternative 2); and the Arterial Loop Pattern/Low Residential Alternative (Alternative 3). On December 11, 1993, the Task Force conducted a public workshop to consider these three redevelopment proposals and selected Alternative I as the preferred option. Navy adopted these alternatives for in its environmental impact study. On October 21, 1996, the City of Tustin approved the Marine Corps Air Station (MCAS) Tustin Specific Plan/ Reuse Plan. On September 8, 1998, the City adopted the MCAS Tustin Specific Plan/Reuse Plan Errata. City Council Resolution No. 98-80. The 1993 Errata refined the 1998 reuse plan but did not change any of the land uses proposed in that plan. That plan is consistent with the Task Force identified preferred option, Alternative 1. The Alternative Selected The selected alternative, identified in the FEIS/EIR as Alternative 1, sets out a mix of land uses for MCAS T. ustin. It dedicates about 686 acres and more than nine million square feet of space to commercial, research and development, and light industrial activities, 475 acres to residential development, 236 acres and more than two million square feet of space to institutional and recreational activities, and 187 acres to roadways and drainage facilities. The two historic blimp hangars, which together contain 660,416 square feet of space, are to be re-used if an economically feasible reuse is found for them. At full build-out, the selected alternative will be characterized by an arterial loop roadway system. This roadway will circumscribe a 225-acre community Core (containing residential, commercial, and light industrial uses) as well as an 85-acre Urban Regional Park that surrounds Hangar 28. This alternative will allow or development of about 4,600 housing units. It will also reuse the military barracks as transitional housing for the homeless. The selected alternative includes development of one high school, three local elementary schools, one community park, and three neighborhood parks. Finally, this alternative foresees the development of educational and training facilities, offices, a 500-room hotel, an 18-hole golf course (available for public use), retail stores, and restaurants. Other Alternatives Navy analyzed a second reuse alternative, identified in the FEIS/EIR as Alternative 2. This Alternative dedicates about 681 acres and more than eight million square feet of space to commercial, research and development, and light industrial activities, 595 acres to residential uses, 178 acres to roadways and drainage facilities, and 131 acres and more than one million square feet of space to institutional and recreational activities.Similar to the Selected alternative, Hangar 28 would be adaptively used if an economically feasible reuse were found, but under this alternative, Hangar 29 would be demolished. At full build-out, Alternative 2 allows for development of more housing (6,205 units) than that proposed by the selected alternative. Like the selected alternative, this alternative would allow for development of offices, schools, neighborhood parks, community parks, a hotel, an 18-hole golf course, retail stores, and restaurants, but in different . densities. However, unlike the selected alternative, it does not develop a Community Core and an Urban Regional Park and the layout of the development would be characterized by a grid pattern system of roadways. Navy analyzed a third reuse alternative, described in the FEIS/EIR as Alternative 3. This Alternative dedicates about 815 acres and more than nine million square feet of space to commercial, research and development, and light industrial activities, 446 acres to residential uses, 184 acres to roadways and drainage facilities, and 139 acres and more than one million square feet of space to institutional and recreational activities. Similarly to the selected alternative, Hangar 28 would be adaptively used if an economically feasible reuse were found, but under this alternative, hangar 29 would be demolished. At full build-out, Alternative 3 allows for development of less housing (4,340 units) than that proposed by the selected alternative. As in the selected alternative, this alternative allows for development of offices, schools, neighborhood parks, community parks, a hotel, an 18-hole golf course, retail stores, and restaurants, but in different densities. Alternative 3 is characterized by an arterial loop roadway system similar to that proposed by the selected alternative, however, unlike the selected alternative, it does not immediately develop a Community Core within the loop, but sets aside 179 acres of land for future development; this alternative does not develop an Urban Regional Park. Environmental Impacts Navy analyzed the direct, indirect, and cumulative impacts of the disposal and reuse of MCAS Tustin for each alternative. Effects on land use, socioeconomics, utilities, public services and facilities, aesthetics, cultural and paleontological resources, biological resources, agricultural resources, soils and geology, water resources, hazardous wastes, substances and materials, traffic and circulation, air quality, and noise are discussed in detail in the EIS/EIR. Significant Effects The selected alternative will have a significant and unmitigable impact on agricultural resources. There are 702 acres at the Air Station that are currently being used for agricultural activities. The United States Department of Agriculture's Natural Resource Conservation Service has determined that 862 acres at MCAS Tustin meet the definition of prime farmland, defined as land that contains the best combination of physical and chemical features for the production of agricultural crops. The Service classified an additional 20 acres, located in the City of Irvine between Marble Mountain Road and Barranca Parkway, as farmland of statewide importance, which the Service defines as land that contains a good combination of physical and chen~ical features for the production of agricultural crops. The Farmland Protection Policy Act, 7 U.S.C. 4201-4209 (1994), was enacted to minimize the extent to which Federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural purposes. In May 1999, pursuant to the Farmland Protection Policy Act, Navy and the Natural Resource Conservation Service Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Notices 13059 conducted a Farmland Conversion Impact Rating of MCAS Tustin to determine whether the 702 acres of farmland in Tustin and Irvine qualified for protection under the Act. Navy concluded that this farm]and did not qualify for such protection. The selected alternative would not use any of the farmland for agricultural purposes. There is no long-term, feasible mitigation that would offset the impact of converting the farmland on MCAS Tustin to nonagricultural uses. The selected alternative could have significant unmitigable impacts on visual resources. The two blimp hangars have been the most visibly dominant and unique marks on the landscape since their construction in 1942. The selected alternative could demolish one or both of these hangars if no economically feasible reuse were found after completion of a marketing survey. The loss of both of these hangars will constitute a significant unmitigable visual impact. There will be other significant visual impacts that will result from changing the land uses at the Air Station from a less developed landscape with agricultural fields to a more developed urban setting. Integration of the new uses with adjacent land uses could, however, result in a beneficial impact. The selected alternative could have a significant and unmitigable impact on cultural resources. In 1975, the two blimp hangars, Hangar 28 and Hangar 29, were placed on the National Register of Historic Places. In 1993, pursuant to Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. 470f (1994), and its implementing regulations, Protection of Historic Properties, 36 CFR Part 800, Navy performed a cultural resources survey to assess the potential impacts that could result from the disposal of MCAS Tustin. Navy concluded that seven other structures (Buildings 28A and 29A, and five blimp mooring mats) and their connecting roads were related to the World War II mission of the hangars and thus were eligible for listing on the National Register of Historic Places as a discontiguous historic district. In a letter dated June 28, 1996, the California State Historic Preservation Officer (SHPO) concurred with Navy's determination. Navy has completed consultations with the Advisory Council on Historic Preservation and the SHPO. These consultations identified actions that Navy must take before it conveys property at MCAS Tustin and actions that the acquiring entities must take to avoid or mitigate adverse impacts on the structures that are listed or eligible for listing on the National Register. These obligations were set forth in a Memorandum Of Agreement [MOA), dated December 13, 1999, among Navy, the Advisory Council on Historic Preservation, and the California State Historic Preservation Officer. The City of Tustin, Orange County, and the United States Department of the Interior's National Park Service signed the MOA as concurring parties. Navy has completed an Historic American Building Survey for the historic hangars and contributing structures in the discontiguous historic district; the National Park Service approved that survey on March 16, 2000. Navy will donate copies of plans and architectural drawings and other archival materials and records concerning the layout of the original blimp facility and its buildings and structures to the City of. Tustin and to a local curation facility. The MOA requires that Orange County and the City of Tustin undertake a marketing effort to determine whether there is an economically feasible reuse for Hangar 28 and its supporting Building 28A and for Hangar 29 and its supporting Building 29A. If those marketing efforts produce an economically feasible reuse for either or both hangars, then Navy will place an historic preservation covenant in the deed for the hangar and its associated building. If there is no economically feasible reuse for Hanger 28 and Building 28A, as determined by the National Park Service (because Hangar 28 and Building 28A are situated on property to be acquired from Navy through the National Park Service by way of a public benefit conveyance) or for Hangar 29 and Building 29A, as determined by the SHPO, then Navy will not place an historic preservation covenant in the deed for these hangars and buildings. In that event, Orange County and the City of Tustin will undertake specific mitigation measures that are set forth in the MOA and consist of preparing a written history of the base, an interpretive exhibit, and a documentary film concerning the hangars and the base's World War II mission. The selected alternative will have significant impacts on traffic circulation. By the year 2020, the Reuse Plan, if built out, will generate about 216,445 average daily motor vehicle trips compared with the 12,400 average daily trips that were associated with the Marine Corps' use of the property. The traffic generated can be predicted to cause substantial delays during peak commuting hours at seventeen intersections near the base. The selected alternative will have significant impacts on air quality. The traffic predicted will increase ozone precursor emissions, carbon monoxide emissions, and sulfur oxide emissions above the South Coast Air Quality Management District's (SCAQMD) thresholds. Although the carbon monoxide emissions will exceed SCAQMD thresholds, they will not result in violations of current Federal or State standards for ambient air quality. However, the particulate matter emissions and the reactive organic compound emissions resulting from demolition, construction, and renovation activities over the 20-year build-out period will exceed the SCAQMD thresholds of significance in spite of mitigation undertaken by the acquiring entities. The selected altemative will not be consistent with the Final 1994 Air Quality Management plan for this region that was approved by the United States Environmental Protection Agency. Although this Plan acknowledges the closure of MCAS Tustin, it is not evident that the 1994 Plan considered the air emissions that would be generated by activities of the intensity proposed by the Reuse Plan. Section 17§(c) of the Clean air Act, 42 U.S.C. 7506 (1994), requires Federal agencies to review their proposed activities to ensure that these activities do not hamper local efforts to control air pollution. Section 176(c) prohibits Federal agencies from conducting activities in air quality areas, such as the South Coast Air Basin, that do not meet one or more of the national standards for ambient air quality, unless the proposed activities conform to an approved implementation plan. The United States Environmental Protection Agency regulations implementing Section 176[c) recognize certain categorically exempt activities. Conveyance of title to real property and certain leases are categorically exempt activities. 40 CFR 93.153(c)(2)(xiv) and (xix). Therefore, the disposal of MCAS Tustin will not require Navy to conduct a conformity determination. The selected alternative could have significant impacts on "waters of the United States" that are subject to the regulations that implement Section 404 of the Clean Water Act, 33 U.S.C. 1344 (1994). These waters consist of about two acres of vegetated wetlands and about 29 acres of natural bottom stormwater channels. Of these 29 acres, thirteen acres are located in Peters Canyon Channel and would be affected by the Orange County Flood Control District's improvement of that Channel. These improvements would accommodate drainage resulting from 13060 Federal Register/Vol. 66, No. 42/Friday, March 2, 2001/Notices the Reuse Plan, as noted above, and from redevelopment of the Eastern Transportation Corridor, a State toll road located east of the Air Station. While impacts on some or all of these waters may be avoided during the proposed redevelopment, it may be necessary for the acquiring entities to consult with the Army Corps of Engineers and .with California environmental regulatory agencies and obtain permits for construction projects that do affect these waters. The selected alternative could have significant noise impacts on the new housing and parks that would be built on the MCAS Tustin property. The construction of new roads and the resultant traffic would generate noise impacts on any residence and park located within 75 feet of the centerline of these roads. Additionally, the operations and maintenance activities of the Southern California Regional Rail Authority and the Orange County Transportation Authority along Edinger Avenue could have significant noise impacts on the proposed residential areas at Edinger Avenue. The use of noise attenuation measures such as barriers and insulation would reduce these potentially significant impacts to a less than significant level. Less Than Significant Impacts of Disposal and Reuse The selected alternative will not have an adverse impact on socioeconomics. Orange County expects the increases in employment, population, and housing that are reflected in the County projections upon which the local jurisdictions rely for land use planning. About 90 percent of the projected new jobs are expected to be filled by current residents of Tustin, Irvine, Santa Ana, and other communities in Orange County. The selected alternative will result in an increase in population of about 12,500 people in the vicinity of the base. By the full build-out year of 2020, the selected alternative will develop about 4,600 residential units on the former Air Station. These units will readily serve the projected increase in population. The selected alternative will not have a significant impact on utilities. Utility distribution systems will be replaced or upgraded during the redevelopment. Although the projected demand for potable water would increase by about 1.5 million gallons per day over the Marine Corps' historical use, there is an adequate supply of water off the base and an adequate system to deliver that water to meet the projected daily demand. The local wastewater treatment plants in Tustin and Irvine have sufficient capacity to manage the projected average daily sewer flow of 2.5 million gallons. The amount of solid waste generated will increase as a result of demolition, construction, and redevelopment activities but will decrease over time as the demolition and construction activities are completed. The local landfill has sufficient capacity to accommodate the solid waste that the selected alternative would generate. The selected alternative will not have a significant impact on public services and facilities. The proposed redevelopment of MCAS Tustin will, however, increase the demand for police, fire, and emergency medical services. Additional personnel and equipment will be needed for each of these services to meet the demand created by the increase in new residents and jobs. This impact will not be significant and it will not be necessary to build new facilities. The selected alternative will not have a significant impact on local school districts in the City of Tustin or the City of Irvine. As a direct result of the Reuse Plan, by the year 2020, an additional 1,473 students will live in the Tustin Unified School District, and an additional 959 students will live in the Irvine Unified School District. The selected alternative proposes to build two elementary schools and one high school on MCAS Tustin property in the Tustin district and one elementary school on MCAS Tustin property in the Irvine district. The availability of these properties, combined with State statutory development fees, redevelopment taxes, special district financing and other funding sources, will provide sufficient resources to build the four schools. The selected alternative did not propose to build new residential units or new schools in that part of the Air Station that is located in the Santa Aha district. However, the Reuse Plan will create new employment opportunities that could result in an increase in the number of students residing in neighborhoods served by the Santa Aha district. The precise nature of this indirect impact on the Sana Aha district will not be known until the Reuse Plan is built out. The selected alternative will not have a significant impact on libraries, parks, recreational facilities, and bike paths and trails. There are three libraries located within three miles of the Air Station that would adequately serve the current and projected residents. The selected alternative proposes to develop three kinds of parks to accommodate the current and projected demands for recreational resources. The General Plans of Tustin and Irvine require three acres of parks for every 1,000 residents. The City of Tustin currently has a deficit of 100 acres of parks and recreational areas, and the selected alternative's increase in population will generate a requirement to provide an additional 33 acres for the 10,900 new residents. The selected alternative will develop 127 acres of parks and recreational areas in Tustin to satisfy nearly its entire General Plan requirement. In the City of Irvine, the selected alternative will develop 18 acres of parks and recreational areas, which will exceed its requirement to provide five additional acres of parks and recreational areas for the 1,600 new residents. The selected alternative provides for development of recreational bike paths and trails in Tustin and Irvine and will incorporate bicycling lanes and parking areas in satisfaction of the South Coast Air Quality Management District's air quality regulations. The selected alternative will not have a significant impact on geology and soils. The Air Station is located in an area known for seismic activity and non-seismic geologic conditions such as local soil settlement, soil expansion, and erosion. Existing structures that are renovated and new structures that are built will be required to meet current building codes governing seismic safety. State and local laws and regulations and the use of standard soil erosion and sedimentation control measures during construction will ensure that significant impacts are avoided. The selected alternative will not have a significant impact on the environment arising out of the use or generation of hazardous substances by the acquiring entities. Construction activities that include dewatering or disturbing subsurface soils would be subject to the institutional controls set forth in the process required by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601-9675q [1994). These controls will ensure that construction activities do not affect the groundwater gradient and cause migration of contaminants. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 3 CFR 859 [1995), requires that Navy determine whether any low income and minority populations will experience disproportionately high and adverse human health or environmental effects from the proposed action. Navy analyzed the impacts on low income Federal Register/Vol. 66, No. 42/Friday, March 2, 2001/Notices 13061 and minority populations pursuant to Executive Order 12898. The FEIS addressed the potential environmental, social, and economic impacts associated with the disposal of MCAS Tustin and subsequent reuse of the property under the three proposed alternatives. None of the reuse alternatives will have a disproportionate impact on minority populations or low income populations. Although the adjacent City of Santa Ana has a greater proportion of minority residents and low income residents than the City of Tustin, the City of Irvine, and Orange County, there are no significant unmitigable impacts that affect only the City of Santa Ana. Indeed, the increased employment opportunities, housing, and recreational resources generated by the selected alternative would have beneficial effects. Navy also analyzed the impacts on children as required by pursuant to Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks, 3 CFR 198 (1998). Under the selected alternative, the largest concentration of children would be present in the residential, educational, and recreational areas. The selected alternative would not pose any disproportionate environmental health or safety risks to children. Mitigation Implementation of Navy's decision to dispose of MCAS Tustin does not require Navy to implement any mitigation measures. Navy will take certain actions to implement existing agreements and to comply with regulations. These actions were treated in the FEIS as agreements or regulatory requirements rather than as mitigation. If, after completion of the marketing surveys, an economically feasible reuse is found for Hangar 28 and Building 28A and for Hangar 29 and Building 29A, Navy will place historic preservation covenants in the deeds that convey these hangars and buildings. In the event that the property is ready for conveyance before the marketing surveys are completed, Navy will place historic preservation covenants in the deeds in accordance with the MOA. The FEIS identified and discussed those actions that will be necessary to mitigate the environmental impacts associated with the reuse and redevelopment of MCAS Tustin. The Acquiring entities, under the direction of Federal, State, and local agencies with regulatory authority over protected resources, will be responsible for implementing necessary environmental mitigation measures. Comments Received on the FEIS Navy received comments on the FEIS from one State agency, three local agencies, two private organizations, and two persons. The State agency was California's Department of Transportation. The local agencies were Orange County, the City of Irvine, and the City of Santa Ana. The private organizations were the Irvine Business Consortium and The Gas Company. All of the substantive comments received concerned the same issues raised in comments submitted on the DEIS. These substantive issues were fully addressed in the FEIS and require no further discussion here. Several of the comments received addressed the efforts of Santa Ana Unified School District to obtain some of the former MCAS Tustin property to construct new educational facilities. The City of Tustin and the Santa Ana Unified School District laudably continue to look for a solution within the parameters of the approved reuse plan, the Federal Property Act, and the Defense Base Closure and Realignment Act. Continuing discussion among the federal, state and local governmental entities responsible for identifying, screening and requesting transfer of surplus federal property pursuant to a Public Benefit Conveyance for educational use, such as the U.S. Department of Education, is the appropriate process for resolving this issue. Regulations Governing the Disposal Decision Since the proposed action contemplates a disposal under the Defense Base Closure and Realignment Act of 1990 (DBCRA), Public Law 101- 510, 10 U.S.C. 2687 note (1994), Navy's decision was based upon the environmental analysis in the FEIS/EIR and application of the standards set forth in the DBCRA, the Federal Property Management Regulations (FPMR), 41 CFR Part 101-47, and the Department of Defense Rule on Revitalizing Base Closure Communities and Community Assistance (DoD Rule), 32 CFR Parts 174 and 175. Section 101:-47.303-1 of the FPMR requires that disposals of Federal property benefit the Federal Government and constitute the "highest and best use" of the property. Section 101-47.4909 of the FPMR defines the "highest and best use" as that use to which a property can be put that produces the highest monetary return from the property, promotes its maximum value, or serves a public or institutional purpose. The "highest and best use" determination must be based upon the property's economic potential, qualitative values inherent in the property, and utilization factors affecting land use such as zoning, physical characteristics, other private and public uses in the vicinity, neighboring improvements, utility services, access, roads, location, and environmental and historic considerations. After Federal property has been conveyed to non-Federal entities, the property is subject to local land use regulations, including zoning and subdivision regulations, and building codes. Unless expressly authorized by statute, the disposing Federal agency cannot restrict the future use of surplus Government property. As a result, the local community exercises substantial control over future use of the property. For this reason, local land use plans and zoning affect determination of the "highest and best use" of surplus Government property. The DBCRA directed the Administrator of the General Services Administration (GSA) to delegate to the Secretary of Defense authority to transfer and dispose of base closure property. Section 2905(]3) of the DBCRA directs the Secretary of Defense to exercise this authority in accordance with GSA's property disposal regulations, set forth in Part 101-47 of the FPMR. By letter dated December 20, 1991, the Secretary of Defense delegated the authority to transfer and dispose of base closure property closed under the DBCRA to the Secretaries of the Military Departments. Under this delegation of authority, the Secretary of the Navy must follow FPMR procedures for screening and disposing of real property when implementing base closures. Only where Congress has expressly provided additional authority for disposing of base closure property, e.g., the economic development conveyance authority established in 1993 by Section 2905(b)(4) of the DBCRA, may Navy apply disposal procedures other than those in the FPMR. In Section 2901 of the National Defense Authorization Act for Fiscal Year 1994, Public Law 103-160, Congress recognized the economic hardship occasioned by base closures, the Federal interest in facilitating economic recovery of base closure communities, and the need to identify and implement reuse and redevelopment of property at closing installations. In Section 2903(c) of Public Law 103-160, Congress directed the Military Departments to consider each base closure community's economic needs and priorities in the 13062 Federal Register/Vol. 66, No. 42/Friday, March 2, 2001~ Notices property disposal process. Under Section 2905(b)(2)(E) oft he DBCRA, Navy must consult with local communities before it disposes of base closure property and must consider local plans developed for reuse and redevelopment of the surplus Federal property. The Department of Defense's goal, as set forth in Section 174.4 of the DoD Rule, is to help base closure communities achieve rapid economic recovery through expeditious reuse and redevelopment of the assets at closing bases, taking into consideration local market conditions and locally developed reuse plans. Thus, the Department has adopted a consultative approach with each community to ensure that property disposal decisions consider the LRA's reuse plan and encourage idb creation. As a part of this cooperative approach, the base closure community's interes(s, as reflected in its zoning for the area, play a significant role in determining the range of alternatives considered in the environmental analysis for property disposal. Furthermore, Section 175.7(d)(3) of the DoD Rule provides that the LRA's plan generally will be used as the basis for the proposed disposal action. The Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484 (19941, as implemented by the FPMR, identifies several mechanisms for disposing of surplus base closure property: by public benefit conveyance (FPMR Sec. 101-47.303-2); by negotiated sale (FPIVIR Sec. 10- 47.304-9); and by competitive sale (FPMR 101-47.304-7). Additionally, in Section 2905(b)[4), the DBCRA established economic development conveyances as a means of disposing of surplus base closure property. The selection of any particular method of conveyance merely implements the Federal agency's decision to dispose of the property. Decisions concerning whether to undertake a public benefit conveyance or an economic development conveyance, or to sell property by negotiation or by competitive bid, are left to the Federal agency's discretion. Selecting a method of disposal implicates a broad range of factors and rests solely within the Secretary of the Navy's discretion, Conclusion The LRA's proposed reuse of Marine Corps Air Station Tustin, reflected in the Reuse Plan, is consistent with the requirements of the FPMR and Section 174.4 of the DoD Rule. The LRA has determined in its Reuse Plan that the property should be used for various purposes including residential, commercial, educational, research and development, and light industrial activities and to develop parks and recreational areas. The property's location, physical characteristics, and existing infrastructure as well as the current uses of adiacent property make it appropriate for the proposed uses. Although the "No Action" Alternative has less potential for causing adverse environmental impacts, this alternative would not take advantage of the location, physical characteristics, and infrastructure of MCAS Tustin or the current uses of adjacent property. Additionally, it would not foster local economic redevelopment of the base. The acquiring entities, under the direction of Federal, State, and local agencies with regulatory authority over protected resources, will be responsible for adopting practicable means to avoid or minimize environmental harm that may result from implementing the Reuse Plan. Accordingly, Navy plans to dispose of MCAS Tustin in a manner that is consistent with the land uses identified in the LRA's Reuse Plan for the property. Dated: February 9, 2001. Duncan Holaday, Senior Civilian Official, Office of the Assistant Secretary of the Navy, (Installations and Environment]. [FR Doc. 01-5127 Filed 3-1-01; 8:45 am] BILLING CODE 3810-FF-M DEPARTMENT OF DEFENSE Department of the Navy Meeting of the Board of Visitors to the U.S. Naval Academy AGENCY: Department of the Navy, DOD. ACTION: Notice of partially closed meeting. SUMMARY: The U.S. Naval Academy Board of Visitors will meet to make such inquiry as the Board shall deem necessary into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. During this meeting inquiries will relate to the internal personnel rules and practices of the Academy, may involve ongoing criminal investigations, and include discussions of personal information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The Executive Session of this meeting will be closed to the public. DATES: The meeting will be held on Monday, March 5, 2001, from 8:30 a.m. to 11:45 a.m. The closed Executive Session will be from 10:50 a.m. to 11:45 a.m. ADDRESSES: The meeting will be held in the Bo Coppedge Dining Room of Alumni Hall at the U.S. Naval Academy. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Thomas E. Osborn, Executive Secretary to the Board of Visitors, Office of the Superintendent, U.S. Naval Academy, Annapolis, MD 21402-5000, telephone number (410) 293-1503. SUPPLEMENTARY INFORMATION: This notice of partially closed meeting is provided per the Federal Advisory Committee Act (5 U.S.C. app. 2). The Executive Session of the meeting will consist of discussions of information which pertain to the conduct of various midshipmen at the Naval Academy and internal Board of Visitors matters. Discussion of such information cannot be adequately segregated from. other topics, which precludes opening the Executive Session of this meeting to the public. In accordance with 5 U.S.C. app. 2, section 10(d), the Secretary of the Navy has determined in writing that the special committee meeting shall be partially closed to the public because they will be concerned with matters as outlined in sections 552(b)(2), (5), (6), and (7) of title 5, U.S.C. Due to unavoidable delay in administrative processing, the normal 15 days notice could not be provided. Dated: February 28, 2001. James L. Roth, la'eutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 01-5273 Filed 3-1-01; 8:45 am] BILLING CODE 3810-FF-U DEPARTMENT OF ENERGY Environmental Management Site- Specific Advisory Board, Oak Ridge Reservation AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meeting be announced in the Federal Register. DATES: Wednesday,'l~iarch 14, 2001, 6 p.m.-9:30 p.m. EXHIBIT E ( LIFOC PROVIDED TO CITY COUNCIL UNDER SEPARATE COVER AND WILL BE INSERTED 1N AGREEMENT PRIOR TO SIGNATURE) EXHIBIT F ( DRAFT INITIAL BILL OF SALE INSERTED TO BE REPLACED WITH FINAL AS WELL AS SUBSEQUENT BILL OF SALE PRIOR TO SIGNATURE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 INITIAL BILL OF SALE FOR MISCELLANEOUS PERSONAL PROPERTY AND UTILITY DISTRIBUTION SYSTEMS LOCATED AT THE FORMER MARINE CORPS AIR STATION, TUSTIN This Bill of Sale is made by and between the United States of America, acting by and through the Department of the Navy, hereinafter referred to as the "Government," for the benefit of the City of Tustin, the local redevelopment authority for Marine Corps Air Station Tustin, hereinafter referred to as the "City." RECITALS A. The Government is the owner of that certain real property, together with improvements and miscellaneous personal property thereon, generally described as Marine Corps Air Station Tustin ("MCAS Tustin"). MCAS Tustin was closed pursuant to the Defense Base Closure and Realignment Act of 1990, as amended (the "DBCRA"), and the property was determined to be surplus to the needs of the United States. B. Pursuant to the authority of section 2905(b)4 of the DBCRA and the implementing regulations of the Department of Defense (32 C.F.R. parts 174-176), the Secretary of the Navy is authorized to convey surplus property at a closing installation to the local redevelopment authority at no cost for economic development purposes. By application dated March 5, 1999, as subsequently amended, the City applied for a "No-Cost" Economic Development Conveyance ("EDC") for portions of MCAS Tustin (the "EDC Application"), to be used and developed in accordance with the Reuse Plan for MCAS Tustin that was reviewed and approved by the United States Department of Housing and Urban Development. C. Following an extensive review of the EDC Application, the Government has approved the EDC Application in part. Those portions of MCAS Tustin to be conveyed to the City are described in Exhibit "A" of the Agreement Between the United States of America and the City of Tustin, California For the Conveyance of a Portion of the Former Marine Corps Air Station Tustin (the "Agreement"). Pursuant to the Agreement, all tangible personal property located on the real property conveyed thereunder ("Miscellaneous Personal Property") and all utility distribution systems located on MCAS Tustin ("Systems") are to be transferred to the City. MUTUAL UNDERSTANDINGS NOW, THEREFORE, in consideration of the foregoing recitals and other consideration set forth herein, it is mutually agreed as follows: 1. Transfer. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Government hereby grants, releases, quitclaims and transfers title and 03-72901.01 INITIAL BILL OF SALE FOR MCAS TUSTIN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ownership of the Miscellaneous Personal Property and Systems as described in Exhibits "A" and "B," respectively, which are attached hereto and made a part hereof. 2. No Warranty. All Miscellaneous Personal Property and Systems described in this bill of sale are conveyed without warranty of any kind. The property is delivered to the City "as is," "where is," and the Government makes no warranty as to its usability generally or as to its fitness for any particular purpose. This bill of sale shall be effective on the last date written below. 3. Covenant Against Contingent Fees. The City warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the City for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or in its discretion, to require the City to pay, in addition to the rental or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 4. Indemnification. City shall at all times relieve, indemnify, protect, defend and hold harmless the United States of America, and all of its officers, agents and employees from any and all claims and demands, actions, proceedings, losses, liens, costs and judgments of any kind and nature whatsoever, including expenses incurred in defending against legal actions, for death or injury to persons or damage to property and for civil fines and penalties arising or growing out of, or in any manner connected with, the use, storage, maintenance, sale or lease of the Miscellaneous Personal Property and Systems except to the extent such death or injury to persons or damage to property is caused or created by activities of the Government its employees, agents, servants, guests, invitees and contractors related to the use, operation, maintenance, replacement, or repair of the Miscellaneous Personal Property or Systems. 5. Taxes. Transferee shall pay to the proper authority, when and as the same become due and payable, all taxes, assessments and similar charges which may be imposed in connection with this transfer. IN WITNESS WHEREOF, the parties hereto have, on the respective dates set forth below, duly executed this contract. [Signatures appear on the following page] 03-72901.01 INITIAL BILL OF SALE FOR MCAS TUSTIN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 THE UNITED STATES OF AMERICA Acting by and through the Department of the Navy By: Date: WILLIAM R. CARSILLO Real Estate Contracting Officer Base Realignment and Closure Office CITY OF TUSTIN By WILLIAM A. HUSTON City Manager Date: 03-72901.01 MCAS TUSTIN VEHICLE & EQUIPMENT LIST DESCRIPTION ID NUMBER SERIAL NUMBER Shop Support Equipment Miscellaneous Pipe Threader 341901 X000350 38219 Pipe Threader EC-04478 Pipe Threader 392923 Pipe Threader ACN00334 Grinding Machine 341501X000241 0000F481 Grinding Machine 256 Hmr Rotary Pneumatic R-708012 Water Blaster Portable 494001X001430 68950 Water Blaster Portable 3573 Water Blaster Portable 7595-0389 DISPOSITION Keep Keep Keep Keep Keep Keep Keep/Auction Keep/Auction Keep/Auction Keep/Auction Keep/Auction Keep/Auction Keep Not Available Keep Keep Keep/Auction Keep CODES 508 508 508 508 508 508 555 806 806 806 806 806 905 1706 1706 1706 1106 3300 DESCRIPTION Truck Pickup Compact 4x2 (Fire) Truck, Pickup Compact 4x2 Truck Pickup Compact 4x2 Truck Pickup Compact. 4x2 Truck Pickup Compact 4x2 Truck Pickup Compact 4x2 SWA Jeep Cherokee Multi-Stop 1 Ton Truck Multi-Stop 1 Ton Truck Multi-Stop 1 Ton Truck Multi-Stop 1,Ton Truck Multi-Stop 1 Ton Truck Stake 1 ¼ Ton Truck 4K Forklift Fuel 4K forklift Fuel 4K forklift Fuel Truck, Stake Floodlight VEH. ID 288892 288899 288903 288904 288917 288918 287301 266234 268889 268894 279398 283710 296929 282594 283815 283824 279804 279599 MLG/HRS 37086 44030 111 46819 42203 37861 39698 334 50857 78998 73536 81680 39820 1716H 2254H 1502H 62926 691H LOCATION Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin Tustin VIN NUMBER YEAR 1FTCR10U6NUD61096 1992 1FTCR10UXNUD61130 1992 1FTCR10U7NUD61107 1992 1FTCR10U9ND61108 ' 1992 1FTCR10U1NUD61121 1992 1FTCR10U3NUD61122 1992 J4F28V3ML529878 1991 CPL2573310638 1997 CLP2593313692 1979 CLP259331792 1979 1CCHP32M9F3324538 1985 1GCHP32K5J3340551 1988 IHTSENLN9NH411245 1991 A187V08714J 1988 A187G12745K 1989 A187G12754K 1989 IGTG6D 1 F3GV521668 1986 N/A N/A Existing Utility Systems All current government owned electrical, gas and telephone systems, including distribution lines, pad mounted and overhead distribution transformer, and all conduits and duct banks from outlet or master meters or co~mection points currently owned by the Government to end usage points; all government owned water, sewer, and storm drain systems ( does not include culvert ditches), including distribution lines and pipelines from outlet or master meters or connection points currently owned by Government to end usage points. EXHIBIT G ( DRAFT EASEMENTS TO BE INSERTED PRIOR TO SIGNATURE) EXHIBIT H Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Wamin§ Statement Every purchaser o/any interest in residen~al real property on which a residential dwelling was built prior to 1978 is no#ired that such property may present exposure to lead/rom lead-based paint that may place young children at risk o.f developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including ~earning disal~i#'~es, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a pa~cular risk to pregnant women. The seller oJ' any interest in residential real property is required to provlde the buyer with any ir~ormation on lead-based paint hazards,from risk assessments or inspections in the seller's possession and notify the buyer o/any known lead-based paint hazards. A risk assessment or Inspection ,for possible lead-based paint hazards is recommended prior to purchase. Seller's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (I) or (ii) below): (i) ~ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (b) (Ii) ___ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Records and reports available to the seller (check (i) or (11) below): (i) ~ Seller has provlded the purchaser with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing (list documents below). (ii) _. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housin§. Purchaser's Acknowledgment (Initial) (c) Purchaser has received copies of all Information listed above. (d) Purchaser has received the pamphlet Protect Your Family~om Lead in Your Home. ._ (e) Purchaser has (check (i) or (ii) below): (i) ~ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) ~ waived the opportunity to conduct a risk assessment or Inspection for the presence of lead-based paint and/or lead-based paint hazards. Agent's Acknowledgment (Initial) (f) Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the Information they have provided is true and accurate. Seller Date Seller Date Purchaser Date Purchaser Date Agent Date Agent Date EXHIBIT I CITY OF TUSTIN OFFICIAL BUSINESS REQUEST DOCUMENT TO BE RECORDED AND TO BE EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103 Recording requested by and when recorded mail to: City Manager The City of Tustin 300 Centennial Way Tustin, CA 92780 City of Tustin DRAFT 5/2/02 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Space Above This Line Reserved for Recorder's Use SHORT FORM NOTICE OF AGREEMENT THIS SHORT FORM NOTICE is entered into this~ day of 2002 ("Effective Date"), between the UNITED STATES OF AMERICA, acting by and through the Department of the Navy (the "Government"), and the CITY OF TUSTIN, CALIFORNIA (the "City"), recognized as the local redevelopment authority by the Office of Economic Adjustment on behalf of the Secretary of Defense with regard to the disposition and conveyance of portions of the former Marine Corps Air Station Tustin, California. The Government and the City are each sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS: WHEREAS: 1. The Government is the owner of certain real property, improvements and other rights appurtenant thereto together with all personal property thereon, located on the former Marine Corps Air Station Tustin, California ("MCAS Tustin"), that was utilized as a military installation; 2. The military installation at MCAS Tustin was closed pursuant to and in accordance with the Defense Base Closure and Realignment Act of 1990, as amended (Public Law 101-510); 3. In accordance with section 2905(b)4 of the Defense Base Closure and Realignment Act of 1990, as amended, the implementing regulations of the Department of 03-72940.02 MCAS TUSTIN SHORT FORM NOTICE OF AGREEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Defense (32 CFR Part 175), and the terms set forth in that certain Agreement between the United States of America and the City of Tustin, California, for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin dated May __, 2002 ("Agreement"), the Government agreed to convey and the City agreed to acquire certain portions of MCAS Tustin consisting of approximately_ acres of land, improvements and other rights appurtenant thereto, together with all personal property thereon and all utility distribution systems on the entire MCAS Tustin ("Property"), all as more particularly described in Exhibit A attached hereto and made a part hereof; 4. The Parties agree to this Short Form Notice which is to be recorded in order that third parties may have notice of the existence of the Agreement and the rights of the City under the Agreement. AGREEMENTS: NOW, THEREFORE, in consideration of the foregoing premises and the respective representations, warranties, agreements, covenants and conditions herein contained, the execution and delivery of the Agreement by the Parties, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby state and agree as follows: 1. The Parties have executed and delivered the Agreement. Copies of the Agreement are being held by both Parties at their respective addresses. 2. The Government will convey the Property to the City and the City will acquire the Property from the Government on the terms and conditions set forth in the Agreement. 3. All of the terms, conditions, provisions and covenants of the Agreement are incorporated in this Short Form Notice by reference as though written out at length herein and the Agreement and this Short Form Notice shall be deemed to constitute a single instrument or document. The rights and obligations of the Parties shall be construed solely by reference to the provisions of the Agreement and in the event of any conflict between the provisions of the Agreement and those of this Short Form Notice, the provisions of the Agreement shall control. 4. This Short Form Notice shall inure to the sole benefit of and be binding upon the Parties and their respective heirs, personal representatives, successors and assigns. [SIGNATURE PAGE FOLLOW] 03-72940.02 2 MCAS TUSTIN SHORT FORM NOTICE OF AGREEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 IN WITNESS WHEREOF, the Parties, intending to be legally bound hereby, have caused their duly appointed representatives to execute this Agreement as of the Effective Date set forth above. THE UNITED STATES OF AMERICA, Acting by and through the Department of the Navy By: Dated: WILLIAM R. CARSILLO Real Estate Contracting Officer Base Realignment & Closure Office CITY OF TUSTIN Attest: By: WILLIAM A. HUSTON City Manager By: Pamela Stoker City Clerk Approved as to form: By: Lois Jeffrey, Esq. City Attorney 03-72940.02 3 EXHIBIT J EXHIBIT K KUTAK ROCK LLP FINAL EXECUTION VERSION EXHIBIT J-1 Govern ment Representations William A. Huston, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Mr. Huston: I have reviewed the Agreement Between the United States of America ("Government") and the City of Tustin, California for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin ("Agreement"). To the best of the Government's information, knowledge and belief, I certify that all representations of the Government set forth in the Agreement are true and correct as of the day of__, 2002, the date of the Property Closing. Sincerely, WILLIAM R. CARSILLO Real Estate Contracting Officer Base Realignment & Closure Office Southwest Division Naval Facilities Engineering Command 03-72975.01 KUTAK ROCK LLP FINAL EXECUTION VERSION EXHIBIT J-2 City Representations WILLIAM R. CARSILLO Real Estate Contracting Officer Base Realignment & Closure Office Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway San Diego, California 92132-5189 Dear Mr. Carsillo: I have reviewed the Agreement Between the United States of America and the City of Tustin, California ("City") for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin ("Agreement"). To the best of the City's information, knowledge and belief, I certify that all representations of the City set forth in the Agreement are true and correct as of the ~ day of __, 2002, the date of the Property Closing. Sincerely, William A. Huston, City Manager City of Tustin 03-72975.01 Memorandum of Agreement Among the Department of the Navy, the California State Historic Preservation Officer, and the Advisory Council on Historic Preservation for the Disposal and Reuse of Marine Corps Air Station, Tustin, Orange County, California WHEREAS, the Department of the Navy (DON), has determined that the disposal and reuse of Marine Corps Air Station Tustin (MCAS Tustin), pursuant to the Defense Base Closure and Realignment Act of 1990, will have an adverse effect upon Hangars 28 and 29 which were included on the National Register of Historic Places in 1975, and other elements that, when combined with Hangars 28 and 29, were determined eligible for inclusion in the National Register of Historic Places as part of a discontiguous historic district in 1996. The eligible elements include buildings 28A and 29A, mooring mats 1, 2, 3, 4, and 5, and the roads that connect these elements with Hangars 28 and 29. The district is depicted on Appendix A; and WHEREAS, no archeological sites or deposits remain at MCAS Tustin, as documented in several surveys; and WHEREAS, DoN received no expressions of interest from any of the approximately 100 Native American Tribes that were provided an opportunity to request excess federal property at MCAS Tustin in 1992 and 1993; and WHEREAS, DoN consulted with the California State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (Council) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (Act); and WHEREAS, the City of Tustin, California (City), recognized by the Department of Defense as the local redevelopment authority (LRA) for MCAS Tustin, has developed a reuse plan for MCAS Tustin which may preserve Hangars 28 and 29 and buildings 28A and 29A, has participated in the consultation, has been invited to be a signatory to this Memorandum of Agreement (MOA), and has agreed to assume certain responsibilities and obligations under this Memorandum of Agreement; and WHEREAS, the reuse plan for MCAS Tustin necessitates the demolition of the remainder of the historic district, which include mooring mats 1, 2, 3, 4, and 5, and the roads that connect these elements with Hangars 28 and 29; and WHEREAS, the County of Orange (County) proposes to reuse Hangar 28 and building 28A for recreation and ancillary entertainment, retail, and special event uses as part of a regional park for which a public benefit conveyance through the Department of Interior, National Park Service (NPS) is proposed, and has participated in the consultation, has been invited to be a signatory to this MOA, and has agreed to assume certain responsibilities and obligations under this Memorandum of Agreement; and WHEREAS, the Department of Interior, National Park Service (NPS), acting as the federal agency sponsoring the proposed public benefit conveyance of Hangar 28 and building 28A to -1- the County of Orange pursuant to 40 U.S.C. 484(k) has been invited to be a signatory to this MOA; and WHEREAS, the California Preservation Foundation (CPF), Tustin Area Historical Society, Irvine Historical Society, Orange County Historical Society, and Heritage Orange County, inc. were invited to participate in this consultation and have been kept informed of all consultation efforts for this MOA; NOW, THEREFORE, DoN, the SHPO, and the Council agree that the lease, disposal and reuse of MCAS Tustin shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. STIPULATIONS In the event that disposal of MCAS Tustin is selected by the appropriate decisionmaker and memorialized in the appropriate National Environmental Policy Act (NEPA) document, DoN will ensure that the following measures are carried out: I. HANGARS 28 AND 29 AND HISTORIC DISTRICT A. Historic American Building Survey (HABS) The National Park Service (NPS) has advised DoN pursuant to Section 110(b) of the Act regarding the level of HABS recordation appropriate for Hangars 28 and 29 and the discontiguous historic district. DoN shall complete the recordation prior to conveyance of any property within the discontiguous historic district and shall ensure that copies of the recordation are made available to the SHPO, the City, and to any local or other archive facilities designated by the SHPO. B. Curation of Architectural Drawings, Photographs, and Archival Materials Within 90 days from execution of this MOA, DoN shall donate original or reproducible copies of plans and architectural drawings and other archival materials and records, as available, concerning the layout and the buildings and structures that made up the original Navy lighter-than-air blimp facility to a local curation facility that meets the requirements of 36 CFR part 79. The City or its designee will also be provided with copies of these materials. C. Other Measures With the exception of Hangars 28 and 29 and buildings 28A and 29A, which are addressed in Stipulation II, upon completion of the tasks described in I.A and I.B above, no other measures will be required to mitigate adverse effects to the eligible discontiguous historic district. -2- II. BUILDINGS 28 AND 28A (HANGAR 28 COMPLEX) AND BUILDINGS 29 AND 29A (HANGAR 29 COMPLEX) NPS involvement under this MOA shall be with respect to the Hangar 28 Complex only. If the Hangar 28 Complex is not conveyed to the County of Orange by NPS, NPS shall have no further responsibilities or obligation under this MOA. As described in the LRA reuse plan for MCAS Tustin, preservation of the Hangar 28 Complex is dependent upon its marketability for economically viable adaptive uses. The County, the most likely initial transferee of the Hangar 28 Complex, does not propose to expend general fund revenues for the preservation of the Hangar 28 Complex. The County seeks to have the 85 acres surrounding, and including, the Hangar 28 Complex, be used in a manner consistent with the land uses specified in the MCAS Tustin Specific Plan/Reuse Plan and Errata, dtd October 1996, and dtd September 1998. For either a Federal Lands to Parks or Historic Monument program use, the County will seek to have part or the entire Hanger 28 Complex adaptively used by the private sector through a concession agreement. As described in the LRA reuse plan for MCAS Tustin, preservation of the Hangar 29 Complex is dependent upon an economically viable adaptive use being identified. The City does not propose to expend local tax dollars for the preservation of the Hangar 29 Complex. The City seeks to have the parcel that includes the Hangar 29 Complex and the surrounding parcels, all defined as the Community Core (Neighborhood D), developed by private developers in accordance with the land uses specified in the MCAS Tustin Specific Plan/Reuse Plan and Errata, dtd October 1996, and dtd September 1998. A substantive effort must be made to determine whether there is an economically viable adaptive use of the Hangar 28 Complex and the Hangar 29 Complex. DoN, SHPO, and the Council agree that this shall be accomplished through a comprehensive marketing effort for each complex that is carried out in accordance with the guidelines contained in Appendix C. A. Marketing Efforts for Adaptive Use 1. The City/County may initiate the comprehensive marketing effort for the complexes at any time after the NEPA Record of Decision. . During the marketing period, the City/County and its designated representatives shall keep DoN, NPS, and SHPO apprised of the status of the marketing efforts and shall provide any written information requested by those agencies. o Notwithstanding the provisions of Stipulation XIV, DoN, NPS, and SHPO shall be afforded 45 days from receipt of the report required pursuant to Appendix C to determine if the marketing effort has been in compliance with the terms of this MOA or other measures agreed upon by the City/County, DoN, NPS, and SHPO. , If DoN, NPS and SHPO determine that the marketing effort has not complied with the terms of this MOA or other measures agreed upon by the City/County, DoN, NPS, and SHPO, DoN shall consolidate all comments and obtain agreement on a consolidated written determination. DoN shall forward this determination, including a description of the actions required to complete the marketing effort, to the City/County. If the parties cannot resolve any issue regarding the marketing effort, any party may invoke the provisions of Stipulation XI. -3- B. Historic Preservation Measures , If the marketing effort identifies an economically viable adaptive use of either of the complexes, that complex will be encumbered by a historic preservation covenant consistent with Appendix B or by other preservation restrictions acceptable to NPS and/or SHPO. In the case of the Hangar 28 Complex, these measures shall balance the needs of the adaptive use and the needs for effective operation of the Federal Lands to Parks or Historic Monument programs. , If NPS and/or SHPO determine that, despite a marketing effort which complies with the terms of this MOA or as agreed to by the City/County, NPS, and/or SHPO, an economically viable adaptive use of the Hangar 28 Complex and/or the Hangar 29 Complex was not identified, NPS and/or SHPO shall promptly advise DoN and notify the City/County that the mitigation measures in Stipulation III are required. III. MITIGATION MEASURES The County shall be responsible for completing the following mitigation measures in the event the Hangar 28 Complex is conveyed without a historic preservation covenant or restriction. The City shall be responsible for completing the following mitigation measures in the event the Hangar 29 Complex is conveyed without a historic preservation covenant or restriction. Notwithstanding these obligations, the County and City may agree to collaborate to complete a single history, exhibit and video. These measures shall be completed before any modifications to the affected hangar complex(es) may commence or the complex(es) is transferred without a covenant. If modifications conform to the items listed in Appendix D, no mitigation is required. A. Written History- The City/County will prepare an illustrated history report on the MCAS Tustin, with emphasis on the initial construction of the air station and its World War II Navy lighter-than-air operations. The City/County shall provide a scope of work for this report and draft reports to the DoN, SHPO, the Council, and the consulting parties for review and comment as provided in Stipulation XIV. A professional quality reproducible copy of the report will be distributed to the SHPO, DoN, County, and City. B. Exhibit- The City/County will prepare a professional quality illustrated interpretive exhibit with emphasis on the initial construction of the air station and its Word War II Navy lighter-than-air operations. The exhibit will be displayed in a location that will allow viewing by the public. The City/County shall develop the plans for the exhibit and provide them to the DoN, SHPO, the Council, and consulting parties for review and comment as provided in Stipulation XIV. -4- C. Interpretive Video- . The City/County shall prepare a professional quality documentary video that shall not exceed 30 minutes in length and combine still photographs, any available historic film footage, current film or video footage, oral interviews, narration, and appropriate music documenting each hangar. The City/County shall provide a concept plan for this documentary video to the DoN, SHPO, the Council, and the consulting parties for review and comment as provided in Stipulation XIV. . The City/County shall undertak~ a one-time distribution and outreach program for the documentary video. This effort will include producing, packaging, and distributing tapes for broadcast and to local public libraries, schools, and interested organizations. IV. CARETAKER MAINTENANCE Until the Hanger 28 and/or Hanger 29 Complexes are conveyed or leased, DoN shall protect and maintain these properties at minimum levels recommended in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Standards). Such activities will not require further consultation. LEASING AND LICENSING ACTIVITIES A. In order to reduce caretaker costs and/or to further the redevelopment of the installation, DoN may enter into leases and licensing agreements for properties at MCAS Tustin. All real estate leases and licensing agreements shall include provisions that the lessee or licensee shall not undertake any activity, including, but not limited to, construction, demolition, alteration or repairs (collectively "work") to the hanger complexes, except in accordance with paragraph V.B. B. DoN shall require all lessees to submit to DoN for review and approval any proposal for work on the Hangar Complexes. Work may proceed upon written approval from DoN that the work scope conforms to the Standards. No further consultation with the SHPO or ACHP shall be required unless DoN determines that the work scope cannot be modified to conform to the Standards. If DoN determines that the work scope cannot be modified to conform to the Standards or completed work does not conform to the Standards; DoN shall immediately comply with 36 CFR §§ 800.5(d)(2) and 800.6. Any requested documentation shall be completed to the satisfaction of DoN, SHPO, and/or the Council at the expense of the lessee. It is agreed that the following will not require further consultation with the SHP© and/or ACHP, if approved by DoN: painting interior and exterior surfaces that have been previously painted in non-traditional colors for temporary uses, if there is a bonded agreement that the property will be restored to its original color scheme when the temporary use is complete. VI. PERSONNEL QUALIFICATIONS DoN, in cooperation with the signatories, as applicable, shall ensure that all historic preservation work pursuant to this MOA and involving the planning for and physical -5- rehabilitation of historic structures is carried out by or under the direct supervision of a person or persons meeting, at a minimum, the Secretary of the Interior's Professional Qualification Standards (48 FR 44738). VII. REPORTING DoN, in cooperation with the City and County, shall provide bi-annual status reports to all signatories and consulting parties in compliance with the MOA. DoN will notify all parties when all the terms of the MOA have been satisfied. VIII. DISCOVERIES The City and County shall notify the DoN as soon as practicable if it appears that redevelopment of MCAS Tustin will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The City and County shall stop construction in the vicinity of the discovery and will take all reasonable measures to avoid or minimize harm to the property until the DoN concludes consultation with the SHPO. If the newly discovered property has not previously been included in or determined eligible for inclusion in the National Register, the DoN may assume that the property is eligible for purposes of this MOA. The DoN will notify the SHPO at the earliest possible time and consult to develop actions that will take into account the effects of the undertaking. The DoN will notify the SHPO of any time constraints, and DoN, the City or County, and the SHPO will mutually agree upon time frames for this consultation. The DoN will provide the SHPO with written recommendation that take the effects of the undertaking into account. If the SHPO does not object to DoN's recommendations within the agreed upon time flame, DoN will modify the scope of work as necessary to implement its recommendations. IX. DoN. DURATION OF MOA This MOA shall remain in effect until all stipulations have been fulfilled as determined by X. DEFINITION OF SIGNATORIES DoN, SHPO, and the Council are the signatories to this MOA. These agencies have sole authority to execute, amend or terminate this agreement. The City of Tustin, the County of Orange, and the National Park' Service are "invited signatories. These agencies have assumed responsibilities in this MOA. Xl. RESOLUTION OF OBJECTIONS Should any signatory or invited signatory object within 30 days to any action(s) provided for review pursuant to this MOA, DoN shall consult with the objecting party to resolve the objection. If DoN determines that the objection cannot be resolved, DoN shall notify the remaining parties as to the nature of the dispute and request Council participation. Within thirty -6- (30) calendar days after receipt of all pertinent documentation, the Council will either: (a) provide the DoN with recommendations, which the DoN shall take into account in reaching a final determination regarding the dispute; or (b) notify the DoN that it will comment pursuant to 36 CFR 800.7 with reference to the subject of the dispute. Any Council comment in response to such a request will be taken into account by DoN in accordance with 36 CFR §800.7(c)(4) with reference to the subject of the dispute. Any recommendation or comment provided by the Council will be understood to pertain only to the subject of the dispute; the DoN's, the City's or the County's responsibility to carry out all actions under this MOA that are not the subject of the dispute will remain unchanged. Xll. PUBLIC OBJECTIONS At any time during the implementation of the measures stipulated in this MOA should an objection be raised by a member of the public regarding the lack of compliance or violation by any party of the terms of this MOA, DoN shall take the objection into account, notify SHPO and the Council of the objection, and consult as needed with the objecting party. Xlll. AMENDMENTS TO THE MOA Any signatory, including invited signatories, to this MOA may request that it be amended, whereupon the signatories and the consulting parties will consult in accordance with 36 CFR §800.6(c)(7) to consider such amendment. Such a request shall be supported by adequate documentation. XlV. REVIEW AND COMMENT PROCEDURES Whenever a Stipulation in the MOA provides for review and comment by SHPO, the Council, or consulting parties, the SHPO and consulting parties will be allowed 30 days after receipt of all pertinent documentation, and the Council will be allowed 40 days after receipt of all pertinent documentation to provide comments to the requesting party. The requesting party shall immediately forward copies of all comments received to facilitate review. The failure of any signatory or consulting party to comment within the timeframes shall not prevent the requesting party from finalizing the document provided for review. Any objections to the submitted documents or actions provided for review shall be resolved pursuant to Stipulation XIV. XV. FAILURE TO CARRY OUT THE TERMS OF THIS MOA. In the event that the terms of this MOA are not carried out, DoN shall notify the signatories and the consulting parties and request further comments of the Council pursuant to 36 CFR part 800. If DoN cannot carry out the terms of the MOA, neither DoN, NPS, the County, nor the City will take or sanction any action or make an irreversible commitment that would result in an adverse effect to the historic properties covered by this MOA, or that would foreclose the Council's consideration of modification or alternatives that could avoid or mitigate the adverse effect on historic properties until the commenting process has been completed. -7- EXECUTION OF THIS MEMORANDUM OF AGREEMENT by DoN, the SHPO, and the Council and implementation of its terms, is evidence that DoN has afforded the Council an opportunity to comment on the disposal and reuse of MCAS Tustin and its effects on historic properties and that DoN has taken into account the effects of the undertaking on historic properties. DEPARTM/F. NT OF THE NAVY / BY ~~ Date: W.O. I~'o/¢vd on · MajorLG'eneral, U. S. Marine Corps Commander, Marine Corps Air Bases Western Area CALIFORNIA STATE J-IlSTORIC PRESERVATION OFFICER By: _ Date:..,/¢]-" ~;"' Daniel Abeyta, Acting ~ State Historic Preservation Officer ADVISORY C/~../~IL ON H,~ .RI~RESERVATION BY ,oh!_~ '~¢ ,~ Date: /'/''/CZ Executive Director INVITED SIGNATORIES CITY OF TUSTIN Approved as to Form: Lois Jeffrey~ ~/~/ U City Attorney "City" City of Tustin Christine Shingletoh ~// Assistant City Managa~../ COUNTY OF ORANGE DEPAB-T-MENT OF INTERIOR, NATIONAL PARK SERVICE By: ~~. Date: ./~./~/'~'~ Ray Murray ~'~ (I Planning and~rtnership Team l~ader Pacific Great Basin Suppod O~ce National Park Se~ice APPROVED AS TO, FORM -8- Concur: California Preservation Foundation By: Date: Tustin Area Historical Society By: Date: Orange County Historical Society By: Date: Irvine Historical Society By: Date: Heritage Orange County, Inc. By: Date: -9- 3.6 Historic and Archaeological Resources SCCRA/OCTA RAILWAY __ EDINGER AV / I"~!' VALE.C,..__.~A A_.y.V ~!~ WARNER AV i DYER RD £/ BARRANCA PKWY gum A B C D E F G H I J K L __ REUSE PLAN BOUNDARY DISCONTIGUOUS HISTORIC DISTRICT HANGAR #1 (BUILDING #28) HELIUM TANK BUILDING (BUILDING #28A) HANGAR #2 (BUILDING #29) HELIUM TANK BUILDING (BUILDING #29A) CONNECTION ROAD FOR MOORING MATS #4-~6 CONNECTION ROAD FOR MOORING MATS #1-#3 MOORING MAT #1 MOORING MAT #2 MOORING MAT #3 MOORING MAT #4 MOORING MAT #5 MOORING MAT ~ (PREVIOUSLY DEMOLISHED) 2000 Feet Figure 3.6-1 Discontiguous Historic District MCAS Tustin EIS/EIR 9902 T~sm~rig~rrs~dr~ $.6-1 Discomigumt~ ~ Page 3-73 APPENDIX B Architectural Preservation Covenant Grantee hereby covenants on behalf of itself, its successors and assigns, to the United States of America, acting by and through the Department of the , to preserve and maintain Hanger__ and Building. A, (hereinafter referred to as "the Buildings") located in the City of Tustin, County of Orange, State of California, more particularly described in the legal description attached hereto as Exhibit , in a manner that preserves and maintains the attributes that contribute to the eligibility of the Property for the National Register of Historic Places. Such attributes include exterior features (such as facades and fenestration, scale, color, materials and mass) and interior features (including the heavy timber trusses and connecting systems). (1) The Buildings will be preserved and maintained in accordance with The Secretary of Interior's Standards for the Treatment of Historic Properties and Guidelines (National Park Service). No construction, alteration, rehabilitation, remodeling, demolition, disturbance of the ground surface or other action shall be undertaken or permitted to be undertaken on said property that would materially affect the integrity or appearance of the attributes described above without the prior written permission of the , and signed by a fully authorized representative thereof. (2) Upon acquisition of the property, the Grantee will take prompt action secure the property from the elements, vandalism and arson, and will undertake any stabilization that may be required to prevent deterioration. Grantee will make every effort to retain or use, to the extent practicable, the Buildings. (3) In the event that archeological materials are encountered during construction or ground- disturbance activities, work shall cease in the immediate area until the ~ is consulted and provides written permission to recommence work. Should the require, as a condition of the granting of such permission, that the Grantee conduct archeological survey data recovery operations or other activities designed to mitigate the potential adverse effect of the proposed activity on the archeological resources the Grantee shall at his/her/its expense conduct such activities in accordance with the Secretary of the Interior's Standards and Guidelines for Archeoloqical Documentation (48 FR 447344- 37) and such standards and guidelines as the __may specify, including, but not limited to, standards and guidelines for research design, field work, analysis, preparation and dissemination of reports, disposition of artifacts and other materials, consultation with Native American or other organizations, and reinterment of human remains. (4) The Grantee will allow the , the City of Tustin, or their designees, at all reasonable times and upon reasonable advance notice to Grantee, to inspect the property in order to ascertain whether Grantee is complying with the conditions of this preservation covenant. (5) The Grantee will provide the ~ with a written summary of actions taken to implement the provisions of this preservation covenant within one (1) year after the effective date of the transfer of the property. (6) Failure of the ~ to exercise any right or remedy granted under this covenant shall not have the effect of waiving or limiting the exercise by the ~ or any other right or remedy or the invocation of such right or remedy at any other time. This covenant shall be a binding on Grantee, its successors and assigns, and shall be deemed to run with the land. The restrictions, stipulations and covenants contained herein shall be inserted by Grantee, his/her/its successors and assigns, verbatim or by express reference in any deed or other legal instrument by which it divests itself of either the fee simple title or any lesser estate in the Buildings, or any part thereof. Appendix B - 1 - APPENDIX C Marketinc~ Plan Guidelines Preface Generally, the purpose of the marketing plan is to provide a structured approach to the development of sufficient market information from which it can be determined whether an economically viable adaptive use for each complex exists. The term 'economically viable adaptive use' means a proposed use that maintains the historic and architectural integrity of the structure and that generates sufficient income so as not to require the infusion of local tax dollars or local public funds and provides for required "fair share" infrastructure contributions and development costs, including land acquisition at fair market value of the Hangar 29 Complex. The marketing plan will clearly present the property and encourage an economically viable adaptive use in a manner that preserves its historic and architectural integrity. Each proposal received will be graded and ranked according to a predetermined set of criteria to ensure selection of the proposal that offers the best preservation measures for the property. The marketing plan will be based on a two-step process. The first step (Phase 1) will involve the issuance of a Request for Expressions of Interest (REI) in a format consistent with the provisions of the plan. Those persons submitting an Expression of Interest containing the information required by the REI may be invited to participate in the second step of the process (Phase 2) and to submit a proposal in accordance with the Request for Proposals (RFP). The marketing plan will identify the criteria and rating factors that will be used by the City (Hangar 29 Complex) or County (Hangar 28 Complex) to evaluate and rank proposals received in connection with the RFP. The City/County will submit a proposed marketing plan for said buildings to the NPS (for the Hangar 28 Complex only), DoN, SHPO and the Council for review and comment in accordance with Stipulation XIV. The marketing plan submittal shall demonstrate how the timing of the marketing effort will not inhibit the identification and implementation of an economically viable adaptive use for the complex(es). After the City and/or County has evaluated and ranked proposals, if any, and before it takes any action thereon, the City and/or County shall submit a report to DoN, SHPO, NPS, as appropriate, and the Council for their review and comment describing the results of its marketing efforts under the plan, pursuant to Stipulation II.A.3. If the marketing efforts have not resulted in the submission of an economically viable adaptive use proposal consistent with the MCAS Tustin Specific Plan/Reuse Plan, the City and/or County submission shall include a plan of action and milestones for completion of the mitigation measures required by Stipulation II1. GUIDELINES The Marketing Plan shall include the following: . An information package about the property, which shall include but not be limited to: · Photographs of the property. · A map and area description. Anticipated date the property will be available for redevelopment. Appendix C - ] - MCAS Tustin Specific Plan/Reuse Plan land use designations, zoning designations, and the LRA's goals and objectives for the property. Information on how to obtain the complete document shall be included. Information on the historic/architectural significance of the hangar complexes. This information shall include a thorough description of the improvements and the land area available, identifying elements and character defining features of the historic properties, which should be given special consideration in the redevelopment. Excerpts from the Marine Corps Condition Assessment and Economic Analysis for Reuse of the Historic Blimp Hangars that discuss the condition of the buildings. Information on how to obtain the complete document shall be included. For the Hangar 29 Complex only, provided that an adaptive use for the Hangar 28 Complex has been selected, sufficient information concerning that use to enable recipients to design proposals which will not unduly conflict with the redevelopment of the Hanger 28 Complex. Information on available financial incentives for rehabilitating historic structures, including but not limited to, the Federal Rehabilitation Tax Credit for Historic Properties, funding sources seeking participation in federal rehabilitation, tax credit projects, Mills Act, etc. Information on the existing infrastructure, including utility connections and services, and proposed infrastructure improvements as outlined in the MCAS Tustin Specific Plan/Reuse Plan and required 'fair share' developer infrastructure contributions. Information on environmental and soil conditions on the property and the presence of any hazardous materials in the vicinity of the historic property, time frame for remediation, and anticipated impacts of those remediation activities on the use of the property and buildings. An advertising plan and schedule, including a list of local, regional and national publications and electronic communication tools where the availability of the property will be publicized, including but not limited to, the National Association of Installation Developers. Information to enable parties to tour the property. A distribution list of entities to which the request for Expressions of Interest will be sent. 2. Expression of Interest Guidelines- Respondents shall be required to submit the following information for consideration: · Respondent's name, address, e-mail, telephone and fax number, type of legal entity, and resumes of all principals of the firm. A description, in narrative form of no more than five pages, of the site development concept and approach for use of the historic property in relation to the required land use designations in the MCAS Tustin Specific Plan/Reuse Plan, and a description of the expected effect on the integrity or appearance of the historic properties. Appendix C -2- o For the Hangar 29 Complex only, if appropriate, a description of how the project would be compatible with the proposed use of the Hangar 28 Complex, so that it will not adversely effect its economic viability. A description of any additional infrastructure requirements above existing systems or identified in the MCAS Tustin Specific Plan/Reuse Plan, including utility connections and services, that would be required to operate and maintain the propect7 in accordance with applicable codes. · A description, including references, of previous relevant experience in ownership, development, and operation of similar projects to that being proposed. · A list of potential funding vehicles being considered or proposed and, if available, evidence of committed resources. · A copy of the most recent audited year-end financial statement of the respondent. This shall be submitted as 'confidential' under separate cover. · A statement as to whether the respondent has ever filled for bankruptcy or had projects that have been foreclosed or served a notice of default. If so, provide an explanation of the circumstance when they occurred. Evaluation criteria shall be developed and used to evaluate the Expressions of Interest. These criteria shall be based upon the required Expression of Interest submittal information. In addition to complying with the requirements of the REI in terms of providing information, the following list of criteria are provided for consideration: · Does the respondent or firm appear to have the professional experience and organization for this type of project? · Is the development concept compatible with the MCAS Tustin Specific Plan/Reuse Plan? · Does the project appear to be economically viable? · In the case of the Hangar 29 Complex, does the project appear to adversely effect the economic viability of reuse of the Hangar 28 Complex? · Can any unique infrastructure needs of the project be met? · Does the respondent appear to have experience in developing and operating the type of project being proposed? · Does the respondent appear to have experience in management operation and ownership of similar type facilities being proposed? , · Does the respondent appear to have the financial capability to carry out the project? Based upon evaluation of the Expression of Interest submittals, a short list of qualified respondents shall be provided the opportunity to submit a proposal (Phase 2). As a result of Phase 1, it may also be determined that no economically viable proposal has been presented. The marketing plan shall include the guidelines for submitting the proposals. These guidelines shall include: Appendix C -3- a. Identification of the Complete development team, including each member's role and qualifications. b, A complete description of the development concept and program, including a detailed description of the type of improvement and changes to the property. Any changes to the integrity or appearance of the historic property shall be discussed, as well as whether the development concept and program are compatible with the land use designations in the Specific Plan/Reuse Plan. c. Description of how the proposal is consistent with the Secretary of Interior's Standards for the Treatment of Historic Properties (36 CFR Part 68). d. Site plans, circulation plans, utility plans, and others that may be needed to describe the proposal. e. A detailed statement of development costs, including the following: · In the case of the Hangar 29 Complex, estimated land acquisition cost; · A breakdown of hard costs for construction, on-site improvements, off-site improvements and other similar costs; · A breakdown of soft costs, including professional fees, permit fees, insurance, legal fees, overhead, project management, and similar costs; · A breakdown of financing costs, including points, fees, construction loan rates, terms, and schedule; Identification of sources of money for construction and permanent loans, together with a description of proposed loan terms and related security devices. The discussion should include a description of the financial incentives for rehabilitating historic structures that are proposed to be utilized. A detailed development schedule for all program components. If the development is to be phased, a development proforma for each phase shall be provided as well as a combined development program for the total project. go In the format to be provided at a pre-proposal conference, a complete operating financial proforma will be required for the first five years of the project, and the tenth year, identifying the values and assumptions for: · Lease rates, both gross and triple net, where applicable; · Other potential income, such as common area maintenance assessments, common marketing assessment, etc.; · Estimated vacancy factor; Estimated operating expenses, including common area maintenance costs, marketing costs, leasing commissions, utility costs (if applicable), property taxes (if applicable), as well as any reserve funds to be established. Debt service; Appendix C -4- · Proposed distribution, if any, of net income among the partners and the developer; · Committed dates to start construction expressed in elapsed time; · All contingencies spelled out, i.e. occupancy timeshares; specific market or financing conditions which could delay the project; · Average rates of return anticipated. ho Letters of interest by financial institutions for providing construction and/or permanent financing. In the event a proposal includes in the income stream for the project funds from other types of sources, such as grants from government or non- profit institutions, the proposal must include statements from such sources that the requisite funds will be made available if the proposal is accepted. i. A statement of the type of tenants envisioned for the project, any interest by primary anchor tenants and any letter of interest. A statement describing the marketing strategy and leasing approach for the project. Describe the on-going management structure that will be implemented to ensure a high quality of operations and maintenance for the project. k. A list of at least five (5) references that have knowledge of the respondent's ability to manage, operate, and develop the projects similar to the one proposed. 5. The marketing plan shall also identify the criteria that will be used to evaluate the proposals. These criteria shall be based on the information requested in the RFP requirements. These criteria should include: Does the proposal display adequate financial evidence that the proposed project is economically viable? · Does the proposal present adequate evidence that the proposer has the requisite personnel who have the necessary experience and expertise to manage the project described in the proposal? Does the proposal present adequate evidence that the project will be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR part 68)? Does the proposal contain adequate evidence that the proposed project is compatible with the land use designations in the MCAS Tustin Specific Plan/Reuse Plan? Does the proposal present adequate evidence that the proposer has the financial capacity and means to carry out the project and provides for required "fair share" infrastructure contributions and development costs, including, in the case of the Hangar 29 Complex, land acquisition costs at fair market value? Does the proposal present adequate evidence that the development of all program components will be implemented in an orderly and timely manner? Appendix C EXHIBIT L KR LLP EXECUTION VERSION 3/16/00 MEMORANDUM OF AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA (THRU THE SECRETARY OF THE ARMY OR DESIGNEE) AND THE CITY OF TUSTIN, CALIFORNIA USE AND DISCLOSURE OF DATA The data in this proposal shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposal; provided, that if a contract is awarded to tlxis offeror as a result of or in connection with the submission of these data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the Government's right to use information contained in the data if it is obtainable from another source without restriction. The data subject to this restriction are contained in Pages 1-14, and Exhibits A-E. 03-21740.09 TUSTIN ARMY RESERVE AGREEMENT MEMORANDUM OF AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA (THRU THE SECRETARY OF THE ARMY OR DESIGNEE) AND THE CITY OF TUSTIN, CALIFORNIA INDEX RECITALS: ............................................................................................................................ 1 ARTICLE 1. DEFINITIONS: ....................................................................................................... 2 1.0l. Agreement. 1.02. Exchange Agreement. 1.03. Property. ARTICLE 2. APPLICATION AMENDMENT: .......................................................................... 3 ARTICLE 3. NO COST RIGHT OF WAY: ................................................................................. 3 ARTICLE 4. CONSIDERATION ................................................................................................ 4 ARTICLE 5. FUTURE REAL PROPERTY TRANSFEPo'EXCHANGE .................................... 4 5.01. General. 5.02. Exchange. 5.03. Sale. ARTICLE 6. INGRESS/EGRESS ................................................................................................ 4 6.01. Existing Ingress/Egress. 6.02. New Access to the Property. 6.03. Fencing. ARTICLE 7. POLICE AND FIRE SERVICES: ........................................................................... 5 ARTICLE 8. UTILITY SERVICES: ............................................................................................ 5 ARTICLE 9. DUTY TO INFORM: .............................................................................................. 5 ARTICLE 10. AUTHORITY: ...................................................................................................... 5 03-21740.09 ii TUSTIN ARMY RESERVE AGREEMENT ARTICLE 1 1. GOVERNING LAW' 5 ARTICLE 12. NO JOINT VENTURE: ........................................................................................ 6 ARTICLE 13. COOPERATION: ................................................................................................. 6 ARTICLE 14. NOTICES: ............................................................................................................. 6 ARTICLE 15. CONTRACT DISPUTES ..................................................................................... 7 ARTICLE 16. ENTIRE AGREEMENT, AMENDMENTS AND WAIVER: ............................. 7 ARTICLE 1'7. INTERPRETATION ............................................................................................. ? ARTICLE 18. FURTHER ASSURANCES: · 8 18.01. Document Delivery. 18.02. Anti-Deficiency Act. ARTICLE 19 OFFICIALS NOT TO BENEFIT: ......................................................................... 8 ARTICLE 20. NON-DISCRIMINATION: .................................................................................. 8 EXHIBITS EXHIBIT A - LEGAL DESCRiPTION OF THE PROPERTY EXHIBIT B - RIGItT OF WAY DEDICATION EXHIBIT C - ENCROACHMENT PERMIT EXHIBIT D - UTILITY EASEMENT EXHIBIT E - HOST TENANT AGREEMENT (Noy(R)-61624) 03-21740.09 iii TUSTIN ARMY RESERVE AGREEMENT MEMORANDUM OF AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA (THRU THE SECRETARY OF THE ARMY OR DESIGNEE) AND THE CITY OF TUSTIN, CALIFORNIA 8 THIS MEMORANDUM OF AGREEMENT (this" Agreement") is entered into by and 9 between the United States of America, acting by and through the Secretary of the Am~y, or designee 10 (hereinafter referred to as "Army" or "Government"), and the City of Tustin, California, a 11 municipality organized and existing under the laws of the State of California, and recognized as the 12 Local Redevelopment Authority (hereinafter referred to as "LRA") by the Office of Economic 13 Adjustment on behalf of the Secretary of Defense (collectively, the "Parties"). 14 RECITALS: 15 16 WHEREAS: 17 1. The United States of America is the owner of certain real property, improvements, and 18 other rights appurtenant thereto together with all personal property thereon, located in the City of 19 Tustin, California, and commonly referred to as Marine Corps Air Station, Tustin, which was 20 utilized as a military installation ("the Base"). 21 2. The Base was ordered to be closed pursuant to The Defense Base Closure and 22 Realignment Act of 1990, as amended (Pub. L. No. 101-510; hereinafter referred to as the 23 "DBCRA"). The United States Department of the Navy ("Navy") was required to close the Santa 24 Ana (Irvine) Naval Reserve Center, located on the Base also pursuant to the DBCRA. 25 26 27 28 29 3. The United States Army Reserve ("USAR") and the United States Naval Reserve ("USNR") jointly funded the Armed Forces Reserve Center ("AFRC") located at the Base. The AFRC has had an addition funded by the USAR. 4. The LRA developed a Reuse Plan pursuant to the DBCRA to redevelop the Base ("Reuse Plan"). 30 5. Pursuant to Section 2905(b)(4) of the DBCRA, and the implementing regulations of the 3 l Department of Defense (32 CFR Parts 90 and 91), the LRA intends to apply to the Government to 03-21740.09 1 TUSTIN ARMY RESERVE AGREEMENT 1 obtain property on the Base through an Economic Development Conveyance (the "EDC 2 Application") for use of the Base consistent with the Reuse Plan. 3 6. USAR units have been granted occupancy and use of the AFRC as a tenant by a permit 4 from the Navy and a Host-Tenant Agreement dated 27 June 1963 (Noy(R)-61624) (amended), as 5 noted in Exhibit E. The USAR has a continuing requirement for facilities in the geographic area to 6 support existing and future missions. 7 7. In order to accommodate the LRA's reuse plans for the Base, and the Army's continued 8 need for the AFRC, the Army and the LRA have reached an agreement whereby the Army will 9 acquire the property from the Navy described in Exhibit A ("Property") for use as a USAR facility, 10 in lieu of the property granted by permit to the USAR by the Navy, as described in Exhibit E. 11 8. The LRA and the Government desire to establish the boundaries for their respective 12 properties so as to implement the property transfers contemplated herein and support the LRA Reuse 13 Plan. 14 9. If, in the future, the LRA determines that it would be advantageous to acquire the 15 Property through an exchange of property, the LRA may elect to make an Exchange Agreement 16 proposal to the Army in accordance with 10 U.S.C. § 18233. 17 18 19 AGREEMENTS 20 NOW THEREFORE, in consideration of the foregoing premises and the respective 2 ! representations and conditions herein contained, and other good and valuable consideration, the 22 sufficiency of which is hereby acknowledged, the Government and LRA agree as follows: 23 24 25 ARTICLE 1. DEFINITIONS: When used herein, the following terms shall have the respective meanings set forth for each such term: 26 1.01. Agreement. This MOA, including the Exhibits attached hereto, which are 27 incorporated herein by reference and made a part of this Agreement. 28 1.02. Exchange Agreement. Transfer of Government-owned property to the City of 29 Tustin as the Federally recognized Local Redevelopment Authority, in exchange for property of 30 equal military or other value, pursuant to Title 10 U.S.C. {} 18233. 03-21740.09 2 TUSTIN ARMY RESERVE AGREEMENT 1 1.03. Property. The portion of the Property included in this Agreement described, 2 by among other ways, metes and bounds to be verified by survey and legal description acceptable 3 to the Parties all as set forth in Exhibit A. This description involves approximately 16.7 gross acres 4 together with all buildings and improvements thereon or therein, including an eighty (80) foot strip 5 of land consisting of an existing thirty (30) foot easement and an additional fifty (50) foot right of 6 way for a required roadway as described in Article 3.01. ARTICLE 2. APPLICATION AMENDMENT: 8 The Government and LRA hereby agree that consistent with this Agreement, the 9 Army shall amend its request to acquire property on the Base to reflect a boundary and size as 10 generally reflected for the Property as defined in Section 1.03 above. 11 ARTICLE 3. NO COST RIGItT OF WAY: 12 3.01. The Government shall dedicate to the LRA, at no cost to the LRA, an eighty 13 (80) foot wide strip of land consisting of an existing thirty (30) foot easement and an additional fifty 14 (50) foot right ofway,~0r a required roadway irr~ediately abutting the road commonly referred to as Barranca Parkway ( Right of Way Ded~cat~on~}o .... ....., ................................... The 16 Government shall provide the Right of Way Dedlication to the LRA within a reasonable period of 17 time following transfer of administrative jurisdiction over the Property from the Secretary of the 18 Navy to the Secretary of the Army. The Right of Way Dedication granted to the LRA shall provide 19 that if the road is not constructed within twenty (20) years, the Right of Way Dedication will 20 automatically terminate. 21 3.02. The LRA shall grant to the Government, within a reasonable period of time 22 following the recording of the Right of Way Dedication, an exclusiv~ temporary Encroachment 23 Permit within the existi~g fence line along the road commonly refe~[~d, to as Barranca Parkway " · ' c..:..-..~.-.~lh. ;., th,- C.-----...++--~-~-~ ~- "~--'-:'-:' '~'' ' ' wn 24 ( Encroachment Permit ) ~ ....... ., ......................... o. ~,,,,,~,,~ ,~LThe LRA shall, at ~ts o 25 expense, complete required street-widening of the road commonly referred to as Barranca Parkway 26 ("Barranca Improvements") within the Right of Way Dedication in accordance with City of Tustin 27 standards, and on a schedule consistent with the redevelopment of the Base. The LRA shall fund 28 landscape improvements in accordance with City of Tustin standards along the road commonly 29 referred to as Barranca Parkway after the completion of the Barranca Improvements ("Barranca 30 Landscaping") at no cost or expense to the Government. The Encroachment Permit shall expire 31 upon the completion of the Barranca Improvements and the Barranca Landscaping when the Right 32 of Way along the road commonly referred to as Barranca Parkway becomes accessible to the public. 33 34 35 q6 3.03. The LRA shall fund the relocation of facility signs, flagpole, associated electrical service and other improvements such as curbs and gutters that are located within the Right of Way Dedication. The scope of work and total cost to be incurred by the LRA shall be subject to an agreement between the Parties. 03-21740.09 3 TUSTIN ARMY RESERVE AGREEMENT ARTICLE 4. CONSIDERATION 2 The Parties agree to undertake the actions specifically described herein, which the 3 Parties accept as good and valuable consideration. This Agreement shall not require the payment of 4 monies by any of the Parties to other Parties to the Agreement. ARTICLE 5. FUTURE REAL PROPERTY TRANSFER/EXCHANGE 5.01.. General. It is understood by the parties that the Secretary of the Army, at present, has the authority under 10 U.S.C. § 18233 to enter into agreements for the exchange of certain property, xvithout Federal screening. 9 5.02. Exchange. The Government acknowledges that, in the future, the LRA may 10 wish to offer an exchange of other real property for the Property. The LRA understands and agrees 11 the offered exchange would have to meet USAR and Government requirements and standards, and 12 would be subject to Army approval. The LRA further understands and agrees that any future 13 exchange offer by the LRA to the Army will be considered at the time of the offer and that the Army 14 cannot make any commitment regarding approval at this time. Further, if the Army decides to enter 15 into an agreement with the LRA pursuant to 10 U.S.C. § 18233, the Government shall negotiate with 16 the LRA in good faith. 17 18 19 20 21 22 5.03. Sale. The Government may choose to dispose of the Property in the future. The Government shall notify the LRA within ten (10) days of a Government decision that the Property is surplus to its needs. ARTICLE 6. INGRESS/EGRESS 6.01. Existing Ingress/Egress. The Government shall continue to have access to the Property at all times from the road commonly referred to as Barranca Parkway. 23 6.02. New Access to the Property. The LRA shall provide the Government, 24 following the completion of roadway improvements, ingress and egress to the Property from a 25 proposed future roadway commonly referred to as Tustin Ranch Road. The Army shall apply for 26 and gain approval from the LRA for the location and construction of such ingress/egress to Tustin 27 Ranch Road. 28 6.03. Fencing. Fencing of the Property is at the discretion of the USAR, based on 29 Army regulations and security standards. The Army shall attempt to ensure that any fencing 30 installed on the Property is consistent with the development within the area. 03-21740.09 4 TUSTIN ARMY RESERVE AGREEMENT $ 6 7 8 9 10 11 12 ARTICLE 7. POLICE AND FIRE SERVICES: 2 The Government shall be responsible to coordinate with the local municipality for 3 concurrent jurisdiction of police and fire services for the Property. The City shall provide police 4 and fire services for the Property subject to the Government providing details of quantity and nature of all: i) Hazardous and flamrnable materials on the Property in accordance with the State of California and City laws, regulations, and procedures; and ii) Weapons located on the Property ARTICLE 8. UTILITY SERVICES: 13 8.01. The Government shall be responsible for obtaining all required utility services, 14 at its own cost and expense, from normal utility service providers. 15 8.02. The Government agrees to grant the City utility easements needed in the 16 future, at no cost to the City, consistent v~ law and regulation and as mutually agreed to by the 18 ARTICLE 9. DUTY TO INFO~I' 19 The Government and LRA shall give notice to each other of any matter, which 20 materially affects the Government's or the LRA's rights or interest in the Property, or events, which 21 materially affect the Government's or LRA's rights or obligations herein. 22 ARTICLE 10. AUTHORITY: 23 The Government and LRA warrant to each other that each is authorized to execute 24 and enter into this Agreement and that this Agreement is legally binding on each party subject to the 25 terms hereof. 26 ARTICLE 11. GOVERNING LAW: 27 This Agreement and the rights of the Parties hereunder shall be interpreted in 28 accordance with Federal law and, to the extent applicable under Federal law, the law of the State of 29 California. 03-21740.09 5 TUSTIN ARMY RESERVE AGREEMENT 6 7 8 9 10 ARTICLE 12. NO JOINT VENTURE: 2 The Government and LRA acknowledge and agree that nothing contained in this 3 Agreement shall be construed as creating a partnership or joint venture between the Government and 4 the LRA. ARTICLE 13. COOPERATION' This Agreement is intended to create a legally binding obligation between the Government and LRA. The Parties agree to cooperate reasonably to complete the transactions contemplated herein. ARTICLE 14. NOTICES: 11 Any notice, request, demand, instruction or other document to be given or served 12 hereunder or under any document or instrument executed pursuant hereto shall be in writing and 13 shall be delivered personally (including by messenger) or sent by United States registered or certified 14 mail, return receipt requested, postage prepaid, or by courier, postage prepaid and addressed to the 15 parties at their respective addresses set forth below, and the same shall be effective upon receipt if 16 delivered personally or by messenger or two business days after deposit in the mails if mailed. A 17 party may change its address for receipt of notices by service of a notice of such change in 18 accordance herewith. 19 Distribution' 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 If to LRA: Ms. Christine Shingleton Assistant City Manager City of Tustin 300 Centennial Way Tustin, California 92780 (714) 573-3107 with a copy to: George R. Schlossberg Kutak Rock Attorneys 1101 Connecticut Avenue, N.W. 10th Floor Washington D.C. 20036 (202) 828-2418 03-21740.09 6 TUSTIN ARMY RESERVE AGREEMENT 8 9 10 11 12 13 14 15 16 17 18 If to Army: 63D Regional Support Command P.O. Box 3001. Los Alamitos, CA 90720-1301 with a copy to: Commander U.S. Army Reserve Command 1401 Deshler Street, S.W. Fort McPherson, GA 30330-2000 with a copy to: Chief, Real Estate Division U.S. Army Corps of Engineers Los Angeles District P.O. Box 532711 Los Angeles, CA 90053-2325 ARTICLE 15. CONTRACT DISPUTES The Parties agree to resolve all disputes and disagreements that may arise under this Agreement, which cannot be negotiated equitably between the Parties, in accordance with Federal laws and regulations applying to contract disputes. ARTICLE 16. ENTIRE AGREEMENT: 19 This Agreement contains the entire agreement and understanding of the parties in 20 respect to the Agreement, and may not be amended, modified, or discharged nor may any of its terms 21 be waived except by an instrument in writing signed by the parties to be bound thereby. The parties 22 hereto shall not be bound by any terms, conditions, statements, warranties, or representations, oral 23 or written, not contained herein. 24 25 26 27 28 29 30 31 ARTICLE 17. INTERPRETATION: 17.01. The headings and captions herein are inserted for convenient reference only and the same shall not limit or construe the paragraphs or sections to which they apply or otherwise affect the interpretation hereof. 17.02. The terms "hereby, .... hereof, .... hereto," "herein, .... hereunder" and any similar terms shall refer to this Agreement, and the term "hereaher" shall mean after, and the term "heretofore" shall mean before the date of this Agreement. 32 17.03. Words of the masculine, feminine, or neuter gender shall mean and include 33 the correlative words of other genders, and words importing the singular number shall mean and 34 include the plural number and vice versa. 03-21740.09 7 TUSTIN ARMY RESERVE AGREEMENT 7 8 9 10 11 12 13 14 15 16 17 18 1 2 17.04. Words importing persons shall include firms, associations, partnerships 3 (including limited partnerships), trusts, corporations, and other legal entities, including public 4 bodies, as well as natural persons. 17.05. The terms "include," including," and similar terms shall be construed as if followed by the phrase "without being limited to." 17.06. This Agreement and any document or instrument executed pursuant hereto, may be executed in any number of counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17.07. Time is of the essence of this Agreement. 17.08. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. ARTICLE 18. FURTHER ASSURANCES: 1.9 18.01. Document Delivery. The Government shall, upon the reasonable request of 20 the LRA shall execute, cause to be executed, acknowledged, or delivered any and all such further 21 instruments and documents as may be necessary or proper, in. order to carry out the intent and 22 purpose of this Agreement. 23 18.02. Anti-Deficiency Act. This agreement does not create any obligation to pay 24 or reimburse any funds in excess of amounts lawfully appropriated for that purpose, or to otherwise 25 violate the Anti-Deficiency Act, 31 U.S.C. 1341. 26 ARTICLE 19 OFFICIALS NOT TO BENEFIT' 27 The LRA acknowledges that no member of, or delegate to the Congress, or resident 28 commissioner, shall be permitted to share any part of the contract of sale, or to receive any benefit 29 that may arise therefrom. This provision shall not be construed to extend to the contract of sale if 30 made with a corporation for its general benefit. 31 ARTICLE 20. NON-DISCRIMINATION: 32 The LRA covenant for themselves, their successors and assigns and every successor 33 in interest to the Property hereby conveyed, or any part thereof, that the said LRA and such 34 successors and assigns shall not discriminate upon the basis of race, color, sex, religion, or national 03-21740.09 8 TUSTIN ARMY RESERVE AGREEMENT 10 1 origin in the use, occupancy, sale or lease of the Property, or in their employment practices 2 conducted thereon. This covenant shall not apply, however, to the lease or rental of a room or rooms 3 within a family dwelling unit; nor shall it apply with respect to premises used primarily for religious 4 purposes. The United States of America shall be deemed a beneficiary of this covenant without 5 regard to whether it remains the owner of any land or interest therein in the locality of the Property 6 hereby conveyed and shall have the sole right to enforce this covenant in any court of competent 7 jurisdiction. (SIGNATURE PAGES TO FOLLOW) 03-21740.09 9 TUSTIN ARMY RESERVE AGREEMENT 1 2 In Testimony Whereof, witness the signature of the Government, acting by and 3 through The Secretary of the Army, United States Department of the Army, this 2 ! ~-.t:. day of 4 o~.,,~G4, 2000. ! 6 7 8 9 10 11 12 13 14 UNITED STATES OF AMERICA A~U~L W. JOHNSO~~ Deputy Assistant Secretary of the Army (Installations and Housing) 15 16 17 18 19 2O 21 22 23 24 25 26 COMMONWEALTH OF VIRGINIA ) SS COUNTY OF ARLINGTON ) The foregoing Agreement was acknowledged before me this al~: day of~.~2000, by Paul W. Johnson, Deputy Assistant Secretary of the Army (Installations and Housing) on behalf of the Government, acting by and through The Secretary of the Army, United States Department of the Army W~ hand and official seal. SS my My commission expires on: _7 t:~ 4],~-~,~_~4_ ~. oa 2__ 03-21740.09 TUSTIN ARMY RESERVE AGREEMENT 2 In Testimony Whereof, witness the signature of the City of Tustin, California, a 3 municipality organized and existing under the laws of the State of California, this 7e~ day of 4 2000. 5 6 7 8 9 10 11 12 CITY OF TUSTIN LOCAL REDEVELOPMENT AUTHORITY By: 13 14 15 16 17 18 19 20 21 22 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) The foregoing Agreement was acknowledged before me this '~ 1,~ day of {2~Q, 2000, by ~ ~ ~x o.-rn ~. [4 ct%'FO~,4 -- on behalf of the City of Tttstin, the Local Redevelopment Authority. WITN~23fi my hand and/gffici~seal. My commiss'on expi es -' - ~"~ Cornmiasion # 1216423 ~z ~ ~ Notary Public - Califomicl J 03-21740.09 1 1 ')UPLICATE BLOC~ ,5~51 MOOULES Og.19 COUNTY ~.UR~'YOR'S STATEMENT: THIS ~ HkS BEEN FXkMINLD IN ACCC~RDANCE t~ITH Si:CTION 8766 THE L.4J40 S~"5 Jd~! l'liS ~.~.~_~H DAY OIr .~L.~'m.Jf-~:]~.., 199q ~-c~C~J, ZsT cou~-su~'Yo~ RECORD OF SURVEY NO. 99 - 1041 IN '[HE' CITY OF TUSTIN, COUNIY OF ORAN'GF_. SLATE OF CALIFORNIA BE I NC; A SURVEY 0F A PORT I ON OF I-3[.OCk 47. IRVINF''$ SUBDIVISION. M.R kl. I/§8 J ErrOR .... S. ,~79 DATE OF SURVEYMAY 5. 1999BY CffY ~'S$?ATF. MIrNT OF COMPLIANCY [ HER[BY STATE THAI I HAVE [.XAMIHEO TFJS RIGOR0 PUR~UANI' TO SEE"lION 8752.5 ~ THE LAND SUR~r'yo~'s ACT. ANO THAT ~T iS IN CO~PL.J~E. WII'H THE SUBDIV~ MAP ACT. ~ 2 OF' TITLE7 04r T~ GOYERNMENT CODE OR ANY APPLICAIILE LOCAL oRrRNANC[ ENACTED PURSUANT ~TAT~ Of' PURPOSE: ~NIAT I~ A~ IO I~IN[NIA ~FD t'E~RAI TRA~FER PR~[RIY Fa ~,E ~PARf~N3 OF 1~ ~VY I0 IH[ 0[PARIMENT OF ~ A~ ACCEPl~D ~ I:ILEO ~,T THE REOU[.SI Glr , T~ . q;~,6'a,~ rE[ t 7, o~ INSmUMem I ~0~ ~f~&.~7~ ?t Lq PAG[_'~ _ GARY I.. GRANVILLE CIXJN~ CLERK-R[COROER J ~'0UND 2 I/2' bV~ASS CAP S!NdPED 'LS 32~--. t~// Pl~f'tPfl~l:Tt TU~TIM ~CH ROAD PER C~ OF ~STIN ' - 88-134. PMB 237/39 4]. .................... , ............... ........ 70' fIJlURt NC'LY RIC. d~T QC WAY ............ IIMIT r~l [~ARRANCA PARKWAY CXI~NC ~'LY RIGHT ~ WAY '' L~T ol ~R~.A P~KWAY FOUND COI:~:~R W'c. LD ROD TAGGED 'USC[ l~8' S 8..TOg'Sg' E 0 72'. NO ~flrrl~._'rNCE. R[MO~D PER NOT[ I~.Lf~ S["I 2' PIP~ t~O 'LS 6379' AT COR~ER PARCEL FOUND I~K')I~41NG. S[-r 2' IRON I~. TAGGED 'tS 6,.579' ~I BC. PARC[! [.~ rOUND COPPfR W~LD ROD IAGGED 'LISC~ 1998' S 73'21 33' £ 0.54'. NO I~F'~Ii~CE. Rf,~:TVED r~R NOTE BELOW SE1 2' iRON Pfl~' TAGGLD 'LS 63.~9' AT CORNER P~RC~L [] FOUND COPP['P W~.L0 ROD 1AGG[0 'USC[ 199B' N 89'07'15' E 0 46'. NO BEHOVED PER NOT[ BELOW SET 2' IRON pIPE l'~7aj, E0 'tS 63?9' Al' CORNER P~RC[L L~.] rouNo CO~-~ER WE. Ltl ROG ~AGGED 'USC[ 19g~' 5 79'13'04' [ (;56' NO RfJMO~D PER NOI[ bT..[OW 5F.T LEAD TAG. 'LS 6319' ~N ~LNCE POST FOOllNG CORNER PA,q'CE [ · - FOJqD 14~I~i:#T kS NOT[D .... CITY OIr CII~ Of' TUSTIN ......... 00' N 40'40'06' I I:~&O OU' -- 14 4g~ AC. PARCEL I "~ j 2.201 AC.· P~EL 2 ~.~7 ~c-~ GP5 ~. 6552 -' F~NO 2 I/2' I I /~S ~ STAM~D '[~ ~246' IN ___.1 ....... ~ /"~''~/~-'' ~' ''~' LOt 101. ILOC~ 47. ~ I/'18 tOT 102. ~ NOt[. uSC[ MONUME. NTS SHOWN ~ ~RE S~.T BY THL ~ STA~S ~ ~R~ ~ ENGINEERS ~SED ~ ~T~S ~T ~. B[.EN R~D. I~[ ~[0 J~[ 16. 1999 ~ ~ A ~ L~U~ C~[[. d S EXECUTION VERSION May 2, 2002 LEASE IN FURTHERANCE OF CONVEYANCE BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN, CALIFORNIA FOR PORTIONS OF THE FORMER MARINE CORPS AIR STATION TUSTIN 03-72461.07 LEASE IN FURTHERANCE OF CONVEYANCE BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN, CALIFORNIA FOR PORTIONS OF FORMER MARINE CORPS AIR STATION TUSTIN TABLE OF CONTENTS 1. LEASED PREMISES ..................................................................................................................... 2 2. TERM ............................................................................................................................................. 2 3. CONSIDERATION ........................................................................................................................ 2 4. USE OF LEASED PREMISES ...................................................................................................... 3 5. SUBLETTING ................................................................................................................................ 4 6. CONDITION OF PROPERTY ...................................................................................................... 4 7. ENVIRONMENTAL BASELINE SURVEY AND FINDING OF SUITABILITY TO LEASE. 5 8. ALTERATIONS ............................................................................................................................. 5 9. ACCESS BY GOVERNMENT ..................................................................................................... 5 10. UTILITIES AND SERVICES ........................................................................................................ 6 11. NON-INTERFERENCE WITH GOVERNMENT OPERATIONS .............................................. 6 12. PROTECTION AND MAINTENANCE SERVICES ................................................................... 7 13. ENVIRONMENTAL PROTECTION PROVISIONS ................................................................... 7 14. TERMINATION .......................................................................................................................... 12 15. ENVIRONMENTAL CONTAMINATION ................................................................................. 13 16. NON-ENVIRONMENTAL INDEMNIFICATION BY LESSEE ............................................... 14 17. INSURANCE ............................................................................................................................... 14 18. LABOR PROVISION .................................................................................................................. 16 19. SUBMISSION OF NOTICES ...................................................................................................... 18 20. AUDIT .......................................................................................................................................... 18 21. AGREEMENT ............................................................................................................................. 19 22. FAILURE TO INSIST ON COMPLIANCE ................................................................................ 19 23. DISPUTES ................................................................................................................................... 19 24. COVENANT AGAINST CONTINGENT FEES ......................................................................... 21 25. LIENS ........................................................................................................................................... 21 26. TAXES ......................................................................................................................................... 21 27. EASEMENTS AND RIGHTS OF WAY ..................................................................................... 22 28. ADMINISTRATION .................................................................................................................... 22 29. SURRENDER .............................................................................................................................. 23 30. PAYMENT ................................................................................................................................... 23 31. INTEREST ................................................................................................................................... 23 32. AVAILABILITY OF FUNDS ...................................................................................................... 24 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 33. APPLICABLE RULES AND REGULATIONS .......................................................................... 24 34. QUIET POSSESSION .................................................................................................................. 24 35. GOVERNMENT APPROVAL .................................................................................................... 24 LIST OF EXHIBITS A. Description of Leased Premises B. Executive Summary of Environmental Baseline Survey C. FOSL No. 2. D. FOSL No. 3. E. Work Exempt from Government Consent F. Real Estate Summary Map G. Location of Monitoring Wells H. Lease Restriction Revision Form 03-72461.07 ii 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 LEASE IN FURTHERANCE OF CONVEYANCE BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN, CALIFORNIA FOR PORTIONS OF FORMER MARINE CORPS AIR STATION TUSTIN THIS LEASE is made this day of ., 2002, by and between the UNITED STATES OF AMERICA, acting by and through the Department of the Navy (the "Government"), and the CITY OF TUSTIN, CALIFORNIA (the "Lessee"), the recognized local redevelopment authority for Marine Corps Air Station Tustin (the "Installation"). RECITALS A. The Government is the owner of certain real and personal property, as more particularly described in Article 1, commonly referred to as the former Marine Corps Air Station Tustin ("MCAS Tustin") a military installation closed under the Defense Base Closure and Realignment Act of 1990, Pub. L. 101-510), as amended (10 U.S.C. § 2687 note) (hereinafter referred to as "DBCRA") and Lessee and Government have agreed on a method of conveyance of said real and personal property as set forth in the Agreement between the United States of America and the City of Tustin, California for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin, dated __, 2002 (the "Agreement"). B. Pending final disposition, 10 U.S.C. § 2667(t) authorizes the Government to lease real property located at a military installation closed under DBCRA, in order to facilitate state or local economic adjustment. Such a lease may be for consideration in an amount less than fair market rental value provided the Secretary determines that such a lease will serve the public interest, and that obtaining fair market rent is not compatible with such public benefit. The Government has determined that this Lease will facilitate local economic adjustment efforts, that the public interest will be served as a result of this Lease, and that obtaining fair market rent is not compatible with such public benefit. C. Lessee is recognized by the Secretary of Defense, through the Office of Economic Adjustment, as the local redevelopment authority for MCAS Tustin. By application dated March 5, 1999, as subsequently amended, the City applied for a "No-Cost" Economic Development Conveyance ("EDC") for portions of MCAS Tustin (the "EDC Application"), to be used and developed in accordance with the "Reuse Plan for MCAS Tustin" dated October 1996 and amended by Errata of September 1998 (the "Base Reuse Plan") that was reviewed and approved by the United States Department of Housing and Urban Development. D. In accordance with the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), Government and the City have prepared a Joint Final Environmental Impact Statement/Environmental Impact Report ("EIS/EIR") for the disposal and reuse of the Former MCAS Tustin. The City certified the 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 EIS/EIR as complete under CEQA on January 17, 2001. A NEPA Record of Decision regarding the disposal ofMCAS Tustin was issued on March 2, 2001. E. An Environmental Baseline Survey ("EBS") has been prepared for MCAS Tustin. Two Findings of Suitability to Lease ("FOSLs") have also been prepared, in accordance with 10 U.S.C. § 2667(f)(3), and Department of Defense policy guidelines ("Finding of Suitability to Lease for Southern Parcels Carve-Out Areas 1, 2, 3, and 4, Marine Corps Air Station Tustin, California" dated February 28, 2002 ("FOSL No. 2" -Exhibit "C") and "Finding of Suitability to Lease for Carve-Out Areas 5, 6, 7, 8, 9, 10, and 11, Marine Corps Air Station Tustin, Tustin, California" dated April 26, 2002 ("FOSL No. 3"-Exhibit "D"). The FOSLs conclude that activities allowed under this Lease, if conducted in accordance with the restrictions contained therein, are consistent with protection of human health and the environment. Cognizant state and federal regulatory agencies have concurred. F. The Government has agreed to grant a lease in furtherance of and pending conveyance by deed for portions of MCAS Tustin to the Lessee pursuant to the Agreement and the Lessee has agreed to enter into this Lease. MUTUAL UNDERSTANDINGS NOW, THEREFORE, in consideration of the terms, covenants, and conditions hereinafter set forth, Government and Lessee hereby agree as follows: 1. LEASED PREMISES' Government does hereby lease, rent, and demise to Lessee in furtherance of and pending conveyance, and Lessee does hereby hire and rent from Government, the premises depicted in Exhibit "A-1" and described in Exhibit "A-2", both of which are attached hereto and made a part of this Lease, together with all improvements and all personal property thereon (hereinafter the "Leased Premises") together with right of ingress and egress to said Leased Premises. 2. TERM' 2.1. The term of this Lease shall be for the period of fifty (50) years beginning on the date of execution and ending on the earlier off (A) the __ day of ., 2052; or (B) the effective date of conveyance, for that portion of the Leased Premises conveyed to the Lessee (each such portion hereinafter referred to as "Conveyed Portion"), unless sooner terminated in accordance with the provisions of paragraph 2.2 or Article 14, Termination. 2.2. This Lease shall automatically terminate with respect to the applicable Conveyed Portion as if such date were the stated expiration date contained herein and neither party hereto shall have any further obligation under this Lease with respect to the Conveyed Portion (other 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 than any obligations which otherwise would survive termination of this Lease). All references to the Leased Premises shall be deemed to exclude such Conveyed Portions and this Lease shall continue in full force and effect with respect to the remainder of the Leased Premises. 3. CONSIDERATION' 3.1 As consideration for this Lease, Lessee agrees to provide protection and maintenance to the extent described in Article 12. Lessee may apply any revenue ( as defined herein) received from subleasing the Leased Premises to: reimburse Government for its reasonable costs incurred, if any, under paragraphs 3.1.1 and Articles 10 and 14, and as permitted by Article 11 of the Agreement. "Revenue" as referred to herein means rental income and any other miscellaneous income derived from the rental of real or personal property, excluding property tax, sales tax, use and occupancy tax, franchise tax and other miscellaneous taxes, building fees, planning fees, and inspection fees. Security deposits or other instruments to guarantee performance of sublessees, anticipated charges for utilities, common services and other purposes, regardless of how those deposits are denominated, shall also not be considered revenue. 3.1.1 Lessee shall reimburse Government for any costs incurred which are specifically attributable to an action (or inaction) of Lessee or sublessees. Government will advise Lessee of these costs on a monthly basis. 3.1.2 If Government anticipates incurring any costs which may be attributable to an action or inaction of the Lessee or its subleases, the Lessee and Government shall meet and confer on ways to avoid or mitigate such costs. 3.2 Consistent with standard accounting practices for tax purposes, Lessee shall keep adequate records and books of account showing the actual cost to it of all items of labor, material, equipment, supplies, services and other items of cost incurred by it directly in the performance of any item of work or service in connection with the repair, restoration, protection and maintenance of Leased Premises which is required by Article 12; or otherwise approved or directed by Government. Lessee shall provide Government with access to such records and books of account and proper facilities for inspection thereof during regular business hours of the Lessee. 4. USE OF LEASED PREMISES: 4.1 The sole purpose for which Leased Premises may be used, in the absence of prior written approval by Government for any other use, is for uses consistent with the Base Reuse Plan. 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4.2 Lessee shall not undertake any activity that may affect an identified historic or archeological property, without the approval of Government. In order for Government to grant such approval, it may be required to consult with the California State Historic Preservation Officer and, in some cases, with the Advisory Council on Historic Preservation in accordance with 36 CFR part 800 and the "Memorandum of Agreement Among the Department of the Navy, the California State Historic Preservation Officer, and the Advisory Council of Historic Preservation for the Disposal and Reuse of Marine Corps Air Station, Tustin" (the "Preservation Act Agreement"). To facilitate the approval process, Lessee shall prepare all documentation Government may request to enable it to comply with Section 106 of the National Historic Preservation Act. Buried cultural materials may be present on the premises. If such materials are encountered, Lessee shall stop work immediately and notify Government. 5. SUBLETTING: 5.1 Lessee may sublease Leased Premises without prior approval of Government, provided the sublease incorporates the terms of the Lease and does not include any provisions that are inconsistent with this Lease. Any proposed sublease, Which involves the use of hazardous or toxic materials, including those of an explosive, flammable, or pyrotechnic nature, as provided in 10 U.S.C.§ 2692, shall require prior Government approval. Such consent shall not be unreasonably withheld or delayed. Government will make every reasonable effort to make a determination under 10 U.S.C. § 2692 within thirty (30) days of the date it receives Lessee's request for Government's approval. Under no circumstance shall Lessee assign this Lease. 5.2 For purposes of Article 5 and this Lease, "sublease" shall include licenses, use and occupancy agreements, concession agreements and other similar agreements. 5.3 Any sublease granted by Lessee shall contain a copy of this Lease as an attachment and be subject to all terms and conditions of this Lease and shall terminate immediately upon the expiration or any earlier termination of this Lease, without any liability on the part of Government to Lessee or any sublessee. Under any sublease made, with or without consent, the sublessee shall be deemed to have assumed all of the obligations of Lessee under this Lease. No sublease shall relieve Lessee of any of its obligations hereunder. 5.4 Upon its execution, a copy of the sublease shall immediately be furnished to Government. Should conflict arise between the provisions of this Lease and a provision of the sublease, the provisions of this Lease shall take precedence. Any sublease shall not be taken or construed to diminish or enlarge any of the rights or obligations of either of the parties under this Lease 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 6. CONDITION OF PROPERTY: 6.1 Leased Premises shall be delivered to Lessee "AS IS", "WHERE IS." Government makes no warranty as to Leased Premises' usability generally or as to its fitness for any particular purpose. Any safety and/or health hazards identified shall be corrected, at Lessee's or sublessee's expense, prior to use and occupancy. 6.2 In the event this Lease is terminated pursuant to Article 14, Lessee is not obligated to restore improvements to the Leased Premises once those improvements have been demolished or to demolish improvements that have been completed during the term of this Lease. . ENVIRONMENTAL BASELINE SURVEY AND FINDING OF SUITABILITY TO LEASE: The executive summary of the Environmental Baseline Survey ("EBS") and the Findings of Suitability to Lease ("FOSLs") are attached hereto and made part hereof as Exhibits "B," "C," and "D," respectively. Copies of the EBS and FOSLs have been provided to Lessee and all documents referenced therein have been made available to Lessee. The FOSLs sets forth the basis for Government's determination that Leased Premises are suitable for leasing and the EBS describes the environmental condition of Installation. Lessee is hereby made aware of the notifications contained in the FOSLs and shall comply with the restrictions set forth therein. 8. ALTERATIONS: 8.1 Lessee shall not construct or make or permit its sublessees to construct or make any substantial alterations, additions, excavations, improvements to, installations upon or other modifications or alterations to the Leased Premises (collectively "Work"), including those which may adversely affect the cleanup, human health or the environment, without the prior written consent of Government. No prior written consent shall be required for Work described in Exhibit "E". All Work shall be done in a workmanlike manner and be subject to the requirements of the City of Tustin. 8.2 Lessee shall provide Government with prior written notification and a full description of all proposed Work on Leased Premises (other than work described in Exhibit "E"), including: information required by Government to comply with the National Environmental Policy Act (NEPA) and the Preservation Act Agreement, a projected schedule and cost thereof, and an analysis as to how and why such Work will or will not adversely affect the environmental cleanup of Leased Premises, human health or the environment. 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 9. ACCESS BY GOVERNMENT: 9.1 In addition to access required under Article 13, at all reasonable times throughout the term of this Lease, Government shall be allowed access to Leased Premises for any purposes upon notice to Lessee. Government normally will give Lessee or any sublessee forty-eight (48) hour prior notice of its intention to enter Leased Premises, unless it determines the entry is required for safety, environmental, operations or security purposes. Lessee shall have no claim on account of any entries against Government or any officer, agent, employee, contractor or subcontractor of Government. All keys to the buildings and facilities occupied by Lessee or any sublessee shall be made available to Government upon request. Any access by Government will take into consideration its obligations under Article 34. 9.2 Government has reserved an easement for access and for the provision of utilities to Parcels 23 and 24, over property adjacent to Leased Premises which was conveyed to Lessee by deed contemporaneously with the execution of this Lease. Access for Parcels 23 and 24 is provided from Red Hill Avenue, east along Moffett Drive to its intersection with Severyns Road, and thence north along the western boundary of Parcel 24 to Parcel 23. To the extent that access and the provision of utilities is required across the Leased Premises consistent with paragraph 27.2 of this Lease, Government shall have a non-exclusive right to use that portion of said streets crossing the Leased Premises for access, including but not limited to vehicular access to said parcels by users, employees, contractors, delivery services, vendors, maintenance and ancillary service providers for the activities and improvements now or hereafter located thereon, and a right to install, maintain, operate, replace, and repair active existing utility distribution systems owned and operated by the Lessee, including, but not limited to, water, electricity, and for storm water drainage and sewerage, and new electrical and water utility distribution systems not owned by utility service providers across the Leased Premises as described above. Lessee may provide an alternative means of access or utility provision across other streets which Government determines to be equally convenient. 9.3 The Government shall be responsible for direct costs on the Leased Premises related to the maintenance, operation, replacement, or repair of existing utility distribution systems or installation of new utility distribution systems. Any and all damage to Leased Premises and to existing utility distribution systems resulting from activities of Government pursuant to this paragraph shall be repaired by Government at no expense to Lessee and the Leased Premises shall be restored to its pre-construction condition. In the event of any death or injury to any person, or the loss of or damage to any property caused by officers, employees, or contractors of the United States in connection with the modification, maintenance, or operation of existing utility systems or installation of new utility distribution systems by the Government on the Leased premises or in the event of any legal or equitable action instituted against the United States, the liability, if any, of the United States will be determined n accordance with the applicable provisions of the Federal Tort Claims Act (28 U.S.C. Sections 2671-2680). The Government shall ensure that any Government contractor involved in modification, maintenance, 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 or operation of existing utility systems or installation of new utility distribution systems by the Government on the Leased Premises shall obtain Comprehensive General Liability Insurance which will name the Lessee as an additional insured party. 10. UTILITIES AND SERVICES: 10.1 Procurement of utilities, i.e., electricity, water, gas, steam, sewer, telephone and trash removal shall be the sole responsibility of Lessee. 10.2 Should utility services be required by Govemment, in connection with environmental contracts, maintenance, or other Govemment requirements within Leased Premises, the Lessee shall work to facilitate the provision of utilities and services as provided in Article 35 of the Agreement. In the event that Lessee shall fumish Government with any utilities maintained by Lessee, which Govemment may require, Govemment shall reimburse Lessee at a rate equitably related to the cost incurred by the Lessee in providing such services or utilities, or the costs incurred by the Lessee, where the Lessee purchases such services or utilities from a third party provider. If the Lessee is unable to locate a utility provider willing to take over the system pursuant to Article 34 of the Agreement, and if the Lessee undertakes to operate such system and subsequently determines to cease such operations and disconnect service, the Lessee shall provide the Government with a minimum of four (4) weeks prior notice prior to disconnection. In the event such disconnection will result in the termination of utility service necessary to ensure the continuity of ongoing environmental clean-up, restoration, or testing activities by the Government or regulators as provided in Article 11 of this Lease, and the Govemment is unable to procure an altemate source of such utilities within the notice period, Lessee shall, to the maximum extent practicable, work with the Government and utility service providers to facilitate the provision of an alternate source of such utilities. In order to prevent such an event, The Government and Lessee agree to coordinate, to the maximum extent practicable, the scheduling and conduct of the Government's environmental clean-up, restoration, and testing activities and Lessee's redevelopment activities on the Leased Premises. 11. NON-INTERFERENCE WITH GOVERNMENT OPERATIONS: Lessee shall not conduct operations that would interfere with or otherwise restrict operations, environmental clean-up or restoration actions by Government, United States Environmental Protection Agency ("EPA"), state environmental regulators, or their contractors. Environmental clean-up, restoration or testing activities by these parties shall take priority over Lessee's use of Leased Premises in the event of any conflict. Notwithstanding that priority, the Government shall make every reasonable effort to work with the Lessee, to provide reasonable and timely notification of all Government operations that may interfere with Lessee and sublessees' operations and to minimize potential conflicts between necessary remediation of environmental contamination and Lessee's and sublessees' use of Leased premises. 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 12. PROTECTION AND MAINTENANCE SERVICES: 12.1 Government shall not be required to furnish any services or facilities to Lessee or to make any repair or alteration in or to Leased Premises. Lessee hereby assumes the full and sole responsibility for the protection, maintenance and repair of Leased Premises upon such standards that Lessee determines appropriate and reasonable. 12.2 During the term of this Lease, debris, trash and other useless materials not generated by Government shall be promptly removed from Leased Premises. 12.3 Lessee shall provide or cause to be provided all security services necessary to assure security and safety within Leased Premises. Any crimes or other offenses, including traffic offenses and crimes and offenses involving damage to or theft of Government property, shall be reported to the appropriate authorities for their investigation and disposition and to Government as property owner. 12.4 Lessee shall take or cause to be taken, all reasonable fire protection precautions at Leased Premises consistent with the level of use on the property. 13. ENVIRONMENTAL PROTECTION PROVISIONS: 13.1 Lessee, sublessees and contractors shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to Lessee's activities on Leased Premises. 13.2 Lessee or any sublessee shall be solely responsible for obtaining at its cost and expense any environmental permits required for its operations under the Lease, independent of any existing permits held by Government. Lessee shall provide prior written notice to the Government of any environmental permit applications required for any of Lessee's or sublessee's operations which the Lessee or any sublessee proposes to submit to a regulatory agency. Lessee acknowledges that Government will not consent to being named a secondary discharger or co- permittee for any operations or activities of the Lessee or any sublessee under the Lease. In the event Government is named as a secondary discharger or co-permittee for any activity or operation of the Lessee or any sublessee, Government shall have the right to take reasonable actions necessary to prevent, suspend, or terminate such activity or operation, including terminating this Lease, without liability or penalty. 13.3 Government's rights under this Lease specifically include the right for Government officials to inspect upon reasonable notice Leased Premises for compliance with environmental, safety and occupational health laws and regulations, whether or not Government is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make such inspections. Government normally will give 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Lessee or sublessee forty-eight (48) hours prior notice of its intention to enter Leased Premises unless it determines the entry is required for safety, environmental, operations or security purposes. Lessee shall have no claim on account of any entries against the United States or any officer, agent, employee, contractor or subcontractor thereof. 13.4 Government, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) of 1980 as amended, and the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) pursuant to the Resource Conservation and Recovery Act ("RCRA"), have entered into a Federal Facilities Site Remediation Agreement ("FFSRA") for MCAS Tustin. Lessee acknowledges that Government has provided it with a copy of the FFSRA and agrees that should any conflict arise between the terms of the FFSRA as it presently exists or may be amended and the provisions of this Lease, the terms of the FFSRA will take precedence. Lessee further agrees that notwithstanding any other provision of this Lease, Government assumes no liability to Lessee or its sublessees should implementation of the FFSRA interfere with Lessee's or any sublessee's use of Leased Premises. Lessee shall have no claim on account of any such interference against the United States or officer, agent, employee, contractor or subcontractor thereof, other than for abatement of rent, where applicable. 13.5 Government, EPA, DTSC, and the state, its officers, agents, employees, contractors and subcontractors, have the right, upon reasonable notice to Lessee and/or any subleases, to enter upon Leased Premises for the purposes enumerated in this subparagraph and for such other purposes consistent with any provisions of the cleanup program (including but not limited to the BRAC Cleanup Plan, IRP, or FFSRA): 13.5.1 to conduct investigations and surveys, including, where necessary, drilling, soil and water sampling, test-pitting, testing soil borings and other activities related to the cleanup program; 13.5.2 to inspect field activities of Government and its contractors and subcontractors in implementing the cleanup program; 13.5.3 to conduct any test or survey required by EPA, or DTSC relating to the implementation of the cleanup program; 13.5.4 to construct, operate, maintain or undertake any other response or remedial action as required or necessary under the cleanup program, including but not limited to monitoring wells, pumping wells and treatment facilities. 13.6 Lessee shall comply with the provisions of any health or safety plan in effect under the IRP or the FFSRA during the course of any of the above described response or remedial actions. Any inspection, survey, investigation or other response or remedial action will, 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 1 to the extent practicable, be coordinated with representatives designated by Lessee and any 2 sublessee. Lessee and sublessee shall have no claim on account of such entries against the 3 United States or any officer, agent, employee, contractor or subcontractor thereof. In addition, 4 Lessee shall comply with all applicable federal, state and local occupational safety and health 5 regulations. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 13.7 In the event of any sublease of Leased Premises, Lessee shall provide to U.S. EPA and California EPA, DTSC by certified mail at the address shown below, a copy of the agreement or sublease of Leased Premises (as the case may be) within fourteen (14) calendar days after the effective date of such transaction. Lessee may delete the financial terms and any other proprietary information from the copy of any agreement of sublease furnished pursuant to this condition. Jennifer Rich, Remedial Project Manager, California EPA, DTSC Office of Military Affairs 5796 Corporate Avenue Cypress, CA 90630 James Ricks, Project Manager US EPA, (SFD-H-8), Region IX 75 Hawthorne Street San Francisco, CA 94105 13.8 Lessee shall strictly comply with the hazardous waste permit requirements under the Resource Conservation and Recovery Act and its applicable state equivalent. Except as specifically authorized by Government in writing, Lessee must provide at its own expense such hazardous waste management facilities complying with all laws and regulations. Government hazardous waste management facilities will not be available to Lessee. Government EPA identification numbers shall not be used by Lessee. Any violation of the requirements of this condition shall be deemed a material breach of this Lease. 13.9 The Installation accumulation points for hazardous and other waste will not be used by Lessee or any sublessee. Neither will Lessee or sublessee permit its hazardous wastes to be commingled with hazardous waste of the Installation. 13.10 Prior to commencement of operations on Leased Premises, Lessee shall have a Government-approved plan for responding to hazardous waste, fuel and other chemical spills caused by the Lessee or its sublessees. The contingency plan shall be consistent with the provisions of California Code of Regulations, Title 22, Chapter 15, Article 4 beginning with Section 66265.50. Such plan shall be independent of the Installation plan and, except for initial fire response and/or spill containment, shall not rely on use of Installation personnel or equipment. Should Government provide any personnel or equipment whether for initial fire 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 response and/or spill containment, or otherwise on request of Lessee, or because Lessee was not, in the opinion of Government, conducting timely cleanup actions, Lessee agrees to reimburse Government for its costs in association with such response or cleanup. 13.11 Lessee shall not conduct or permit its sublessees to conduct any subsurface excavation, digging, drilling or other disturbance of the surface without the prior written approval of Government. Government shall make every effort to make a decision within 30 calendar days of the date it receives Lessee's request for approval. The parties recognize that the Lessee or its sublessees may desire to conduct, at their own expense, certain investigations at the Leased Premises to evaluate environmental conditions. Lessee shall provide Government with a work plan for the performance of any environmental subsurface excavation, digging, drilling, or other disturbance of the surface for review and approval at least 30 days prior to commencing any such work on the Leased Premises. The Government's review and approval shall be limited to the health and safety plans, consistency with the FOSL, and ensuring, to the maximum extent practicable, that the investigations not cause or aggravate releases of hazardous substances at the Leased Premises. Government reserves the right to impose reasonable conditions on its approval. 13.12 The presence of known asbestos and ACM, LBP or PCBs is identified in the FOSLs, attached as Exhibit "C" and "D". 13.12.1 If Lessee intends to make any improvements or repairs that require the disturbance of or the removal of asbestos or ACM, an appropriate asbestos disposal plan must be incorporated into the plans and specifications required under Article 8 and submitted to Government. The asbestos disposal plan will identify the proposed disposal site for the asbestos, or in the event the site has not been identified, will provide for disposal at a licensed facility authorized to receive asbestos and ACM. If the Lessee intends to make any improvements or repairs that require the removal of LBP or PCBs, prior written approval must be obtained from Government. Lessee shall manage the asbestos and ACM, LBP and PCPs in accordance with federal, state and local laws. 13.12.2 Lessee shall be responsible for monitoring the condition of existing asbestos and ACM on Leased Premises for deterioration or damage and accomplishing repairs or abatement pursuant to the applicable conditions of this Lease. Asbestos and ACM which during the period of this Lease becomes accessible, damaged, or deteriorated through the passage of time, as the result of a natural disaster or as a consequence of Lessee's activities under this Lease including but not limited to any emergency, will be abated by Lessee. Lessee may choose the most economical means of abatement available. Notwithstanding paragraph 13.12.1 above, in an emergency, Lessee will notify Government as soon as practicable of its emergency asbestos or ACM responses. 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 13.12.3 Lessee shall be responsible for monitoring the condition of existing LBP on Leased Premises for deterioration or damage and accomplishing repairs or abatement pursuant to the applicable conditions of this Lease. LBP which during the period of this Lease becomes damaged or deteriorated through the passage of time, as the result of a natural disaster or as a consequence of Lessee's activities under this Lease including but not limited to any emergency, will be abated by Lessee. Lessee may choose the most economical means of abatement available. Notwithstanding paragraph 13.12.1 above, in an emergency, Lessee will notify Government as soon as practicable of its emergency LBP responses. 13.13 Lessee shall indemnify and hold harmless Government from any costs, expenses, liabilities, fines or penalties resulting from discharges, emissions, spills, storage or disposal caused or created by Lessee's occupancy, use or operations, or any other action by Lessee or any sublessee giving rise to Government liability, civil or criminal, or any other action by Lessee or any sublessee giving rise or responsibility under federal, state or local environmental laws. Lessee's obligations hereunder shall apply whenever Government incurs costs or liabilities for Lessee's activities or activities of any sublessee as provided hereunder. This provision shall not apply to the extent that claims, demands, actions, proceedings, losses, liens, costs and judgments (including fines and penalties) are caused or created by concurrent active or sole negligence of the Government, its officers, agents, employees, or contractors. This provision shall survive the expiration or termination of the Lease. 13.14 Storage, treatment or disposal of toxic or hazardous materials on Leased Premises is prohibited except as authorized by Government in accordance with 10 U.S.C. § 2692. 13.15 The responsibility of Government to indemnify and hold harmless the Lessee and any sublessees against toxic torts and other environmental claims shall be in accordance with Public Law 102-484, Section 330, as amended. 13.16 Lessee and sublessees shall not use or access groundwater, and shall not disturb or cause to be disturbed monitoring wells and equipment described in Exhibit "G" without prior approval pursuant to paragraph 13.11. 13.17 Radiological Survey. Access to and occupancy of the Nuclear Biological and Chemical (NBC) unit of Building 29 and Buildings 190, 556, and the drum storage area adjacent to Building 556 is prohibited pending the results of radiological surveys being conducted by Government. Government and regulatory agencies with jurisdiction shall review the results of the surveys and determine whether or not to release these prohibitions based upon the results of the survey. If the prohibitions are released, Government shall complete a Lease Restriction Revision Form in the form set forth in Exhibit H. 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 13.18 Asbestos Containing Material ("ACM"). The Lessee shall comply with the restrictions upon access to, use, and occupancy of the buildings and structures on the Leased Premises set forth for ACM in FOSLs Nos. 2 and 3 (Exhibits "C" and "D") which are incorporated by reference as an enforceable part of this Lease as provided in Article 7 of this Lease. 13.19 Indoor Air Quality. a. Existing Buildings and Structures: Access to and occupancy of Buildings 3, 4, 13, 26, 49, 86, 87, 88, 165, 166, 167, 168, 185, 189, 199, 219, 250, 300, 303, 505, 506, 509, 547, and 556 is prohibited for each of these buildings until such time as the Lessee or its sublessees: a) conducts air monitoring within the building following all federal, state and local regulatory requirements to determine the suitability of air quality relative to the proposed use of the particular building, b) submits an indoor air report to the Government, DTSC, USEPA, and RWQCB for review, and c) obtains the concurrence of the Government, DTSC, USEPA, and RWQCB that restrictions for indoor air quality are no longer necessary for the building and a Lease Restriction Revision Form is completed. Lessee or its sublessees is permitted to demolish and remove existing buildings that may be affected by impairments to air quality, notwithstanding any other restriction on use or occupancy of such buildings and structures. Such existing buildings and structures are not considered a component of any response or remedial action under any environmental law or regulation. b. New Buildings and Structures: Lessee or its sublessees may construct new buildings or structures in areas affected by groundwater plumes and soil contamination as described in FOSLs No. 2 (Exhibit "C") and No. 3 (Exhibits "D")(Carve Out (CO) areas CO-l, CO-2, CO-3, CO-5, CO-7, CO-8, CO-9, CO-10 and CO-Il as impacted by IRP-6, IRP-8, IRP-11, IRP-13S, IRP-13W, IRP-16, IRP-1, IRP-5S(a), IRP-SN, IRP-5S(b), the mingled plume area (related to various AOCs), the MTBE plume (related to UST 222), the area impacted by AST-194A and B, AST-16A and B and Mooring Pads 4 and 5) subject to prior approval under paragraph 8.1 of this Lease. Access to and occupancy of such new buildings and structures constructed after the effective date of this lease is prohibited until such time as the Lessee or its sublessees: a) conduct air monitoring within the building following all federal, state and local regulatory requirements to determine the suitability of air quality relative to the proposed use of the particular building, b) submits an indoor air report to the Government, DTSC, USEPA, and RWQCB for review, c) obtains the concurrence of the Government, DTSC, USEPA, and RWQCB that no restrictions on access to and occupancy of the particular building are necessary. Such construction shall not be considered a component of any response or remedial action under any environmental law or regulation within the context of this Lease. 13.20. Lead Based Paint ("LBP"). 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1 a. Buildings and Structures Built Prior to 1978 Proposed for Reuse: Buildings 2, 2 3, 86, 87, 88, 134, 159, 165, 166, 167, 168, 199, 300, and Structures 77 and 160 are proposed for 3 reuse. They may be used for residential use or child-occupied facilities only after the Lessee or 4 its sublessees conduct the necessary LBP surveys and abatement in accordance with all local, 5 state, and federal requirements. Residential or child-occupied use of these buildings/structures must be approved by Government, DTSC, USEPA, and RWQCB. b. Buildings and Structures Built Prior to 1978 and tentatively Proposed for Demolition or "To Be Determined": Buildings 4, 10G, 13, 26, 27, 29, 29A, 40B, 49, 174, 175, 185, 186, 187, 189, 190, 219, 212, 303, 306, and 3000T and Structures 11, 12, 149, 230, 233, 238, 240, 608, and 609, are tentatively proposed for demolition or their use is yet to be determined. They may be used for residential use or child-occupied facilities only after the necessary LBP surveys and abatement are conducted by Lessee or its sublessees in accordance with all local, state, and federal requirements. Residential or child-occupied use of these buildings/structures must be approved by Government, DTSC, USEPA, and RWQCB. In the event of demolition, the Lessee or its sublessees shall be responsible for ensuring that any demolition of buildings/structures is in accordance with applicable local, state, and federal regulatory requirements. In the event demolition occurs, the Lessee or its sublessees shall be responsible for conducting post-demolition soil sampling and any necessary abatement of soil lead hazards related to the demolition prior to occupancy of any newly constructed buildings at the above listed building/structure locations. 13.21. Historic Preservation. The restrictions set forth in the Memorandum of Agreement dated December 16, 1999 that are described in FOSL No. 3 (Exhibit "D") apply to Buildings 29 and 29A within the Leased Premises. The Lessee or its sublesees shall comply with those restrictions. 13.22. Wetlands. The Lessee shall comply with Section 404 of the Clean Water Act prior to any development that may impact the wetland areas within Carve-out Areas CO-7 and CO-9 as described in FOSL No. 3 (Exhibit "D"). 14. TERMINATION: 14.1 Government shall have the right to terminate this Lease, in whole or in part, without liability, upon thirty (30) calendar days notice in the event of: 14.1.1 a national emergency as declared by the President or the Congress of the United States; or 14.1.2 a breach by Lessee of any terms and conditions hereof. In the event of a breach involving the performance of any obligation, Lessee shall be afforded sixty (60) calendar days from the receipt of Government's notice of intent to terminate to com'31ete 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 the performance of the obligation or otherwise cure the subject breach and avoid termination of this Lease, unless Government determines that a shorter period is required for safety, environmental, operations or security purposes. In the event that Government shall elect to terminate this Lease on account of the breach by Lessee of any of the terms and conditions, Government shall be entitled to recover and Lessee shall pay to Government: Premises. 14.1.2.1 The costs incurred in reacquiring possession of Leased 14.1.2.2 The costs incurred in performing any obligation on the part of Lessee to be performed hereunder. 14.1.2.3 An amount equal to the aggregate of any maintenance obligations and charges assumed hereunder and not paid or satisfied, which amounts shall be due and payable at the time when such obligations and charges would have accrued or become due and payable under this Lease. 14.1.3 Government making a final decision regarding disposal of Leased Premises that is inconsistent with continued use thereof by Lessee under this Lease. 14.1.4 Failure of Lessee to accept conveyance of a part of the Leased Premises (Parcel) within thirty (30) days following Government notice to Lessee that it has executed the FOST and tendered a deed for such Parcel. 14.2 Lessee shall have the right to terminate this Lease upon thirty (30) calendar days written notice to Government in the event of a breach by Government of any of the terms and conditions hereof. In the event of a breach involving the performance of any obligation by the Government, the Government shall be afforded sixty (60) calendar days from the receipt of Lessee's notice of intent to terminate to complete performance of the obligation or otherwise cure the subject breach and avoid termination of this Lease. Lessee shall also have the right to terminate this Lease in the event of damage to or destruction of all of the improvements on Leased Premises or such a substantial portion thereof as to render Leased Premises incapable of use for the purposes for which it is Leased hereunder, provided: 14.2.1 Government either has not authorized or directed the repair, rebuilding or replacement of the improvements or has made no provision for payment for such repair, rebuilding or replacement by application of insurance proceeds or otherwise; and 14.2.2 That such damage or destruction was not occasioned by the fault or negligence of Lessee or any of its officers, agents, servants, employees, sublessees, 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 licensees or invitees, or by any failure or refusal on the part of Lessee to fully perform its obligations under this Lease. 14.3 Lessee shall have the right to terminate this lease by written notice to Government, given at any time: 14.3.1 If Government requires Lessee to vacate all or a substantial portion of Leased Premises pursuant to Article 15 of this Lease for a period in excess of five (5) calendar days. Lessee may terminate this Lease by written notice to Government given at any time while Lessee shall continue to be denied use of all or a substantial portion of Leased Premises. Lessee shall thereafter surrender possession of Leased Premises within fifteen (15) calendar days of such notice. 14.3.2 In the event that entry by Government on Leased Premises is necessary for the purposes of remedial or corrective action, and such activity substantially interferes with the use or sublease of all or a substantial part of Leased Premises for a period of more than five (5) consecutive calendar days. Lessee may terminate this Lease by written notice to Government given at any time while Lessee shall continue to be denied use of all or a substantial portion of Leased Premises. Lessee shall thereafter surrender possession of Leased Premises within fifteen (15) calendar days of such notice. 14.3.3 In the event of breach by Government of the Agreement, provided, that in the event of a breach involving the performance of any obligation by the Government, the Government shall be afforded sixty (60) calendar days from the receipt of Lessee's notice of intent to terminate to complete performance of the obligation or otherwise cure the subject breach and avoid termination of this Lease. 15. ENVIRONMENTAL CONTAMINATION: In the event environmental contamination is discovered on Leased Premises which creates, in Government's determination, an imminent and substantial endangerment to human health or the environment which necessitates evacuation of Leased Premises, and notwithstanding any other termination rights and procedures contained in this Lease, Lessee shall vacate or require any sublessee to vacate Leased Premises immediately upon notice from Government of the existence of such a condition. Exercise of this right by Government shall be without liability, except that Lessee shall not be responsible for the payment of consideration, the amount of deduction to be determined on a daily pro-rata basis, during the period Leased Premises is vacated. Government's exercise of this right herein to order Leased Premises immediately vacated does not alone constitute a termination of the Lease, but such right may be exercised in conjunction with any other termination rights provided in this Lease or by law. 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 16. NON-ENVIRONMENTAL INDEMNIFICATION BY LESSEE: Lessee shall at all times relieve, indemnify, protect, defend and hold harmless the United States of America, and all of its officers, agents and employees from any and all claims and demands, actions, proceedings, losses, liens, costs and judgments of any kind and nature whatsoever, including expenses incurred in defending against legal actions, for death or injury to persons or damage to property and for civil fines and penalties arising or growing out of, or in any manner connected with, the occupation or use of the Leased Premises by Lessee and the employees, agents, servants, guests, invitees, contractors and sublessees of Lessee. These include, but are not limited to, any fines, claims, demands and causes of action of every nature whatsoever which may be made upon, sustained or incurred by Government by reason of any breach, violation, omission or non-performance of any term, covenant or condition hereof on the part of Lessee or the employees, agents, servants, guests, invitees and sublessees of Lessee. However, this indemnity shall not extend to damages due to the sole fault or negligence of Government or its contractors. This covenant shall survive the termination of this Lease for any injury or damage occurring after the commencement of term of the Lease. 17. INSURANCE: 17.1 Except to the extent of the Government's obligation to indemnify pursuant to Public Law 102-484, Section 330, as amended, the Lessee shall bear all risk of loss or damage to the Leased Premises, and for claims arising from any incident with respect to bodily injuries or death resulting therefrom, property damage or both, suffered or alleged to have been suffered by any person or persons resulting from the operations of Lessee, sublessees, contractors and invitees under the terms of this Lease. 17.2 Based upon Lessee's written representation regarding its financial capacity to be self insured and its request for waiver, Government hereby waives its requirements for insurance insofar as Lessee is concerned, but not with respect to any sublessee. Notwithstanding this waiver, the parties recognize that Lessee presently carries excess public liability coverage for claims of $250,000 or more. Lessee shall provide the excess coverage in an amount not less than the minimum combined single limit of $5,000,000. Lessee shall furnish to Government a certificate of insurance consistent with the requirements of paragraph 17.6, evidencing such excess coverage. The minimum amount of liability insurance coverage is subject to revision by Government upon renewal or modification of this Lease. 17.3 As to those structures and improvements on Leased Premises constructed by or owned by Government, Lessee or its sublessees shall procure and maintain from a reputable insurance company or companies, at Lessee's or sublessee's expense, a standard fire and extended coverage insurance policy or policies on Leased Premises in the minimum amount of $1,000,000, but not less than the amount required to demolish damaged or destroyed structures and improvements, remove debris and clear Leased Premises. The insurance policy shall provide 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 that in the event of loss thereunder, the proceeds of the policy or policies, at the election of Government, shall be payable to Lessee to be used solely for the demolition of damaged or destroyed structures and improvements, removal of debris and clearance of Leased Premises, or for repair, restoration or replacement of the property damaged or destroyed. Any balance of the proceeds not required for such purposes shall be paid to Government. If Government does not elect, by notice in writing to the insurer within thirty (30) calendar days after the damage or destruction occurs, to have the proceeds paid to Lessee for the purposes hereinabove set forth, then such proceeds shall be paid to Government, provided however that the insurer, after payment of any proceeds to Lessee in accordance with the policy or policies, shall have no obligation or liability with respect to the use or disposition of the proceeds. Nothing herein contained shall be construed as an obligation upon Government to repair, restore or replace Leased Premises or any part thereof. 17.4 If and to the extent required by law, Lessee shall provide workers' compensation or similar insurance in form and amounts required by law. 17.5 During the entire period this Lease shall be in effect Lessee shall require its contractors or sublessees or any contractor performing work at Lessee's or sublessee's request on Leased Premises to carry and maintain the insurance required below: 17.5.1 Comprehensive general liability insurance in an amount not less than $1,000,000 with respect to personal injury or death, and for property damage. 17.5.2 Worker's compensation or similar insurance in form and amounts required by law. 17.6 All insurance which this Lease requires Lessee or sublessee to carry and maintain or cause to be carded or maintained shall be in such form, for such periods of time, and with such insurers as Government may reasonably require or approve. All policies or certificates issued by the respective insurers for public liability and property insurance will be issued in conjunction with the use of property described in this Lease and will name Government as an additional insured; provide that any losses shall be payable notwithstanding any act or failure to act or negligence of Lessee or Government or any other person; provide that no cancellation, reduction in amount or material change in coverage thereof shall be effective until at least thirty (30) calendar days after receipt by Government of written notice thereof; provide that the insurer shall have no right of subrogation against Government; and be reasonably satisfactory to Government in all other respects. In no circumstances will Lessee be entitled to assign to any third party, rights of action, which Lessee may have against Government. 17.7 Lessee and sublessees shall deliver or cause to be delivered promptly to Government a certificate of insurance evidencing the insurance required by this Lease and shall 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 also deliver prior to expiration of any such policy, a certificate of insurance evidencing each renewal policy covering the same risks. 18. LABOR PROVISION: During the term of this Lease, Lessee agrees as follows: 18.1 Lessee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Lessee shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training, including apprenticeship. Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Government setting forth the provisions of this nondiscrimination clause. 18.1.1 Lessee shall, in all solicitations or advertisements for employees placed at Leased Premises by or on behalf of Lessee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 18.1.2 Lessee shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided by Government, advising the labor union or worker's representative of Lessee's commitments under this equal opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 18.1.3 Lessee shall comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor. 18.1.4 Lessee shall furnish all information and reports required by Executive order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records and accounts by Government and the Secretary of Labor for purposes of investigating to ascertain compliance with such rules, regulations and orders. 18.1.5 In the event of Lessee's noncompliance with the equal opportunity clause of this Lease or with any of said rules, regulations or orders, this Lease may be canceled, terminated or suspended in whole or in part and Lessee may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended by Executive order 11375 of October 13, 1967, and such other 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law. 18.1.6 Lessee will include the above provisions in every sublease unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, so that such provisions will be binding upon each sublessee. Lessee will take such action with respect to any sublessee as Government may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event Lessee becomes involved, or is threatened with litigation with sublessee as a result of such direction by Government, Lessee may request the United States to enter into such litigation to protect the interest of the United States. 18.2 This Lease, to the extent that it is a contract of a character specified in the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) and is not covered by the Walsh-Healy Public Contracts Act (41 U.S.C. 35-45), is subject to the following provisions and exceptions of said Contract Work Hours and Safety Standards Act and to all other provisions and exceptions of said law. 18.2.1 Lessee shall not require or permit any laborer or mechanic in any workweek in which he is employed on any work under this Lease to work in excess of 40 hours in such work week on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of 40 hours in such work week. The "basic rate of pay", as used in this clause, shall be the amount paid per hour, exclusive of Lessee's contribution or cost for fringe benefits and any cash payment made in lieu of providing fringe benefits or the basic hourly rate contained in the wage determination, whichever is greater. 18.2.2 In the event of any violation of the provision of paragraph 18.2.1, Lessee shall be liable to any affected employee for any amounts due, and to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph 18.2.1 in the sum of ten $10.00 for each calendar day on which such employee was required or permitted to be employed on such work in excess of the standard work week of 40 hours without payment of the overtime wages required by paragraph 18.2.1. 18.3 In connection with the performance of work required by this Lease, Lessee agrees not to employ any person undergoing a sentence of imprisonment unless the utilization of prisoners is in conformity with the provisions of Executive Order 11755. 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 19. SUBMISSION OF NOTICES: No notice, order, direction, determination, requirement, consent or approval under this Lease shall be of any effect unless in writing. All correspondence, notices and claims concerning this Lease shall be directed to the addresses set out below or to such addresses as may from time to time be given by the parties. Such correspondence, notices and claims may be delivered by hand, express delivery, overnight courier or by prepaid registered or certified mail, return receipt requested. If to Government: Real Estate Contacting Officer Southwest Division, Naval Facilities Engineering Command 1220 Pacific Highway San Diego, CA 92132-5190 If to Lessee: City of Tustin Attn: Christine Shingleton, Assistant City Manager 300 Centennial Way Tustin, CA 92780 With a Copy to: George R. Schlossberg, Esq. Kutak Rock, LLP 1101 Connecticut Avenue, N.W. Washington, D.C. 20036 The individuals so designated above shall be the representatives of the parties and the points of contact during the period of this Lease, unless otherwise indicated by written notice of an individual party to the Lease to each party to the Lease. 20. AUDIT: This Lease shall be subject to audit by any and all cognizant Government agencies. Lessee shall make available to such agencies for use in connection with such audits all records that it maintains with respect to this Lease and copies of all reports required to be filed hereunder. Government shall provide to Lessee reasonable documentation for all billings and assessments for costs incurred, and for any other Government demands for payment. In no event shall the provisions of this Article be construed to authorize or require the disclosure of 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 documents protected from disclosure by the attorney-client privilege, or any other document, the confidentiality of which is protected by state or federal law. 21. AGREEMENT' This Lease shall not be modified unless in writing and signed by both parties. No oral statements or representation made by, for or on behalf of either party shall be a part of this Lease. Should a conflict arise between the provisions of this Lease and any exhibit hereto, or any other agreement between Government and Lessee, the provisions of this Lease shall take precedence. Government and Lessee agree to review the terms of this Lease should either party request an amendment to the Lease. 22. FAILURE TO INSIST ON COMPLIANCE: The failure of Government to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this Lease shall not be construed as a waiver or relinquishment of Government's right to the future performance of any such terms, covenants or conditions and Lessee's obligations in respect to such future performance shall continue in full force and effect. 23. DISPUTES: 23.1 This Lease is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613) (the Act). 23.2 Except as provided in the Act, all disputes arising under or relating to this Lease shall be resolved under this clause. 23.3 "Claim", as used in this clause, means a written demand or written assertion by Lessee or Government seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of Lease terms, or other relief arising under or relating to this Lease. A claim arising under this Lease, unlike a claim relating to this Lease, is a claim that can be resolved under a Lease clause that provides for the relief sought by the claimant. However, a written demand or written assertion by Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by paragraph 23.4. below. A voucher, invoice or other routine request for payment that is not in dispute when submitted, is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. "Command" used in this clause means the Southwest Division, Naval Facilities Engineering Command. 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 23.4 A claim by Lessee shall be made in writing and submitted within six (6) years after accrual of the claim, to the Command, for a written decision. A claim by Government against Lessee shall be subject to a written decision by the Command. 23.4.1 Lessee shall provide the certification specified in paragraph 23.4.3 of this clause when submitting any claim: 23.4.1.1 Exceeding $100,000; or 23.4.1.2 Regardless of the amount claimed, when using: 23.4.1.2.1 Arbitration conducted pursuant to 5 U.S.C. 575-580; or 23.4.1.2.2 Any other alternative means of dispute resolution (ADR) technique that the agency elects to use in accordance with the Administrative Dispute Resolution Act (ADRA). 23.4.2 The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. 23.4.3 The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which Lessee believes Government is liable; and that I am duly authorized to certify the claim on behalf of Lessee." 23.4.4 The certification may be executed by any person duly authorized to bind Lessee with respect to the claim. 23.5 For Lessee claims of $100,000 or less, the Command, must, if requested in writing by Lessee, render a decision within 60 calendar days of the request. For Lessee-certified claims over $100,000, the Command, must, within 60 calendar days, decide the claim or notify Lessee of the date by which the decision will be made. 23.6 The Command's decision shall be final unless Lessee appeals or files a suit as provided in the Act. 23.7 At the time a claim by the Lessee is submitted to Command or a claim by Government is presented to Lessee, the parties, by mutual consent, may agree to use ADR. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to employ in accordance with the ADRA, any claim, regardless 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 of amount, shall be accompanied by the certification described in paragraph 23.4.3 of this clause, and executed in accordance with paragraph 23.4.4 of this clause. 23.8 Government shall pay interest on the amount found due and unpaid by Government from (1) the date the Command receives the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Command initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during which the Command receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. 23.9 Lessee shall proceed diligently with the performance of Lease, pending final resolution of any request for relief, claim, appeal or action arising under Lease, and comply with any decision of the Command. 24. COVENANT AGAINST CONTINGENT FEES: Lessee warrants that no person or agency has been employed or retained to solicit or secure this Lease upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by Lessee for the purpose of securing business. For breach or violation of this warranty, Government shall have the right to annul this Lease without liability or in its discretion, to require Lessee to pay, in addition to the rental or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 25. LIENS: Lessee shall promptly discharge or cause to be discharged any valid lien, right in rem, claim or demand of any kind, except one in favor of Government, which at any time may arise or exist with respect to the Leased Property or materials or equipment furnished therefor, or any part thereof, and if the same shall not be promptly discharged by Lessee, or should Lessee or sublessee be declared bankrupt or make an assignment on behalf of creditors, or should the Leasehold estate be taken by execution, Government reserves the right to take immediate possession without any liability to Lessee or any sublessee. Lessee and any sublessee shall be responsible for any costs incurred by Government in securing clear title to its property. 26. TAXES: Lessee shall pay to the proper authority, when and as the same become due and payable, all taxes, assessments and similar charges which, at any time during the term of this Lease, may be imposed upon Lessee with respect to Leased Premises. Title 10 United States Code, Section 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 2667(e) contains the consent of Congress to the taxation of Lessee's interest in Leased Premises, whether or not Leased Premises are in an area of exclusive federal jurisdiction. Should Congress consent to taxation of Government's interest in the property, this Lease will be renegotiated. 27. EASEMENTS AND RIGHTS OF WAY: 27.1 This Lease is subject to all outstanding easements and rights of way contained on the Real Estate Summary Map (attached and made a part of this lease as Exhibit "F") for location of any type of facility over, across, in and upon Leased Premises or any portion thereof and to the right of Government to grant such additional easements and rights of way over, across, in or upon Leased Premises, subject to the terms and conditions of the Agreement with prior written consent of Lessee, and as the Government shall determine to be in the public interest; provided that any such additional easement or right of way shall be conditioned on the assumption by the grantee thereof of liability to Lessee for such damages as Lessee shall suffer for property destroyed or property rendered unusable on account of the grantee's exercise of its rights thereunder. Such easements and rights of way shall include but not be limited to those for water, gas, electricity, telephone, sewer, pipelines, conduits and for any type of facility, including but not limited to those for communications, heating, cooling and power. There is hereby reserved to the holders of such easements and rights-of-way as are presently outstanding or which may hereafter be granted, to any workers officially engage in the construction, installation, maintenance, operation, repair or replacement of facilities located thereon, and to any federal, state or local official engaged in the official inspection thereof, such reasonable rights of ingress and egress over Leased Premises as shall be necessary for the performance of their duties with regard to such facilities. 27.2 The Lessee shall not interfere with or otherwise disturb Government owned roads, structures, facilities, pipe-lines or conduits located on the Leased Premises and necessary for or related to ongoing Government remediation activities without the prior written consent of the Government. To the extent relocation of such items is required by Lessee, the Lessee may relocate such items at its own cost and expense in a manner satisfactory to the Government. 28. ADMINISTRATION: Except as otherwise provided for under this Lease, Government shall, under the direction of the Naval Facilities Engineering Command, Southwest Division, have complete charge of the administration of this Lease, and shall exercise full supervision and general direction thereof insofar as the interests of Government are affected. 29. SURRENDER: Upon the expiration of this Lease, unless such expiration occurs by reason of conveyance, or its prior termination, Lessee shall quietly and peacefully remove itself and its property from 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 1 Leased Premises and surrender the possession thereof to Government. Government may, in its 2 discretion, declare any property that has not been removed from Leased Premises upon expiration 3 or termination provided for above, as abandoned property upon an additional 30 calendar days 4 notice. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 30. PAYMENT: All payments to Government required under this Lease shall be made by check payable to the Treasurer of the United States and delivered to Commander, Southwest Division, Naval Facilities Engineering Command, 1220 Pacific Highway, San Diego, CA 92132-5179. 31. INTEREST: 32.1 Notwithstanding any other provision of this Lease, unless paid within thirty (30) calendar days, all amounts that become payable by Lessee to Government under this Lease (net any applicable tax credit under the Internal Revenue Code) shall bear interest from the date due. The rate of interest will be the Current Value of Funds rate published by the Secretary of Treasury pursuant to 31 U.S.C. 3717 (Debt Collection Act of 1982). 32.1.1 Amounts shall be due upon the earliest of: 32.1.1.1 the date fixed pursuant to this Lease, 32.1.1.2 the date of the first written demand for payment, consistent with this Lease and the requirement that Government provide reasonable documentation for all billings and assessments and other Government demands for payment, including demand consequent upon default termination, 32.1.1.3 the date of transmittal by Government to Lessee of a proposed supplemental agreement to confirm completed negotiations fixing the amount, 32.1.1.4 if this Lease provides for revision of prices, the date of written notice to Lessee stating the amount of refund payable in connection with a pricing proposal or in connection with a negotiated pricing agreement not confirmed by Lease supplement. 32. AVAILABILITY OF FUNDS: Government's obligations under this Lease are subject to the availability of funds appropriated for such purposes. Nothing in this Lease shall be interpreted to require obligations or payments by Government which is in violation of the Anti-Deficiency Act (31 U.S.C 1341). 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 33. APPLICABLE RULES AND REGULATIONS' Lessee shall comply with all federal, state and local laws, regulations and standards that are applicable or may become applicable to Lessee's or any sublessee activities on Leased Premises. These include, but are not limited to, laws and regulations on the environment, construction of facilities, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. Lessee and any sublessee are responsible for obtaining and paying for permits required for its operations under the Lease. 34. QUIET POSSESSION: Government covenants and agrees that Lessee, upon paying the rent and all other charges hereunder provided for and observing and keeping all covenants, agreements, and conditions of this Lease on its part to be observed and kept, shall quietly have and enjoy Leased Premises during the term of this Lease without hindrance or molestation by anyone claiming by or through Government, subject, however, to the exceptions, reservations and conditions of this Lease. 35. GOVERNMENT APPROVAL: Whenever Government approval or consent is required by this Lease, such approval or consent shall not be unreasonably withheld or delayed. [Signature Page Follows] 03-72461.07 MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the date first above written. THE UNITED STATES OF AMERICA, Acting by and through the Department of the Navy By: Dated' WILLIAM R. CARSILLO Real Estate Contracting Officer Base Realignment & Closure Office CITY OF TUSTIN Attest: By: WILLIAM A. HUSTON City Manager By: Pamela Stoker City Clerk Approved as to form: By: Lois Jeffrey, Esq. City Attorney 03-72461.07 EXHIBIT A EXHIBIT B ~LEAN II Date: 03/'21101 EXECUTIVE SUMMARY This Basewide Environmental Baseline Survey (BBS) Report for Marine Corps Air Station (MCAS) Tustin, California, describes the environmental condition of the station relative to the presence of hazardous substances and petroleum products. This document has been prepared by B~htel National, Inc., on behalf of the United States Department of the Navy, Southwest Division Naval Facilities Engineering Command, in accordance with Contract Task Order-0085, issued under the Comprehensive Long-Term Environmental Action Navy H Program Contract No. N68711-92-D4670. This report is intended to serve as a reference document for the Department of the Navy, which is responsible for all real estate transfers and lease determinations. Information (text, figures, tables, and appendices) provided in this document is updated through 31 December 2000. However, because environmental restoration and site closure activities at MCAS Tustin are ongoing, the closure status of remaining sites may change monthly as fieldwork and closure documents for sites are completed and approved. Further, since the issuance of the draft Basewide EBS Report in June 1998 (BNI 1998a), parcel designations and proposed uses for the base property have been revised to follow the Specific Plan/Reuse Plan Errata for MCAS Tustin issued in September 1998 (City of Tustin 1998). Evaluations of the selected reuse alternatives are presented in the final Environmental Impact Statement/ Environmental Impact Report issued in December 1999 (DON 1999a). The Environmental Impact Report portion of' that document was certified by the Tustin City Council on 16 January 2001. Also, in 1999, Parcel 3 was leased to the city of Tustin. Department of Defense and Department of the Navy policy and guidance documents, along with currently available information generated from on-site investigations, visual inspections, personnel interviews, regulatory records searches, aerial photograph reviews, reviews of data for adjacent properties, and chain-of-title searches, are the basis for this report. This Basewide EBS Report supplements the April 1994 MCAS Tustin EBS for the Community Environmental Response Facilitation Act of 1992 Report (/lEG 1994) and the April 1997 MCAS Tustin EBS for Paw.~ls 6, 8B, 8C, llA, 33, 38, 39,41A~ and. 41B (BNI 1997a). MCAS Tustin was closed in ,luly 1999 in accordance with the Base Closure and Realignment Act. A Federal Facility Site Remediation Agreement between the Department of the Navy and the California Environmental Protection Agency Department of Toxic Subsmuces Control (DTSC), was signed in August 1999. This legal agreemem defines the Department of the Navy's corrective action and response action obligations under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the 16 Installation Restoration Program (IRP) sites and 288 areas of concern (AOCs) that have been identified at MCAS Tustin. The final Site Management Plan (BN12000a) and the subsequent Site Management Plan-2000 Update (BNI 2000b) establish schedules and deadlines for remaining environmental restoration activities and reports. This Basewide EBS Report describes completed and planned environmental investigation and closure activities at MCAS Tustin to support reuse. Since 1993, the Base Realignment and Closure (BRAC) Cleanup Team has coordinated cleanup and closure activities at MCAS Tustin. This team consists of representatives from the Department of the Navy, the United States Final Basewide Environmental Baseline Survey, MCAS Tustin 0,.~22/01 2:14 PM tm I.'~wcxd_~n~cie~t il~t~)~l~F2{X)lO811.Oo¢ page ES-1 CLEAN II CTO-0085/0766 Dale: 03/21/01 Executive Summary Environmental Protection Agency, the California Regional Water Quality Control Board (RWQCB) Santa Aria Region, and DTSC. The BRAC Cleanup Plan Guidebook (DoD 1996a) provides the BRAC Cleanup Team with direction as to the classification of base property into one of seven area types in order to facilitate and support reuse and transfer. At MCAS Tustin, individual IRP sites, AOCs, underground storage tanks, and aboveground storage tanks are given area-type designations. The area types are ranked in order of their suitability to transfer, with Area Types 1 through 4 being suitable for transfer by deed and Area Types 5 and 6 being unsuitable for transfer by deed until all remedial actions have been completed or a remedy has been successfully demonstrated. Areas classified as Area Type 7 either are not evaluated or require further evaluation in order to classify them into one of the other area types. The seven area types, as defined in the BRAC Cleanup Plan Guidebook, are as follows. Area Type 1. Areas where no release or disposal of hazardous substances or petroleum products has occurred (including no migration of these substances from adjacent areas). ·Area Type Z. Areas where only release or disposal of petroleum products has occurred. · Area Type 3. Areas where release of hazardous substances has occurred but at concentrations that do not require a removal or remedial action. · Area Type 4. Areas where release of hazardous substances has occurred, and all remedial actions necessary to protect human health and the environment have been taken. · Area Type 5. Areas where release of hazardous substances has occurred, and removal or remedial actions are underway, but all required remedial actions have not yet been taken. ·Area Type 6. Areas where release of hazardous substances has occurred, but required actions have not yet been implemented. · Area Type ?. Areas that are not evaluated or require additional evaluation. Figures ES-1 (soil) and ES-2 (groundwater) illustrate the environmental condition of the MCAS Tustin property based on information available as of 31 December 2000. Most of the area types for sites are those initially recommended in the EBS for Community Environmental Response Facilitation Act Report (JEG 1994); however, some area types have been revised because new data became available or regulatory concurrence for no further action (N'FA) was received. Additional AOCs have also been identified at the base during subsequent investigations. page ES-2 Final Basewide Environmental Baseline Survey, MCAS Tustin 03'21,1)1 B:4S AM tm I.'~K~.prccessing~ill~ls~de~fl iR4~1051a.~loc -- I · · i I Executive Summary CLEAN II CTO-0085/0766 D~te: 03/21/01 Significant progress has been made in the environmental restoration and closure of sites at MCAS Tustin. As shown in Figure ES-l, a large portion of the base is suitable for transfer at this time. Of the 288 AOCs idcntified at MCAS Tustin, 211 (73 percent) have reccived regulatory concurrence for NFA and 44 (15 percent) are recommended for NFA. Of the underground storage tank sites, 101 (80 pcrccnt) have received regulatory concurrence for NlrA and 5 (4 percent) are recommended for NFA. Of thc 25 aboveground storage tank sites identified, I 1 (44 percent) have received regulatory concurrence for NFA, and 9 (36 percent) are recornmcnded for N-FA. Closure activitics arc continuing for thc remaining AOC, underground storage tank, and aboveground storage tank sites, and it is estimated that field activities for most of the non-IRP sites will be completed during 2001. Underground Storage Tank Site 222, an RWQCB site undergoing petroleum corrective action, is the most significant of thc non-IRP sites remaining to be closed. A supplemental hydrogeological characterization of the methyl tert-butyl ether (MTBE) groundwater plume is currently being completed in preparation for interim corrective action. A Petroleum Corrective Action Program Interim Work Plan for an interim MTBE groundwater extraction/treatment system is scheduled for issuance in April 2001. Interim corrective action will focus on extracting and treating MTBE hot spots in groundwater using advanced oxidation (HiperOxidation), the recommended MTBE treatment alternative. Potential long-term corrective actions for the MTBE plume will be developed and evaluated later in 2001. Of the 16 areas initially identified as potential IRP sites at MCAS Tustin, three, IRP-2, -9 (A and B), and -15, have received BRAC Cleanup Team concurrence for NFA. IRP-13E, one third of site IRP-13, has also received concurrence for NFA. Former IRP-7 (redesignated AOC MFL-1) was transferred from the CERCLA IRP for a petroleum corrective action under RWQCB and subsequently received concurrence for NFA. IRP-4, -10, and -14 were also transferred out of the IRP and redesignated AOCs MMS-3, -4, and -5, respectively. MMS-3 subsequently received concurrence for NFA under the Resource Conservation and Recovery Act. MMS-4 and -5 have been included with IR-5, -6, -8, -11, -13W, and -16 in Operable Unit (OU)-4 and will be closed under CERCLA once a focused feasibility study has been. comple.te, d to evaluate the need for remedial action at these sites. A feasibility study has been completed for IRP-1 (OU-3). Based on recommendations in the OU-3 Feasibility Study Report, institutional controls (e.g., deed restrictions), containment wall maintenance, and long-term groundwater monitoring were identified as the preferred remedial alternative in the revised draft OU-3 Record of Decision/Remedial Action Plan issued in February 1999. The containment wall and groundwater monitoring network are already in place. A draft final Record of Decision/Remedial Action Plan for OU-3, containing institutional controls language, was issued in April 2000. Institutional controls, land-use covenant issues, and the DTSC California Environmental Quality Act evaluation are the only outstanding issues that require resolution before the OU-3 Record of Decision/Remedial Action Plan can be f'malized. An OU-1 Feasibility Study Report was also.prepared for IRP-3, -12, and -13S. However, subsequent to i~uance of a draft final version of the OU-1 F¢~,~ihiti.t¥ S~dy Report 'i.~ Febm. t~ry 2000, this operable unit was subdivided into OU-1A (IRP-13S) and OU-IB (IRP-3 and -12). As a result, a revised draft final OU-1B Feasibility Study Report will be issued in Spring 2001, and Final Basewide Environmental Baseline Survey, MCAS Tustin 03/21~1 8:45 AM Im I:l~l~flg~'e~8~=l~ #~~nal~2001i~le.~o~ page ES-7 CLEAN Ii CT0-0085/0766 Date: 03/21/01 Executive Summary final remedy selection and remedial action will proceed at IRP-3 and -12, while the impact of a commingled MTBE plume on potential remedies for IRP-13S ar~ evaluated further. OU-1A will proceed on a separate track through the feasibility study, record of decision, and remedial action process. Although long-term remedial alternatives will be implemented for some of the IRP sites, transfer of property in accordance with CERCLA Section 120(h)(3)(B) can occur sooner if the construction and installation of an approved remedial design has been completed, and the selected remedy has been demonstrated to be operating properly and successfully. The completion of final remedial design plans for OU-1B and OU-4 is currently scheduled for 2003, final remedial design for OU-1A is scheduled for completion in 2004, and long-term monitoring activities may continue through 2034. page ES-8 Final Basewide Environmental Baseline Survey, MCAS Tustin 03/21/01 8:45 AM tm I:~mrd~el:x~d.n tl~lo085~n~2001051a.doc EXHIBIT C Finding of Suitability to Lease for Southern Parcels Carve-Out Areas 1, 2, 3, and 4 Marine Corps Air Station Tustin, California 28 February 2002 l~repared for: The l)epartment of the Navv Southwest Division Naval Facilities l.~ngineering Command 1220 Pacific I lighwav San l)iego, CA 92132 Prepared by: 1~1}1¥1 Federal Programs Corporation 3760 Convoy Street, Suite 210 San Diego, CA !.)21 ~ 1 FINDING OF SUITABILITY TO LEASE FOR SOUTHERN PARCELS CARVE OUT AREAS 1, 2, 3, AND 4 MARINE CORPS AIR STATION TUSTIN, CALIFORNIA 28 FEBRUARY 2002 TABLE OF CONTENTS Section Page ACRONYMS/ABBREVIATIONS ......................................................................... v 1.0 PURPOSE .................................................................................................................. 1 2.0 PROPERTY DESCRIPTION .................................................................................. 2 3.0 4.0 ENVIRONMENTAL CONDITION OF THE PROPERTY ............................... 3 3.1 3.2 Area Types ..................................................................................................... 4 Carve-Out Areas ........................................................................................... 5 3.2.1 IRP-SS(b) (Carve-Out-I) ............................................................... 6 3.2.2 IRP-6 (Carve-Out-2) ...................................................................... 7 3.2.3 IRP-8 (Carve-Out-3) ...................................................................... 8 3.2.4 Arsenic Area of Concern (Carve-Out-4) ....................................8 RESTRICTIONS AND NOTIFICATIONS ......................................................... 9 4.1 Restrictions - Indoor Air Quality ............................................................... 9 4.2 Notifications and Restrictions - Lead-Based Paint ..................................9 4.2.1 Notifications ................................................................................... 10 4.2.2 Restrictions ..................................................................................... 11 4.3 4.4 4.5 4.6 4.7 4.8 4.9 Notification- Polychlorinated Biphenyls ................................................. 11 Notification- Radon ..................................................................................... 12 Notification - Wetlands ............................................................................... 12 Notifications and Restrictions - Hazardous Substances and Petroleum Products .......................................................................................................... 13 Notifications and Restrictions - Areas of Concern ................................. 13 4.7.1 Notifications ................................................................................... 13 4.7.2 Restrictions ..................................................................................... 13 Notifications and Restrictions- Radiological Materials ......................... 13 4.8.1 Notifications ................................................................................... 14 4.8.2 Restrictions ..................................................................................... 14 Notifications and Restrictions - Asbestos-Containing Material ............ 15 4.9.1 Notifications ................................................................................... 16 4.9.1.1 Buildings Planned for Demolition or "To Be Determined" (TBD) ...................................................... 16 4.9.1.2 Buildings Planned for Reuse ...................................... 17 4.9.2 Restrictions ..................................................................................... 17 FOSL 2, Southern Parcels CO Areas, MCAS Tustin i February 2002 TABLE OF CONTENTS (continued) 4.10 Page Notifications and Restrictions - Groundwater Use/Subsurface Excavation ...................................................................................................... 18 4.10.1 Notifications ................................................................................... 18 4.10.2 Restrictions ..................................................................................... 18 5.0 SUMMARY OF RESTRICTIONS ......................................................................... 18 6.0 REGULATORY COORDINATION .....................................................................19 7.0 NOTICE OF HAZARDOUS SUBSTANCES ...................................................... 19 8.0 RIGHT OF ACCESS ................................................................................................ 20 9.0 CONCLUSIONS/FINDING OF SUITABILITY TO LEASE IN FURTHERANCE OF CONVEYANCE ................................................................. 20 TABLES 1 Buildings and Structures Within the Southern Parcels Carve-Out Areas 2 Results of Building ACM Surveys Within the Southern Parcels Carve-Out Areas 3 Results of PCB Transformer Surveys and PCB Equipment Inspection Within the Southern Parcels Carve-Out Areas 4 Areas of Concern Within the Southern Parcels Carve-Out Areas 5 Former Underground Storage Tanks and Aboveground Storage Tanks Within the Southern Parcels Carve-Out Areas 6 Groundwater Monitoring Wells Within the Southern Parcels Carve-Out Areas 7 Department of Defense Environmental Condition of Property Area Types 8 Environmental Factors Considered Within the Southern Parcels Carve-Out Areas 9 Notifications and Restrictions Summary FOSL 2, Southern Parcels CO Areas, MCAS Tustm ii February 2002 TABLE OF CONTENTS (continued) FIGURES 1 MCAS Tustin Vicinity Map 2 Southern Parcels Carve-Out Areas 3 Buildings and Structures Within the Southern Parcels Carve-Out Areas (Arsenic AOC, IRP-5S(b), and IRP-6) 4 Buildings and Structures Within the Southern Parcels Carve-Out Areas (IRP-8) 5 IRP Sites Within the Southern Parcels Carve-Out Areas 6 AOCs Within the Southern Parcels Carve-Out Areas 7 Former USTs and ASTs Within the Southern Parcels Carve-Out Areas 8 Monitoring Wells Within the Southern Parcels Carve-Out Areas 9 Decision Tree for Asbestos-Containing Material Surveys ATTACHMENTS 1 References 2 No Further Action Regulatory Concurrence Letters for AOCs, USTs, and ASTs Within the Southern Parcels Carve-Out Areas 3 Lease Restriction Revision Form 4 Hazardous Substance and UST/AST Substance Notification Tables 5 Comments/Response to Comments FOSL 2, Southern Parcels CO Areas, MCAS Tustin iii February 2002 This page intentionally left blank. FOSL 2, Southem Parcels CO Areas, MCAS Tustin iv February 2002 ACRONYMS/ABBREVIATIONS ACM AOC AST BCT BNI BRAC CEQA CERCLA CO COC COPC DCE DCP DoD DON DTSC asbestos-containing material area of concern aboveground storage tank BRAC Cleanup Team Bechtel National Inc. base realignment and closure California Environmental Quality Act Comprehensive Environmental Response, Compensation, and Liability Act carve out chemical of concern chemical of potential concern dichloroethene dichloropropane (United States) Department of Defense (United States) Department of the Navy (California Environmental Protection Agency) Department of Toxic Substances Control EBS EIR EIS ESI FAD FFSRA FOSL FOST FS HI HRA IRP JEG LBP environmental baseline survey Environmental Impact Report Environmental Impact Statement expanded site inspection friable, accessible, and damaged Federal Facility Site Remediation Agreement finding of suitability to lease finding of suitability to transfer feasibility study hazard index historical radiological assessment Installation Restoration Program Jacobs Engineering Group lead-based paint FOSL 2, Southern Parcels CO Areas, MCAS Tustin v February 2002 ACRONYMS/ABBREVIATIONS (continued) LIFOC ~tg/L MCAS MCL lease in furtherance of conveyance micrograms per liter Marine Corps Air Station maximum contaminant level NEPA NFA National Environmental Policy Act no further action OU PA PAH PCB pCi/L ppm PWC RCRA RI ROD RWQCB SI U.S. EPA UST VOC operable unit preliminary assessment polynuclear aromatic hydrocarbon polychlorinated biphenyl picocuries per liter parts per million (Navy) Public Works Center Resource Conservation and Recovery Act remedial investigation Record of Decision Regional Water Quality Control Board site inspection United States Environmental Protection Agency underground storage tank volatile organic compound FOSL 2, Southern Parcels CO Areas, MCAS Tustm vi February 2002 1.0 FINDING OF SUITABILITY TO LEASE FOR SOUTHERN PARCELS CARVE-OUT AREAS 1, 2, 3, AND 4 MARINE CORPS AIR STATION TUSTIN, CALIFORNIA PURPOSE The purpose of this Finding of Suitability to Lease (FOSL) is to document environmentally related findings that support the conclusion that four areas in the southern portion of Marine Corps Air Station (MCAS) Tustin, California, are suitable to lease through a lease in furtherance of conveyance (LIFOC) and may be used in accordance with the terms of the lease with acceptable risk to human health and the environment. The four areas addressed in this FOSL and proposed for a LIFOC at MCAS Tustin are Installation Restoration Program (IRP) Site 5S(b) carved from Parcels 11, 12, and 40; IRP Site 6 carved from Parcels 11, 12, 40, and 42; IRP Site 8 carved from Parcels 6, 7, 8, and 40; and the Arsenic Area of Concern (AOC) carved from Parcels 12 and 40. AOCs are investigated for possible contamination by collecting data from on-site investigations, visual inspections, personnel interviews, regulatory record searches, aerial photograph reviews, reviews of data for adjacent properties, and chain-of-title searches. The four carve-out (CO) areas pertaining to this document are referred to as "CO-l" (IRP-5S[b]), "CO-2" (IRP-6 and buffer zone), "CO-3" (IRP-8 and buffer zone), and "CO-4' (Arsenic AOC). The CO areas include buffer zones to allow for the protection of human health during ongoing cleanup and investigation activities. These sites and buffer zones constitute the Southern Parcels CO Areas. A Finding of Suitability to Transfer (FOST) was prepared with this FOSL to convey the portions of Parcels 6, 7, 8, 11, 12, and 42 that are not carved out and selected non-CO areas of Parcels 40. Several other parcels (4, 5, 10, 14, 25, 26, 30 through 33, 37, and portions of 41) that were not carved out are also addressed in the FOST. This FOST, known as FOST 2, was finalized on September 28, 2001. The CO areas are being excluded from the parcel conveyances because of an ongoing evaluation of impacted groundwater beneath IRP-6, and IRP-8 and continued evaluation of the IRP-5S(b) and Arsenic AOC. It is the United States Department of the Navy's (DON's) intent that these CO areas be included in a separate FOST or similar document and be transferred once these areas have been determined to be suitable for transfer. It is anticipated that the CO property will be conveyed for commercial/business use. Because the lease supported by this FOSL is in furtherance of conveyance, it will be in effect until the property is found suitable for transfer by deed under Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the property is transferred by deed. The terms of the lease will be identified in the lease document. In the case where the FOSL 2, Southern Parcels CO Areas, MCAS Tustm 1 February 2002 2.0 transferee requests to have the parcels transferred prior to the completion of the environmental cleanup mentioned in this FOSL, a Finding of Suitability for Early Transfer (FOSET) will be prepared for the appropriate parcels. This FOSL was prepared in accordance with United States Department of Defense (DOD) guidance documents, including the DoD Policy on the Environmental Review Process to Reach a Finding of Suitability to Lease (DoD 1996a), which requires that a FOSL be based on an environmental baseline survey (EBS) that encompasses the property to be leased. This FOSL, including tables and figures, is based on the final Basewide EBS for MCAS Tustin Report (BNI 2001) as well as information contained in the documents listed in Attachment 1. These documents include the final MCAS Tustin Business Plan (DON 2001), which provides updated information through 31 December 2000 and schedules for planned environmental activities at the base. IRP site designations in this FOSL are consistent with those presented in the final EBS Report. Building designations and uses and parcel numbers match those presented in the final EBS Report and are consistent with those presented in the final MCAS Tustin Specific Plan/Reuse Plan Errata (Reuse Plan) (City of Tustin 1998). Earlier environmental documents may contain different parcel designations. The MCAS Tustin environmental documents are available from the information repository located within the government document section of the main library of the University of California at Irvine. PROPERTY DESCRIPTION MCAS Tustin is located in southern California near the center of Orange County, approximately 40 miles south of downtown Los Angeles (Figure 1). The installation encompasses approximately 1,600 acres of land. The majority of MCAS Tustin is located within the city of Tustin; about 95 acres in the southeast corner of the base are within the city of Irvine. The base is bordered by the cities of Tustin, Irvine, and Santa Ana. MCAS Tustin was commissioned in 1942 as a DON lighter-than-air base. The installation was used to support observation blimps and personnel conducting antisubmarine patrols off the coast of southern California during World War II. In 1949, the base was officially decommissioned as an active facility because of the diminished need for blimp patrols. However, in 1951, the base was reactivated to support helicopter operations for the Korean conflict and was renamed the "Marine Corps Air Station (Helicopter) Santa Ana." In 1978, the installation name was changed to "MCAS (H) Tustin" to reflect its annexation by the city of Tustin. In 1986, the installation was renamed "MCAS Tustin." MCAS Tustin was operationally closed on 02 July 1999 in accordance with the Defense Base Closure and Realignment Act of 1990. Currently, the majority of FOSL 2, Southern Parcels CO Areas, MCAS Tustin 2 February 2002 3.0 the buildings are unoccupied, and the primary activities at the installation are maintenance and environmental cleanup. The four CO areas addressed in this FOSL together comprise about 17 acres of property located in the southern and southeastern portions of MCAS Tustin (Figure 2). The purpose of the CO areas is to establish boundaries wherein restrictions can be imposed to control subsurface excavation, prevent extraction and use of contaminated groundwater, prevent interference during investigation activities, allow access for monitoring and remedial activities, and prevent interference with the operation of any remediation system that may be installed on the property in the future. Approximate CO area boundaries are shown in Figure 2. Features located within the areas include: 14 buildings/structures (Figures 3 and 4) (a substation owned and operated by Southern California Edison is also located within the CO area boundaries); 3 IRP sites, including IRP-5S(b), IRP-6, and IRP-8 (Figure 5); 18 AOCs (which have all received regulatory concurrence for no further action [NFA] see Table 4), and the Arsenic AOC (Figure 6); 2 former underground storage tanks (USTs) and 3 former aboveground storage tanks (ASTs) (which have all received regulatory concurrence for NFA) (Figure 7); and 5 active monitoring wells (Figure 8). Information concerning the former use of the buildings and structures is in Table 1. Asbestos-containing material (ACM) and polychlorinated biphenyl (PCB) surveys were conducted in many of the buildings; survey results are summarized in Tables 2 and 3, respectively. No housing exists within the Southern Parcels CO areas. Non-residential structures have not been surveyed by DON (see Section 4.2). Summary information for the AOCs is in Table 4. Summary information for the former USTs and ASTs is in Table 5. Groundwater monitoring wells located within the CO areas are listed in Table 6. ENVIRONMENTAL CONDITION OF THE PROPERTY The environmental restoration, environmental planning, and compliance programs at MCAS Tustin have been defined and are being implemented pursuant to the following regulatory mechanisms: CERCLA, as amended by the Superfund Amendments and Reauthorization Act and the Community Environmental Response Facilitation Act FOSL 2, Southern ParceLs CO Areas, MCAS Tustm 3 February 2002 3.1 Resource Conservation and Recovery Act (RCRA) National Environmental Policy Act (NEPA) California Environmental Quality Act (CEQA) (as applied to City's EIR) Petroleum Corrective Action Program · California Health and Safety Code DON is the lead federal agency regarding environmental restoration at MCAS Tustin, and the California Environmental Protection Agency Department of Toxic Substances Control (DTSC) is the lead regulatory agency providing oversight. MCAS Tustin is not listed on the National Priorities List. A Federal Facility Site Remediation Agreement (FFSRA) between DON and DTSC for MCAS Tustin was signed on 18 August 1999. The FFSRA defines DON's corrective action and response obligations under RCRA and CERCLA. Since 1993, the Base Realignment and Closure (BRAC) Cleanup Team (BCT) has coordinated cleanup and closure activities at MCAS Tustin. The BCT consists of representatives from DON, the United States Environmental Protection Agency (U.S. EPA), the Santa Ana Regional Water Quality Control Board (RWQCB), and DTSC. These agencies reviewed and commented on the required documents included in Attachment 1. Potential environmental impacts pertaining to the disposal and reuse of MCAS Tustin were addressed in the final Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) (DON 1999) and were disclosed to agencies and the public for comment and review in compliance with the requirements of NEPA and CEQA. The EIS/EIR was prepared through the joint effort of DON (EIS) and the city of Tustin (EIR). DON prepared a NEPA Record of Decision (ROD) to document the selected proposed alternative for reuse at each of the parcels discussed in the EIS/EIR. The NEPA ROD was executed on 02 March 2001 (DON 200la). Area Types The BRAC Cleanup Plan Guidebook (DoD 1996b) provides BCT with direction to classify base property into one of seven area types in order to facilitate and support reuse and transfer (Table 7). The area types are ranked in order of their suitability for transfer, with Area Types 1 through 4 being suitable for transfer by deed and Area Types 5 and 6 being unsuitable for transfer by deed until all remedial actions have been completed or after the remedy has been demonstrated to be operating properly and successfully. Area Types 5 and 6 may be reclassified as suitable for transfer after required remedial actions are completed and NFA concurrence has been received from BCT. Areas classified FOSL 2, Southern Parcels CO Areas, MCAS Tustm 4 February 2002 3.2 as Area Type 7 are either unevaluated or require further evaluation in order to classify them into one of the other area types. Where AOCs, USTs, or ASTs (classified as Area Types 1 through 4) lie within the boundaries of an Area Type 5 or 6 IRP site, the area-type designation depicts the environmental conditions associated with the AOC, UST, or AST rather than that of the IRP site. The AOCs in the CO areas, (except the Arsenic AOC [CO-4]), are designated as Area Types 1 through 4 (Table 4). The Arsenic AOC is designated as an Area Type 7. The Arsenic AOC requires study of the surface soil to evaluate elevated arsenic levels within the CO area and will be addressed in a preliminary assessment (PA). The CO areas contain three IRP sites (IRP-5S[b], IRP-6, and IRP-8). All three sites are Area Type 6. IRP-6 and IRP-8 have NFA recommendations for soil, but are still under investigation for volatile organic compounds (VOCs) in groundwater. This VOC-contaminated groundwater plume is being addressed in the focused feasibility study (FS) Report currently being prepared for Operable Unit (OU)-4. IRP-5S(b) has an NFA recommendation for soil and groundwater, but is included in the OU-4 FS because it is one of three sites that comprise IRP-5. Further investigation of IRP-6 and IRP-8 and closure of IRP-5S(b) are anticipated when the Record of Decision (ROD) for OU-4 is completed. Nineteen identified AOCs are within the CO area property (Figure 6). All, except the Arsenic AOC, have received regulatory concurrence for NFA. Regulatory NFA concurrence signature pages for the AOCs are included in Attachment 2. The Arsenic AOC is currently being evaluated (Table 4). Two USTs (251 and 252) and three ASTs (558A, 558B, and 568) were formerly located within the CO areas. All USTs and ASTs have been removed and have received regulatory concurrence for NFA. The designated area types for the AOCs, USTs, and ASTs are noted in Tables 4 and 5. The AOC locations are shown on Figure 6, and the former UST and AST locations are shown on Figure 7. Environmental conditions are described below for the CO areas. Carve-Out Areas The purpose of the CO areas is to identify limited areas where restrictions are needed to prevent human exposure to potential contaminants while remedial action and ongoing investigations are being conducted. The approximate acreage of CO-l, CO-2, CO-3, and CO-4 are about 1 acre, 6 acres, 4 acres, and 6 acres, respectively. CO-1 includes IRP Site 5S(b) that has been recommended for NFA for soil and groundwater in the remedial investigation (RI). However, since IRP Site 5S(b) is a portion of IRP Site 5, closure of this site will not occur until the ROD for OU-4 FOSL 2, Southern Parcels CO Areas, MCAS Tustin 5 February 2002 3.2.1 is completed. Since there is no further action required based on sampling results in the RI for IRP Site 5S(b), a buffer zone beyond the site boundary is not necessary. The boundaries of CO-2 and CO-3 are the same as the boundaries of the IRP-6 and IRP-8 sites, respectively, plus buffer zones extending past the IRP site boundaries. Groundwater contamination plumes associated with these sites are currently being evaluated in the FS for OU-4. Buffer zones were developed for these carve-out areas by using the site boundaries and the areas potentially to be covered by institutional controls based on the FS for OU-4. These buffer zones may allow activities to be conducted at the buildings since the institutional controls are for groundwater. The CO-2 buffer zone is 200 feet around the estimated IRP-6 plume boundaries plus an area on the southern corner to accommodate potential downgradient plume migration and future groundwater monitoring (Figure 2). The CO-3 buffer zone extends 200 feet around the IRP-8 plume. The arsenic AOC (CO-4) boundary was based on elevated concentrations of arsenic detected in previous soil samples. Since there is not a large distribution of previous samples at this site, the buffer zone was extended to account for a larger than anticipated distribution of arsenic at the site. Legal boundaries of the site will be provided in the lease documentation. Boundaries may be redefined based on additional investigations conducted prior to lease. Restrictions will be used to control subsurface excavation, prevent extraction and use of contaminated groundwater, prevent inhalation of contaminated indoor air, prevent interference with ongoing investigation, allow access for monitoring and remedial activities, and prevent interference with the operation of remediation systems that may be installed at the sites in the future. Following are discussions of IRP-5S(b), IRP-6, IRP-8, and the Arsenic AOC. IRP-5S(b) (Carve-Out-l) IRP-5S(b), Drainage Area No. 1 South (Figure 5), consists of an unlined drainage ditch located in the northeast corner of Parcel 11, the eastern side of Parcel 12, and a small portion of Parcel 40. From 1956 to 1983, the ditch may have received a variety of wastes disposed in floor drains from Buildings 28 and 29 as well as runoff from other potential contaminant source areas. IRP-5S(b) is one of three sites that comprise IRP-5. IRP-5S(b) was evaluated during the site inspection (SI) conducted in 1991 (JEG 1993) and during the RI of OU-1 and OU-2 (BNI 1997). Results from sediment, soil, and surface water sampling at IRP-5S(b) indicated the presence of petroleum hydrocarbons, semivolatile organic compounds, and metals at levels above background in some of the sediment samples. Petroleum hydrocarbons were also detected in soil. No FOSL 2, Southern Parcels CO Areas, MCAS Tustm 6 February 2002 3.2.2 groundwater contaminants were detected above maximum contaminant levels (MCLs). A recreational risk assessment was initially conducted during the RI for OU-1 and OU-2 (BNI 1997) since IRP-5 was classified as a jurisdictional wetland by the U.S. Army Corps of Engineers and future residential development of IRP-5 was not considered likely. The RI recommended NFA for both soil and groundwater at IRP-5S(b). At the request of the City of Tustin, a residential-scenario human- health risk assessment was subsequently conducted in order to support the possible reuse of the IRP-5 area as residential. Results from both the recreational and residential risk assessments are provided in the draft FS for OU-4 and will be used to support recommendations in the ROD. Since IRP-5S(b) is a portion of IRP-5, closure of this site will not occur until the ROD for OU-4 is completed. IRP-6 (Carve-Out-2) IRP-6, the Paint Locker and Drum Storage Area (Figure 5), was operated from 1972 to 1981 and is located in the northern portion of Parcel 11, the southern portion of Parcel 12, and a portion of Parcel 40. Subsequent to this area being used for storage, Building 250 was constructed and was used as a receiving and distribution center for base supplies. The Initial Assessment Survey (IAS) conducted at the base reported that an estimated 53 gallons of wastes was released to the soil from an average of 100 drums stored at any given time (Brown and Caldwell 1985). Additionally, an estimated 225 gallons of a solution called AlodineTM containing chromic acid, cyanide, and fluoride was disposed at the site. The soil and groundwater in and around this site were investigated during the Extended Site Inspection (ESI). Soil samples included detections of VOCs, PAH compounds, and metals. The predominant chemical of potential concern for groundwater was 1,1-dichloroethene (DCE). Soil and groundwater were further evaluated in the Remedial Investigation (RI). Based on the results of the RI evaluations, no further action was recommended for soil and groundwater at IRP-6. Subsequent to the RI, DON collected additional groundwater data at IRP-6. Maximum 1,1-DCE concentrations were two to three times greater than the ESI sample results and exceeded both the state and federal MCLs for drinking water. The results of the study delineated the horizontal and vertical extent of groundwater contamination at the site and are being incorporated into the focused FS Report for OU-4. The approximate location of the groundwater plume containing 1,1-DCE is shown on Figure 5. Based on these data, DON determined that groundwater at the site should be evaluated as part of the same focused FS for OU-4 that also includes IRP-5S(b) and IRP-8. FOSL 2, Southern Parcels CO Areas, MCAS Tustin 7 February 2002 3.2.3 3.2.4 IRP-8 (Carve-Out-3) IRP-8, Drainage Area No. 2 (Figure 5), is located in the eastern portion of Parcel 7 and in a portion of Parcel 40. No. 2 diesel fuel from this area, used to supply power generators, was reportedly spilled or leaked to a nearby unlined storm drainage ditch from 1976 to 1984. Soil gas, soil, and groundwater samples were collected at the site during the SI and ESI. The predominant chemicals reported at the site were VOCs, PAHs, and metals. Some VOC concentrations were found to exceed MCLs for drinking water. The primary chemical of potential concern for IRP-8 identified during the ESI was 1,2-dichloropropane in groundwater. Groundwater at IRP-8 was further evaluated during the RI. Based on the results of the RI evaluations, no further action was recommended for soil and groundwater at IRP-8. Subsequent to the RI, DON reviewed the groundwater data for IRP-8 and determined that groundwater at the site should be evaluated further because the maximum concentration of 1,2-DCP exceeded MCLs for drinking water. The evaluation is being performed by means of the same focused FS for OU-4 that includes IRP-5S(b) and IRP-6. Arsenic Area of Concern (Carve-Out-4) The Arsenic AOC was identified during investigations at three AOCs (ST-86, ST- 88, and MAE-03) located in the southeastern portion of the base. Sampling was conducted at the three AOCs to detect any COCs associated with the historical activities conducted at these sites. During the confirmation sampling phase of the remedial actions for these sites, elevated levels of arsenic were detected in the surface soil that exceeded the predetermined arsenic background level of 17.5 milligrams per kilogram. Arsenic is not considered a COC for any of the three sites; therefore, a new AOC (the Arsenic AOC) was established to investigate the potential source of the arsenic in the surface soil in the area. A PA of the Arsenic AOC is currently being conducted. The PA will include assessing potential sources by investigating historical activities in the area. Based on the results of the initial assessment, sampling will be conducted to supplement the arsenic results from previous investigations in the area. After additional arsenic data are collected, a risk assessment will be conducted to determine whether further action is required at the site. The boundary of the CO area is that of the Arsenic AOC, which contains areas where elevated levels of arsenic have been detected and an adequate buffer zone to complete the investigation at the site. The elevated levels of arsenic have been detected in the northeastern and northwestern corners of Building 190 and on the northern border of Building 251. FOSL 2, Southern Parcels CO Areas, lVlCAS Tusfin 8 February 2002 4.0 4.1 4.2 RESTRICTIONS AND NOTIFICATIONS The environmental documents listed in Attachment 1 (References) were evaluated to identify environmental factors that may warrant constraints on certain activities to assure that the intended use of the parcels is protective of human health and the environment. The factors that require notifications and/or restrictions are discussed below. See Table 8 for a list of environmental factors considered. Lease restrictions are summarized in Section 5. Notification will be provided to the lessee by attaching a copy of this FOSL to the lease. Attachment 5 contains comments from regulatory agencies and other interested parties with DON's corresponding responses. There were no unresolved comments from DTSC on this FOSL. Restrictions- Indoor Air Quality Based on the air pathway results included in the draft OU-4 FS for IRP-5S(b), contaminated soils located in and around the drainage ditch for IRP-5S(b) are not anticipated to impact air quality. At IRP-6 and IRP-8, soil conditions have been recommended for NFA in the RI; however, the potential still exists for indoor air to be impacted from the associated groundwater plumes. Since no data has been collected on indoor air within buildings potentially impacted by adjacent IRP sites 6 and 8, Buildings 219, 556, and 250 shall be restricted from occupation. "Occupation" includes access in the vicinity of the buildings, with the exception of short-term tours and emergency maintenance with prior DON notification and approval. To remove this restriction, the lessee may conduct air monitoring within the building following all federal, state, and local requirements, to determine the suitability of use of a particular building. Removal of this use restriction based on indoor air will be determined by the review and approval of DON and the BCT of the indoor air report submitted by the lessee, or upon DON and BCT concurrence that restrictions for indoor air quality are no longer necessary. Notifications and Restrictions -- Lead-Based Paint In order to address the risk of adverse health effects to children from LBP ingestion and exposure, legislation and national policy regarding LBP has focused on residential areas and child-occupied facilities where children may be present. Non-residential buildings (e.g., warehouses and office buildings) are typically occupied by adults with minimal exposure to children. DON policy regarding LBP applies to residential real property constructed before 1978. None of the buildings/structures on the CO area property have been designated for residential property or child-occupied facilities under the Reuse Plan; therefore, they have not been surveyed for LBP. DON will not conduct sampling at non- residential buildings prior to leasing the property. Any evaluation and FOSL 2, Southern Parcels CO Areas, MCAS Tustin 9 February 2002 4.2.1 abatement of LBP at non-residential buildings will be the responsibility of the lessee. Non-residential buildings scheduled for demolition will require post-demolition soil sampling and abatement of any soil-lead hazards by the lessee prior to occupancy of any newly constructed buildings. Buildings that are scheduled for demolition may be occupied on an interim basis if the lessee conducts the necessary LBP surveys and abatement in accordance with all local, state, and federal requirements. Information pertaining to LBP at non-residential buildings, if any, will be provided to the lessee with the lease documents. Notification of potential LBP at non-residential buildings where surveys were not conducted will be based solely on the age of construction (i.e., constructed before 1978). The Southern Parcels CO areas do not contain any residential property. If any buildings are to be used for residential purposes during the lease, the lessee must obtain prior approval from DON and the BCT. Notifications Building 190 was built in 1970 and is located in Parcel 12 and the disposition of the property is still to be determined. Based on the age of construction, lead- based paint may have been previously used on this building. Building 212 was built in 1972 and is located in Parcel 7 and the disposition of the property is still to be determined. Based on the age of construction, lead-based paint may have been previously used on this building. Building 219 was built in 1976 and is located in Parcel 7 and is scheduled for demolition. Based on the age of construction, lead-based paint may have been previously used on this building. Building 267 was built in 1984 and is located in Parcel 11 and is scheduled for demolition. Based on the age of construction, it is unlikely that LBP was used at this building. Building 556 was built in 1990 and is located in Parcel 11 and is scheduled for demolition. Based on the age of construction, it is unlikely that LBP was used at this building. Building 250 was built in 1984 and is located in Parcels 11, 12 and 40 and is scheduled for reuse. Based on the age of construction, it is unlikely that LBP was used at this building. Building 251 was built in 1984 and is located in Parcel 12 and is scheduled for reuse. Based on the age of construction, it is unlikely that LBP was used at this building. FOSL 2, Southern Parcels CO Areas, MC,aS Tustin 10 February 2002 4.2.2 4.3 All seven structures (251A, 252, 269, 555, 560, 585, and 593) were constructed after 1978 and are located in Parcels 7 and 12. Based on the age of construction, it is unlikely that LBP was used at these structures. Restrictions Buildings 190 and 212 Since these buildings were constructed prior to 1978 and have a property use designation of 'to be determined', use of these buildings is restricted from residential use and children will not occupy these buildings. However, if the lessee conducts the necessary LBP surveys and abatement in accordance with all local, state, and federal requirements to ensure the safety of occupants for residential use, the buildings can be used for residential use after receiving concurrence from DON and the BCT on the LBP reports. If the buildings are slated for demolition, they will require post-demolition soil sampling and abatement of any soil-lead hazards by the lessee prior to occupation of any new buildings. Building 219 Since this building was constructed prior to 1978 and is scheduled for demolition, residential use is restricted and children will not occupy this building. The lessee must obtain approval from DON and the BCT to use this building for residential use or for the occupation of children. Furthermore, the lessee will be responsible for conducting post-demolition sampling of the soil and conduct any required abatement prior to occupancy of newly constructed buildings. Buildings 267, 556, 250, and 251 Since these buildings were constructed after 1978, no restrictions or requirements are necessary for LBP. All seven structures (251A, 252, 269, 555, 560, 585, and 593) Since these structures were constructed after 1978, no restrictions or requirements are necessary for LBP. Notification- Polychlorinated Biphenyls An inventory of PCB items and equipment was conducted in 1992 (Kennedy/Jenks Consultants 1992). Twenty-two items were identified as possibly containing PCB insulation fluid. With the exception of one item located off base, these items have been replaced, or tested and found not to contain PCB fluids or insulation. Fluorescent light fixtures were not included in the PCB items and equipment survey. Because Buildings 190, 212, and 219 were built before 1979, it is assumed that some light ballasts in the buildings may contain PCBs. Fluorescent light ballasts manufactured before 1979 often.contain PCB small capacitors that may be disposed as municipal solid waste. No action is required at the buildings unless large quantities of PCB-containing fluorescent light ballasts are removed. FOSL 2, Southern Parcels CO Areas, MCAS Tustin 11 February 2002 4.4 4.5 According to DON guidance on disposal of fluorescent light ballasts containing PCBs (DON 1989), large quantities of PCB small capacitors generated from fluorescent light ballasts, such as when the fixtures in a large office or an entire building are replaced, should be disposed as regulated PCB equipment. Fluorescent light ballasts that contain PCBs have approximately 1.0 to 1.5 ounces of PCB fluid in each capacitor. For this given quantity, there would be approximately 3.1 to 4.7 pounds of PCB fluid for every 50 PCB small capacitors in fluorescent light ballasts. If the lessee plans to dispose fluorescent light ballasts containing more than 3 pounds of PCB fluid, the PCB small capacitors in those light ballasts should be processed as regulated items. In 1996 a PCB transformer survey was conducted at MCAS Tustin (PWC 1996). Per DON policy, transformers containing PCBs at concentrations exceeding 50 parts per million (ppm) were replaced. Transformers with PCB concentrations less than 50 ppm are classified by federal standards as non-PCB transformers. Two buildings in Southern Parcels CO Areas property, Buildings 250 and 556, had associated transformers located at Structure SS-2 (Table 3). Transformers were also associated with Buildings 190 and 251. These transformers contained PCBs at concentrations of less than or equal to 2 ppm; therefore, these were not replaced. Notification- Radon DoD policy is to disclose all available and relevant radon assessment data pertaining to BRAC property being leased or transferred, and to include this data in property lease documents. There is currently no federal requirement to perform additional radon assessment or mitigation in federal buildings, including those to be transferred to the public or private sector (DoD 1994). Though not required by regulatory agencies, DON conducted a radon survey at a representative number of housing units and non-residential buildings at MCAS Tustin in 1991. Radon screening results were based on a representative sampling of structures. The results indicated that none of the facilities or housing units contained levels of radon above 4 picocuries per liter (pCi/L). According to U.S. EPA guidance, radon at levels of 4 pCi/L or less are considered "low risk," and no mitigation is required (Bufton 1991). Additional radon testing or mitigation, therefore, was not required. Notification - Wetlands IRP-5S(b) is a drainage facility that has been designated as jurisdictional waters of the United States under Section 404 of the Clean Water Act. The United States Army Corps of Engineers exerts jurisdiction over waters of the United States, which include territorial seas, tidal waters, and nontidal waters. IRP-5S(b) FOSL 2, Southern Parcels CO Areas, MCAS Tustin 12 February 2002 4.6 4.7 4.7.1 4.7.2 4.8 supports cattail and other common marsh vegetation. The water source appears to be urban and agricultural runoff from both on-site and off-site sources. Development by the lessee in wetland areas will require Section 404 permit(s) (DON 1999). Notifications and Restrictions- Hazardous Substances and Petroleum Products Past activities within the Southern Parcels CO Areas included the use and storage of hazardous substances and petroleum products. Releases of contaminants have occurred during these activities. IRP-5S(b), IRP-6, IRP-8, and the Arsenic AOC have not received regulatory closure and are currently being evaluated. Information concerning contaminants associated with the IRP sites in the CO areas is provided in Section 3.0 of this FOSL. The lessee will be required to obtain DON and BCT approval before performing any subsurface excavation, digging, drilling, or other soil disturbance, or using groundwater within the CO areas. Notifications and Restrictions -- Areas of Concern The following summarizes notifications and restrictions that are required because AOCs are on the CO area property. Notifications Summary information for the 19 AOCs that are located within the CO area property is presented in Table 4. The AOC locations are shown on Figure 6. With the exception of the Arsenic AOC, all of the AOCs have received regulatory concurrence for NFA. A discussion of the Arsenic AOC is included in Section 3.2.4. Restrictions Use of the Arsenic AOC (CO-4), including subsurface excavation, digging, drilling, or other soil disturbance, or using groundwater, will require prior DON and BCT approval. Removal of this use restriction based on arsenic will be determined upon DON and BCT concurrence that restrictions for arsenic are no longer necessary. Notifications and Restrictions - Radiological Materials The following summarizes notifications and restrictions that are required due to the potential use or storage of radiological materials in and around buildings located within the CO area property. FOSL 2, Southern Parcels CO Areas, MCAS Tustin 13 February 2002 4.8.1 Notifications 4.8.2 A historical radiological assessment (HRA) (Roy F. Weston 2000) was conducted at MCAS Tustin. The purpose of the assessment was to identify buildings where potential past or present use of radiological materials may have occurred and recommend those buildings for a radiological survey. On the basis of the assessment, Buildings 190 (Parcel 12) and 556 (Parcel 11) will be investigated further in a radiological survey. Building 190 is a hangar where operating aircraft that used radioactive equipment were located during maintenance activities. Building 556 was investigated during the HRA because radioactive material was reportedly stored in and adjacent to this building in 1998 and 1999 while ship-out arrangements were being made before base closure. Specifically, the following items were investigated during the HRA. · Inside Building 190, the former helicopter maintenance area was investigated. Radioactive in-flight blade inspection systems and ice detector units with radioactive material were reportedly present in the helicopters that had previously been maintained in the building. · Inside Building 556, a 55-gallon drum containing radioactive components (i.e., 12 ice detectors and 2 radiation detection meters) was investigated. This drum was stored in a locked storage room. · Outside Building 556, 11 drums containing aluminum oxide sand blast grit were investigated. The sand blast grit contained detectable, although exempt, quantities of naturally occurring radium and thorium. The grit was reportedly never used for blasting of aircraft at MCAS Tustin because of its high abrasive characteristics. The ice detector units, radiation detection meters, and sand blast grit were removed in June 1999. DON will perform a radiological survey inside Buildings 190 and 556, and in the adjacent drum storage area outside of Building 556 to determine whether these buildings can be released for unrestricted use or whether institutional controls are necessary. RESTRICTIONS Buildings 190, 556, and the drum storage area adjacent to Building 556 will be prohibited from access pending the results of the radiological survey. Based on the survey results, DON will evaluate whether to release the buildings from this restriction. The survey results must also be approved by the regulatory agencies before the buildings are released for access under the lease. If a building is FOSL 2, Southern Parcels CO Areas, MCAS Tustin 14 February 2002 4.9 released, a Lease Restriction Revision Form (Attachment 3) will be completed to allow access to the building under the Southern Parcels CO Areas property lease. Notifications and Restrictions - Asbestos-Containing Material DoD policy with regard to asbestos-containing material is to manage ACM in a manner protective of human health and the environment, and to comply with all applicable federal, state, and local laws and regulations governing ACM hazards. Therefore, unless it is determined by competent authority that the ACM in the property poses a threat to human health at the time of transfer, all property containing ACM will be conveyed, leased or otherwise conveyed as is through the BRAC process (DoD 1994). ACM is considered to be a threat to human health if it is located within the interior of a building, and it is friable, accessible and damaged (FAD). Prior to property disposal, all available information on the existence, extent, and condition of ACM shall be incorporated into the Environmental Baseline Survey (EBS) report or other appropriate document to be provided to the lessee. The survey report or document shall include: · Reasonably available information on the type, location, and condition of asbestos in any building or improvement on the property; · Any results of testing for asbestos; · A description of any asbestos control measures taken for the property; · Any available information on costs or time necessary to remove all or any portion of the remaining ACM; however, special studies or tests to obtain this material are not required; and · Results of a site-specific FAD ACM survey performed to revalidate the condition of the ACM. However, the DON is required to conduct a FAD ACM survey only when the reuse plan calls for a building to be reused/occupied, rather than demolished. Furthermore, a FAD ACM survey is not required if ACM has never been identified in the interior of a building during any previous asbestos survey, or if an asbestos survey conducted after 1996 found no damaged ACM and there is no reason to suspect any damaged ACM is present. The 1996 date was established to be consistent with the Asbestos Hazard Emergency Response Act (AHERA), which calls for a re-inspection to assess the physical condition (i.e., good or damaged) of ACM at least once every three years. Since base closure occurred in 1999, any qualified inspection performed in 1997 or later meets the intent of these regulations. Asbestos-containing material shall be remediated prior to property disposal only if it is of a type and condition that is not in compliance with applicable laws, FOSL 2, Southern Parcels CO Areas, MCAS Tustm 1 5 February 2002 4.9.1 4.9.1.1 regulations, and standards, or if it poses a threat to human health at the time of transfer of the property (i.e., FAD ACM). This remediation should be accomplished by the DON or by the lessee under a negotiated requirement of the property lease. Use of such buildings must be restricted until abatement has been completed. The remediation discussed above will not be required when the buildings are scheduled for demolition by the lessee; the lease document prohibits occupation of the buildings prior to the demolition; and the lessee assumes responsibility for the management of any ACM in accordance with applicable laws. Buildings, which are to be demolished, may be occupied on an interim basis if the lessee conducts the necessary ACM surveys and abatement according to all local, state, and federal requirements. A graphical representation of this policy and the decision-making process is presented as Figure 9. The following summarizes notifications and restrictions that are required due to the reported presence of ACM in some of the buildings located on the CO area property. Notifications Three ACM surveys conducted at MCAS Tustin included buildings in the Southern Parcels CO Areas, and the survey results were presented in reports dated December 1988, December 1991, and January 2001 (IT Corporation 1988, Ecology and Environment, Inc. 1991; URS 2001, respectively). The January 2001 survey was limited to FAD ACM. Results from the ACM surveys are summarized in Table 2. To assure full disclosure of all ACM on the parcels, copies of the ACM survey reports will be included in the lease documentation. Buildings Planned for Demolition or "To Be Determined (TBD)' Building 190 was built in 1970 and is located in Parcel 12. The 1991 asbestos survey reported numerous types of non-friable ACM. The 2001 survey reported FAD ACM. See Table 2 for a description. Building 212 was built in 1972 and is located in Parcel 7. The 1988 asbestos survey reported friable damaged ACM (ceiling tile). However, the January 2001 survey reported no FAD ACM in the building. Building 219 was built in 1976 and is located in Parcel 7. The 1991 asbestos survey reported no ACM in the building. Building 267 was built in 1984 and is located in Parcel 11. This building has never been surveyed. FOSL 2, Southern Parcels CO Areas, MCAS Tustm 16 February 2002 4.9.1.2 4.9.2 Building 556 was built in 1990 and is located in Parcel 11. This building has never been surveyed. Buildings Planned for Reuse Building 250 was built in 1984 and is located in Parcels 11, 12 and 40. This building had never been inspected for asbestos during the operational life of the base. Since this building was specified as being reused, the DON conducted a FAD ACM survey pursuant to DoD policy. The revalidation survey to identify FAD ACM was conducted in Building 250 in January 2001 (URS 2001). No FAD ACM was identified in the building. Building 251 was built in 1984 and is located in Parcel 12. This building had never been inspected for asbestos during the operational life of the base. Since this building was specified as being reused, the DON conducted a FAD ACM survey pursuant to DoD policy. The revalidation survey to identify FAD ACM was conducted in Building 251 in January 2001 (URS 2001). No FAD ACM was identified in the building. Restrictions Building 190 - Since FAD ACM was observed in this building, it will be restricted from occupancy, and the lease will indicate that if the lessee chooses to occupy the building on an interim basis, the lessee assumes responsibility for the management of ACM in accordance with applicable laws. "Occupation" includes access in the vicinity of the buildings, with the exception of short-term tours and emergency maintenance with prior DON notification and approval. This building may be occupied if the lessee conducts the necessary ACM surveys and abatement according to all local, state, and federal requirements. Buildings 267 and 556 - Since no ACM surveys have been conducted at these buildings, they are restricted from occupancy prior to demolition. This building may be occupied if the lessee conducts the necessary ACM surveys and abatement according to all local, state, and federal requirements. Buildings 212, 250 and 251 - Since no FAD ACM was found in these buildings, they may be leased without restrictions for occupancy due to ACM. However, the lessee must still assume responsibility for the management of ACM, if any. Building 219 - Since no ACM was observed in this building and it is scheduled for demolition, this building may be leased without restrictions for occupancy due to ACM. However, the lessee must still assume responsibility for the management of the existing ACM, if any. FOSL 2, Southern Parcels CO Areas, MCAS Tustm 17 February 2002 4.10 4.10.1 4.10.2 5.0 Notifications and Restrictions -- Groundwater Use/Subsurface Excavation The following summarizes required notifications and restrictions relating to groundwater use and subsurface excavation within the CO area property. Notifications As noted in Section 3.1, VOC-contaminated groundwater exists beneath IRP-6 and IRP-8, and arsenic-in-soil impacts in the Arsenic AOC are currently being evaluated. Restrictions To address potential risks associated with environmental factors at CO-I, CO-2, CO-3, and CO-4 the lessee cannot excavate, dig, drill, or otherwise disturb soil and extract or use groundwater beneath these areas without obtaining prior DON and BCT approval. Until remedial activities at CO-l, CO-2, CO-3, and CO-4 are completed and regulatory concurrence for no further action is achieved, the lessee may not conduct construction projects without prior approval from DON and the BCT. The lessee must demonstrate to DON and the BCT that these activities will not interfere with or adversely affect DON response action(s) for the IRP sites and/or the Arsenic AOC and that human health and the environment will be adequately protected. No activities will be conducted until written approval is obtained from DON and the BCT. Removal of this use restriction based on groundwater and soil contamination will be determined upon DON and BCT concurrence that restrictions for groundwater use and subsurface excavation are no longer necessary. SUMMARY OF RESTRICTIONS The prospective lessee will be required to comply with all environmental provisions. Following are some of the environmental provisions that apply to this FOSL (a complete summary of notifications and restrictions is shown in Table 9). · Buildings 219, 556, and 250 will be restricted from occupancy unless appropriate air monitoring within the buildings is conducted by the lessee and the results are reviewed and approved by DON and the BCT (Section 4.1). · Buildings 190 and 212 will be restricted from residential use and children will not occupy these buildings unless the necessary LBP FOSL 2, Southern Parcels CO Areas, MCAS Tustm 18 February 2002 6.0 7.0 Buildings 190 and 212 will be restricted from residential use and children will not occupy these buildings unless the necessary LBP surveys and abatement is performed and approved by DON and the BCT (Section 4.2.2). · Building 219 will be restricted from use prior to demolition and the lessee will conduct post-demolition sampling of the soil and conduct any required LBP abatement prior to occupancy of newly constructed buildings (Section 4.2.2). The aluminum shed adjacent to building 219 will not be restricted due to LBP because it is unpainted. · Subsurface excavation, digging, drilling, or otherwise disturbing the soil and extracting or using groundwater will be restricted within the CO area property, which includes IRP-5S(b), IRP-6, IRP- 8, and Arsenic AOC, unless prior approval for such activities is obtained by the lessee from DON and the BCT (Sections 4.6, 4.7.2, and 4.10.2). · Buildings 190, 556, and the drum storage area will be prohibited from access pending the results of the radiological survey and the completion of any necessary response action by DON (Section 4.8.2). · Because FAD ACM is present, Building 190 will be restricted from occupancy-during the lease period unless abatement is completed by the lessee (Section 4.9.2). · Buildings 190, 267, and 556 will be restricted from occupancy unless necessary ACM surveys and abatement are completed (Section 4.9.2). The lease will include an easement section that will generally describe easements and rights of access for the duration of the lease. Southern California Edison substation SS-2 on Parcel 11 will be located on an easement. REGULATORY COORDINATION U.S. EPA, DTSC, and the Santa Ana RWQCB were notified of the initiation of this FOSL and were issued copies for review. NOTICE OF HAZARDOUS SUBSTANCES Pursuant to CERCLA Section 120(h)(3)(A)(i) and the provisions of 40 Code of Federal Regulations Part 373, preparation of a notice of hazardous substances stored, released, or disposed within the parcels at MCAS Tustin is required for transfer of the parcels. The Hazardous Substance Notification Table and FOSL 2, Southern Parcels CO Areas, MCAS Tustan 19 February 2002 8.0 9.0 UST/AST Substance Notification Table are provided in Attachment 4. The UST/AST Substance Notification Table lists the UST/AST sites (containing petroleum products), which are within the scope of the CERCLA Petroleum Exclusion set forth in CERCLA Section 101(14). RIGHT OF ACCESS The lease will contain appropriate provisions reserving access to the property for DON and regulatory agency personnel to conduct investigations, surveys, sampling, monitoring, and remedial action activities. Access to monitoring wells I006MW02S (Parcel 40), and I006MW01S, I006MW01D, I006MW03S, and I006MW04S (Parcel 11), used for quarterly water-level measurements, will be required after the lease expires and the property is conveyed (Figure 8). A summary of the monitoring activities is included in Table 6. CONCLUSIONS/FINDING OF SUITABILITY TO LEASE IN FURTHERANCE OF CONVEYANCE Based on the foregoing information and analysis, I find that the property identified in this FOSL (Southern Parcels CO Areas) is suitable for lease for the purposes intended, subject to the conditions, notifications, and restrictions set forth in this document. The property can be used pursuant to the proposed lease, with the specified use restrictions in the lease, with acceptable risk to human health and the environment and without interference with the environmental restoration process. Date: 21 ~O~- Signature: Commander FOSL 2, Southern Parcels CO Areas, MCAS Tustin 20 February 2002 Z-dU..: ~,-[- Table 5 Former Underground Storage Tanks and Aboveground Storage Tanks Within the Southern Parcels Carve-Out Areas Parcel (Carve-Out ECP Area UST/AST Area) Description Status Type* UST-251 12 700-gallon fiberglass waste oil Closure activities complete. 1 (CO-4) UST associated with OWS- NFA approval BCT 251. Installed in 1984 and 09 March 2000. removed December 1998. UST-252 12 500-gallon fiberglass waste oil Closure activities complete. 1 (CO-4) UST with monitoring system NFA approval BCT and associated with OWS- 09 March 2000. 252. Lift station to sanitary sewer. Installed in 1990 and removed December 1998. AST-558A 12 2,000-gallon steel diesel AST Closure Report issued 1 (CO-4) removed November 1998. 07 December 2000. NFA approval RWQCB 17 January 2001. AST-558B 12 2,000-gallon steel gas AST Closure Report issued 1 (CO-4) removed November 1998. 07 December 2000. NFA approval RWQCB 17 January 2001. AST-568 12 550-gallon steel Closure Report issued 1 (CO-4) noncombustible waste AST 07 December 2000. NFA removed April 1999. approval RWQCB 17 January 2001. Note: * see Table 7 for definitions of ECP area types Acronyms/Abbreviations: BCT - ECP - OWS - NFA - RWQCB - UST - aboveground storage tank Base Reahgnment and Closure (BRAC) Cleanup Team environmental condition of the property oil water separator no further action Regional Water Quality Control Board underground storage tank FOSL 2, Southern Parcels CO Areas, MCAS Tustm 1 of 1 February 2002 Table 6 Groundwater Monitoring Wells Within the Southern Parcels Carve-Out Areas Monitoring Well Parcel (Carve-Out Area) Disposition 1006MW01S 11 (CO-2) 1006MW02S 40 (CO-2) 1006MW03S 11 (CO-2) 1006MW04S 11 (CO-2) 1006MW01D 11 (CO-2) Monitored quarterly Monitored quarterly Monitored quarterly Monitored quarterly Monitored quarterly Note: Monitoring wells are momtored quarterly for depth to groundwater, volatile organic compounds, and general chemistry FOSL 2, Southern Parcels CO Areas, MCAS Tustm 1 of 1 February 2002 Table 7 Department of Defense Environmental Condition of Property Area Types* Area Type Description 1 Areas where no release or disposal of hazardous substances or petroleum products has occurred (including no migration of these substances from adjacent areas) Areas where only release or disposal of petroleum products has occurred Areas where release of hazardous substances has occurred but at concentrations that do not require a removal or remedial action Areas where release, disposal, and/or migration of hazardous substances has occurred, and all remedial actions necessary to protect human health and the environment have been taken Areas where release, disposal, and/or migration of hazardous substances has occurred, and removal or remedial actions are underway, but all required remedial actions have not yet been taken Areas where release, disposal, and/or migration of hazardous substances has occurred, but required response actions have not yet been implemented Areas that have not been evaluated or require additional evaluation Note: according to the Department of Defense BRAC Cleanup Plan Guidebook (DoD 1996), properties classified as Area Types 1 through 4 may be considered suitable for transfer, and properties classified as Area Types 5 through 7 are considered unsuitable for transfer Acronyms/Abbrevia tions: BP, AC - base realignment and closure DoD - Department of Defense FOSL 2, Southern Parcels CO Areas, MCAS Tustin 1 of 1 February 2002 Table 8 Environmental Factors Considered Within the Southern Parcels Carve-Out Areas Environmental Factors May Pose Restrictions or Require Notification? Environmental Factors Considered No Yes X Hazardous substances (notification) X Areas of concern X Medical/biohazardous wastes X Oil/water separators X Monitoring wells X Unexploded ordnance X Petroleum products and derivatives X Radioactive & mixed wastes X Storage tanks (USTs/ASTs) X Pesticides/herbicides applications X Asbestos-containing material X Drinking water quality X Indoor air quality X Lead-based paint X Polychlorinated biphenyls X Radon X Air conformity/air permits X Coastal zones X Energy (utilities) X Flood plains X Groundwater use/subsurface excavation X Hazardous waste management (by lessee) X Historic property (archeological/Native American, paleontological) X Occupational Safety and Health Administration X Outdoor air quality X Prime/unique farmlands X Sanitary sewer systems (wastewater) X Sensitive habitat X Septic tanks (wastewater) X Solid waste X Threatened and endangered species X Transportation X Wetlands Acrony ms/Abbrevia t-ions: AST - aboveground storage tank UST - underground storage tank FOSL 2, Ex~uthern Parcels CO Areas, MCAS Tustin 1 of I February 2002 MCAS ... Irvine .~, Finding of Suitability to Lease Figure 1 MCAS Tustin Vicinity Map, FOSL 2 Marine Corps Air Station, Tustin, California Bechtel National,/nc. CLEAN II Program Date: 8/30101 File No.: 187R7687 Job No.: 22214-187 Rev No.: A / / ,, / · / ,,¸2 ! °/ ? /' // ,/ ,/ // /// / 0 c ,,/ /.,. · , ,z I ,? / ,/ i' / ~ z m 0 ×/ 0 · ~ o ~'-'o,' =~ ~o ~.m .. m,,,m ,'" z ~,J Or" ~o ~, ~ ~' o.~m ~--:- ........ · z_~.,u ::= ce ,~ mz -,.,Z i ,. ~ .,. ~,n~ mm m~o ~ m 0 ~m cm , ~.m / I// , //?" // . / / , ., /' ""' .... :," '"'" X '"' q .... ' ' P,, //.,,/' .....,. .,. ...... · ~/'/' //~' ~w/' , ,. ;,," ~ ,, :.; :..... ,...,,, ....., , /,~':" ;..~.~;.;" ~ .....:..' .. ..Y , ,1::, L,,,,.,' ' /-" ~ '" '"'"",i'...' 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"a ........ ~ o ',. /' > , "0 '", ',, :x ~ ,,,/ '~ ',,, ~ , ,(,~ " " ' ' L'~.'" -, / ... .... ",. ,, x.., / . · , .z , ,.z ,, · / ~ ' .,· ". ,. / , ~,, , , ~', . . , ',/ , / ,./ ' ' / ' \ ~'. / ·, ~ .- · · , ',~,. ,,, 'j~ ,, / , ~.., / ' ~ / "., '. / / ' ~ ',' \ /. , o " ' I~. .?' / , · " 0 / , ,' '.,,.' ~mi ",i" ' · .................. i m ,"' · ;: i ~ / .... .~... . .:' ,.5'i o~ ~, , :'., ,:: .' %, ' . · ' "-" ','i ~ "" ' 'x, . /,.// i>I ,, , . :, ~ ~ ' ' X' ' , 7 i, m /I,. ,,..~;::: x ,'/ o.~oo... ~, ._. ~ . -.%. r" · <=~.~o.m_.. oo E m zE.z~o _m · ..~< ,. m=~,,,o m _~zm,-m ;:;0 Z -- __.~ m~ > ~ ,~ ~ m m 0 rn ' =O-~,m _-~'m ~.m ~ ..... ~.z, ~z /',., .( ! ? · /? 0 r / x, · ,. /~- , ~ , z// '',fi,,, ,, · , / / ',. "'-, ........... ///. ', / // / / / / / L C') ,/ /-, / / / / ,, 0 ,. / / ,/ · ', i ,,':;' 5 ;:-:: ..... ,./'/' //' ";/' .~;: ¢::~" .¥~'-',;. .... : ....................... .~.... .,, '~::::~-" :::.: i, . ,,/~ <;,'"' _..ii,. ..... .-_ .' :.' .'.Z :: ' : Z ' '2'-2-Z7-:.'-': ........... ~- · .-....::-...':"2.: '- ............ ,, .// / ,/ ,,/' ../ Z i ,ni ! ? · · / / / ./ · // / , / / "'x ,/ / · ., / / / ,,' , ...... .... : ........... .,, .,,.., ,~, ~ ~ ~ .. ':7' - :': ' :'::':::':" "O · x i . /. . t 'x ~ ".,., '\ ~'" / / " " ' '"~ ' \ 9 '"' \" / " ~'~/ .,. "~ '~ ' ".,\ ~\ / "' ". /' .,, / ~'~. _~ " i 0 i, /'" ' 4"'" ',,,x.~ '\ ."'"', ////. ,' , " '-'-- 0 0 0 0 t.~ .IT!_ P~ ~'__ 0 0 m'~ O0 ~ ~ O~ m~'~ ~z ~z ~o ,ko ATTACHMENT REFERENCES REFERENCES Bechtel National, Inc. 1996a. Draft Final Expanded Site Inspection Report, Marine Corps Air Station Tustin, CA. Prepared for Southwest Division Naval Facilities Engineering Command. October. 1996b. Draft Final Background Concentrations of Metals Issue Paper, Marine Corps Air Station Tustin, CA. October. 1997. Draft Final Remedial Investigation Report for Operable Units 1 and 2, Marine Corps Air Facility Tustin, CA. November. 2000. Draft Final Feasibility Study Report for Operable Unit 1, Marine Corps Air Facility Tustin. February. 2001. Final Basewide Environmental Baseline Survey, Marine Corps Air Facility Tustin, CA. Prepared for Southwest Division Naval Facilities Engineering Command. March. BNI. See Bechtel National, Inc. Brown and Caldwell Consulting Engineers. 1985. Initial Assessment Study of Marine Corps Air Station Tustin, California. NEESA 13-075. Prepared for Naval Energy and Environmental Support Activity. September. Bufion, E.L. 1991. Department of the Navy. Marine Corps Air Station El Toro. Commandant of the Marine Corps. Letter regarding Navy Radon Assessment and Mitigation Program Screening Results. May. City of Tustin. 1998. MCAS Tustin Specific Plan/Reuse Plan Errata. September. DoD. See United States Department of Defense. DON. See United States Department of the Navy. Ecology and Environment, Inc. 1991. Asbestos Survey and Assessment, Camp Pendleton, El Toro, and Tustin Marine Corps Air Stations, CA- Volume 1. December. IT Corporation. 1988. Asbestos Survey for United States Marine Corps, Marine Corps Air Station Tustin, CA. Asbestos survey data per Harding Lawson Associates. 1997. Jacobs Engineering Group Inc. 1992. MCAS Tustin, CA, Facility Assessment Revised Preliminary Review/Draft Visual Site Inspection Report. Prepared for Southwestern Division Naval Facilities Engineering Command. 1993. MCAS Tustin, Santa Ana, CA, Final Site Inspection Report. March. JEG. See Jacobs Engineering Group, Inc. Kennedy/Jenks Consultants. 1992. Inventory of PCB Items and Equipment at Marine Corps Air Station Tustin. November. Navy Public Works Center, San Diego. 1996. PCB Transformer Laboratory Data Reports, MCAS Tustin. December. PWC. See Navy Public Works Center. FOSL 2, Southern Parcels CO Areas, MCAS Tustm 1 February 2002 Roy F. Weston. 2000. Draft Final Historical Radiological Assessment, Marine Corps Air Facility, Tustin. December. United States Department of Defense. 1994. Asbestos, Lead Paint and Radon Policies at BRAC Properties. Memorandum for Assistant Secretary of the Army (Installations, Logistics, and Environment); Assistant Secretary of the Navy (Installation and Environment); Assistant Secretary of the Air Force (Manpower, Reserve Affairs, Installations, and Environment); and Director, Defense Logistics Agency. From Principal Assistant Deputy Under Secretary of Defense (Environmental Security). October. 1996a. DoD Policy on the Environmental Review Process to Reach a Finding of Suitability to Lease (FOSL). May. 1996b. Base Realignment and Closure (BRAC) Cleanup Plan Guidebook. July. United States Department of Navy. 1989. Letter on Navy Policy for Disposal of Light Ballasts Containing PCBs. 21 November. 1999. Final Environmental Impact Statement/Environmental Impact Report for Disposal and Reuse of the Marine Corps Air Facility Tustin, CA. In conjunction with the city of Tustin. December. 2001. Final Base Realignment and Closure Business Plan, 2000 in Review for Marine Corps Air Station Tustin, CA. 07 February. 2001 a. National Environmental Policy Act Record of Decision. 02 March. URS. 2001. Marine Corps Air Station E1 Toro and Marine Corps Air Facility Tustin Friable, Accessible, and Damaged (FAD) Asbestos Survey Report. January. FOSL 2, .%uthern Parcels CO Areas, MCAS Tustin 2 February 2002 ATTACHMENT 2 NO FURTHER ACTION REGULATORY CONCURRENCE LETTERS FOR AOCs, USTs, AND ASTs WITHIN THE SOUTHERN PARCELS CARVE-OUT AREAS ATTACHMENT 3 LEASE RESTRICTION REVISION FORM LEASE RESTRICTION REVISON FORM Lease Restriction Revision (Navy Endorsement/Re~lato~ Review) Form Upon completion, this form shall be attached to the original Finding of Suitability to Lease (FOSL) under revision. SUBJECT: Parcel Identity FOSL Revision # ; Revision Date: NAVY ENDORSEMENT: Section 5: "Summary of Lease Restrictions" of the MCAS Tustin FOSL for above subject Parcel Identity is hereby revised as follows: Check TYPE OF REVISION Lease Restriction/Condition Number(s} Box (Refer to Section 5 of the FOSL) REMOVE ADD Text enclosed Yes [~] No [~ MODIFY (text enclosed) As a result of this revision, the following area(s) and/or facility(ties) is (are) now suitable for occupancy/access: Area(s) and/or facility(ties) which is (are) now not suitable for occupancy/access based on addition/modification of the restriction(s) is (are) as follow(s): The following enclosure(s) provide(s) the environmental documentation for each of the lease restriction/condition revisions identified above: BRAC ENVIRONMENTAL COORDINATOR DATE EPA CONSULTATIONS/REVIEW: [~ The environmental documentation for the revision to the lease restriction/conditions as identified in the above Navy Endorsement has been reviewed by this office. Based upon the information provided, this office is satisfied that the assessment is complete and has no comments regarding the Navy endorsement. ~ This office does not concur with the Navy endorsement. Review comments and the rationale for the lack of concurrence are provided by Attachment (1). ENVIRONMENTAL PROTECTION AGENCY DATE DTSC CONSULTATIONS/REVIEW: ~ The environmental documentation for the revision to the lease restriction/conditions as identified in the above Navy Endorsement has been reviewed by this office. Based upon the information provided, this office is satisfied that the assessment is complete and has no comments regarding the Navy endorsement. ~ This office does not concur with the Navy endorsement. Review comments and the rationale for the lack of concurrence are provided by Attachment (1). DEPARTMENT OF TOXIC SUBSTANCES CONTROL DATE ATTACHMENT 4 HAZARDOUS SUBSTANCE AND UST/AST SUBSTANCE NOTIFICATION TABLES Z Z Z Z ~ ~ ~ Z Z Z Z Z Z Z ZZZZ ~ 0 ~ Z Z Z Z o ~ ~ Z Z Z Z Z Z Z ZZZZ ~ ~ o Z Z Z Z ~ ~ ~ Z Z Z Z Z Z Z ZZZZ ~ 0 ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z ZZZZ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z zzzzzz~>~zzzzzzzzzzz zzzzzzzz~ zzzzzzzzzzz m Z Z Z Z Z Z Z Z ~C~ Z Z Z Z Z Z Z Z Z Z Z ZZZZZZZZ ZZ ZZZZZZZZZ ~ zzzzzzzzzzz~~~? ~ · .i. ol..i. .i i 0 o o o ooo ~ d~dd ~ ~>>>>> ~zzzzzz z z z zzz zzz zzzz zz zzz~~ z ZZZZZZZZ Z Z Z ZZZ ZZZ ZZZZ ZZ ZZZZZZZ Z ZZZZZZZZZ Z Z Z Z ZZ Z ZZ Z ZZZ ZZ ZZ ZZZZZ Z ZZZZZZZZZ Z Z Z zzz z z z z z z z z z z z z i:~ z z z 3>>> ~> > > > 3>> 3> 3> 3>-~ > 3> 3> C~CCCCC C C ~C = = g§g>> > o mmm 03 ZZZ 0 0 0 z ~,'~ I .... m~ m~m~~ ~1= ........ - =w~~ e ~ e e ~ ~ Z~ Z ~ ~ ~~ Zl~ ZZZZ ~ 0~0 HHHH 0000 ' ' · 0 0 0 __ 01 '~ ×~ -'tm 0 z LIJ: Z Z ! ATTACHMENT 5 COMMENTS/RESPONSE TO COMMENTS C o ,.= '~ c -'5 6 -- 0 u N C ~ ::5 :., 0 ...=: ~ [-... 0 ,'o~ a:::: :'"' ~ "" '"; ~ ~ - ~.-.a ~ ~..,=.T_. ~ 8.'~ -a ~ 'r_.. ,-,'"".r.u= ::,'.= o~ = ~ .o. ~_ <~ .o. o ~ ~ '~ = ~ ~ ,~ ~ ~ ~ ~ o ~'~ = ~ - ~"-= ~ =8 ~o '- ~=u ~ ~o o C E ATTACHMENT DTSC CONCURRENCE LETTER '"inston H. HickQx 2ency. Secretary L;alJfornia Environmental Protection Agency Department of Toxic Substances Controi Edwin F. Lowry, Director 5796 Corporate Avenue Cypress, California 90630 P. O2/04 Gray Davis Governor February 27, 2002 Mr. Keith S. Forman BP, AC Environmental Coordinator Naval Facilities Engineering Command BRAC Program Office 1230 Columbia Street, Suite 11 O0 San Diego, California 92101-8517 FINDING OF SUITABILITY TO LEASE (FOSL) FOR SOUTHERN PARCELS CARVE OUT (CO) AREAS 1, 2, 3, AND 4, MARINE CORPS AIR STATION (MCAS) TUSTIN, CALIFORNIA .. Dear Mr. Forman: On January 23, 2002 the Department of Toxic Substances Control (DTSC) received the subject document dated January 2002. DTSC reviewed the document and had some additional comments. Based upon review of specific revised text, tables and figures, the additional comments have been appropriately addressed. Based on DTSC's review of the information presented in the document and the subsequent changes, DTSC concurs that the Southern Parcels CO Areas property is suitable for lease for the purposes intended (commercial/business) subject to the conditions, notifications, and restrictions set forth in the FOSL. There are three buildings (190 [CO Area 4], 212 and 219 [CO Area 3])located on the CO Area property which were constructed prior to 1978, the year when lead-based paint (LBP) products were discontinued. Based on the age of construction, LBP may be present on these buildings. The buildings and the surrounding environment are designated for commercial/business use where children will be restricted from occupying any of the buildings. Exposure to soil is also limited in these areas because Building 190 is completely surrounded by concrete and Building 212 is completely surrounded by concrete/asphalt. The designation of Building 219 includes one building and one structure (an unpainted aluminum shed). The LBP issue is only related to Building 219 and not its associated structure. Building 219 is surrounded by concrete The energy challenge, facing California i$ ~aaL Every Californian needs to fal(e immediate ,~cb'on to reduce energy consumption. For a list of ~irnple ways you can reduce ~emand eno cur your energy costs, zee our Web-,site at www. Ct$c. ca.gov. Printed on Recycled Paper Mr. Keith S. Forman February 27, 2002 Page 2 on the southwest and northwest sides of the building and grass on the northeast and southeast sides. Due to the designated reuse of the property and the site conditions, DTSC is confident that all three buildings and the surrounding environment can be leased, with the appropriate restrictions, in a manner that is protective of human health and the environment. However, if the designated land use changes from commercial/business to a more sensitive use (i.e., residential), DTSC would have to reevaluate its decision to concur on CO Areas 3 and 4 for lease. Although DTSC is concurring on this FOSL, LBP may be an issue for the future transfer of CO Areas 3 and 4. DTSC maintains that any lead released to soil from LBP is a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) release to the environment. The surfaces of Buildings 190,212 and 219 may have LBP that could be released to the soil. DTSC will have to determine whether, pursuant to CERCLA 120(h)(3); ali actions have been taken at CO Areas 3 and 4 to remedy potential releases of lead to the environment from LBP. Based on this determination, DTSC will decide if CO Areas 3 and 4 are suitable for transfer. Thank you for providing DTSC with the opportunity to review this FOSL. If you have any questions regarding this letter, please contact Ms. Jennifer Rich at (714) 484-5415. Sincerely, Triss M. Chesney, P.E. Acting Unit Chief Base Closure/Reuse Unit Southern California Branch Office of Military Facilities CC: Mr. James Ricks Project Manager U.S. Environmental Protection Agency (SFD-H-8) Region IX 75 Hawthorne Street San Francisco, California 94105 Ms. Patricia Hannon Project Manager Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, California 92501-3339 FEB 2? 2882 18:14 PAGE.03 FEB-2?-2002 09:~6 P.04/04 Mr. Keith S. Forman February 27, 2002 Page 3 Mr. Dana Ogdon Senior Planner City of Tustin 300 Centennial Way Tustin, California 92780 Ms. Mary Lynn Norby, Co-Chairperson Restoration Advisory Board 14512 Emerywood Road Tustin, California 92780 TOTAL P.04 EXHIBIT D FINDING OF SUITABILITY TO LEASE FOR CARVE-OUT AREAS 5, 6, 7, 8, 9, 10, and 11 MARINE CORPS AIR STATION TUSTIN TUSTIN, CALIFORNIA 26 APRIL 2002 FINDING OF SUITABILITY TO LEASE FOR CARVE-OUT AREAS 5, 6, 7, 8, 9, 10, and 11 MARINE CORPS AIR STATION TUSTIN TUSTIN, CALIFORNIA 26 APRIL 2002 TABLE OF CONTENTS 1.0 2.0 3.0 4.0 Purpose .............................................................................................................................. 1 Property Description ...................................................................................................... 3 Environmental Condition of the Property ................................................................. 5 3.1 Area Types ............................................................................................................ 6 3.2 Environmental Concerns within CO Areas ..................................................... 8 3.2.1 CO-5 ........................................................................................................... 8 3.2.1.1 IRP Sites in CO-5 ..................................................................... 8 3.2.1.2 AOCs in CO-5 ........................................................................ 10 3.2.1.3 UST Sites in CO-5 .................................................................. 11 3.2.2 CO-6 ......................................................................................................... 12 3.2.2.1 IRP Sites in CO-6 ................................................................... 13 3.2.2.2 AOCs in CO-6 ........................................................................ 13 3.2.2.3 UST Sites in CO-6 .................................................................. 13 3.2.3 CO-7 ......................................................................................................... 13 3.2.3.1 IRP Sites in CO-7 ................................................................... 14 3.2.3.2 AOCs in CO-7 ........................................................................ 14 3.2.4 CO-8 ......................................................................................................... 14 3.2.5 CO-9 ......................................................................................................... 14 3.2.5.1 IRP Sites in CO-9 ................................................................... 15 3.2.6 CO-10 ....................................................................................................... 15 3.2.6.1 IRP Sites in CO-10 ................................................................. 15 3.2.7 CO-11 ....................................................................................................... 16 3.2.7.1 AST Sites in CO-11 ................................................................ 16 Notifications and Restrictions .................................................................................... 17 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 Hazardous Substances and Petroleum Products ........................................... 17 Areas of Concern and Areas Under Evaluation ............................................ 18 Unexploded Ordnance ...................................................................................... 18 Radiological Materials ....................................................................................... 19 Storage Tanks (USTs/ASTs) ............................................................................. 19 Pesticides ............................................................................................................. 20 Asbestos-Containing Material .......................................................................... 22 Indoor Air Quality ............................................................................................. 25 Lead-Based Paint ................................................................................................ 26 Polychlorinated Biphenyls ................................................................................ 28 Radon ................................................................................................................... 29 Groundwater Use/Subsurface Excavation .................................................... 29 Historic Property ................................................................................................ 30 Prime/Unique Farmland .................................................................................. 31 FOSL 3, MCAS Tustin i April 2002 TABLE OF CONTENTS (continued) 5.0 6.0 7.0 8.0 4.15 Wetlands .............................................................................................................. 31 4.16 Monitoring Wells ............................................................................................... 32 4.17 School Site Considerations ............................................................................... 32 Summary of Restrictions ............................................................................................. 35 Regulatory Coordination ............................................................................................. 37 Right of Access .............................................................................................................. 39 Conclusions/Finding of Suitability to Lease ........................................................... 41 TABLES o 2. 3. 4. 5. 6. 7. 8. 9. Buildings and Structures Summary of ACM Survey Results Summary of PCB Transformer Survey and PCB Equipment Inspection Results Areas of Concern Former UST/AST Sites Monitoring Wells and Surface Water Gauging Locations Department of Defense Environmental Condition of Property Area Types Environmental Factors Considered Notifications and Restrictions Summary FOSL 3, blCAS Tustin ii April 2002 TABLE OF CONTENTS (continued) FIGURES 2. 3. 4. 5. 6. 7. . . 10. 11. Marine Corps Air Station Tustin Vicinity Map Carve-Out Areas Buildings and Structures Within Carve-Out Areas Areas of Concern Within Carve-Out Areas Former UST/AST Sites Within Carve-Out Areas IRP Sites Within Carve-Out Areas Monitoring Wells, Surface Water Gauging Locations, and Landfill Gas Monitoring Probes Within Carve-Out Areas Carve-Out Areas 5 and 11 Carve-Out Areas 6, 7, 8, and 9 Carve-Out Area 10 Decision Tree for Asbestos-Containing Material Surveys ATTACHMENTS o 2. 3. 4. 5. 6. o References No Further Action Regulatory Concurrence Letters Model Lease Provisions Lease Restriction Revision Form Hazardous Substances and Petroleum Products Notification Table DoD Policies on Asbestos, Lead-Based Paint, and Radon at Base Realignment and Closure Properties Comments/Response to Comments 8. Unresolved Comments FOSL 3, MCAS Tustin iii April 2002 This page intentionally left blank. FOSL 3, MCAS Tustm iv April 2002 ACRONYMS AND ABBREVIATIONS ACM AOC AST asbestos-containing material area of coilcern aboveground storage tank BCT BRAC BRAC Cleanup Team base realignment and closure Cal EPA CEQA CERCLA CO California Environmental Protection Agency California Environmental Quality Act Comprehensive Environmental Response, Compensation, and Liability Act carve-out area DDD DDE DDT DoD DON DSD DSS DTSC dichlorodiphenyldichloroethane dichlorodiphenyldichloroethene dichlorodiphenyltrichloroethane (United States) Department of Defense (United States) Department of the Navy disposal, storm drain disposal, sanitary sewer (California Environmental Protection Agency) Department of Toxic Substances Control EBS EIR EIS environmental baseline survey Environmental Impact Report Environmental Impact Statement FAD FFSRA FOSL FOST FS friable, accessible, and damaged (as applied to asbestos) Federal Facility Site Remediation Agreement finding of suitability to lease finding of suitability to transfer feasibility study IRP Installation Restoration Program JP-5 jet propellant grade 5 LBP LIFOC LRA lead-based paint Lease in Furtherance of Conveyance Local Redevelopment Authority MAE MCAS miscellaneous, air emissions Marine Corps Air Station FOSL 3, MCAS Tustm v April 2002 ACRONYMS AND ABBREVIATIONS (Continued) MCL MDA mg/L MMS MOA MTBE MWA maximum contaminant level miscellaneous, potential disposal area milligrams per liter miscellaneous, major spill Memorandum of Agreement methyl tertiary-butyl ether miscellaneous, wash area NBC NEPA NFA No. Nuclear Biological and Chemical National Environmental Policy Act no further action number OU operable unit PAH PCAP PCB pCi/L PEA ppm polynuclear aromatic hydrocarbon Petroleum Corrective Action Program polychlorinated biphenyl picocuries per liter preliminary endangerment assessment parts per million RCRA RI ROD RWQCB Resource Conservation and Recovery Act remedial investigation Record of Decision Regional Water Quality Control Board SHPO ST State Historic Preservation Officer storage, temporary TBD TCE TCP TPH TOW to be determined trichloroethylene trichloropropane total petroleum hydrocarbons treatment, oil/water separator U.S. EPA UST United States Environmental Protection Agency underground storage tank VOC volatile organic compound FOSL 3, MCAS Tustm vi April 2002 1.0 PURPOSE The purpose of this Finding of Suitability to Lease (FOSL) for the United States Department of the Navy (DON) is to document environmentally related findings that support the conclusion that seven areas in the northern, central, and eastern portions of Marine Corps Air Station (MCAS) Tustin, California, are suitable for lease for the purposes intended, subject to the conditions, notifications, and restrictions set forth in this document. This FOSL updates and supercedes the interim FOSL for Parcels 1, 2, 18, 19, 20, 21, and 22 dated September 2000. The areas addressed in this FOSL and proposed for a Lease in Furtherance of Conveyance (LIFOC) at MCAS Tustin include Installation Restoration Program (IRP) sites, areas of concern (AOCs), and areas that are currently under evaluation or remediation of impacted soils and/or groundwater. Because of the nature of the ongoing environmental investigation and/or remediation, the property contained within these areas cannot be conveyed per the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 120(h)(3)(A)(ii) for the conveyance of federal property. Leased properties however, may be used in accordance with the terms of each lease with acceptable risk to human health and the environment. For the purposes of this FOSL, seven carve-out (CO) areas have been designated to encompass the areas of MCAS Tustin with ongoing environmental investigations and/or remediation. Each of the CO areas includes a buffer zone around the impacted area to protect human health and the environment during ongoing investigation and/or remediation. The purpose of designating CO areas is to: Identify limited areas where restrictions are needed to prevent human exposure to potential contaminants while remedial action and ongoing investigations are being conducted, Establish boundaries wherein restrictions will be imposed to control subsurface excavation of potentially contaminated soil and/or impacted shallow groundwater, · Prevent extraction and use of contaminated groundwater, · Prevent interference during investigation activities, · Allow access for monitoring and remedial activities, and Prevent interference with the operation of any remediation system that may be installed on the properties in the future. The findings of suitability to lease supported by this document will be in effect for all properties included herein until the properties are found suitable for transfer by deed per the provisions of Section 120(h) of CERCLA. Specific terms of each lease will be FOSL 3, MCAS Tustin 1 April 2002 identified in the lease documents for each parcel or portion of a parcel. Ultimate parcel uses in the CO areas are designated as one of four categories: Educational/Recreational, Commercial/Business, Residential, or Circulation Facilities. These categories incorporate the specific parcel uses designated in the proposed reuse plan for MCAS Tustin. This FOSL was prepared in accordance with United States Department of Defense (DOD) guidance documents, including the DoD Base Reuse Implementation Manual (DoD 1997) and the DoD Policy on the Environmental Review Process to Reach a Finding of Suitability to Lease (DoD 1996a). This FOSL is based on information contained in the final Basewide Environmental Baseline Survey (EBS) for MCAS Tustin Report (BNI 200la) as well as information contained in the documents listed in Attachment 1 - References. IRP site designations, building/structure designations, and prior uses in this FOSL were derived from the final EBS Report. Proposed uses of the properties included in this FOSL are consistent with those presented in the MCAS Tustin Specific Plan/Reuse Plan Errata (Reuse Plan) (City of Tustin 1998). A Finding of Suitability to Transfer (FOST) was prepared concurrently with this FOSL to support conveyance of the portions of Parcels 1, 16, 17, 24, 27, 28, 40, and 41 that are not included herein as CO areas (DON 2002b). Several other parcels (23, 29, 34, 35, and 36) that do not include CO areas are also addressed in the FOST. The FOST, known as FOST 3 was finalized on 22 April 2002. Additional FOSTs will be prepared for properties included in this FOSL after they have been determined to be suitable for transfer pursuant to CERCLA Section 120(h). This FOSL is the third in a series of FOST and FOSL documents prepared for the transfer/lease of parcels within MCAS Tustin. Figure 2 shows the boundaries of property included in this and the previous documents. The documents referenced herein are available from the information repository in the government document section of the main library at the University of California at Irvine and the administrative record file located at Southwest Naval Facilities Engineering Command. FOSL 3, MCAS Tustm 2 April 2002 2.0 PROPERTY DESCRIPTION MCAS Tustin is located in southern California near the center of Orange County, approximately 40 miles south of downtown Los Angeles (Figure 1). The installation encompasses approximately 1,600 acres. The majority of MCAS Tustin is located within the city of Tustin, however approximately 95 acres in the southeast corner of the base fall within the city limits of Irvine. The base is bordered by the cities of Tustin, Irvine, and Santa Ana. MCAS Tustin was commissioned in 1942 as a DON lighter-than-air base. The installation was used to support observation blimps and personnel conducting antisubmarine patrols off the coast of southern California during World War II. In 1949, the base was officially decommissioned as an active facility because of the diminished need for blimp patrols. However, in 1951, the base was reactivated to support helicopter operations for the Korean War and was renamed the "Marine Corps Air Station (Helicopter) Santa Ana." In 1978, the installation name was changed to "MCAS (H) Tustin" to reflect its annexation by the city of Tustin. In 1986, the installation was renamed "MCAS Tustin." MCAS Tustin was operationally closed on 02 July 1999 in accordance with the Defense Base Closure and Realignment Act of 1990. Currently, the majority of the buildings are vacant, and the primary activities at the base are maintenance and environmental cleanup. The seven CO areas addressed in this FOSL together comprise approximately 315 acres located in the northern, central, and eastern portions of MCAS Tustin (Figure 2). The seven CO areas and their associated parcels are described below and shown in Figure 2. CO-5, approximately 235 acres, includes Parcels 2, 18, 19, 20, and 22, and portions of Parcels 1, 16, 17, 24 and 40. CO-6, approximately 32 acres, includes portions of Parcel 16. CO-7, approximately 4 acres, includes portions of Parcels 16 and 40. CO-8, approximately 21 acres, includes portions of Parcels 16, 27, and 40. CO-9, approximately 2 acres, includes portions of Parcels 27 and 40. CO-10, approximately 18 acres, includes portions of Parcels 28, 40 and 41. CO-11, approximately 2.5 acres, includes portions of Parcel 1. Parcel designations shown in Figure 2 are consistent with those presented in the EBS Report and the final MCAS Tustin Specific Plan/Reuse Plan Errata (Reuse Plan), except for Parcels 16, 27, and 40, which have been slightly modified (City of Tustin 1998). FOSL 3, MCAS Tustm 3 April 2002 Approximate CO area boundaries are shown in Figure 2. Features located within the CO areas include: 117 buildings and 33 structures as shown on Figure 3; 144 AOCs and Mooring Pads 4 and 5 as shown on Figure 4; 73 former underground storage tanks (USTs) and 10 former aboveground storage tanks (ASTs) as shown on Figure 5; 8 IRP sites, including IRP-1, IRP-3, IRP-5 (including IRP-5N and IRP-5S(a)), IRP-9 (including IRP-9A and IRP-9B), IRP-11, IRP-12, IRP-13 (including IRP-13E, IRP- 13S, and IRP-13W), and IRP-16 as shown on Figure 6; and 92 monitoring wells, 5 surface water gauging locations, and 3 landfill gas monitoring probes as shown on Figure 7. Information concerning the former use of the buildings/structures is provided in Table 1. Asbestos-containing material (ACM) and polychlorinated biphenyl (PCB) surveys have been conducted in many of the buildings/structures. ACM and PCB survey results are summarized in Tables 2 and 3, respectively. Summary information for the AOCs is provided in Table 4. Summary information for the former USTs and ASTs is provided in Table 5. Groundwater monitoring wells, surface water gauging locations, and landfill gas monitoring probes located within the CO areas are listed in Table 6. FOSL 3, MCAS Tustm 4 April 2002 3.0 ENVIRONMENTAL CONDITION OF THE PROPERTY The environmental restoration, environmental planning, and compliance programs at MCAS Tustin have been derived from and are being implemented pursuant to the following regulatory mechanisms: CERCLA, as amended by the Superfund Amendments and Reauthorization Act and the Community Environmental Response Facilitation Act Resource Conservation and Recovery Act (RCRA) National Environmental Policy Act (NEPA) California Environmental Quality Act (CEQA) Petroleum Corrective Action Program (PCAP) California Health and Safety Code DON is the lead federal agency regarding environmental restoration at MCAS Tustin. The California Environmental Protection Agency (Cai EPA) Department of Toxic Substances Control (DTSC) is the lead regulatory agency providing oversight. MCAS Tustin is not listed on the National Priorities List. A Federal Facility Site Remediation Agreement (FFSRA) between DON and DTSC for MCAS Tustin was signed on 18 August 1999. The FFSRA defines DON's corrective action and response obligations under RCRA and CERCLA. Since 1993, the Base Realignment and Closure (BRAC) Cleanup Team (BCT) has coordinated cleanup and closure activities at MCAS Tustin. The BCT consists of representatives from DON, the United States Environmental Protection Agency (U.S. EPA), the Cai EPA Santa Ana Regional Water Quality Control Board (RWQCB), and DTSC. These agencies reviewed and commented on the required documents included in Attachment 1 - References. Potential environmental impacts pertaining to the disposal and reuse of MCAS Tustin were addressed in the final Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) (DON 1999a) and were disclosed to agencies and the public for comment and review in compliance with the requirements of NEPA and CEQA. The EIS/EIR was prepared through the joint effort of DON (ELS) and the city of Tustin (EIR). DON prepared a NEPA Record of Decision (ROD) to document the selected proposed alternative for reuse at each of the parcels discussed in the EIS/EIR. The NEPA ROD was executed on 02 March 2001 (DON 2001). FOSL 3, MCAS Tustm 5 April 2002 3.1 Area Types The BRAC Cleanup Plan Guidebook (DoD 1996b) provides the BCT with direction to classify base property into one of seven area types in order to facilitate and support reuse and transfer. Descriptions of the seven area types are provided in Table 7. The area types are ranked in order of their suitability for transfer. Area types 1 through 4 are considered suitable for transfer by deed. Area types 5 and 6 are considered unsuitable for transfer by deed until all remedial actions have been completed or after the remedy has been demonstrated to be operating properly and successfully. Areas classified as area type 7 either have not been evaluated or require further evaluation in order to classify them into one of the other area types. The boundaries of CO areas 5, 6, 7, 8, 9, 10, and 11 encompass properties designated as area types 5 and 6, although some area type 1-4 properties are also present within the CO areas. The designated area types associated with environmental concerns (AOCs, UST/ASTs, or IRPs) are listed on Tables 4 and 5 and shown on Figures 4 and 5. All AOCs and UST/AST sites in the CO areas have been designated as Area Types 1 through 6 (Tables 4 and 5, respectively). One area currently under evaluation, Mooring Pads 4 and 5, is designated area type 7. Where AOCs, USTs, or ASTs (classified as Area Types 1 through 4) lie within the boundaries of an IRP site that has been classified as an area type 5 or 6, the area-type designation shown on Tables 4 and 5 depicts the environmental conditions associated with the AOC, UST, or AST rather than that of the IRP site. The CO areas contain seven active IRP sites (IRP-1, IRP-3, IRP-5 [including IRP-5N and IRP-5S(a)], IRP-11, IRP-12, IRP-13 [including IRP-13S and IRP-13W], and IRP-16) and two IRP sites that have received regulatory concurrence for no further action (NFA) (IRP-9 [including IRP-9A and IRP-9B] and IRP-13E). The IRP sites are being addressed in different Operable Units (OUs) that have been designated for further evaluation and/or remediation. All IRP sites are shown on Figure 6. OU-1A includes one area type 6 IRP site (IRP-13S) and two area type 6 AOCs (MWA-18 and ST-72B). OU-1A was created to address groundwater contaminated with chlorinated volatile organic compounds (VOCs) with concentrations exceeding drinking water maximum contaminant levels (MCLs). OU-1A activities are being coordinated with the PCAP for an adjacent methyl tertiary-butyl ether (MTBE) plume. A time-critical removal action is currently underway, and a Feasibility Study (FS) is currently being prepared for OU-1A. OU-1B includes two area type 6 IRP sites (IRP-3 and IRP-12) and two area type 6 AOCs (TOW-X3 and TOW-X4). OU-1B was created to address contaminated groundwater plumes consisting primarily of dissolved trichloroethylene (TCE) with minor amounts of other chlorinated VOCs at concentrations that exceed FOSL 3, MCAS Tust~n 6 April 2002 MCLs. The FS was completed in January 2002, and a Proposed Plan is being prepared for OU-1B. OU-2 includes three area type 4 IRP sites, (IRP-2, IRP-9 [including IRP-9A and IRP-9B], and IRP-13E). IRP-2 and portions of IRP-9B are included in the accompanying FOST. IRP-9A, IRP-13E, and portions of IRP-9B are included in the CO areas. Final closure for these three IRP sites was received with the signing of the OU-2 NFA ROD/Remedial Action Plan in September 2000 (Attachment 2). OU-3 includes one area type 5 IRP (IRP-1), formerly consisting of unlined shallow landfill trenches and pits constructed to burn flammable liquids for firefighter training exercises. These activities resulted in VOC and polynuclear aromatic hydrocarbon (PAH) contamination of soil and groundwater. A ROD was issued in December 2001 and an Operations and Maintenance Plan is currently being prepared. OU-4 includes four area type 6 IRP sites, (IRP-5 [including IRP-5N, IRP-5S(a),and IRP-5S(b)], IRP-6, IRP-8, and IRP-11), two area type 5 IRP sites (IRP-13W, and IRP-16), and thirteen area types 4-6 AOCs (DSD-1, DSS-l, DSS-2, MAE-4, MDA- 02, MMS-4, MMS-5, ST-14 (A-C), ST-15, ST-16A, ST-16B, ST-67, and TOW-X7). IRP-5S(b), IRP-6, and IRP-8 are included in a previous FOSL and the remaining IRP sites and AOCs are included in the CO areas. These OU-4 sites, with the exception of ST-16A and B, all contain areas of VOC groundwater contamination above MCLs. ST-16A and ST-16B contain areas of PAH contamination in soil. A focused FS report for OU-4 is currently being prepared. One hundred and forty-four identified AOCs are present within the CO areas (Figure 4). The majority of these AOCs (125) have received regulatory concurrence for NFA. Regulatory NFA concurrence signature pages for these AOCs are included in Attachment 2. The current status of AST/UST sites within the CO areas that have not received NFA concurrence is provided below: Two AOCs, MMS-7 and DSD-07 (in CO-5), are under further investigation, and will be evaluated under the RCRA program. The remaining seventeen AOCs are associated with one of the four OUs and are present in CO-5, CO-6, and CO-7. These AOCs require further evaluation and are being addressed in the IRP for MCAS Tustin. The current status of the AOCs is provided in Table 4 and AOC locations are shown on Figure 4. CO-8 contains an additional area under evaluation known as Mooring Pads 4 and 5. These pads were formerly used to support activity for thermal desorption units, however they have not been formally designated as AOCs. FOSL 3, MCAS Tustm 7 April 2002 Seventy-three USTs and ten ASTs were formerly located within the CO areas (Figure 5). All ASTs and USTs have been removed and fifty-eight have received regulatory concurrence for NFA. The current status of AST/UST sites within the CO areas which have not received NFA concurrence is provided below: Six UST sites are awaiting concurrence for NFA (UST-105A, B, C, D, E, and F). The remaining nineteen UST/AST sites (UST-1, UST-16, UST-18A and B, UST- 27A and B, UST-29A, UST-90, UST-135, UST-222A, B, C, D, G, H, and I, UST-268, and AST-194A and B) require further action and have ongoing investigations or are conducting remediation. Extraction and treatment of MTBE contaminated groundwater associated with UST-222 is currently underway under the PCAP. The current status of these UST/AST sites is provided in Table 5. The former UST and AST locations are shown on Figure 5. 3.2 Environmental Concerns within CO Areas Environmental conditions are described below for each of the CO areas. 3.2.1 CO-5 The approximate acreage of CO-5 is 235 acres. This CO area includes four IRP sites (IRP-11, IRP-12, IRP-13 [including IRP-13S and IRP-13W], and IRP-16), and various UST/AST sites and AOCs. The environmental concerns related to these sites are discussed below. Figure 8 is a detailed map of CO-5 that indicates areas of known contamination and buildings within the CO area. 3.2.1.1 IRP Sites in CO-5 CO-5 contains several areas where VOC concentrations in the underlying groundwater exceed MCLs. The estimated location and extent of the VOC groundwater plumes are based on currently available data from documents included in Attachment 1 - References. Descriptions of these IRP sites are provided below. IRP-11 IRP-11 is part of the study area designated as OU-4. IRP-11, known as Drum Storage Area number (No.) 1, was used for drum storage from 1975 to 1984 and is located in Parcels 18 and 40 (Figure 6). Materials stored at the site included hydraulic fluids, crankcase oils, solvents, and aviation parts. TCE was detected in groundwater during an Expanded Site Inspection (BNI 1996a). IRP-11 is currently under evaluation as part of the ongoing FS for OU-4. FOSL 3, MCAS Tustm 8 April 2002 IRP-12 IRP-12 is part of the study area designated as OU-1B. IRP-12, also known as Drum Storage Area No. 2, operated from the mid-1960s until 1975 and is located in Parcels 16, 17, 18 and 40 (Figure 6). The site contains three subareas where various solvents, crankcase oil, and hydraulic fluids leaked from storage drums and containers. Two VOC plumes have been identified in the first water-bearing zone, and two smaller VOC plumes have been identified in the second water-bearing zone. The plumes consist primarily of dissolved TCE with minor amounts of other chlorinated VOCs (BNI 200la). Fate and transport modeling and a baseline risk assessment were conducted (BNI 1997) to address risks associated with shallow VOC groundwater contamination as part of the Remedial Investigation (RI) for OU-1B. The FS for OU-1B evaluated the possible volatilization of VOCs from contaminated soils and groundwater associated with the VOC plume. The FS determined that the inhalation exposure pathway for human receptors did not present a significant risk (BNI 2002a). The concentration of TCE in soils was also determined not to present significant risk. The FS for OU-1B includes an evaluation of seven alternatives for the remediation of VOCs in groundwater beneath IRP-12. IRP-13S IRP-13S is part of the study area designated as OU-1A. IRP-13S is part of the area known as Drum Storage Area No. 3, and is located on portions of Parcels 1, 2, 16,18, 19, 22, 24, and 40 (Figure 6). This IRP site includes two AOCs (MWA-18 and ST-72B), an inactive wash area formerly used for cleaning small generators, and an inactive vehicle maintenance facility that formerly consisted of a garage and a lubrication facility. During the RI, TCE and 1,2,3-trichloropropane (TCP) were found in both soil and groundwater at IRP-13S. The likely sources were identified as past disposal or spills onto the ground. The VOC groundwater plume has overlapped with an adjacent MTBE plume, most likely originating from UST Site 222 (BNI 200la). A time-critical removal action was initiated in late 2001 to extract and treat contaminated groundwater within the IRP-13S plume. An FS is currently being prepared to identify remedial alternatives for IRP-13S. IRP-13W IRP-13W (Figure 6) is part of the area known as Drum Storage Area No. 3. IRP-13W consists of two past disposal areas located in the northwest portion of Parcel 24 and contains portions of Parcel 40. IRP-13W is being evaluated under OU-4. Hydraulic fluid, diesel fuel, leaded gasoline, oil, paint strippers, battery acids, solvents and solvent-contaminated washwater were disposed onto IRP-13W soils. Petroleum hydrocarbons, elevated concentrations of metals, and PAHs were found in soil and groundwater. The risk posed by chemicals in the soil was estimated to be above the FOSL 3, MCAS Tustin 9 April 2002 generally allowable risk range. Approximately 3,700 tons of soil were removed in November 1997 (BNI 200la). Groundwater contamination at the site is currently under evaluation as part of the ongoing FS for OU-4. IRP-16 IRP-16, located on Parcel 24, was a former fuel tank farm (Figure 6) and is being evaluated as part of OU-4. The site was the subject of a confirmation study in 1987 and 1988 and a fuel tank farm site assessment in 1993. Based on the presence of benzene, toluene, ethylbenzene, xylenes, and total petroleum hydrocarbons in soil and groundwater, excavation and restoration activities were conducted in 1995 and 1996. Approximately 85,000 tons of contaminated soil were excavated and treated, and 5 million gallons of groundwater were recovered and treated. The site is currently under evaluation as part of the ongoing FS for OU-4. 3.2.1.2 AOCs in CO-5 Further action at two AOCs (MWA-18 and ST-72B) is being addressed as part of OU-1A for MCAS Tustin. MWA-18 and ST-72B are located in CO-5 on the northwest edge of Parcel 24 (Figure 4). During the RI, TCE and 1,2,3-TCP were found in both soil and groundwater at IRP-13S, and the likely sources were identified as past disposal or spills onto the ground. Specifically, the final RI report identified AOC ST-72B as the probable source of 1,2,3- TCP groundwater contamination. Closure activities for this AOC included the performance of a time critical removal action to excavate petroleum-hydrocarbon- contaminated soils. Post excavation confirmation samples reported no 1,2,3-TCP concentrations (BNI 1997). These sample results and further RI findings suggest that residual 1,2,3-TCP in soil is essentially immobile, indicating that ST-72B is no longer considered a source of significant groundwater contamination, although it may have been a source of the 1,2,3-TCP at one time (BNI 200la). The final RI report concluded that MWA-18 is a probable TCE source area for IRP-13S, as it is within the footprint of TCE groundwater and soil contamination (BNI 1997). Closure activities under CERCLA are continuing for ST-72B and MWA-18 as part of OU-1A. Further evaluations are required at the Mingled Plume AOCs (DSS-I, DSS-2, MDA-02, MMS-5, and ST-67) and the Auto Hobby Shop AOC (MMS-4). Soils at the Mingled Plume AOCs and MMS-4 have been recommended for NFA, and the VOC- contaminated groundwater in the Mingled Plume and MMS-4 is being addressed as part of OU-4. AOC sites MAE-4, ST-14 (A-C), ST-15, and TOW-X7 were assessed as part of IRP-13W. MAE-4 and ST-15 were demolished as part of the removal action for IRP-13W. Closure FOSL 3, MCAS Tustin 10 April 2002 activities for ST-14 (A-C) were conducted as part of the removal action for IRP-13W, and TOW-X7 was removed as part of the IRP-13W removal action (Table 4). Two AOCs, MMS-7 and DSD-07 (in CO-5), are under further investigation, and will be evaluated under the RCRA program. 3.2.1.3 UST Sites in CO-5 UST Site 1 UST-1, located in Parcel 20, was removed in 1993. Site soils with total petroleum hydrocarbon (TPH) and benzene contamination were excavated during the removal, and the site was backfilled and restored. A site investigation took place in December 1995 and the resulting 1997 Site Assessment/Closure Report recommended NFA for the site (BNI 200la). The RWQCB issued an NFA concurrence letter on January 8, 1998. However, subsequent groundwater monitoring at the site showed high detections of TPH. DON conducted further subsurface investigations and modeling at the site and presented the results in a November 2001 Technical Memorandum (IT 200lb). This study found that the remaining contamination is not migrating downward and that TPH and benzene concentrations at the site are reducing due to naturally occurring biological degradation. The Technical Memorandum concluded that the remaining contamination poses no significant threat to groundwater at the site and may be left in place (IT 200lb). In a January 7, 2002 letter, the RWQCB stated that it did not concur with DON's Technical Memorandum conclusions for UST-1. RWQCB stated that the remaining TPH concentrations in soil and groundwater indicate that free product (liquid phase fuel) could potentially be present on the groundwater surface. DON is currently conducting further investigation of groundwater at the UST-1 site. UST Site 222 Petroleum hydrocarbon and MTBE soil and groundwater contamination was encountered at UST Site 222 (including former USTs 222A, B, C, D, G, H, and I). Under the PCAP all of the USTs at the site were removed, and Building 222, a former gasoline station, was demolished in June 1999. Field activities took place from March 1998 to November 1999. The site was excavated, backfilled, and restored. Approximately 37,000 tons of contaminated soil was excavated and treated, and approximately 2 million gallons of contaminated groundwater within the excavated area were removed and transported offsite for treatment. MTBE concentrations in the excavation groundwater ranged from 6 to 600 milligrams per liter (mg/L). Investigation of groundwater at UST Site 222 continued through 2001. MTBE was detected in shallow groundwater in the vicinity of UST 222. The available data suggests FOSL 3, MCAS Tustin 11 April 2002 mixing between the MTBE groundwater plume and the 1,2,3-TCP groundwater plume in the first water-bearing zone, and additional mixing in the second water-bearing zone downgradient from the source area. The highest reported concentrations of MTBE in groundwater samples were greater than 70 mg/L from the first water-bearing zone and greater than 24 mg/L from the second water-bearing zone (during the August 2000 monitoring event). Further results from groundwater investigation suggest that the MTBE and 1,2,3-TCP plumes may be mixed in the third water-bearing zone (BNI 200la). An MTBE groundwater extraction/treatment system has been designed and installed under the PCAP. The interim corrective action will focus on extracting and treating MTBE hot spots in groundwater. Pumping began at the site in August 2001 within the source area and downgradient wells were brought online in December 2001. Potential long-term corrective actions for the MTBE plume will be developed and evaluated. UST Sites 105A, B, C, D, E, and F UST Site 105 (including USTs 105A, B, C, D, E, and F) (Figure 5), is the location of a former gasoline station. This site exhibited elevated levels of benzene, toluene, ethylbenzene, and xylenes in groundwater. Operation of an in situ soil vapor extraction/air sparging remediation system began in May 1999 and continued through July 1999. Monthly groundwater samples were collected from May 1999 through 15 September 1999, and results indicated that there was no rebound increase in concentrations after the system was turned off. Quarterly monitoring continued through June 2000 and contaminant concentrations continued to decrease. Closure activities have been completed at the site, and a draft Closure Report was submitted to RWQCB on February 19, 2001 (OHM 200la). NFA concurrence is pending. UST Sites 18A and 18B UST Sites 18A and 18B are former 1,000-gallon, steel, gasoline USTs that were removed prior to 1991. Assessment and remediation of these sites is ongoing. Additional UST sites UST Sites 16, 27A, 27B, 90, 135, and 268 require further action and have ongoing investigations or are conducting remediation. 3.2.2 CO-6 The approximate acreage of CO-6 is 32 acres. This CO area includes IRP-3, UST-29A, and AOC sites TOW-X3 and TOW-X4. The environmental concerns related to these sites are discussed below. Figure 9 is a detailed map of CO-6 that indicates areas of known contamination and buildings within the CO area. FOSL 3, MCAS Tustin 1 2 April 2002 3.2.2.1 IRP Sites in CO-6 IRP-3 is part of the study area designated as OU-1B. IRP-3, the Paint Stripper Disposal Area, is located in the southern portion of Parcel 16 (Figure 6) and includes two AOCs (TOW-X3 and TOW-X4). IRP-3 contains several buildings that have been used for chemical storage, painting, paint-stripping operations. Solvents, paint stripper, and battery acids were reported to have been poured directly onto the ground outside the painting and storage buildings (BNI 1997). TCE was found in both soil and groundwater at IRP-3. Sources of TCE may have been inactive oil/water separators (TOW-X3 and TOW-X4) and past disposal or spills onto the ground. A groundwater VOC plume has been identified in the first water-bearing zone beneath IRP-3, and a smaller groundwater VOC plume has been identified in the second water-bearing zone. The plumes contain dissolved TCE with minor amounts of other chlorinated VOCs at concentrations that exceed MCLs. The FS for OU-1B was finalized in January 2002 and includes an evaluation of nine alternatives for the remediation of TCE in groundwater beneath IRP-3. The Proposed Plan is currently being prepared. 3.2.2.2 AOCs in CO-6 Further action at two AOCs (TOW-X3 and TOW-X4) is being addressed as part of OU- lB for MCAS Tustin. TOW-X3 and TOW-X4 are located in CO-6 in Parcel 16 (Figure 4). Two oil/water separators AOCs (TOW-X3 and TOW-X4) were evaluated in conjunction with IRP-3. These inactive oil/water separators may have been sources of TCE at IRP-3. The oil/water separators and associated contaminated soils were removed in 1999, but residual TCE contamination in soil and groundwater remains at the sites. The TCE in soils was determined not to present significant risk at the site. The two AOC sites will undergo CERCLA closure in association with IRP-3 as part of OU-1B (BNI 2000). 3.2.2.3 UST Sites in CO-6 UST Site 29A requires further action and is under investigation. 3.2.3 CO-7 The approximate acreage of CO-7 is 4 acres. This CO area includes IRP-5N and AOCs ST-16A, ST-16B, and DSD-1. The environmental concerns related to these sites are discussed below. Figure 9 is a detailed map of CO-7 that indicates areas of known contamination and buildings within the CO area. FOSL 3, MCAS Tustin 13 April 2002 3.2.3.1 IRP Sites in CO-7 IRP-5N is a part of the study area designated as OU-4. IRP-5N consists of an unlined drainage ditch in the area known as Drainage Area No. 1, located in the eastern portion of Parcel 16 (Figure 6). From 1956 to 1983, the ditch may have received a variety of wastes disposed in floor drains from Buildings 28 and 29 as well as runoff from other potential contaminant source areas. Analytical results from sediment, soil, and surface water sampling indicated the presence of petroleum hydrocarbons, semivolatile organic compounds, and metals at levels above background in some of the sediment samples. The risks posed by these chemicals were estimated to be within the generally allowable risk range. IRP-5N is currently under evaluation as part of the ongoing FS for OU-4 along with IRP-5S(b). 3.2.3.2 AOCs in CO-7 AOCs ST-16A and ST-16B were former hazardous waste storage areas that stored wastes including paints, used fuel, filters, and rags. During the initial investigation of these AOCs, PAH contamination was found in the soils. These AOCs will be evaluated as part of OU-4 under the CERCLA program. DSD-1 is being assessed as part of IRP-5N (OU-4) and is currently under investigation. 3.2.4 CO-8 The approximate acreage of CO-8 is 21 acres. Figure 9 is a detailed map of CO-8 that indicates areas of known contamination and buildings within the CO area. Mooring Pad 4 and a portion of Mooring Pad 5 are included within CO-8 and were previously used to land and lance lighter-than-air blimps. In 1995, a thermal desorption unit was installed on Pad 4 for treatment of TPH contaminated soil brought in from other areas of MCAS Tustin. The soil was stored on a layer of visqueen (plastic) and roadbase material placed on top of the existing asphalt. Stockpiles of soil on the pad were covered with visqueen. In 1997, Pad 5 was utilized for an equipment storage area, storage and rehydration of treated soil, and temporary storage of TPH-contaminated soil. The mooring pads are being evaluated to address whether thermal desorption unit activities have resulted in soil or groundwater contamination beneath the pads. 3.2.5 CO-9 The approximate acreage of CO-9 is 2 acres. This CO area includes IRP-5S(a). The environmental concerns related to this site are discussed below. Figure 9 is a detailed map of CO-9 that indicates areas of known contamination and buildings within the CO area. FOSL 3, MCAS Tustin 14 April 2002 3.2.5.1 IRP Sites in CO-9 IRP-5S(a) is part of the study area designated as OU4. It is an unlined drainage ditch in the area known as Drainage Area No. 1, located in the southern portion of Parcel 27 and portions of Parcel 40 (Figure 6). From 1956 to 1983, the ditch may have received a variety of wastes disposed in floor drains from Buildings 28 and 29 as well as runoff from other potential contaminant source areas. Analytical results from sediment, soil, and surface water sampling indicated the presence of petroleum hydrocarbons, semivolatile organic compounds, and metals at levels above background in some of the sediment samples. One VOC above the MCL was reported in one of nine collected groundwater samples. In a risk assessment performed as part of the RI for OU-4, the risks posed by these chemicals were estimated to be within the generally allowable risk range (BNI 200la). IRP-5S(a) is currently under evaluation as part of the ongoing FS for OU4 along with IRP-5N. 3.2.6 CO-10 The approximate acreage of CO-10 is 18 acres. This CO area includes IRP-1. The environmental concerns related to this site are discussed below. Figure 10 is a detailed map of CO-6 that indicates areas of known contamination and buildings within the CO 3.2.6.1 IRP Sites in CO-10 IRP-1 is part of the study area designated as OU-3, and is located on Parcels 28, 40 and 41. IRP-1 includes the Moffett Trenches and Crash Crew Burn Pits (Figure 6), which were shallow landfill trenches and pits constructed to burn flammable liquids for fire- fighter training exercises. A mixture of municipal solid and industrial wastes were disposed in the landfill trenches. Flammable liquids burned in the Crash Crew Burn Pits consisted primarily of jet propellant grade 5 (JP-5) but also reportedly included oils, fuels, solvents, lacquers, primers, and various chemicals (BNI 200la). The principal contaminants at the site are petroleum hydrocarbons (JP-5), VOCs, semivolatile organic compounds, and, to a lesser extent, metals. Most of the site-related contamination is present in the groundwater of the first water-bearing zone. Based on a risk assessment, estimated human-health risks associated with residential use of groundwater from the first water-bearing zone exceed the U.S. EPA's generally acceptable range (BNI 1996a). Maintenance of a containment wall, institutional controls, and long-term groundwater and landfill gas monitoring were identified as the preferred remedial alternatives for IRP-1 in the Final ROD for OU-3 issued in December 2001. An Operations and Maintenance Plan and a Land Use Control and Implementation Certification Plan are currently being prepared to support implementation of the final remedy. FOSL 3, MCAS Tustin 15 April 2002 3.2.7 CO-11 The approximate acreage of CO-11 is 2.5 acres. This CO area includes the area affected by AST-194A and AST-194B. The environmental concerns related to these sites are discussed below. Figure 8 is a detailed map of CO-11 that indicates areas of known contamination and buildings within the CO area. 3.2.7.1 AST Sites in CO-II AST-194A and AST-194B were formerly situated adjacent to a concrete helicopter parking apron. The ASTs supplied fuel to the apron for rapid refueling activities, and spill runoff would flow to the edge of the concrete apron. AST-194A and AST-194B were removed and the immediate vicinity was excavated and cleaned in 1999. However, further investigation indicated that soils at the edge of the apron may have been impacted from past refueling activities. This area is currently under investigation. FOSL 3, MCAS Tustm 16 April 2002 4.0 NOTIFICATIONS AND RESTRICTIONS The environmental documents listed in Attachment 1 (References) were evaluated to identify environmental factors that may have impacted property within the CO areas. Section 3.0 describes the environmental concerns associated with each of the CO areas. The evaluation identified existing environmental conditions that warrant constraints on certain activities to assure that the intended use of the FOSL parcels during the leases is consistent with protection of human health and the environment. Environmental factors that require notification(s) and/or restriction(s) are presented in this section. Table 8 provides a list of environmental factors considered for this FOSL. Table 9 provides a cross reference to the section in this document where the notifications and restrictions applicable to each CO area, parcel, and building/structure included in this FOSL can be found. Restrictions in this FOSL will be incorporated into leases of affected properties within the CO areas. Notification will be provided to the lessee by attaching a copy of this FOSL to each lease. The prospective lessee(s) will be required to comply with the restrictions specific to their property and additional model environmental lease provisions substantially similar to those provided in Attachment 3. If a building, structure, or a portion of a CO area is released from a restriction, a Lease Restriction Revision Form (Attachment 4) will be required to allow access to and/or transfer of the area under the lease. For the purposes of this FOSL, "Structures" not designated for human occupancy include non-enclosed facilities, such as, sports fields, picnic shelters, pump stations, etc. 4.1 Hazardous Substances and Petroleum Products Notifications Past activities within all of the CO areas included the use and storage of hazardous substances and petroleum products. Releases of hazardous substances have occurred during these activities. A notice of hazardous substances stored, released, or disposed at specific AOC and UST/AST sites within the CO areas is provided in Attachment 5 - Hazardous Substances Notification Table and Petroleum Products Notification Table. IRP-13S (OU-1A), IRP-3 and IRP-12 (OU-1B), IRP-1 (OU-3), and IRP-5N, IRP-5S(a), IRP- 11, IRP-13W, and IRP-16 (OU-4) have not received regulatory closure and are currently being evaluated. IRP-9A, IRP-9B, and IRP-13E (OU-2) have received NFA concurrence. Information concerning contaminants associated with the active IRP sites in the CO areas is provided in Section 3.2 of this FOSL. FOSL 3, MCAS Tustin 17 April 2002 Restrictions The lessee shall not conduct or permit its sublessees to conduct any subsurface excavation, digging, drilling or other disturbance of the surface within the entire CO area without the prior approval of DON and the BCT. Attachment 3, Section 13.11 contains an example model lease provision. This restriction is applicable to all CO areas. 4.2 Areas of Concern and Areas Under Evaluation The following discussion provides notifications and restrictions required due to AOCs or areas under evaluation within the CO areas. Notifications Summary information for the 144 AOCs and Mooring Pads 4 and 5 that are located within CO areas 5, 6, 7, 8, 10, and 11 is presented in Table 4. CO-9 does not contain any AOCs or areas under evaluation. The AOC locations are shown on Figure 4. The majority of these AOCs (125) have received regulatory concurrence for NFA. Two AOCs, ST-16A and B (in CO-7), are under further investigation, and will be evaluated under CERCLA. The remaining seventeen AOCs require further evaluation and are being addressed in the IRP for MCAS Tustin. Soil and groundwater beneath Mooring Pads 4 and 5 are currently under evaluation by DON. Restrictions The lessee shall not conduct or permit its sublessees to conduct any subsurface excavation, digging, drilling or other disturbance of the surface within the entire CO area without the prior approval of DON and the BCT. Attachment 3, Section 13.11 contains an example model lease provision. This restriction is applicable to CO areas 5, 6, 7, 8, 10, and 11. 4.3 Unexploded Ordnance Notifications CO-5 includes portions of a former skeet range in Parcel 24 and CO-10 includes portions of the safety arc for a former pistol/rifle range in Parcels 28, 40, and 41. Based on the historical uses of the ranges, potential ordnance or explosive hazards were limited to small caliber debris. In 1979 the pistol/rifle range was deactivated and disposed of by demolition. The area was cleared and grubbed during base housing construction in 1979 and 1982; approximately 2-3 feet of native topsoil was removed and replaced with clean fill material. The former pistol/rifle range was investigated as part of IRP-2 and FOSL 3, MCAS Tustm 1 8 April 2002 the RI recommended NFA for the site. All environmental investigations conducted at MCAS Tustin have suggested that ordnance and/or explosive hazards do not remain on the property (BNI 200la). Restrictions · There are no restrictions due to unexploded ordnance. 4.4 Radiological Materials Notifications A historical radiological assessment (Roy F. Weston 2000) was conducted at MCAS Tustin. The purpose of the assessment was to identify buildings where potential past or present use of radiological materials may have occurred and recommend those buildings for a radiological survey. On the basis of the assessment, the Nuclear Biological and Chemical (NBC) unit of Building 29 (CO-5, Parcel 16) will be investigated further in a radiological survey. Building 29 was an airship hangar where operating aircraft that used radioactive equipment were housed during maintenance activities. DON will perform a radiological survey to determine whether the NBC unit of Building 29 can be released for unrestricted use or whether institutional controls are necessary (Roy F. Weston 2001). Restrictions The NBC unit of Building 29 will be prohibited from access pending the results of the radiological survey. Based on the survey results, DON will evaluate whether to release the building from this restriction. The survey results must also be approved by the regulatory agencies before the building is released for access under the lease. 4.5 Storage Tanks (USTs/ASTs) Notifications Past activities within the CO areas included the use of petroleum products. Summary irtformation for the 83 UST/AST sites that are located within CO areas 5, 6, and 11 is presented in Table 5. The UST/AST site locations are shown on Figure 5. Seventy-three USTs and ten ASTs were formerly present within the CO areas. All USTs and ASTs have been removed and fifty-eight have received regulatory concurrence for NFA. Six are awaiting NFA approval (UST-105A, B, C, D, E, and F). The remaining nineteen (UST-1, UST-16, UST-18A and B, UST-27A and B, UST-29A, UST-90, UST-135, UST- FOSL 3, MCAS Tustin 19 April 2002 222A, B, C, D, G, H, and I, UST-268, and AST-194A and B) have ongoing investigations or are conducting remedial activities (Table 5). Restrictions The lessee shall not conduct or permit its sublessees to conduct any subsurface excavation, digging, drilling or other disturbance of the surface within the entire CO area without the prior approval of DON and the BCT. Attachment 3, Section 13.11 contains an example model lease provision. This restriction is applicable to CO areas 5, 6, and 11. 4.6 Pesticides Notifications Agricultural areas are present on Parcels 17, 24, and 27. Portions of these parcels are contained in CO-5 and CO-8. The following discussion provides notifications that are required based on previous use of pesticides and herbicides at these parcels. Approximately 674 acres of MCAS Tustin were previously designated for agricultural land or were maintained for weed control, of which about 392 acres were farmed (BNI 200la). Farming was conducted within the base boundary prior to commissioning of the base in 1942 and continued through December 2000. The primary agricultural areas are located in the southwestern and northeastern portions of the base. The former lessee, Osumi Farms, submitted monthly pesticide use reports to Cai-EPA, Department of Pesticide Regulation, regarding pesticide use on parcels under cultivation. Information concerning commercial pesticides and insecticides used at MCAS Tustin and chemicals injected into irrigation water is provided in the final EBS Report (BNI 200la). In 1991 and 1992, a preliminary endangerment assessment (PEA) was conducted for Parcel 24 (PEA Parcel A), Parcels 38 and 39 (PEA Parcel C), and Parcel 33 (PEA Parcel D). These parcels were farmed before 1942 and were used for a combination of military and agricultural purposes after being acquired by DON in 1942. The PEA included soil and groundwater sampling and a health risk assessment for soil contaminant concentrations exceeding screening values. These contaminants included the pesticides dichlorodiphenyltrichloroethane (DDT), dichlorodiphenyldichloroethene (DDE), and dichlorodiphenyldichloroethane (DDD). The risk assessment assumed residential land use and exposure to adults and children by soil ingestion, soil contact, and inhalation of soil particles. Although soil contaminant levels exceeded some screening values, the risk assessment results indicated, on the basis of a residential-use scenario, that there was no significant environmental or human-health threat from the pesticides (GeoRemediation 1992). DTSC provided NFA concurrence on the findings in the PEA FOSL 3, MCAS Tustin 20 April 2002 for the areas containing Parcels 24, 33, 38, and 39. DTSC's 26 May 1992 NFA concurrence letter for Parcel A and 27 May 1992 NFA concurrence letters for Parcels C and D are provided in Attachment 2. Additionally, groundwater sample results presented in the draft final RI Report for OU- 1 and OU-2 (BNI 1997) did not indicate the presence of pesticides in groundwater beneath Parcel 24. While selenium was detected in groundwater during the RI at concentrations exceeding the PEA screening levels, an analysis of background metals in groundwater performed during the RI indicated that detected concentrations of selenium in groundwater were not the result of base operations, but were consistent with naturally occurring background concentrations. Further investigation in 1996 supported the PEA findings. Soil samples were collected from the southwest corner (Parcel 6) and the northeast quadrant (Parcels 17, 25, 26, 27, 28, 29, 30, 31, 32, and 40) of MCAS Tustin to evaluate whether residual pesticides and metals were present in soil as a result of past agricultural activities (BNI 1996b). This study included some or all of Parcels 17 and 27. The pesticides DDD, DDE, DDT, alpha- chlordane, dieldrin, endosulfan II, gamma-chlordane, and methoxychlor were detected in soil samples. Pesticide concentrations were compared with those reported in soil collected from Parcels 38 and 39 (PEA Parcel C) (considered to be representative worst- case scenarios). The results of the comparison indicated that pesticide concentrations in Parcels 17 and 27 were at levels below or within the statistical range calculated for Parcels 38 and 39. Therefore, it was concluded that residual levels of pesticides in soil in Parcels 17 and 27 do not constitute a threat to human health or the environment. Additionally, 11 metals were detected at concentrations above background values and some pesticides (DDD, DDE, and DDT) were detected that were not found during the Parcels 38 and 39 investigation. Therefore, a screening risk assessment using the highest measured concentrations and U.S. EPA residential soil preliminary remediation goals was conducted. The risk assessment used the conservative approximation that people would be present on the land 24 hours a day for 30 years. The screening risk assessment results for metals and pesticides indicated no significant risk to human health or the environment (BNI 1996b). The 1996 Pesticides Investigation Report was reviewed by the BCT whose comments were incorporated (see 15 July 1996 letter in Attachment 2). At the time of transfer, DON will provide the transferee with documentation regarding past pesticide use on the property as well as a copy of the PEA Report and the Pesticide Investigation Report. Although pesticides were reportedly applied to some or all of Parcels 17, 24, and 27, the PEA sampling and risk assessment and the pesticide investigation conducted in 1996 indicated that the property was suitable for unrestricted, residential use. FOSL 3, MC,aS Tustin 21 April 2002 Restrictions · There are no restrictions due to prior pesticide usage. 4.7 Asbestos-Containing Material ACM is considered to be a threat to human health if it is located within the interior of a building/structure, and it is friable, accessible and damaged (FAD). DoD policy with respect to ACM is contained in Attachment 6 and a graphic representation of this policy and the decision-making process is presented as Figure 11. The following sections summarize specific notifications and restrictions regarding the presence of ACM in some of the buildings/structures located within the CO areas. Notifications Available information on the existence, extent, and condition of ACM at buildings/structures within the CO areas is provided in Table 2. This information was collected from four ACM surveys conducted at MCAS Tustin. The survey results were presented in reports dated December 1988, November 1990, December 1991, and January 2001 (IT Corporation 1988; Ecology and Environment, Inc. 1991; URS 2001; respectively). The January 2001 surveys were limited to FAD ACM. Copies of the ACM survey reports will be included in the lease documentation. Restrictions The prospective lessee(s) will be required to comply with the specific restrictions listed below and additional environmental lease provisions substantially similar to those provided in Attachment 3, Section 13.12. The buildings and structures within the CO areas have been separated into the following four categories based on the survey findings to assist in determining the restrictions associated with asbestos: a) b) c) e) Buildings containing FAD ACM, Buildings/Structures requiring an ACM survey, Buildings/Structures with non-FAD ACM, Buildings/Structures with no ACM, and Structures with no ACM surveys conducted. Within each category, the restrictions are further differentiated based on the proposed reuse of each building/structure. FOSL 3, MCAS Tustin 22 April 2002 (a) Buildings Containing FAD ACM Access or occupancy shall be prohibited except for short-term tours and emergency maintenance conducted with prior DON notification and approval. Buildings may be occupied only after necessary surveys and abatement are conducted according to all local, state, and federal requirements. Occupancy restrictions may not be removed from these buildings without prior approval of DON and the BCT. The lessee shall be responsible for the management of ACM, including surveys, removal and/or management of ACM prior to or during renovation or demolition in accordance with applicable regulatory requirements. These restrictions are applicable to the following buildings planned for demolition or "to be determined" (TBD): Buildings 1, 28, 35, and 93. These restrictions are applicable to the following buildings planned for reuse: Buildings 86, 161, and 173. (b) Buildings/Structures Requiring an ACM Survey Buildings/structures require a survey if they have never had an ACM survey or have had a survey prior to 1997 (within the last 3 years of operation) that detected non-FAD ACM. Access or occupancy shall be prohibited except for short-term tours and emergency maintenance conducted with prior DON notification and approval. Buildings may be occupied only after necessary surveys and abatement are conducted according to all local, state, and federal requirements. Occupancy restrictions may not be removed from these buildings without prior approval of DON and the BCT. The lessee shall be responsible for the management of ACM, including surveys, removal and/or management of ACM prior to or during renovation or demolition in accordance with applicable regulatory requirements. This restriction is applicable to the following buildings and structures planned for demolition or TBD: Buildings 10G, 17T, 20A, 21, 27, 29A, 35A, 40A, 40B, 41, 47, 47T, 53, 66, 7lA, 7lB, 71C, 71D, 71E, 71F, 71G, 71H, 71I, 71J, 89,163, 174, 175, 178, 179,183,189, 207, 221,228, 248, 258, 259, 260, 261,262, 263, 264, 265, 266, 507, 509, 511, 512, 513, 514, FOSL 3, MCAS Tustin 23 April 2002 515, 564, 576, 577, 578, 579, 580, 587, 588, 589, 596, 3000T, 3005T, and Structures 11, 203, 204, 541, and 542. This restriction is applicable to the following buildings planned for reuse: Buildings 3, 87, 88, 159, 226, 247, 253, 505, 506, 523, 533, 539, and 547. (c) Buildings/Structures With Non-FAD ACM This category includes buildings/structures with recent ACM surveys (since 01 January 1997, within the last 3 years of base operations) that detected non-FAD ACM. The lessee shall be responsible for the management of ACM, removal and/or management of ACM prior to or during renovation or demolition in accordance with applicable regulatory requirements. This restriction is applicable to the following buildings and structure planned for demolition or TBD: Buildings C-3, 13, 16, 19, 20B, 29, 42, 49, 90, 171, 185, 186, 187, 201, and 306, and Structure 106. This restriction is applicable to the following buildings planned for reuse: Buildings 165, 167, and 199. (d) Buildings/Structures With No ACM If ACM is discovered during renovation or demolition, the lessee shall be responsible for removal and/or management of ACM in accordance with applicable regulatory requirements. This is applicable to the following buildings/structures planned for demolition or TBD: Buildings 4, 17, 26, 28A, 30, 92, 103, 166, 216, and 303 and Structures 12 and 150. This is applicable to the following buildings planned for reuse: Buildings C-4, 2, 134, 168, and 300. (e) Structures With No ACM Surveys Conducted The lessee shall be responsible for the management of ACM, including surveys, removal and/or management of ACM prior to or during renovation in accordance with applicable regulatory requirements. FOSL 3, MCAS Tustin 24 April 2002 This restriction applies to the following structures planned for demolition, TBD, or unknown (i.e., proposed disposition not specified in Reuse Plan): Structures 143, 146, 149, 230, 233, 238, 240, 242, 608, and 609. This restriction applies to the following structures planned for reuse: Structures 77, 128, 131, 144, 145, 148, 160, 202, 208, 256, 257, 502, 503, 504, and 594. 4.8 Indoor Air Quality Notifications VOCs have been identified or may be present in soil or groundwater and may affect indoor air quality in existing buildings or newly constructed buildings located in the following areas: CO-5 resulting from IRP-11, IRP-12, IRP-13S, IRP-13W, IRP-16, mingled plume area, and UST 222 (MTBE Plume); · CO-6 from IRP-3; · CO-7 from IRP-5N; · CO-8 from Mooring Pads 4 and 5; · CO-9 from IRP-5S(a); · CO-10 from IRP-1; and · CO-11 from AST-194A and B. No buildings are present in CO-7 (IRP-5N), CO-9 (IRP-5S[a]), CO-10 (IRP-1), and CO-II (AST-194A and B). Restrictions The FS for OU-1B evaluated the possible volatilization of VOCs from contaminated groundwater associated with the IRP-3 and IRP-12 plumes. The FS determined that the inhalation exposure pathway for human receptors did not present a significant risk (BNI 2002a). Therefore, no restrictions due to indoor air quality are necessary for buildings impacted by IRP-3 (CO-6) or IRP-12 (portions of CO-5). No data has been collected or risk evaluation conducted on indoor air within buildings potentially impacted by IRP-1, IRP-5N, IRP-5S(a), IRP-11, IRP-13S, IRP-13W, IRP-16, the mingled plume area (related to various AOCs), the MTBE plume (related to UST 222), FOSL 3, MCAS Tustin 25 April 2002 the area impacted by AST-194A and B, and Mooring Pads 4 and 5. Therefore, the following restrictions shall apply to existing buildings or newly constructed buildings situated above or within 100 feet of areas with VOC groundwater contamination plumes based on configurations at the time of construction and/or above areas with VOC soil contamination: Access or occupancy shall be prohibited with the exception of short-term tours and emergency maintenance conducted with prior DON notification and approval. To remove this restriction, the lessee may conduct air monitoring within the building following all federal, state, and local regulatory requirements, to determine the suitability of air quality relative to the proposed use of a particular building. Removal of this use restriction will be determined after review and approval of DON and the BCT of an indoor air report submitted by the lessee, or upon DON and BCT concurrence that restrictions for indoor air quality are no longer necessary. These restrictions are applicable to CO-7, CO-8, CO-9, CO-10, CO-11, portions of CO-5, and to the following existing buildings: Buildings 3, 4, 13, 16, 19, 20A, 21, 26, 28, 28A, 30, 35, 35A, 40A, 47, 49, 71A, 7lB, 71C, 71D, 71E, 71F, 71H, 71J, 86, 87, 88, 92, 161,163, 165, 166, 167, 168,173, 178, 185, 189,199, 207, 221, 228, 253, 258, 260, 263, 300, 303, 505, 506, 509, 511,547, 577, and 3005T. 4.9 Lead-Based Paint DON policy for residential buildings is contained in the joint U.S. EPA/DoD interim final Lead-Based Paint Guidelines for Disposal of Department of Defense Residential Real Property (DoD 1999). The following sections summarize specific notifications and restrictions regarding the presence of LBP in some of the buildings/structures located within the CO areas. Notifications Notifications of potential LBP at buildings and structures within the CO areas are based solely on the age of construction (i.e., constructed before the Consumer Product Safety Commission's 1978 ban on lead-based paint for residential use). Ninety-eight buildings and structures within the CO areas were built prior to 1978 and may contain LBP. Table 1 provides a list of all buildings and structures within the CO areas and their corresponding dates of construction. FOSL 3, MCAS Tustm 26 April 2002 Restrictions The prospective lessee will be required to comply with the specific restrictions listed below and additional environmental lease provisions substantially similar to those provided in Attachment 3 (Section 13.12). The buildings and structures within the CO areas have been separated into two categories based on proposed disposition to assist in determining the restrictions associated with LBP: a) Buildings/structures built prior to 1978, and b) buildings/structures built after 1978. (a) Buildings/Structures Built Prior to January 1,1978 (i) Proposed for Reuse Buildings/structures may be used for residential use or child-occupied facilities only after the lessee conducts the necessary LBP surveys and abatement in accordance with all local, state, and federal requirements. Residential or child- occupied use of these buildings/structures will be subject to approval of DON and the BCT. These restrictions are applicable to the following buildings and structures: Buildings C-4, 2, 3, 86, 87, 88, 134, 159, 161, 165, 166, 167, 168, 173, 199, and 300 and Structures 77, 128, 131,144, 145, 148, 160, 202, and 208. (ii) Proposed for Demolition or TBD Buildings/structures may be used for residential use or child-occupied facilities only after the lessee conducts the necessary LBP surveys and abatement in accordance with all local, state, and federal requirements. Residential or child- occupied use of these buildings/structures will be subject to approval of DON and the BCT. The lessee shall be responsible for demolishing buildings/structures in accordance with applicable local, state, and federal regulatory requirements. The lessee shall be responsible for conducting post-demolition soil sampling and abatement of soil-lead hazards. These restrictions are applicable to the following buildings and structures: Buildings C-3, 1, 4, 10G, 13, 16, 17, 19, 20A, 20B, 21, 26, 27, 28, 28A, 29, 29A, 30, 35, 35A, 40A, 40B, 41, 42, 47, 49, 53, 66, 7lA, 7lB, 71C, 71D, 71E, 71F, 71G, 71H, 71I, 71J, 89, 90, 92, 93,103,163,171,174, 175, 178,179,183,185,186, 187,189, 201, 207, 216, 221,303, 306, and 3000T, and Structures 11, 12, 106, 143, 146, 149, 150, 230, 233, 238, 240, 242, 608, and 609. FOSL 3, MCAS Tustm 27 April 2002 (b) Buildings/Structures Built After January 1,1978 There are no restrictions due to LBP for buildings/structures constructed after 1978. This is applicable to the following buildings/structures: Buildings 17T, 47T, 226, 228, 247, 248, 253, 258, 259, 260, 261, 262, 263, 264, 265, 266, 505, 506, 507, 509, 511,512, 513, 514, 515, 523, 533, 539, 547, 564, 576, 577, 578, 579, 580, 587, 588, 589, 596, and 3005T and Structures 203, 204, 256, 257, 502, 503, 504, 541,542, and 594. 4.10 Polychlorinated Biphenyls Notifications The presence of known PCBs is summarized below and identified in Table 3. Copies of PCB survey reports will be included in the lease documentation. An inventory of PCB items and equipment at MCAS Tustin was conducted in 1992 (Kennedy/Jenks Consultants 1992). Seven items (five small capacitors and two cut-out switches) were identified as possibly containing PCB insulation fluid or solid insulation (Table 3). The cutout switches were dismantled and removed. Corrective action was not conducted or required for the five remaining items because observation and/or sampling were not possible without dismantling the motor and destroying the capacitor. However, the 5 small capacitors may contain PCB-impregnated solid insulation. If the lessee finds equipment containing 50 or more parts per million (ppm), the PCB small capacitors in those motors should be processed/disposed of as regulated items. PCB-containing equipment may also be subject to State hazardous waste laws regulating PCB waste. Fluorescent light fixtures were not included in the PCB items and equipment survey. Because several buildings were built before 1979, it is assumed that some light ballasts in the buildings may contain PCBs. Fluorescent light ballasts manufactured before 1979 often contain PCB small capacitors that may be disposed as municipal solid waste. No action is required at the buildings unless large quantities of PCB-containing fluorescent light ballasts are removed. According to DON guidance on disposal of fluorescent light ballasts containing PCBs (DON 1989), large quantities of PCB small capacitors generated from fluorescent light ballasts, such as when the fixtures in a large office or an entire building are replaced, should be disposed as regulated PCB equipment. Fluorescent light ballasts that contain PCBs have approximately 1.0 to 1.5 ounces of PCB fluid in each capacitor. There are approximately 3.1 to 4.7 pounds of PCB fluid for every 50 PCB small capacitors in fluorescent light ballasts. If the lessee plans to dispose fluorescent light ballasts containing 3 or more pounds of PCB fluid, they should be processed as regulated items. FOSL 3, MCAS Tustm 28 April 2002 In 1996 a PCB transformer survey was conducted at MCAS Tustin (PWC 1996). Per federal regulations (40 Code of Federal Regulations 761.3), transformers with PCB concentrations less than 50 ppm are classified as non-PCB transformers. However, equipment containing equal to or greater than 50 and less than 500 ppm PCBs is considered PCB-contaminated electrical equipment. PCB-containing equipment may also be subject to State hazardous waste laws regulating PCB waste. All transformers containing PCBs at concentrations of 50 ppm or more have been replaced. Other transformers within the CO areas that had concentrations of PCBs less than 33 ppm are still present in the CO areas. As these transformers are considered non-PCB containing transformers, additional action concerning these transformers is not required before lease or transfer. Restrictions There are no restrictions due to PCBs. 4.11 Radon DoD policy with respect to radon is provided in Attachment 6. Notifications Although not required by regulatory agencies, DON conducted a radon survey at the housing areas of MCAS Tustin in 1991. Radon screening results were based on a representative sampling of residential buildings in CO-5. The results of the radon survey indicated that none of the residential buildings contained levels of radon above 4 picocuries per liter (pCi/L). According to U.S. EPA guidance, radon at levels of 4 pCi/L or less are considered "low risk," and no mitigation is required (Bufton 1991). Restrictions There are no restrictions due to the presence of radon. 4.12 Groundwater Use/Subsurface Excavation The following discussion summarizes required notifications and restrictions relating to groundwater use and subsurface excavation within the CO areas. Notifications As noted in Section 3, VOC-contaminated groundwater exists beneath all CO areas. Assessments and remediation activities are ongoing and contamination impacts to groundwater are currently being evaluated. FOSL 3, MCAS Tustm 29 April 2002 Restrictions To address potential risks associated with potential or identified soil and/or groundwater contamination, the lessee cannot excavate, dig, drill, or otherwise disturb soil or extract, use, or access groundwater beneath the CO areas without obtaining prior DON and BCT approval (see Attachment 3 - Sections 13.11 and 13.16 for applicable model lease provision). Until remedial activities are completed and regulatory concurrence for no further action is achieved, the lessee may not conduct any construction activity that involves excavation of soil without prior approval from DON and the BCT. The lessee must demonstrate to DON and the BCT that these activities will not interfere with or adversely affect DON response action(s) for the IRP sites, AOCs and/or UST/AST sites and that human health and the environment will be adequately protected. No subsurface activities will be conducted until prior approval is obtained from DON and the BCT. Removal of this use restriction based on groundwater and soil contamination will be determined upon DON and BCT concurrence that groundwater use and subsurface excavation restrictions are no longer necessary. These restrictions apply to all seven CO areas. 4.13 Historic Property Notifications The blimp hangars (Buildings 28 and 29) and their associated helium tank buildings (28A and 29A) are located within the boundaries of CO areas 5 and 6. The hangers were constructed in 1943 and are considered landmarks in Orange County. The hangars were listed on the National Register of Historic Places in October 1974. The National Historic Preservation Act, as amended, directs federal agencies to assume responsibility for the preservation of historic properties owned or controlled by the agency. In a letter dated 28 June 1996, the State Historic Preservation Officer (SHPO) concurred with the United States Marine Corp's determination that these hangars and helium tank buildings are eligible to be listed on the National Register of Historic Places. A Section 106 Consultation has taken place at MCAS Tustin, and it resulted in a Memorandum of Agreement (MOA) signed by the DON, the SHPO, the Local Redevelopment Authority (LRA), and the Advisory Council on Historic Preservation for the Disposal and Reuse of MCAS Tustin. A copy of the MOA will be attached to the lease documentation for these buildings. FOSL 3, MCA$ Tustin 30 April 2002 Restrictions The MOA, issued on 16 December 1999 (DON 1999b), outlines measures to reduce, avoid, or mitigate adverse effects on Buildings 28, 28A, 29, and 29A. The MOA states that a substantive effort must be made to determine whether there is an economically viable adaptive use of the Hangar 28 Complex (Buildings 28 and 28A) and the Hangar 29 Complex (Buildings 29 and 29A) and provides guidelines for the marketing effort. The MOA also includes an Architectural Preservation Covenant to be included as a deed covenant in the event that a viable reuse is identified. If no viable reuse is identified, then the mitigations indicated in the MOA must be completed. This restriction applies to the following buildings: Buildings 28, 28A, 29, and 29A. 4.14 Prime/Unique Farmland Notifications Prime farmland is present on Parcels 16, 17, 24, and 27. Portions of these parcels are contained in CO-5, CO-6, and CO-8. According to the final MCAS Tustin ElS/EIR, no mitigation measures are required (DON 1999a). Restrictions There are no restrictions due to prime/unique farmland. 4.15 Wetlands Notifications CO-7 and CO-9 contain drainage facilities (IRP-5N and IRP-5S[a])that have been designated as jurisdictional waters (wetlands) of the United States under Section 404 of the Clean Water Act. The United States Army Corps of Engineers exerts jurisdiction over waters of the United States, which includes territorial seas, tidal waters, and nontidal waters. IRP-5N and IRP-5S(a) support cattail and other common marsh vegetation. The water source appears to be urban and agricultural runoff from both on- site and off-site sources. Restrictions Development by the lessee in CO-7 and CO-9 that may impact these wetland areas will require Section 404 permit(s) (DON 1999a). All development in CO-7 and CO-9 will require consultation with the United States Army Corps of FOSL 3, MCAS Tustin 31 April 2002 Engineers to determine whether Section 404 permit(s) are required. Documentation of Section 404 permit(s) or non-applicability shall be presented to DON and the BCT for approval prior to development within these CO areas. This restriction applies to CO-7 and CO-9. 4.16 Monitoring Wells Notifications CO-5, CO-6, CO-7, CO-8, and CO-9 contain monitoring wells and/or surface water gauging locations that are periodically monitored as listed in Table 6. CO-10 contains monitoring wells, surface water gauging locations, landfill gas monitoring probes, and their associated equipment (e.g. french drain system, survey monuments, sumps, signs, fencing) that are periodically monitored as listed in Table 6. Restrictions These monitoring wells, surface water gauging locations, and their associated equipment shall not be altered, disturbed, or removed without the prior review and approval of DON and the BCT. This restriction is applicable to CO-5, CO-6, CO-7, CO-8, CO-9, and CO-10. 4.17 School Site Considerations Notifications Parcels 1, 2, 17, 19 and 20 have been proposed in the Reuse Plan for educational use. Should the subject parcel be considered for the proposed acquisition and/or construction of school properties utilizing state funding, a separate environmental review process in compliance with the California Education Code section 17210 et. seq. will need to be conducted by the lessee and approved by the DTSC (School Property Evaluation and Cleanup Division). The California Education Code requires that a comprehensive evaluation of natural and manmade hazardous materials be conducted for school properties. This comprehensive evaluation requires additional investigation of hazardous materials outside the scope of CERCLA hazardous substances. This additional evaluation includes: legally applied pesticides and herbicides, imported fill materials, naturally occurring hazardous substances such as heavy metals (e.g., chromium, mercury, nickel), metalloids (e.g., arsenic, selenium), gases (e.g., methane, hydrogen sulfide), and radioactive elements (e.g., radon gas) and naturally occurring petroleum deposits. The evaluation also includes asbestos-containing materials and lead-based paint at concentrations that fall outside the scope of CERCLA. FOSL 3, MCAS Tustin 32 April 2002 Any requirements associated with the evaluation of the proposed school site for compliance with the California Education Code are the sole responsibility of the lessee. Restrictions There are no restrictions due to future school sites. FOSL 3, MCAS Tustin 33 April 2002 This page intentionally left blank. FOSL 3, MCAS Tustin 34 April 2002 5.0 SUMMARY OF RESTRICTIONS The prospective lessee will be required to comply with the specific restrictions listed in Section 4 of this FOSL and with additional environmental lease provisions substantially similar to those provided in Attachment 3. Table 9 provides a cross reference to the section in this document where the notifications and restrictions applicable to each CO area, parcel, or building/structure included in this FOSL can be found. FOSL 3, MCAS Tustin 35 April 2002 This page intentionally left blank. FOSL 3, MCAS Tustm 36 April 2002 6.0 REGULATORY COORDINATION The U.S. EPA, DTSC, and the Santa Ana RWQCB were notified of the initiation of this FOSL and were issued copies for review. Per FOSL policy in the DoD Base Reuse Implementation Manual, timely comments to this FOSL from regulatory agencies and other interested parties are provided in Attachment 7 with DON's corresponding responses. Attachment 7 also contains DTSC's 26 April 2002 letter stating their final position on this FOSL. Unresolved comments are provided in Attachment 8. FOSL 3, MCAS Tustin 37 April 2002 This page intentionally left blank. FOSL 3, MCAS Tustin 38 April 2002 7.0 RIGHT OF ACCESS The leases will contain appropriate provisions reserving access to the properties for DON and regulatory agency personnel to conduct investigations, surveys, sampling, monitoring, and remedial activities. Access to monitoring wells, surface gauging locations, and landfill gas monitoring probes listed in Table 6 used for sampling and water-level measurements, will also be required after the leases expire and the properties have been conveyed (Figure 7). FOSL 3, MCAS Tustm 39 April 2002 This page intentionally left blank. FOSL 3, MCAS Tustin 40 April 2002 8.0 CONCLUSIONS/FINDING OF SUITABILITY TO LEASE Based on the foregoing information and analysis, I find that the properties identified in this FOSL (CO-5, CO-6, CO-7, CO-8, CO-9, CO-10, and CO-11) are suitable for lease for the purposes intended, subject to the conditions, notifications, and restrictions set forth in this document. The properties can be used pursuant to the terms of the proposed leases, with the specified use restrictions in the leases, with acceptable risk to human health and the environment and without interference with the environmental restoration process. Date: Signature: GA C~piain, CEC, U Commander FOSL 3, MCAS Tustin 41 April 2002 This page intentionally left blank. FOSL 3, MCAS Tustin 42 April 2002 Table 1 Buildings and Structures Total Carve Out Parcel Building (B)/ Prior Use b, c Year Area Proposed Ultimate Area Structure (S)· Built b (sq. ft.) Disposition d Parcel Use b Enlisted Men's Recreational 5 1 · B 2 Hall/Post Office/Library/ 1943 1Z660 Reuse Educational/ Thrift Store/(Bldg. 44 Credit Recreational Union) 5 I B 3 Theater 1943 5,700 Reuse Educational/ Recreational 5 1 B 4 Station Headquarters 1943 13,253 Demolition Educational/ Recreational To be Educational/ 5 1 B 26 Barracks/Chapel 1945 3,803 determined Recreational 5 1 ' B 86 Bachelor Enlisted Quarters 1953 14,388 Reuse Educational/ Recreational 5 1 ' B 87 Physical Fitness Center 1953 14,388 Reuse Educational/ Recreational 5 1 , B 88 Religions Education/Station 1953 14,388 Reuse Educational/ Storage Recreational Bachelor Enlisted Educational/ 5 1 . B 134 1961 30,636 Reuse Quarters/Administrative Recreational 5 1 · B 159 Bowling Center 1963 5,640 Reuse Educational/ Recreational 5 1 S 160 Basketball/Volleyball Court 1963 13,572 Reuse Educational/ · Recreational 5 1 , B 165 MCX Storage 1965 7,520 Reuse Educational/ Recreational 5 1 B 166 Retail Store 1966 9,600 Reuse Educational/ Recreational 5 1 B 167 Exchange Cafeteria 1966 1,800 Reuse Educational/ · Recreational 5 1 , B 168 Retail/Services Outlets 1966 3,200 Reuse Educational/ Recreational 5 1 . S 238 Transformer Pad (North end 1967 144 To be Educational/ of Bldg. 539) determined Recreational 5 1 , B 300 Group Headquarters 1943 21,170 Reuse Educational/ (Administration/Offices) Recreational 5 1 ' B 306 Hazardous/Flammable 1949 100 Demolition Educational/ Material Storage Recreational 5 1 · B 505 Switching Center Telephone 1985 240 Reuse Educational/ Recreational Generator Bldg. (was Bldg. Educational/ 5 1 ' B 506 272)/Generator (for Bldgs. 4 1985 380 Reuse and 505) Recreational 5 1 ' B 539 Bachelor Enlisted Quarter 1990 53,240 Reuse Educational/ (Replaced Bldg. 135) Recreational 5 1 ' S 594 Picnic Shelter 1991 312 Reuse Educational/ Recreational 5 2 , S 11 Sewage Pumping Station 1942 375 Demolition Educational/ Recreational 5 2 , S 12 Electrical Substation 1942 5,625 Demolition Educational/ Recreational 5 2 , B 13 Comb Fire/Rescue Station 1943 3,325 Demolition Educational/ Recreational 5 2 , B 49 Firehouse Annex 1942 1,800 Demolition Educational/ Recreational FOSL 3, MCAS Tustm 1 of 7 April 2002 Table 1 (continued) Buildings and Structures Total Carve Out Parcel Building (B)/ Prior Use b, c Year Area Proposed Ultimate Area Structure (S)" Built ~' (sq. ft.) Disposition a Parcel Use b To be Educational/ 5 2 , B 185 Hobby Shop Automotive 1969 5,808 determined Recreational 5 2 S 230 Aircraft Washrack at Apron 1968 14,778 Demolition Educational/ #1 (MWA-4) Recreational Transformer Pad (Northwest To be Educational/ 5 2 S 240 of Bldg. 509; Bldg. 230 1968 36 determined Recreational washpad) 5 2 B 509 Aircraft Washrack Bldg. 1985 684 Demolition Educational/ Recreational 5 16 , B 10G Agricultural Well Pump 1943 216 Unknown Commercial/ House (IRWD) Business 5 16 S 609 Receiver 1971 140 Demolition Commercial/ Business 5 17 . S 608 Transmitter 1971 130 Demolition Educational/ Recreational 5 18 ' B 19 Paint and Lube Oil Storage 1942 2,208 Demolition Educational/ Recreational 5 18 B 20A Storehouse/AdmirListralaon/ 1943 13,536 To be Educational/ Storage/Warehouse determined Recreational . To be Educational/ 5 18 B 20B Storehouse 1943 13,121 determined Recreational 5 18 ~ B 21 Storage 1942 543 Demolition Educational/ Recreational To be Educational/ 5 18 B 28 Air Ship Hangar #1 1942 308,228 determined Recreational 5 18 " B 28A Heating Plant #1/Hazmat 1942 941 To be Educational/ Storage determined Recreational 5 18 ,- B 30 Helium Repurification Plant 1942 4,666 Demolition Educational/ Recreational To be Educational/ 5 18 - B 35 Staff NCO Club/Laundry 1943 6,802 determined Recreational 5 18 · B 35A Staff NCO Club 1943 1,311 Demolition Educational/ Storage/Laundry Boiler Recreational 5 18 · B 40A Hazardous Material Storage 1942 233 Demolition Educational/ Recreational 5 18 B 71A General Navy Warehouse 1 945 1,650 Demolition Educational/ Recreational 5 18 - B 7lB Warehouse 1945 1,650 Demolition Educational/ Recreational 5 18 o B 71C Warehouse 1945 1,650 Demolition Educational/ Recreational 5 18 . B 71D Warehouse 1945 1,650 Demolition Educational/ Recreational 5 18 ~ B 71E Warehouse 1945 1,650 Demolition Educational/ Recreational 5 18 ~ B 71F Warehouse 1945 1,650 Demolition Educational/ Recreational ~ General Navy Warehouse/ Educational/ 5 18 B 71G Maintenance Hangar O1 Space 1945 1,650 Demolition Recreational (Warehouse) 5 18 ' B 71H General Navy Warehouse/ 1945 1,650 Demolition Educational/ Warehouse (Fire Department) Recreational 5 18 ' B 71I Warehouse 1945 1,650 Demolition Educational/ Recreational FOSL 3, MCAS Tustin 2 of 7 April 2002 Table I (continued) Buildings and Structures Total Carve Out Parcel Building (B)/ Prior Use b, c Year Area Proposed Ultimate Area Structure (S)' Built ~' (sq. ft.) Disposition a Parcel Use b General Navy Warehouse/ Educational/ 5 18 , B 71J Maintenance Hangar 01 Space 1945 1,650 Demolition Recreational (Warehouse) To be Educational/ 5 18 - B 90 Warehouse (Compound) 1953 10,600 determined Recreational 5 18 · B 92 Boeing Subcontractor Office 1942 420 Demolition Educational/ Recreational Crash Crew - Training 1958 1,856 Demolition Educational/ 5 18 0 B 103 Classroom Recreational 5 18 ' S 106 Self Service Car Wash 1954 924 Demolition Educational/ Recreational 5 18 o B 161 Previously Applied 1964 13,980 Reuse Educational/ Instruction Bldg. Recreational 5 18 ~ B 171 Aircraft Operations Facility 1965 8,048 Demolition Educational/ Recreational Applied Instruction/Housing Educational/ 5 18 - B 173 Maintenance 1966 26,000 Reuse Recreational Contractor/Storage 5 18 B 178 Line Maintenance Shack 1967 1,400 Demolition Educational/ , Recreational 5 18 · B 179 Line Maintenance Shack 1967 1,050 Demolition Educational/ Recreational To be Educational/ 5 18 B 183 Comb Fire/Rescue Station 1968 6,827 · determined Recreational 5 18 B 201 Storage 1971 960 Demolition Educational/ Recreational 5 18 , S 203 Sewage Pump Station - 1982 0 Demolition Educational/ Hangar 28 Recreational 5 18 · B 207 Line Maintenance Shelter 1971 1,920 Demolition Educational/ Recreational Educational/ 5 18 ' B 226 Flight Simulator 1980 9,620 Reuse Recreational Transformer Pad (southwest To be Educational/ 5 18 S 242 1968 117 of Bldg. 183; Crash Crew) determined Recreational 5 18 B 248 Hazardous Waste Transfer 1983 1,118 Demolition Educational/ Facility Recreational Educational/ 5 18 , B 253 Applied Instruction 1983 3,972 Reuse Recreational 5 18 S 257 Recreation Picnic Shelter 1983 748 Reuse Educational/ Recreational 5 18 ' B 259 Crash Crew Storage 1984 1,025 Demolition Educational/ Recreational 5 18 · B 260 Line Maintenance Shelter 1984 1,000 Demolition Educational/ Recreational 5 18 , B 261 Light Ship Group Field Office 1984 1,000 Demolition Educational/ Recreational 5 18 · B 262 Hazardous/Flammable 1984 300 Demolition Educational/ Material Lockers Recreational 5 18 , B 263 Hazardous/Flammable 1984 300 Demolition Educational/ Material Lockers Recreational 5 18 ' B 264 Hazardous/Flammable 1984 300 Demolition Educational/ Material Lockers Recreational 5 18 o S 502 Baseball Field 1985 122,500 Reuse Educational/ Recreational FOSL 3, MCAS Tustin 3 of 7 April 2002 Table 1 (continued) Buildings and Structures Total Carve Out Parcel Building (B)/ Prior Use t,, c Year Area Proposed Ultimate Area Structure (S)· Built b (sq. ft.) Disposition d Parcel Use b 5 18 S 503 Soccer/Parade Field 1985 70,000 Reuse Educational/ Recreational 5 18 · S 504 Baseball Field 1985 122,500 Reuse Educational/ Recreational 5 18 ' B 511 Storage Shed 1986 1,800 Demolition Educational/ Recreational 5 18 0 B 512 Storage Shed 1986 1,800 Demolition Educational/ Recreational 5 18 0 B 513 Storage Shed 1986 1,800 Demolition Educational/ Recreational 5 18 . B 52.3 Applied Instruction Bldg. 1987 23,330 Reuse Educational/ Recreational 5 18 ° B 533 Armory/Small Arms Storage/ Educational/ Maintenance 1988 5,363 Reuse Recreational Tactical Van Pad/ 5 18 . B 564 Hazardous/Flammable 1984 1,224 Demolition Educational/ Material Storage Recreational 5 18 ° B 576 Hazardous Waste Storage 1991 100 Demolition Educational/ Recreational Educational/ Recreational / 5 18, 40 o B 577 Hazardous Waste Storage 1991 200 Demolition Circulation Facilities 5 18 · B 578 Hazardous Waste Storage 1991 200 Demolition Educational/ Recreational 5 18 ' B 579 Hazardous Waste Storage 1991 150 Demolition Educational/ Recreational 5. 18 ' B 580 Hazardous Waste Storage 1991 150 Demolition Educational/ Recreational To be Educational/ 5 19 - B 189 Flower Shop 1969 1,080 determined Recreational 5 19 . B 199 Child Care Center 1970 5,853 Reuse Educational/ Recreational 5 19 0 B 547 Child Care Center 1990 13,120 Reuse Educational/ Recreational 5 20 ~ B 1 Branch Medical Clinic/Dental Educational/ Clinic 1944 11,210 Demolition Recreational 5 20 ' B 42 Police Station/Kennel 1944 11,238 Demolition Educational/ _ Recreational 5 22 - B C-3 Boys and Girls Club 1943 6,552 Demolition Educational/ Recreational 5 22 ~ B C-4 Officer's Club 1943 7,548 Reuse Educational/ Recreational 5 22 ~ B 93 Bachelor Officers' Quarters 1953 15,172 Demolition Educational/ Recreational 5 22 · S 128 Softball Field #1 1944 67,500 Reuse Educational/ Recreational 5 22 ° S 131 Football Field 1959 153,999 Reuse Educational/ Recreational 5 22 ' S 143 Barbeque Pit, Picnic Area 1960 144 Demolition Educational/ Recreational 5 22 ' S 144 Volleyball Court 1960 1,800 Reuse Educational/ Recreational 5 22 ' S 145 Basketball Court 1961 6,120 Reuse Educational/ Recreational FOSL 3, MCAS Tustm 4 of 7 April 2002 .,~ Table 1 (continued) Buildings and Structures Total Carve Out Parcel Building (B)/ Prior Use ~', c Year Area Proposed Ultimate Area Structure (S)' Built ~' (sq. ft.) Disposition a Parcel Use b 5 22 ° S 146 Barbeque Hut, Picnic Area 1961 2,844 Demolition Educational/ Recreational 5 22 ' S 148 Soccer Field 1961 93,600 Reuse Educational/ Recreational 5 22 S 150 Racquetball Court 1963 864 Demolition Educational/ ' Recreational 5 22 . B 163 Public Toilet at Football Field 1965 245 Demohtion Educational/ Recreational 5 22 · S 202 Tennis Courts 1971 18,522 Reuse Educational/ Recreational 5 22 , S 208 Softball Field $$2 1974 67,500 Reuse Educational/ Recreational 5 22 , B 216 Indoor Handball Courts 1974 1,722 Demolition Educational/ Recreational Physical Fitness Center/Boys To be Educational/ 5 22 , B 221 and Girls Club of MCAS 1977 4,200 determined Recreational Tustin 5 22 · S 256 Flagpole 1983 1 Reuse Educational/ Recreational 5 22 ' B 258 Navy Rehef Paper Collection 1983 117 Demolition Educational/ Recreational Maintenance Garage (1942- Residential / 5 24, 40 ; B 16 1993)/ 1942 7,900 Demolition Circulation Administration Facilities 5 24 . B 17 Maintenance and Utility Shop 1942 6,077 Demohtion Residential 5 24 B 17T Unknown 1990 Unknown Residential 5 24 o B 41 Storage 1942 2,712 Demohtion Residential 5 24 , B 47 Squadron Headquarters 1942 5,381 Demolition Residential 5 24 - B 47T Storage 1990 2,250 Demolition Residential 5 24 B 53 Lock Shop/Storage 1942 1,970 Demohtion Residential 5 24 B 66 Public Works Shop 1944 3,663 Demolition Residential 5 24 · B 89 Warehouse/MARCORPS 1953 7,575 Demohtion Residential Property 5 24 · B 228 Issue Warehouse 1979 48,960 Demolition Residential 5 24 .. B 247 POL Testing Lab/ 1982 600 Reuse Residential Administration 5 24 . B 3005T Storage of Shipping Crates 1990 600 Demolition Residential Educational/ 5 18, 40 ' B 27 Stand-by Generator Building 1942 3,242 Demohtion Recreational / Circulation Facihties Residential / 5 1, 40 - S 77 Flagpole 1942 4 Reuse Circulation Facilities To be Commercial/ 6 16 0 B 29 Air Ship Hangar $$2 1943 298,188 determined Business To be Commercial/ 6 16 · B 29A Hazardous Material Storage 1943 941 determined Business 6 16 ' B 40B Hazardous Material Storage 1942 233 Demolition Commercial/ Business 6 16 S 149 Vehicle Grease Rack 1963 517 Demolition Commercial/ Business 6 16 ° B 174 Hazardous Material 1967 1,240 Demohtion Commercial/ Storage/Welding Shol~ Business FOSL 3, MCAS Tusfln 5 of 7 April 2002 Table 1 (continued) Buildings and Structures Total Carve Out Parcel--'--Building (B)/ Prior Use ~', c Year Area Proposed Ultimate Area Structure (S)· Built b (sq. ft.) Disposition d Parcel Use b 6 16 ~ B 175 Hazardous Material 1967 384 Demolition Commercial/ Storage/Parts Storage Business 6 16 ° B 186 FMF Auto Org Shop 1970 10,765 Demolition Commercial/ Business 6 16 , B 187 Paint and Blasting 1970 1,200 Demolition Commercial/ Shop/Motor Transport Class Business 6 16 , S 204 Sewage Pump Station - 1982 0 Demolition Commercial/ Hangar 29 Business 6 16 , S 233 Vehicle Wash Platform 1968 960 Demolition Commercial/ Business 6 16 . B 265 Hazardous/Flammable 1984 300 Demolition Commercial/ Material Storage Business 6 16 B 266 Hazardous/Flammable 1984 300 Demolition Commercial/ Material Lockers Business Vehicle Washrack Circulation 6 16 , B 507 Building/Office and Car 1985 228 Demolition Wash Equipment Storage Facilities Commercial/ Business / 6 16 o B 514 Storage Shed 1986 1,800 Demolition Circulation Facilities 6 16 o B 515 Storage Shed 1986 1,800 Demolition Commercial/ Business 6 16 o B 587 Hazardous Waste Storage 1991 150 Demolition Commercial/ Business 6 16 o B 588 Hazardous Waste Storage 1991 80 Demolition Commercial/ Business 6 16 · B 589 Hazardous Waste Storage 1991 150 Demolition Commercial/ Business 6 16 - B 596 Hazardous/Flammable 1992 200 Demolition Commercial/ Material Locker Business 6 16 B 3000T Fleet Replacement Enlisted Unknown 10,800 Demolition Commercial/ Skills Training Business Residential/ 8 27, 40 , B 303 General Storage Shed 1949 1,610 Demolition Circulation Facilities Circulation 10 40 ' S 541 Pump Station #1 1989 200 Demolition Facilities Circulation 10 40 S 542 Pump Station #2 1989 200 Demolition Facilities Notes · No buildings/structures are located within CO area boundaries of Parcel 28 (Residential) or Parcel 41 (Educational/Recreational and Circulation Facilities). ~' Prior Use, Year Built, Total Area - Basewide Environmental Baseline Survey, Appendix C (BNI 200la) c Buildings are currently vacant unless otherwise noted d Proposed Disposition - Basewide Environmental Baseline Survey, Appendix B (BNI 200la) e Ultimate Parcel Use - Reuse Plan, Figure 2 FOSL 3, MCAS Tustm 6 of 7 April 2002 Table 1 (continued) Buildings and Structures Acronyms/Abbreviations Bldg. -- building IRWD = Irvine Ranch Water District MAG = Marine Aircraft Group MCAS -- Marine Corps Air Station MCX = Marine Corps Exchange NCO = non-commissioned officers POL = petroleum, oil, and lubricant sq. ft. = square feet FOSL 3, MCAS Tustin 7 of 7 April 2002 ~,., Z Z ~ Z Z ~ Z Z ~' ~ ~ ~ <C ~ ~ ~' ~ ~ 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z Z Z Z Z Z Z o ~ ~ "~ <<< = << ~ < <~ ~ =~ '~=~ ~ ~ ~<'zi ~ 8 ~ s 8 , ~ ~ -'~ <= z z~ ~ zz ~ o ~ z z'. ~ ~ ~ z ~ z ~ ~ · ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ Z ~ ~ ~ ~ '~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ° ~ ~ ~o ~ ~ ~ ~ < < < < < < < < < < < < ~;< < ~ ~ ~, ~ ~ Z Z Z Z Z: Z Z Z Z Z Z Z Z Z ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~'= ~ ~ '; .............. = .......... = = A A A A A i 0 0 0 O~ 0 0 0 0 0 0 0 ~ u u ~ u u ~ u u u ~ _c_ _,c _~_ .,.. ~ o [.~"' r, "'" " -~ ~-~ < ~ u ,",8 8, o u ~_u~ ~ z~ ~ > ~ ~ .~ - , 0 O~O-. ~ ~ .~_ m . '.~~~ .~ ~,.o_ ,-=""~ ~_ ~ ~ .~ o~ ~ '._I ~ ~gZ ~ ...... ~ ~ ~ ~ ~ , _ '~ · ~=~ ~ ~, ' ..~,~ ~ o A A A II II II II II II II II ~ II ~~ .d~< II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II ~ II II II II II II II II II II 4 II II II II II II II II II Table 5 Former UST/AST Sites Within Carve-Out Areas Carve Out Parcel UST/AST a Description ~' Status b Area Type 5 1 UST 3 1,000-gallon, steel, fuel oil UST Closure report - February 28,1997 1 Revision 1 - March 11,1997 Installed - 1943 Revision 2 - September 3, 1997 Removed - October 1993 NFA approval - March 31,1997 (Santa Aha RWQCB) Excavation not required; no contaminants reported. Work conducted under FAC (vo No. 31) 5 1 UST 4A 7,000-gallon, steel, fuel oil UST Closure report - September 19,1996 1 Installed - 1943 NFA approval - October 28,1996 (Santa Am RWQCB) Removed October 1993 Excavation not required; no contaminants reported. Work conducted under RAC (DO No. 31) 5 1 UST 4B 360-gallon, steel, fuel oil UST Closure report - September 19,1996 1 Installed - 1943 NFA approval - October 28, 1996 (Santa Arm RWQCB) Removed - Prior to 1991 Excavation not required; no contaminants reported. Work conducted under FAC (DO No. 31) 5 1 UST 4C 360-gallon, steel, gasoline us'r Closure report - September 19,1996 1 Installed - 1943 NFA approval - October 28,1996 (Santa Ana RWQCB) Removed - Prior to 1991 Excavation not required; no contaminants reported. Work conducted under RAC (DO No. 31} 5 1 UST 26 500-gallon, steel, fuel oil UST Closure report - October 10, 1997 1 Installed - 1942 NFA approval - November 18,1997 (Santa Ana RWQCB) Removed - Prior to 1991 Excavation not required; no contaminants reported. Work conducted under RAC (DO No. 51) 5 1 UST 58 2,000-gallon, steel, fuel oil UST Closure report - October 23,1997 1 Installed - 1945 NFA approval - January 7,1998 (Santa Ana RWQCB) Removed - Prior to 1991 Excavation not required; no contaminants reported. Work conducted under RAC (DO No. 51) FOSL 3, MCAS Tustin 1 of 14 April 2002 Table $ (continued) Former UST/AST Sites Within Carve-Out Areas Carve Out Parcel UST/AST a Description b Status b Area Type 5 1 UST 91 10,000-gallon, steel, fuel oil UST Closure report - May 23, 1997 2 Installed - 1953 NFA approval - August 11, 1997 (Santa Aha RWQCB) Removed - June 21,1996 Excavation/backfill activities completed under RAC (DO No. 51) 5 1 UST 135 2,200-gallon, steel, fuel oil UST Initial closure report - July 24,1998 2 Installed - 1961 Ongoing investigation Removed - November 7,1997 Initial excavation/backfill activities completed under RAC (DO No. 51) 5 1 UST 300 Z000-gallon, steel, fuel oil UST Closure Report - March 20, 1998 4 Installed - 1943 NFA approval - September 18, 1998 (Santa Aha RWQCB) Removed - September/October 1993 No excavation conducted under RAC (DO No. 51) 5 1 US;I' 506 360-gallon, steel, diesel UST Closure report - December 13,1996 2 O~ot shown on figure) Installed - 1985 NFA approval - January 27,1997 (Santa Aha RWQCB) Removed - September/October 1993 Excavation/backfill activities completed under RAC (DO No. 31) 5 2 UST 11 200-gallon, steel, fuel oil UST Closure Report - July 11, 1997 2 Installed - 1943 NFA approval - August 11,1997 (Santa Aha RWC~CB) Removed - Prior to 1991 Excavation/backfill activities completed under RAC lDO No. 51) 5 2 UST 185 750-gallon, concrete, waste oil UST The site was transferred to the RAC 2 contractor for closure under the Installed - 1969 RWQCB Petroleum Corrective Action Program, primarily because Removed - September/October 1993 of petroleum contamination Investigation activities conducted under Closure report - May 8,1998 ESI Program. This tank is identified as AOC MMS-4 (DO No. 51) NFA approval - April 2, 1999 (Santa A~a RWC2CB) FOSL 3, MCAS Tustin 2 of 14 April 2002 Table 5 (continued) Former UST]AST Sites Within Carve-Out Areas Carve Area Out Parcel UST/AST · Description b Status b Area Type 5 2 uffr 509 100-ganon, steel, waste oil UST NFA approval - May 18, 2000 (BCT) 1 Installed - 1985 Removed - December 1998 UST with monitoring system associated with O/W SEE-509 (SI-lB) 5 16 UST 534A 5,000-gallon, fiberglass u~r NFA approval - April 21, 2000 (BCO 1 Used to JP-5 [uel for fire training exercises (runo[f [rom training pad flows to O/W SEP-534). Installed - 1988 Removed - January 22,1999 $ 16,18 UST 534B 1,000-gallon, fiberglass, waste fuel UST NFA approval - April 21, 2000 (BCT) 1 with monitoring system Associated with O/W SEP-534 Installed - 1988 Removed - March 19,1999 5 16 UST 534C 1,550-gallon, concrete, water/waste fuel NFA approval - April 21, 2000 (BCT) 1 UST Associated with O/W SEP-534 Installed - 1988 Removed - January 22,1999 5 18 UST 20A 1,000-gallon, steel, fuel oil UST Closure report - June 2,1997 1 Installed - 1943 Closure report Revision 1 - September 5, 1997 Removed - Prior to 1991 NFA approval - August 11, 1997 Excavation not required; no (Santa Aha RWQCB) contamination reported. Work conducted under RAC (DO No. 51) 5 18 UST 28 Z000-gallon, steel, fuel oil UST NFA approval - June 6,1997 1 (OCHCA) Installed - 1942 Removed - September 1993 Tank removed with clean closure determination FOSL 3, MCAS Tustin 3 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Out Parcel UST/AST a Description b Status b Area Type b, c 5 18 UST 28A 7,000-gallon, steel, fuel oil UST Closure report - December 16, 1996 2 Installed - 1942 NFA approval - January 27,1997 (Santa Ana RWQCB) Removed - August 12,1993 Excavation/backfill activities completed under RAC (DO No. 31) 5 18 UST 32 360-gallon, steel, fuel oil UST Closure letter - March 23,1997 1 Installed - 1942 NFA approval - April 11,1997 (Santa Ana RWQCB) Removed - Prior to 1991 Excavation not required; no contaminants reported. Work conducted under RAC (Do No,. 5 18 UST 35 7,000-gallon, steel, fuel oil UST Closure report - February 28, 1997 2 Installed - 1943 NFA approval - March 31,1997 (Santa Aha RWQCB) Removed - June 26,1996 Excavation/backfill activities completed under RAC (DO No. 51) 5 18 UST 90 500-gallon, steel, fuel oil UST Potential contamination originally 2 assessed under CLEAN II - IRP-12 Installed - 1953 Site transferred to the RAC Removed - June 3,1993 contractor for closure under RWQCB Petroleum Corrective Action Tank and piping removed (corroded) in Program, primarily because of presence of OCHCA Inspector petroleum contamination Ongoing investigation 5 18 UST 161 Z000-gallon, steel, fuel oil UST Closure report - December 13, 1996 2 Installed - 1964 NFA approval - January 27,1997 (Santa Arm RWQCB) Removed - March 10, 1993 Excavation/backfill activities completed under RAC (DO No. 51) 5 18 UST 171 550-gallon, steel, diesel UST Closure report - October 17,1997 2 Installed - 1965 NFA approval - November 21,1997 (Santa Am RWQCB) Removed - September/October 1993 Excavation/backfill activities completed under FAC (DO No. 51) FOSL 3, MCAS Tustin 4 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Area Out Parcel UST/AST · Description b Status b Type Area 5 18 UST 183 500-gallon, steel, diesel Ub-T Closure report - December 13, 1996 1 InstaUed - 1968 NFA approval - January 27,1997 (Santa Am RWQCB) Removed - September/October 1993 Excavation not required; no contaminants reported. Work conducted under RAC (DO No. 31) 5 18 UST 183A 100-gallon, steel, waste oil UST NFA approval - April 21, 2000 (BCT) 1 Installed - 1990 Removed - March 1999 UST associated with O/W SEP-183. Sump with lift station to sanitary sewer 02)O No. 51) 5 18 UST 203A 500-gallon, steel, waste oil UST NFA approval - June 2,1997 (OCHCA) Installed - 1982 Removed - September 27,1994 Clean closure determination for tank removal. RFA was conducted; NFA recommended 5 18 UST 203B 500-gallon, steel, waste oil UST NFA approval - June 2,1997 (OCHCA) Installed - 1982 Removed - September 27,1994 Clean closure determination for tank removal. RFA was conducted; NFA recommended 5 18 UST 226 550-gallon, fiberglass, hydraulic fluid UST Closure report - June 4,1997 2 Installed - 1980 NFA approval - August 11, 1997 (Santa Aha RWQCB) Removed - September 19,1996 Excavation/backfill completed under RAC (VO No. 51) 5 18 AST 28A 150-gallon, steel, diesel AST Closure report - December 7, 2000 Removed - May 5,1999 The tank (AST 28) originally installed at this location was removed by the RAC and replaced. The replacement tank (AST 28A) was also subsequently removed per above closure report NFA approval - January 17, 2001 (Santa Aha RWQCB) FOSL 3, MCAS Tustin 5 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Area Out Parcel UST/AST a Description ~' Status b Area Type b, 5 18 AST 28B 15-gallon, steel, diesel AST Closure report - December 7, 2000 1 Removed - December 10,1998 NFA approval - January 17, 2001 (san~a A~a RWQCB) 5 18 AST 106 500-gallon, steel, propane AffF Closure report - January 24,1997 2 Removed - July 30,1996 NFA approval - February 24,1997 (Santa Aha RWQCB) 5 18 AST 183 50-gallon, steel, diesel AST Closure report - December 7, 2000 1 Removed - April 9,1999 NFA approval - January 17, 2001 (Santa Ana RWQCB) 5 20 UST 1 1,000-gallon, steel, fuel oil UST Closure report - February 28, 1997 2 Installed - 1944 Technical Memorandum - November 2, 2001 Removed - 1993 Ongoing investigation Excavation/backfill activities completed under RAC (DO No. 31) 5 22 UST C4 Z000-gallon, steel, fuel oil UST Closure report - April 16, 1997 2 Installed - 1943 NFA approval - May 14, 1997 (Santa Ana RWQCB) Removed - August 1996 Excavation/backfill activities completed under RAC (DO No. 51) 5 22 UST C5 800-gallon, steel, fuel oil UST Closure report - August 1,1997 2 Installed - 1943 NFA approval - October 15,1997 (San~a Aha RWQCB) Removed - September 1996 Excavation/backfill activities completed under RAC (DO No. 51) 5 22 UST 93 1,000-gallon, steel, fuel oil UST Closure report - April 18,1997 2 Installed - 1953 NFA approval - May 14, 1997 (Santa Ana RWQCB) Removed - March 30, 1993 Excavation/backfill activities completed under RAC (DO No. 31) 5 22 UST 222A 12,000-gallon, fiberglass, gasoline UST Tank removal report - June 1,1999 1 Installed - 1974 Ongoing investigation Removed - May 1,1998 Stationwide Annual Testing Program last tested November 26,1996; passed (DO No. 51) FOSL 3, MCAS Tustin 6 of 14 April 2002 Table 5 (continued) Former UST[AST Sites Within Carve-Out Areas Carve Area Out Parcel UST/AST * Description b Status b Type Area 5 22 UST 222B 12,000-gallon, fiberglass, gasoline UST Tank removal report - June 1,1999 1 Installed - 1974 Ongoing investigation Removed - May 1,1998 Stationwide Annual Testing Program last tested November 26,1996; passed (DO No. 51) 5 22 UST 222C 12,000-gallon, fiberglass, gasoline UST Tank removal report - June 1,1999 2 Installed - 1974 Ongoing investigation Removed - May 1,1998 Stationwide Annual Testing Program last tested November 26, 1996; failed. Tank was emptied within 24 hours. , 5 22 UST 222D 12,000-gallon, fiberglass, gasoline UST Tank removal report - June 1,1999 1 Installed - 1974 Ongoing investigation Removed - May 1, 1998 5tationwide Annual Testing Program last tested November 26, 1996; passed (DO No. 51) 5 22 UST 222G 550-gallon, fiberglass, oil UST Tank removal report - June 1,1999 1 Installed - 1974 Ongoing investigation Removed - May 1,1998 Tank was located north of Bldg. 222; surface area covered with concrete and asphalt (DO No. 51). 5 22 UST 222H 550-gallon, fiberglass, oil UST Tank removal report - June 1,1999 1 Installed - 1974 Ongoing investigation Removed - May 1,1998 Tank was located north of Bldg. 222; surface area covered with concrete and asphalt (DO No. 51). 5 22 UST 222I 550-gallon, fiberglass, waste oil UST Tank removal report - June 1,1999 1 Installed - 1974 Ongoing investigation Removed - May 1, 1998 Tank was located north of Bldg. 222; surface area covered with concrete and asphalt (DO No. 51). FOSL 3, MCAS Tustin 7 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Out Parcel UST/AST a Description b Status b Area Type 5 24 UST 18A 1,000-gallon, steel, gasoline UST Ongoing investigation 1 Installed - 1943 Removed - Prior to 1991 Closure by RAC contractor (DO No. 51) 5 24 UST 18B 1,000-gallon, steel, gasoline UST Ongoing investigation 1 Installed - 1943 Removed - Prior to 1991 Closure by RAC contractor (DO No. 51) 5 24 UST 22A (1,2) 15,000-gallon, steel, fuel oil UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Ana RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) 5 24 UST 22B (1-3) 8,000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Ana RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) 5 24 UST 22C (1-3) 8,000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval o March 3, 1997 (Santa Aha RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) 5 24 UST 22D (1-4) Z000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Ana RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) FOSL 3, MCAS Tustin 8 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Area Out Parcel UST/AST a Description b Status b Area Type b, 5 24 US'I' 22E-1, 2 7,000-gallon, steel, gasoline US'I' Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Aha RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) 5 24 UST 22F (1-3) 7,000-gallon, steel, gasohne UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3,1997 (Santa Aha RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) 5 24 UST 22G (1-3) 7,000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3,1997 (Santa Ana RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 5 24 UST 22H (1-3) 8,000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3,1997 (Santa Aha RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) 5 24 UST 22I (1-3) 8,000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Ama RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) 5 24 UST 22J (1-3) 8,000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Ama RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) FOSL 3, MCAS Tustin 9 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Calve Area Out Parcel UST/AST l Description b Status b Area Type b, 5 24 UST 22K (1-3) 8,000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Ana RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 12) 5 24 UST 22L (1-3) 500-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Aha RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC (DO No. 5 24 UST 22M (1-3) 8,000-gallon, steel, gasoline UST Closure report - January 17,1997 2 Installed - 1942 NFA approval - March 3, 1997 (Santa Aha RWQCB) Removed - November 1991 Former IRP-16 (A). Excavation/backfill activities completed under RAC 030 No. 12) 5 24 UST 47 800-gallon, steel, fuel oil UST Closure report - February 2,1998 2 Installed - 1942 Closure report revised - February 23, 1998 Removed - March 21,1997 NFA approval - June 17,1998 (Santa Excavation/backfill activities completed Aha RWQCB) under RAC (DO No. 51) 5 24 UST 66 4C~O-gallon, steel, fuel oil UST Closure report - January 2,1998 2 Installed - 1944 NFA approval - January 21,1998 (Santa Ana RWQCB) Removed o Prior to 1991 Excavation/backfill activities completed under RAC (DO No. 51) 5 24 UST 89 30-gallon (drum), steel, fuel oil UST Draft Closure report - December 14, 3 2000 Removed - December 1, 1999 NFA approval - March 29, 2001 Excavation/backfill activities completed (BCT) under RAC (DO No. 103). Drum removed in presence of OCHCA Inspector FOSL 3, MCAS Tustm 10 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Area Out Parcel UST/AST" Description b Status b Area Type b, 5 24 UST 268 4,500-gallon, fiberglass, gasoline UST Ongoing investigation 2 Installed - 1984 Removed - December 1998 A leak was reported in the pump in July 1996. The pump was repaired. Excavation/backfill activities ongoing under RAC (DO No. 121) 5 24 Asr 169 219,000-gallon, steel, JP-5 Asr Closure report - January 29,1999 2 Removed - June 22,1998 NFA approval - September 28, 2000 (Santa Ina RWQC~) $ 24 AST 170 217,000-gallon, steel, JP-5 AST Closure report - January 29,1999 2 Removed - June 22,1998 NFA approval - September 28, 2000 {santa ~ RWQC~) 5 40 UST 16 1,000-gallon, steel, fuel oil UST Contaminated soil addressed as part 5 of soil removal action at IRP-13W Installed - 1942 Ongoing investigation Removed - Prior to 1991 Contamination assessed under CLEAN II IRP-13W 5 40 UST 27A 10,000-gallon, steel diesel UST Initial Closure report - May 8, 1998 2 Installed - 1942 Ongoing investigation Removed - September 27 and 28, 1994 Initial excavation/backfill activities completed under RAC (DO No. 51) Additional excavation/backfill activities to be done. 5 40 UST 2713 10,000-gallon, steel, diesel UST Initial Closure report - May 8, 1998 2 Installed - 1942 Ongoing investigation Removed - September 27 and 28, 1994 Initial excavation/backfill activities completed under RAC (DO No. 51) Additional excavation/backfill activities to be done. FOSL 3, MCAS Tustin 11 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Area Out Parcel UST/AST · Description b Status b Area Type 5 40 UST 10SA 12,000-gallon, steel, gasoline UST Closure report - February 4, 1997 2 Installed - 1952 NFA for soil; groundwater remediation activities have been Removed - April 6, 1993 conducted at the site under RAC (DO No. 64) Excavation/backfill activities completed under RAC (DO No. 31) Draft Closure report, Groundwater Remediation - February 19, 2001 NFA concurrence - pendin~ 5 40 UST 105B 12,000-gallon, steel, gasoline UST Closure report - February 4,1997 2 Installed - 1952 NFA for soil; groundwater remediation activities have been Removed - April 6, 1993 conducted at the site under RAC (DO No. 64) Excavation/backfill activities completed under RAC (DO No. 31) Draft Closure report, Groundwater Remediation - February 19, 2001 NFA concurrence - pending 5 40 UST 105C 10,000-gallon, steel, diesel UST Closure report - February 4,1997 2 Installed - 1952 NFA for soil; groundwater remediation activities have been Removed - April 6,1993 conducted at the site under 10,AC (DO No. 64) Excavation/backfill activities completed under RAC (DO No. 31) NFA concurrence - pending 5 40 UST 10SD 5,000-gallon, steel, diesel UST Closure report - February 4,1997 2 Installed - 1952 NFA for soft; groundwater remediation activities have been Removed - April 15,1993 conducted at the site under RAC (DO No. 64) Excavation/backfill activities completed under RAC (DO No. 31) NFA concurrence - pending 5 40 UST 10SE 5,000-gallon, steel, gasoline or diesel fuel Closure report - February 4,1997 2 UST NFA for soil; groundwater Installed - 1952 remediation activities have been conducted at the site under RAC (DO Removed - April 15, 1993 No. 64) Excavation/backfill activities completed NFA concurrence - pending under RAC lDO No. 31! FOSL 3, MCAS Tustm 12 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Out Parcel UST/AST a Description b Status b Area Type 5 40 us'r 105F 300-gallon, steel, gasoline or diesel fuel Closure report - February 4,1997 2 UST NFA for soil; groundwater Installed - 1952 remediation activities have been conducted at the site under RAC (DO Removed - December 14,1995 No. 64) During excavation activities by the RAC NFA concurrence - pending (DO No. 31) as USTs 105A, B C, D, and E, an additional tank (105F) was discovered. The tank was removed and disposed of off site. Excavation/backfill activities completed under RAC (DO No. 31) 5 40 AST 27 500-gallon, steel, diesel AST Closure report - June 9,1998 1 Removed - August 12, 1997 NFA approval - May 15, 2000 (Santa Ana RWQCB) 6 16 UST 29A ZOOO-gallon, steel, fuel oil UST Site originally assessed under 2 CLEAN II, IRP-3. Installed - 1942 Site to be transferred to the RAC for Removed - August 12, 1993 (without closure under RWQCB Petroleum piping, in presence of OCHCA Inspector) Corrective Action Program, primarily because of petroleum contamination. Ongoing investigation 6 16 UST 186A 10,000-gallon, steel gasoline UST Closure report - December 13,1996 1 Installed - 1970 NFA approval - January 27,1997 (Santa Aha RWQCB) Removed - September/October 1993 No contaminants reported, excavation not required (work conducted under RAC [DO No. 31l) 6 16 UST 186B 10,000-gallon, steel, diesel UST Closure report - December 13,1996 1 Installed - 1970 NFA approval - January 27,1997 (Santa Ana RWQCB) Removed - September/October 1993 No contaminants reported, excavation not required (work conducted under RAC [DO No. 31]) 6 16 UST 186C 10,000-gallon, steel, gasoline UST Closure report - December 13,1996 1 Installed - 1970 NFA approval - January 27,1997 (Santa Aha RWQCB) Removed - September/october 1993 No contaminants reported, excavation not required (work conducted under RAC [DO No. 31]} FOSL 3, MCAS Tustm 13 of 14 April 2002 Table 5 (continued) Former UST/AST Sites Within Carve-Out Areas Carve Out Parcel UST/AST · Description b Status b Area Type 6 16 UST 186D 500-gallon, concrete, waste oil UST with NFA approval - April 21, 2000 (BCT) 1 monitoring system Assodated with O/W SEP-18612] Installed - 1970 Removed - March 1999 6 16 Asr 186 1,000-gallon, steel, waste oil AST Closure report - June 9,1998 2 (SAT-8) Removed - Prior to 1997 NFA approval - May 15, 2000 (Santa A~a RWQCB) 11 1 A~ 194A 30,000-gallon, steel, JP-5 AST Initial soil excavation/backfill 2 activities conducted in 1999 did not Removed - March 24, 1999 include areas beneath the concrete apron. Ongoing investigation 11 1 AST 194B 30,000-gallon, steel, JP-5 AST Initial soil excavation/backfill 2 activities conducted in 1999 did not Removed - March 24, 1999 include areas beneath the concrete apron. Ongoing investigation Notes: · Known UST and AST sites in Parcels - Basewide Environmental Baseline Survey, Table 3-2 (BNI 2001a) b UST and AST Description, Status, and Area Type - Basewide Environmental Baseline Survey, Tables 5-5 and 5-6 (BNI 2001a) ,' Area type based upon environmental condition as defined in the Base Realignment and Closure (BRAC) Cleanup Plan Guidebook Addendum (August 1996) and subsequent site investigation data (see Table 7) Acronyms/Abbrevia tions: BCI' -- CLEAN -- DO = IRP = JP-5 -- MMS No. -- NFA = OCHCA = RAC RCRA = RFA -- RWQCB = UST = aboveground storage tank base realignment and closure (BRAC) Cleanup Team Comprehensive Long-Term Environmental Action Navy delivery order Installation Restoration Program jet propellant grade 5 miscellaneous, major spill number no further action Orange County Health Care Agency Remedial Action Contractor Resource Conservation and Recovery Act RCRA Facility Assessment (California) Regional Water Quality Control Board underground storage tank FOSL 3, MCAS Tustin 14 of 14 April 2002 Table 6 Monitoring Wells and Surface Water Gaugin§ Locations Carve Out Area Parcel Monitoring Well/ Gauging Location 1 A000SB42S · A000SB43D · A000SB44D2 · IS72MW02S · IS72MW02D · IS72MW2D2 · IS72MW03S · IS72MW03D · 1 IS72MW03D2 · 1 IS72MW12S · IS72MW12D · IS72MW14S · IS72MW14D · 222MW02S · 222MW02D · ~72MW02D2 · 222MW05S a 222MW05D · IS72MW7D2 · 222MW06D · 16 222MW06D2 · 222MW08D i 222MW08D2 · IS72MW8D2 · IS72MW9D2 i I012MW07S · 16 I012M W07D2, 16 CDS1MW02S ~ 16 IS72MW05S · 16 18 18 18 18 18 18 18 18 18 18 18 IS72MW05D · I012MW02S · 1012MW02D · I012MW03S · IO12MW04S · 1012MW055 · I012MW085 · I012MW09S · I012MW10S · 1012MWllS · 1012MW12S · IS72MW04S · Monitoring Frequency d,,,f Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly FOSL 3, MCAS Tustin 1 of 3 April 2002 Table 6 (continued) Monitoring Wells and Surface Water Gauging Locations Carve Out Area Parcel 18 18 18 18 18 18 18 18 18 18 19 19 19 Monitoring Well/ Gauging Location IS72MW04D ~ CDS1MW01$ · A000SB45D ~ IS72MW10S · IS72MW10D · IS72MWllS · IS72MW11D · IS72MW13S · IS72MWI3D · 222MW03S · 222MW03D · 222MW03D2 -' 22.2MW01S, 22 222MW01D 24 24 18, 40 24,40 24, 40 24,40 40 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 ~22MWO1 D2 ~ 222MW04S · 222MW04D · 222MW04D2 · I016MW01S · I016MW02S · I016MW03S · IS72MW01D · I012MW01S· IS72MW01U · IS72MW01S -' IS72MW06D · I003MW01D · IO03MWO1S · I003MW02D · I003MW02S · I003MW03D · I003MWOBS · I003MW04D · I003MW04S · I003MW05D · I003MW05R · I003MW05S · 1003MW06S · I003MW07D. I003MW07S · I003MW08S · I003MWllS · Monitoring Frequency Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarter!y FOSL 3, MCAS Tustin 2 of 3 April 2002 Table 6 (continued) Monitoring Wells and Surface Water Gauging Locations Carve Out Area Parcel 16 40 27 Monitoring Well/ Gauging Location 5SW02 b BSW12b 5SW03A b Monitoring Frequency d~ Quarterly Quarterly Quarterly 27 5SW03B b Quarterly 10 28 1001LFG1, Monthly 10 28 I001 LFG2 c Monthly 10 28 I001 LFG3,' Monthly 40 40,41 40, 41 40, 41 40, 41 10 10 10 10 I001 BC49S · I001BCSOS · I001MWSOD · I001MW52S · I001MW52D · I001MW53S ' I001MW53D · 1SW03b 10 10 10 10 Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly 40, 41 40,41 41 Notes: a Monitoring well b Surface water gauging station c Landfill gas monitoring probe a Monitoring may include taking surface/groundwater level measurements and/or sampling and/or gas measurements e Monitoring frequency - Fall 2001 Quarterly Groundwater Monitoring Data Summary (BNI 2002b) and Record of Decision (ROD)/Remedial Action Plan (RAP) for Operable Unit -3 (BNI 200lb) ~ Monitoring frequency may change based on evaluation of groundwater monitoring results. FOSL 3, MCA$ Tustm 3 of 3 April 2002 Table 7 Department of Defense Environmental Condition of Property Area Types * Area Type 1 Description Areas where no release or disposal of hazardous substances or petroleum products has occurred (including no migration of these substances from adjacent areas) Areas where only release or disposal of petroleum products has occurred Areas where release of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action Areas where release, disposal, and/or migration of hazardous substances has occurred, and all remedial actions necessary to protect human health and the environment have been taken Areas where release, disposal, and/or migration of hazardous substances has occurred, and removal or remedial actions are underway, but all required remedial actions have not yet been taken Areas where release, disposal, and/or migration of hazardous substances has occurred, but required response actions have not yet been implemented Areas that have not been evaluated or require additional evaluation Note: * according to the Department of Defense BRAC Cleanup Plan Guidebook (DoD 1996), properties classified as Area Types I through 4 may be considered suitable for transfer, and properties classified as Area Types 5 through 7 are considered unsuitable for transfer Acronyms/Abbreviations: BRAC = base realignment and closure DoD -- Department of Defense FOSL 3, MCAS Tustm 1 of 1 April 2002 Table 8 Environmental Factors Considered Environmental Factors May Pose Restrictions or Environmental Factors Considered Require Notification? No Yes X Hazardous substances X Areas of concern X Medical/biohazardous wastes X Oil/water separators X Monitoring wells/surface water gauging locations/landfill gas monitoring probes X Unexploded ordnance X Petroleum products and derivatives X Radioactive & mixed wastes X Storage tanks (USTs /ASTs) X Pesticides/herbicides applications X Asbestos X Drinking water quality X Indoor air quality X Lead-based paint X Polychlorinated biphenyls X Radon X Air conformity/air permits X Coastal zones X Energy (utilities) X Flood plains X Groundwater use/subsurface excavation X Hazardous waste management (by lessee) X Historic property (archeological/Native American, paleontological) X Occupational Safety & Health Administration X Outdoor air quality X Prime/unique farmlands X Sanitary sewer systems (wastewater) X Sensitive habitat X Septic tanks (wastewater) X Solid waste X Threatened and endangered species X Transportation X Wetlands X School Site Considerations Acronyms/Abbreviations: AST -- aboveground storage tank UST -- underground storage tank FOSL 3, MCAS Tustin 1 of 1 April 2002 Table 9 Notifications and Restrictions Summary I I sl,.I.". I-I,.o § I.~.~-I ~ I '~ I ~ I Notifications Conunon to Entire Carve Out Areas Notifications and Restrictions "',, .,,,'" -'-... ,,,"- - I m I .~. I '~ I ~.~1 '~ I .~ I ~ I ~ I .~ ' I Alii All I I 4.1 I 4.2 I I 4.4 I 4.5 I I 4.7 I 4.8 I4.9 I 4"0l I 4'121 I I 14"6l I S ] AliI All ] [ 4.1 [ 4.2 [ [ 4.4 [ ] [ 4.7 ] 4.8 [4.9 [ i.10 [ ] 4.12 [ [ ] ] 4.16 n I *ill ,I, I I 4.~ I 4.2 I I I 4.s I I I 4.s I I I 14-tzl I I I I I Notifications Common to Entke P~cels 5 [ I [ All [ [ 4.1 ] 4.2 [ [ 4.4 [ 4.5 [ I 4.7 I 4.8 [ 4.9 [ 4.10 [ 4.11 [ 4.12 I [ 4.14 [ [ 4.16 ~ I ~ I ,u I I4.1I4.2I I4.4I ~'~ I I4.7I4.8I 4.9I 4"°14.1114.12114.141 14'~614.17 I ' I "I *" I I 4.~ I 4.~1I ''~ I 4.Sl 4.~1~'* I ~.Sl a" 14"°14"'1~"~1 14"41 14'~1"~1 ' I "I *" I I ~'' I ~'~1I'~'~ I ~'~1 4.~1''* I ~.Sl "~ I~"°1~"'1~"~1 I'"~1 14"~1 I ~ [ 19 [All[ [ 4.1 [ 4.2 [ [ 4.4 [ 4.5I 4.6 [ 4.7 [ 4.8 [ 4.9I 4'10 I 4'11 I 4'12 I I4'14 [ I4'16 I 4'17 [ ' I ~0 I*" I I ~''1 ~'~1 I ~.41 4.~1 ~'~14., I ~'~1 ~'~1~"°14"'1~"~1 I'"al I4''~1 s I = I *"I I ~''1 ~'~1 I ~'al 4.~14.~1 ~'* 1~'81 ~'~ 14"°1~"'1~"~1 1'"41 14'~1 I ' I ~' I *"I I ~'' I 4.~ I ~'~ I ~'~ I ~'~ I '''~ I 4.~ I ~'' I ~'~ I~''° I~''' I'''~ I I ,.,4 I I '"~ I I 8 [ 27 [ All [ [ 4.1 [ 4.2 [ [ 4.4 I [ 4.6 [ 4.7 [ 4.8 [ 4.9 [ 4'10 I I 4.12 [ [ 4.14 [ [ 4.16 Resbictions Common to Entke C~ve Out ~eas Restrictions for Specific Buildings Parcel FOSL 3, MCAS Tustin 1 of 4 April 2002 Table 9 Notifications and Restrictions Summary Parcel 2 ~ I ~ I s,IV,~motition I I I I I I I4.7(b)I I'Lg(~x"~l I I I I I I I I s I2 Is~2IO,,,o,,ion I I I I I I I ~-7~a~ I I ~.9~X~i~l I I I I I I I I S I: I~ IS IVemo~tio~ I I I I I I I ~.7~ I ~.s I ~.~,x~l I I I I I I I I s I~ I~ ID~'°~°~ I I I I I I I ~-~¢~ I ~.s I ,.*~,x~l I I I I I I I I S l~ I~ssIT~D I I I I I I I s.~¢~l ~.s 14.9(a)(~)1 I I I I I I I I s I~ I s~ I~emoU~o~l I I I I I I~.~e~l I~.~aXi~l I I I I I I I I s I~ I s~°IT~D I I I I I I I~-~(e) l l~-9(~)(.)l I I I I I I I I S121 B~ I~e~°'~"°'~ I I I I I I~-~)1'.~ I I I I I I I I I I Parcel 16 Parcel 18 FOSL 3, MCAS Tustin 2 of 4 April 2002 Table 9 Notifications and Restrictions Summary Notifications and Restrictions 5 18 B 71J Demo~tion 4.7(b) 4.8 4.9(a)(~) 5 J8 B ~ ~D 4.7(c) 4.9(a)(~) 5 18 B 92 Demoli~on 4.7(d) 4.8 4.9(a)(fi) 5 18 B 103 Demolition 4.7(d) 4.9(a)(~) 5 18 S 1~ Demo~tion 4.7(c) 4.9(a)(ii) 5 ~8 B 161 Reuse 4.7(a) 4.8 4.9(a)(i) 5 ~8 B 171 Demoli~on 4.7(c) 4.9(a)(~) 5 ~8 B 173 Reuse 4.7(a) 4.8 4.9(a)(i) 5 18 B 178 Demo~on 4.7(b) 4.8 4.9(a)(ii) 5 18 B 179 Demo~tion 4.7~) 4.9(a)(ii) 5 ~8 B 183 ~D 4.7(b) 4.9(a)(ii) 5 ~8 B 20~ Demo~tion 4.7(c) 4.9(a)(ii) 5 18 S 203 Demoli~on 4.7(b) 5 ~8 B 207 Demoli~on 4.7(b) 4.8 4.9(a)(~) 5 18 B ~6 Reuse 4.7(b) 5 ~ 5 242 ~D 4.7(e) 4.9(a)(ii) ~ 18 B 248 Demoli~on 4.7(b) 5 18 B ~3 Reuse 4.7~) 4.8 5 ~8 S 257 Reuse 4.7(e) 5 18 B 259 Demolition 4.7(b) 5 18 B 260 ~Demo~tion 4.7~) 4.8 5 18 B 261 Demo~on 4.7(b) 5 18 B 262 Demo~tion 4.7(b) 5 18 B 263 Demo~tion 4.7(b) 4.8 5 18 B 2~ Demo~on 4.7(b) 5 18 5 502 Reuse 4.7(e) 5 18 S 503 Reuse 4.7(e) 5 18 S 5~ Reuse 4.7(e) 5 18 B 5H Demo~tion 4.7(b) 5 18 B 512 Demolition 4.7(b) 5 18 B 513 Demolition 4.7(b) 5 18 B 5Z3 Reuse 4.7(b) 5 18 8 533 Reuse 4.7(b) 5 18 B 5~ Demo~tion 4.7(b) 5 18 B 576 Demo~on 4.7(b) 5 18 B 5W DemoBtion 4.7(b) 4.8 5 18 B 578 Demo~tion 4.7(b) 5 18 B 579 Demolition 4.7(b) 5 18 B ~0 Demolition 4.7(b) Parcel 19 5 19 B 189 ~D 4.7(b) 4.8 4.9(a)(ii) ~ ~9 B 199 ~Reuse 4.7(c) 4.8 4.9(a)(0 5 19 B ~7 :Rede 4.7(b) 4.8 P, rcel 20 Parcel 22 5 22 B C-3 Demo~tion 4.7(c) 4.9{a)(ii) 5 ~ g C-4 Reuse 4.7{d) 4.9(a)(i) 5 ~ B 03 Demohfion 4.7(a) 4.0(a)(ii) 5 ~ S 128 Reuse 4.7(e) 5 ~ S 131 Reuse 4.7(e) 4.9(a)(i) 5 ~ S 143 Demohtlon 4.7{e) 4.9{a)(ii) 5 ~ S 144 Reuse 4.7(e) 4.9(a)(i) FOSL 3, MCAS Tustin 3 of 4 April 2002 Table 9 Notifications and Restrictions Summary Notifications and Restrictions Parcel 24 Parcel 40 TBD - To Be Determined Notes: 1 - Proposed disposiUon not specified in Reuse Plan 2 - This excludes portions of Pan:els 28 and 41 in CO-10 because they do not contain buildings or sh'uctures 3 - This restricUon pertains only to the Nuclear Biological and Chemical (NBC') unit of Building 29 FOSL 3, MCAS Tustin 4 of 4 April 2002 ,.,° Pa~k I"' ,.-" MARINE CORPS AIR"STA'I'ION TUSTIN, CALIFORNIA .-..?..... ,-.~ "-.,.-~. 1' ~' "~' i": I I%] Juan pi~t~ano ,. I MCA8 TUSTIN FOSL 3 TUmlN, OALIFOFe~ DATE: 04/0~ MARINE CORPS AIR STATION TUSTIN VICINITY MAP 1:I(3URE C~On~ ~0~0 y~o~o > · 0 ~ 0 ~ ~ X ,.;9 j . I .® 0 .. .. .. . .. . ~® ( ® x C 0 0 Z Z (-~ Z C -- 0 ~ rn 'o 131 rtl ::0 ITl ' ~® ! ® ,/% I · \ ,. ® c 0 ! m m~ 0 fi) m I C0-11 0 m FIGURE 11 DECISION TREE FOR ASBESTOS-CONTAINING MATERIAL SURVEYS DOD POLICY ON ASBESTOS A T BRAC PROPERTIES Prior to property disposal, all available information on the existence, extent and condition of ACM shall be provided to the transferee in an EBS report or other appropriate document. All property containing ACM will be conveyed, leased or otherwise disposed of as is through the BRAC process, unless it is determined by competent authority that the ACM in the property poses a threat to human health at the time of transfer. This flow chart summarizes the steps necessary to comply with the DOD policy on asbestos at BRAC properties. ~Per DOD Policy, the Information to be ~ provided to the transferee Includes: 1. Reasonably available Information on th type, location, and condition of asbestos in any building or Improvement on the property. 2. Any results of testing for asbestos. 3. A description of any asbestos control measures taken for the property. 4. Any available information on costs or time necessary to remove all or any portion of the remaining ACM. 5. Results of a site-specific FAD ACM survey performed to revalidata the condition of the Was damaged ACM found in the last survey, or is there any reason to suspect damaged ACM is present? NO YES When is building going to be conveyed or one year E lias building been I previously NO Inspected for ACM? Infonn~tlon Is building going to ~ be occupied or IIDem°lished' demolished? Occupied IHas ACM been Identified within the NO building Interior in previous surveys? I VVhen was lastACM I 1997 or Later Survey conducted? ~rior to 1997 Conduct ~ survey to Identify and confirm ~ suspect FAD ACM l r Abate all FAD ACM, Was any FAD ACM or restrict Identified? building from use. LI Is building going to Ioccu, ied be occupied or ~ demolished? I Demolished No further surveys or remedlation necessary Dispose of 'as ~ Is,' provided ~ conditions* are In ~ transfer ~ document. ~ Dispose of property * Unless existing surveys indicate that there is no ACM which poses a threat to human health, the transfer document must prohibit occupation of the buildings prior to the demolition, and the transferee must assume responsibility for the management of any ACM in accordance with applicable laws. ATTACHMENT 1 REFERENCES REFERENCES Bechtel National, Inc. 1996a. Draft Final Expanded Site Inspection Report, Marine Corps Air Station Tustin, CA. Prepared for Southwest Division Naval Facilities Engineering Command. October. 1996b. Draft Final Pesticides (and Associated Metals) Investigation Report, Marine Corps Air Station Tustin, CA. Prepared for Southwest Division Naval Facilities Engineering Command. July. 1997. Draft Final Remedial Investigation Report for Operable Units 1 and 2, Marine Corps Air Facility Tustin, CA. November. 2000. Draft Final Feasibility Study Report for Operable Unit 1, Marine Corps Air Facility Tustin. February. 2001a. Final Basewide Environmental Baseline Survey, Marine Corps Air Facility Tustin, CA. Prepared for Southwest Division Naval Facilities Engineering Command. March. 200lb. Final Record of Decision/Remedial Action Plan, Operable Unit-3, Moffett Trenches and Crash Crew Burn Pits Site, Marine Corps Air Station, Tustin, California. December. 2002a. Draft Final Feasibility Study Report Operable Unit 1 B, Marine Corps Air Station Tustin, CA. Prepared for Southwest Division Naval Facilities Engineering Command. October. January. 2002b. Fall 2001 Quarterly Groundwater Monitoring Data Summary, Marine Corps Air Station Tustin, CA. Prepared for Southwest Division Naval Facilities Engineering Command. February. BNI. See Bechtel National, Inc. Burton, E.L. 1991. Department of the Navy. Marine Corps Air Station E1 Toro. Commandant of the Marine Corps. Letter regarding Navy Radon Assessment and Mitigation Program Screening Results. May. City of Tustin. 1998. MCAS Tustin Specific Plan/Reuse Plan Errata. September. DoD. See United States Department of Defense. DON. See United States Department of the Navy. FOSL 3, MCAS Tustin 1 April 2002 Ecology and Environment, Inc. 1991. Asbestos Survey and Assessment, Camp Pendleton, E1 Toro, and Tustin Marine Corps Air Stations, CA - Volume 1. December. GeoRemediation. 1992. Preliminary Endangerment Assessment Report, Parcel C FY- 1 990 New Family Housing Project, Marine Corps Air Station Tustin, CA. Prepared for United States Naval Facilities Engineering. April. IT Corporation. 1988. Asbestos Survey for United states Marine Corps, Marine Corps Air Station Tustin, CA. Asbestos survey data per Harding Lawson Associates. - -. 200la. Final Interim Petroleum Corrective Action Plan, MTBE Groundwater Extraction and Treatment System. May. 2001b. Contaminant Distribution and Transport Modeling Underground Storage Tank Site 1, Marine Corps Air Station, Tustin, CA. November. Jacobs Engineering Group Inc. 1993. MCAS Tustin, Santa Ana, CA, Final Site Inspection Report. March. JEG. See Jacobs Engineering Group, Inc. Kennedy/Jenks Consultants. 1992. Inventory of PCB Items and Equipment at Marine Corps Air Station Tustin. November. Navy Public Works Center, San Diego. 1996. PCB Transformer Laboratory Data Reports, MCAS Tustin. December. PWC. See Navy Public Works Center. OHM Remediation Services Corp. 2000a. Final Technical Memorandum, MTBE Groundwater Extraction/Treatment Technology Evaluation. August. 2000b. Draft Work Plan Addendum, MTBE Groundwater Monitoring/Extraction Well Installation, Revision 3. September. 2001a. Draft Closure Report, Groundwater Remediation at UST Site 105, Revision 1. February. 200lb. Final Work Plan Addendum, MTBE Groundwater Monitoring/Extraction Well Installation, Revision 0. June. Roy F. Weston. 2000. Draft Final Historical Radiological Assessment, Marine Corps Air Facility, Tustin. December. FOSL 3, MCAS Tustm 2 April 2002 2001. Final Historical Radiological Assessment, Marine Corps Air Station, Tustin. Prepared for Southwest Division Naval Facilities Engineering Command. April. United States Department of Defense. 1994. DoD Policies on Asbestos, Lead-Based Paint and Radon at BRAC Properties. Memorandum for Assistant Secretary of the Army (Installations, Logistics, and Environment); Assistant Secretary of the Navy (Installation and Environment); Assistant Secretary of the Air Force (Manpower, Reserve Affairs, Installations, and Environment); and Director, Defense Logistics Agency. From Principal Assistant Deputy Under Secretary of Defense (Environmental Security). October. 1996a. DoD Policy on the Environmental Review Process to Reach a Finding of Suitability to Lease (FOSL). May. 1996b. Base Realignment and Closure (BRAC) Cleanup Plan Guidebook. July. 1997. Base Reuse Implementation Manual (BRIM). December. 1999. Joint DoD Interim Final: Lead -Based Paint Guidelines for Disposal of Department of Defense Residential Real Property - A Field Guide. December. United States Department of Navy. 1989. Letter on Navy Policy for Disposal of Light Ballasts Containing PCBs. 21 November. 1999a. Final Environmental Impact Statement/Environmental Impact Report for Disposal and Reuse of the Marine Corps Air Facility Tustin, CA. In conjunction with the city of Tustin. December. 1999b. Memorandum of Agreement Among the Department of the Navy, California State Historic Preservation Office, and the Advisory Council on Historic Preservation for the Disposal and Reuse of MCAS Tustin. 13 December. 2001. National Environmental Policy Act Record of Decision. March. 2002a. Finding of Suitability to Lease for Carve-Out Areas 1, 2, 3, and 4, Marine Corps Air Station, Tustin, California. February. - - -. 2002b. Finding of Suitability to Transfer for Parcels 23, 29, 34, 35, 36, and Portions of 1, 16, 17, 24, 27, 28, 40, and 41, Marine Corps Air Station, Tustin, California. April. URS. 2001. Draft Marine Corps Air Station E1 Toro and Marine Corps Air Facility Tustin Friable, Accessible, and Damaged (FAD) Asbestos Survey Report. December. FOSL 3, MCAS Tustin 3 April 2002 ATTACHMENT 2 NO FURTHER ACTION REGULATORY CONCURRENCE LETTERS FOR AOCS, USTS, AND ASTS WITHIN CARVE OUT AREAS 5, 6, 7, 8, 9, 10, AND 11 CONCURRENCE $1GNA TURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN MAW- 09, MAW-10, MAW-11, MAW-12, MAW-13, MAW-14, AND MAW-15 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) MAW-09, MAW-10, MAW-11, MAW-12, MAW-13, MAW-14, and MAW-15 at MCAF Tustin, California. I~eith F0i:'man,,-' ' BRAC Environmental Coordinator Nicole Moutoux, U.S. EPA Project Manager Date: Patricia Hannon, RWQCB Project Manager Date: Ca.l'-E PA, DT$C Project Manager Date: CONCURRENCE $1GNA TURE PA GE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN MWA-15 AND UST-89 AT MCAS TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further acti~MWA-15 and UST-89 at MCAS Tustin, California. Keith Forman, ~ BRAC Environmental Coordinator Nicole Moutoux, (~ U.S. EPA Project Manager Date: QBroderick, CB Project Manager Date: C,~ILEPA, DTSC Project Manager Date: CONCURRENCE $1GNA TURE PAGE CONCURRENCE TO REMOVE AREAS OF CONCERN (AOCs) DLF-1, MCD-1 AND TRI[A-D] FROM THE MCAS TUSTIN AOC LIST AT MCAS TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation to remove area of concerns (AOCs) DLF-1, MCD-1 and TRI[A-D] from the MCAS Tustin AOC List at Keith Form,a~.~" BRAC EnV-~o'nmental Coordinator · Date: Nicole M(~utou( U.S. EPA ~ Project Manager Date: (Ooh_~ Broderick, I~NQCB Project Manager Date: PA, DTSC Project Manager Date: CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN ST-35, ST-36, ST-51, ST-72A, ST-88, ST-89, ST-90, AND ST-91 AT MCAS TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) ST-35, ST-36, ST-51, ST-72A, ST-88, ST-89, ST-90, and ST-91 at MCAS.T.~stin, California. BRAC Environmental Coordinator. Date: U.S. EPA~,.J ./ Project Manager Broderick, CB Project Manager Date: Project Manager Date: ~/7-.-z~., / ~ \ CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN ST-18B, ST-19, ST-20A, ST-20B, ST-48, ST-49, ST-50, ST-52, ST-81, ST-86, AND ST-87 AT MCAS TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) ST-18B, ST-19, ST-20A, ST-20B, ST-48, ST-49, ST- 50, ST-52, ST-~81_ST-86, and ST-87 at MCAS Tustin, California. - Date: / K/e it h Formen, BP, AC Environmental Coordinator U.S. EPA F .// · Project Manage.-...j Date: R h~n ~ri~derick--~~ Project Manager Date: Je~ifer Cai:EPA, DTSC Project Manager Date: \- \% -(~ ~ California Regional Water Quality Control Board .......... Sa,n.t,a. Ana .Region , . Winston H. Itickox Internet Address: http://www.swrcb.ca.gov/rwqcb8 Secretary for 3737 Main Street, Suite 500, Riverside, California 92501-3348 ~2nvironmental Phone (909) 782-4130 - FAX (909) 781-6288 Protection Gray Davi~ Governor January 17, 2001 Mr. Keith Forman, 06CC.KF BRAC Environmental Coordinator Naval Facilities Engineering Command, SWDIV 1220 Pacific Highway San Diego, CA 92132-5190 COMMENTS ON ABOVEGROUND STORAGE TANK REMOVAL REPORT, ABOVEGROUND STORAGE TANK SITES 28A, 28B, 183, 273A, 273B, 526, 558A, 558B, AND 568, REVISION 1, FORMER MARINE CORPS AIR FACILITY, TUSTIN Dear Mr. Forman: We have completed our review of the above referenced document dated Dec~i'nber?.., 2000, and received at this office on December 8, 2000. We concur with the. ... recommendation for no further action, with the provision that a correction pag~..!or --' Section 2.5 be submitted for Regional Board staff review and approval. The correct'ion page must include the specific phrasing as written in response to our commen!. 5e." For any questions on this review or related matters, please call me at (909) 782'-.4494. Sincerely, ST._I ~/~Dd~ S ectio n CC: Ms. Jennifer Rich, Department of Toxic Substances Control, OMF Ms. DeAnna Dunbar, Naval Facility Engineering Command, SWDIV Ms. Nicole Moutoux, U.S. EPA, Region IX California Environmental Protection Agency CONCURRENCE $1GNA TURE PA GE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN MAW-07, MAW-08, MAW-16, TOW-03, UST-526A, UST-526B, AND TOW-07 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) MAW-07, MAVV-08, MAW-16, TOW-03, UST-526A, UST-526B, and TOW-07 at MCAF Tustin, California. BRAC Environmental Coordinator Date: U.S. EPA Project Manager Date: l~Broderick, CB Project Manager Date: J efr~ if~r Ric ,~'~ ' C~,F-EPA, DTSC Project Manager Date: CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR IRP SITES IRP-9A AND IRP-gB AND AREAS OF CONCERN ST-40A, ST-40B, ST-40C, ST-43, ST-44, ST-47A, AND ST-47B AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for IRP Sites IRP-gA AND IRP-9B and areas of concern (AOC) ST-40A, ST-40B, _ ST~4, ST-47~, K~th Fo rmCa"n, BRAC Environmental Coordinator and ST-47B at MCAF Tustin, California. Date: Nicole Mouto0~, U.S. EPA Project Manager Date: Project Manager Date: [o o CaF-EPA, DTSC. Project Manager Date' \~-\~- 0 C) California Regional Water Quality Control Board , Santa Aha Region "~ston II. Hickox [nternet Address: http:llwww.swreb.ca.govlrwqeb8 'ecretaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3348 ~vironmental Phone (909) 782-4 i 30 - FAX (909) 781-6288 Protection Gray Davis Governor September 28, 2000 Mr. Keith Forman BRAC Environmental Coordinator Naval Facilities Engineering Command, SWDIV 1220 Pacific Highway San Diego, CA 92132-5190 COMMENTS ON TANK REMOVAL AND SITE CLOSURE REPORT, ABOVEGROUND STORAGE TANKS 169/170, MARINE CORPS AIR FACILITY, TUSTIN Dear Mr. Forman: We have completed our review of the above-referenced document, dated January 29, 1999, which we received on February 24, 1999. We do not have significant comments on this report, and concur with the recommendation for no further action. For any questions on this review or related matters, please call me at (909) 782-4494. Sincerely, ~ /AGT Section CC: Ms. Jennifer Rich, Department of Toxic Substances Control, OMF Ms. DeAnna Dunbar, Naval Facility Engineering Command, SWDIV Ms. Nicole Moutoux, U.S. EPA, Region IX · · ,:_" ..-.. ;~.-. · ... ~/' -_ . :.0 '.o .~. , · . ~. ~).-~ .-. ~ , ~ ,. · · · u~rrED STATES ENVIRONMENTAL PROT£CTION A~ENCY R~61O~ IX 75 Haw~ome Street .. San Francisc,3, CA 9410~ · S~ptcnlh~r 28. 2000 Mr. Keith Forerun, 06CC. KF BRAC Erivirommntal Coordinator Marine Corps Air Facility Tusdn Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway San Diego. CA 92132-5190 Record of Decision, OU-2, No Action Sites and Area~ of Concern, Mm Corps Ah' FacilitT, Tustiu. September, 2000' The United States Environtr~ntal Pro.on-Agency, Region IX (USE.PA) has re~:e.i~e.d and reviewed the Record of Decision for OU-2, No Action Sites and Areas of' Conemm for Tustin Marine Corps Air Facility, September. 2000. The Record of' Decision (ROD) 'mklr~.sses a number of sites and areas of concern where no r~rnedial .a.ction is required to protect hulnau . health and th,: c,lviro,nrl~:It. Since the Marine Corps Air Facility Tustin is not on the National Priorities List, USEPAi does not have a formal concurrence role and will not be signing the ROD. However, the USEPA has been an active participant on the team overaeeiz}g the envirofixr~ntal investigation, testing and evaluation in support of file re. medial work at these sites. The D,:pana~nt of fl~ Navy (DON) lms worked in cooperation.with the State of CalLfon~a D~partnznt of Toxic Sttbstmaces Contr~! and tlz Santa Ann Regional Water Quality Control Board as well as'~ith the: USF.,PA in tile development of alternatives as well aa remedy selection for the. s~ sites. We ther~for~ find th~ .o or~ ~,,~..:,,,, ~o..r'~--: cur requir-.._n~-..-.ts ar~ are. M a~-,'e-z="" '::i:h the mlect~J..,'=w...e,~,, for-. -. · ' tlzse IR sites. We wish to thank the Navy for the opportunity to be involved in the work at the Marine Corps Air Facility Tustim We look forward to w0rkin~ with tlz Navy mad r~gulatory agenL'ie.s in the future to insure a thorough cleanup and safe transfer of all DON property compri.sing the facility. . Sincerely," Daniel A Meet. Clfief · oo Declaration Signature'' Date: Mr. Keith Forman ' Base Rea~9~l~ent~ar~ Cjes~re Environmental Coordinator - i" i~,,.~.-" M/K John E. $candtJ~a, Chief .~buthem California Operations · Office of Military Facilities Oepartrnen! of Toxic Substances Control Mr. ~,~rard Thibeault Executive Officer · Regional Water Quality Control Board, Santa Aha Region Date: ~' o u- 7., ~DN-o't- R~5-O~ o.~,'~h-Z%.. APR 16 2002 11:35 FR S~JDIU MC BRAC 619 5]2 0?80 TO 991858268969? P.Olz06 Date: 07II0/00 DECLARATION SITE NAME AND LOCATION Marine Corps Air Facility (MCAF) Tustin Operable Unit (OU)-2 Installation Restoration Program (IRP) Sites: IRP-2, IRP-9, [RP-13E . Areas of Concern (AOCs): AD-04, AS-06, AS-08, AST-02, AST-04, 1VIDA-04, MDA-07, MMS-01, MWA-03 Orange County, California STATEMENT OF BASIS AND PURPOSE This decision document presents the selected final remedial action for IILP-2, IRP-9, and IRP-13E and AOCs AD-04, AS-06, AS-08, AST-02, AST-04, MDA-04, MDA-07, MMS-01, and MWA-03 at MCAF Tustin in Orange County, California. The remedial action w~ developed in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended by the Supcrfund ,~unendments and Reauthorization Act of 1986 and, to the extent practicable, the National Oil and Hazardous Substances Pollution Contingency Plan. This Record of Decision (ROD)/Remedial Action Plan (RAP) has also been prepared in accordance with Ca!ifomia Health and Safety Code Section 25356.1. This action is based on the administrative record file for tlmse sites/AOCs. The state of California (through the California Environmental Protection Agency Deparlment of Toxic Substances Control [DTSC] and Santa Aha Regional Water Quality Control Board [RWQCB]) and the United States Environ.mental Protection Agency ('U.S. EPA) agree on thc selected remedy. - DESCRIPTION OF THE SELECTED REMEDY: NO ACTION No action is the selected-remedy' for IRP-2, IRP-9, and IR.P-13E and AOCs AD-04, AS-06, AS-08, AST-02, AST-04, MDA-04, MDA-07, MMS-01, and MW.A-03. In selecting the no action remedy for these sites/AOCs, the Department of the Navy 02)ON) has determined that the existing condition of the sites/AOCs is protective of human health and the environment. Removal actions were conducted at MWA-03, IRP-2, [P,.P-gA, and IRP-gB. The Resource Conservation and Recovery Act action at MWA-03 took place in December 1997 and involved the excavation, t,'ansport, and treatment of 285 tons of total petroleum hydrocarbon (T?H)- and polynuc]ear aromatic hydrocarbon (PAH)-contaminated soil using an on-site thermal desorption unit. The non-time-critical removal action of soil at I1LP-2 took place in May 1997. This action involved excavation and treatment of approximately 569 tons of PAil-contaminated soil. A non-time-critical remox, al action was conducted at IRP-gA between l0 July and 04 September 1997 and at IRP-9B between 14 October 1998 and 05 January 1999. The actions at IRP-gA and IRP-gB involved excavation and treatment of approximately 700 and 6,827 tons of TPH- and Fina~ ROD/RAP - OU-2 No Action Sites and Areas of Concern, MCAF Tustin page 1 APR 16 2002 11:36 PR SWDIU MC BRAC 619 552 0780 TO 9918582689677 P.0~/06 Date: 07/10/00 Declaration PAil-contaminated soil, respectively. Human-health risk assessments were performed to evaluate the risks remaining after the removal actions at MWA-03, IRP-02, ]RP-gA, and IR.P-gB. These assessments showed that the postremova] condition at each site/AeC is protective ofhuman health and the environment. Soil and groundwater at each of the sites and AOCs included in this OU-2 ROD/RAP were evaluated and were determined to require no further action due to site-speci~c releases. However, IRP-9, AS-08, MDA-04, and MDA-07 arc located near large volatile organic compound plumes that originate from three OU-1 sites (IRP-3, IRP-12, and IRP-13S). Therefore, groundwater at IRP-9, AS-08, MDA-04, and MDA-07 is being addressed as part of the OU-1 remedial action. The need for groundwater cleanup at IRP-9 and AS-08, MDA-04, and MDA-07 will be evaluated in conjunction with remedial action at OU-1 and will be documented in a separate ROD/RAP. DTSC, RWQCB, and U.S. EPA agree with this approach. No monitoring or deed restrictions are required to address chemicals present in soil and/or groundwater as a result of operations at the no action sites/AOCs. However, use restrictions may be required as part of potential remedial actions associated with 'OU-I. The need for such restrictions will be addressed in the proposed plan and ROD/RAP for OU-1. The property containing n~P-9, AS-08, MDA-04, and MDA-07 will not be transferred until the evaluation of OU-I is complete and remedial action is finalized unless an.early transfer is pursued. Institutional controls are anticipated and will be developed in conjunction with an Environmental Restriction Covenant and Agreement. When the Environmental Restriction Covenant and Agreement is finalized, it will be executed by the state and the federal government contemporaneously with the negotiation and execution of the conveyance of the property to the transferee(s) by deed, pursuant to the Defense Base Closure and Realignment Act of 1990, 10 United States Code Section 2687 note. DECLARATION STATEMENT. The DON has determined that no remedial action is necessary to ensure the protection of human health and the environment at IRP-2, IRP-9, and IRP-13E and AOCs AD-04, AS-06, AS-08, AST-02, AST-04, MDA-04, MDA-07, MMS-01, and MWA-03. This determination was based on extensive field investigations, laboratory analyses, and a thorough assessment of potential human-health risks at each location. Ecological risk assessments were not performed at these sites/AOCs because habitat surveys performed in October and November 1994 and February 1995 showed that there is no suitable wildlife habitat present (BNI 1996i..j). The results of the human-health risk assessments of these sites/AOCs show that the chemicals present at the sites/AOCs do not present an unacceptable risk to human health or the environment. Therefore, no remedial action is required at these sites/AOC$. Because hazardous substances are not present at concentrations above unacceptable levels, CERCLA Section-121 cleanup standards do not apply. page 2 Final ROD/RAP - OU-2 No Action Sites and Areas of Concern, MCAF Tustin 01)/21/00 ID'~7 AM )~ I:~rd_process)n~relx~S~cto141Vc~l~u.[~lln~l12000181a.l~X: CONCURRENCE $1GNA TURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN MWA-1 lA, MWA-1 lB, TOW-10, MWA-24, TOW-15, MWA-25, TOW-X6, AS-3A, AS- 3B, AND AS-3C AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) MWA-1 lA, MWA-1 lB, TOW-10, MWA-24, TOW-15, MWA-25, TOW-X6, AS-3A, AS-3B, and AS-3C at MCAF Tustin, California. BRAC Environmental Coordinator. Nicole Moutou~l U.S. EPA ~J Project Manager Date: Patricia Hannon, RWQCB Project Manager Date: Je~¥ifer Ric~, Ca,EPA, DTSC Project Manager Date: CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN MWA-02, TOW-02, UST-536, MWAo04, TOW-05, UST-509, TOW-21, AND MWA-21 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) MVVA-02, TOVV-02, UST-536, MWA-04, TOW-05, UST-509, TOVY.~.I, and MWA-21 at MCAF Tustin, California. · Keith For~an, ' BRAC Environmental Coordinator- Nicole Mout u~, " U.S. EPA Project Manager Date: Patricia Hannon, RWQCB Project Manager Project Manager Date: Date: CONCURRENCE SIGIVA TURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN ST-5A, ST-12, ST-22, ST-37B, ST-39, ST-42, AND ST-45 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) ST-5A, ST-12, ST-22, ST-37B, ST-39, ST-42, and ST-45 at MCAF Tustin, California. BRAC Environmental Coordinator Date: Project Manager Date: Patricia Hannon, RWQCB Project Manager Date: Jer~ifer Ri~-, - C~a.I~EPA, DTSC Project Manager Date: May 15, 2000 Mr. Keith Forman, 06CC.KF BP, AC Environmental Coordinator Naval Facilities Engineering Command, S1NDIV 1220 Pacific Hwy San Diego CA 92132-5190' ABOVEGROUND STORAGE TANK REMOVAL REPORT FOR ABOVEGROUND STOP, AGE TANK (AST) SITES 27, 28 (28A), 186, 227, S37, 540A, 540B, AND 6159B, MARINE CORPS AIR FACILITY, TUSTIN Dear Mr. Forman:' We have completed our review of the above referenced document dated June 9, 1998 and received at this office on July 23, 1998. According to the report, eight ASTs were inspected for leaks and so~ samples were collected for anfilysis, if evidence of leakage (visable surface staining) was found. Please note that AST 28 in ~e title of the above report is referred to as AST 28A in the text and on the maps. No surface staining was observed around ASTs 27, 28A, 227, 537, 540A, 540B, and 6169B. At AST168 staining was observed near the tank. Two sox samples were collected: one at the surface and one at one foot below the surface. The soil samples were analyzed for total petroleum hydrocarbons (TPH) as diesel and volatile organic compounds..The laboratory analytical results showed Iow concentratio, ns of TPH in the surface sample and'low concentrations of 2-butanone and acetone in the deeper sample. Base on the information in the June 9, 1998 Abov. eqmund .S~toraRe Tank Removal Report For .Above.q.r0. und Storage Tank (Ast). Sites 27, 28, 186,227, 537, 540A, 540B, And 6169B, Marine Corn Air Fac.~. Tustin. and provided it is accurate and representative of the site conditions, we concur with your request for no further action at the following AST sites 27, 28A, 186, 227, 537, 540A, 540B, And 6169B. Mr. Forman - 2 - May 15, 2000 If you should have any questions, please call me at (909) 782-4498. Sincerely, Patricia A. Hannon SLIC/DoD/AGT Section CC; Dept. of Toxic Substances Control - Sharon Fair Naval Facility Engineering Command, SWDIV- DeAnna Dunbar" Orange County Health Care Agency - Quang Tran ' U.S. EPA- Nicole Moutoux California Environmental Protects'on ~4gency CONCURRENCE $1GNA TURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN MWA-07, TOW-08A, TOW-08B, UST-186D, MWA-14, TOW-13, UST-183A, MWA-08, MMS-06, MMS-08, MGR-02, MCD-02, TOW-14, UST-534A, UST-534B, AND UST-534C AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) MWA-07, TOW-08A, TOW-08B, UST-186D, MWA- 14, TOW-13, UST-183A, MWA-08, MMS-06, MMS-08, MGR-02, MCD-02, TOW-14, UST-534A, US]'-5.34'1~, and UST-534C at MCAF Tustin, California. Date: BP, AC Environmental Coordinator Nicole Moutoux, U.S. EPA Project Manager Date: Patricia Hannon, RWQCB Project Manager Date: Majed lbrahim, Cai-EPA, DTSC Project Manager Date: CONCURRENCE S/G/VA TURE PA GE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN ST-13A, ST-13B, ST-18A, ST-26A, ST-34A, ST-46, ST-55, ST-56, ST-60A, AND ST-80 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) ST-13A, ST-13B, ST-18A, ST-26A, ST-34A, ST-46, $T-55, ST-56, ST-60A, and ST-80 at MCAF Tustin, California. /Ke~f~h .~-~-Formal~, Date: z~,//~~/~ BRAC Environmental Coordinator Nicole M o Ut-o/(~i U.S. EPA /J Project Manager Date: Patricia Hannon, RWQCB Project Manager Date: Majed Ibrahim, Cai-EPA, DTSC Project Manager Date: .. 4-/~//~Z) CONCURRENCE $1GNA TURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN ST-7, ST-8, ST-21C, ST-21D, ST-21E, ST-21F, ST-79, AND ST-82 AT MCAF TUSTIN, CALIFORNIA The following members'of the BCT concur with the recommendation for no further action for areas of concern (AOC) ST-7, ST-8, ST-21C, ST-21D, ST-21E, ST-21F, n, California. · BP, AC Envi~nmental Coordinator- Date: Nicole M°Utou~ U.S. EPA Project Manager Date: Patricia Hannon, RWQCB Project Manager M aje(~ Ib~ahim, Cai-EPA, DTSC Project Manager Date: Date: CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN TOW- 18-1, TOW-18-2, TOW-18-3, TOW-18-4, MWA-20 and TOW-X2 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) TOW-18-1, TOW-18-2, TOW-18-3, TOW-18-4, MWA- 20 and ']~OW-X2 at/~AF Tustin, California. Date: Z) · Keith Forman~, BRAC Environmental Coordinator' Nicole Mout°~x/ // U.S. EPA Project Manager Date: Patricia Harmon, RWQCB Project Manager . · Majed ;~-ahi~, -"' Cai-EPA, DTSC Project Manager Date: Date: !~,~ /~~0._ D=~-~= ./I, I999 3347/vfiehelson DH~ Stim 200 Irvine, Callf-omia 92712 Closm~ rtl=orr on MCAF Tustin SFIv~65a . We have rec,4ved your letmr of October ! 8, 1999 r~:NeSting mnfmmtion of?ip~ine dosur= =tivitie~ at MCAF Tusdn_ The 4" on base Jp-5 pip. eline and the 6" ofiba~e Jp-5 pipeline= .(SF'M~653) wer~ both Furg~ and dosed per our requirmment~ and ar~ el:~_~t:ied as 'Om of ROBEKT C~RHAM, sew CONCURRENCE $1GNA TURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN MDA-06, MAE-05, MAE-06, MWA-01, UST-530B, TOVV-X1, and TOW-X8 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concUr with the recommendation for no further action for areas of concern (AOC) MDA-06, MAE-05, MAE-06, MWA-01, UST-530B, TOW-X1, and TOW-~8 at MCAF Tustin, California. BRAC Environmental Coordinator' Date: Nicole Moutou~/ U.S. EPA {~/ Project Manager Date: Patricia Hannon, RWQCB Project Manager Maje~ I b~'h~'m, Cai-EPA, D'.TSC Project Mahager Date: Date: CONCURRENCE SlGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR RCRA-PERMI'~ED HAZARDOUS WASTE STORAGE UNITS KNOWN AS AREAS OF CONCERN STD-01 (BUILDING 248), STD-02 (STORAGE BUNKER 23A), AND STD-03 (STORAGE AREA 567) AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for RCRA-permitted hazardous waste storage units known as areas of concern (AOC) STD-01 (Building 248), STD-02 (Storage Bunker 23A), and STD-03 (Storage Area 567) at MCAF Tustin, California. Date: ~ Kei{h Form BRAC Environmental Coordinator Nicole'Moutc~a~ U.S. EPA C/ ./ Project Manager Date: ~)~ ~ Date: O'C~. /? Patricia Hannon, RWQCB Project Manager M~jed 115~ahim, Cai-EPA, DTSC Project Manager Date: CONCURRENCE $1GNA TURF. PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN MWA- 06, MDA-10, MWA-09, MWA-16, DSD-05, MWA-17, and TOW-22 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) MWA-06, MDA-10, MWA-09, MWA-16, DSD-05, .~,.~F Tustin, California. //~,,~ Date: ~ Keith Formarif', BRAC Environmental Coordinator Nicole Mout~ U.S. EPA U Project Manager Date: Patricia Hannon, RWQCB Project Manager - · Maje~lbrah~, ' Cai-EPA,/DTSC Project Manager Date: ~.)C?,/ Date: h/ //?// ./ CONCURRENCE $1GNA TURE PA GE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN ST-4A, ST-4B, ST-5B, ST-9A, ST-9B, ST-10, ST-11A, ST-11B, ST-17, ST-18C, ST-21A, ST-21B, ST-23, ST-25, ST-26B, ST-27, ST-28A, ST-28B, ST-29, ST-30, ST-31A, ST-31B, ST-33, ST-34B, ST-37A, ST-38A, ST-38B, ST-41A, ST-41B, ST-54, ST-59A, ST-59B, ST-60B, ST-75A, ST-75B, ST-76, AND ST-78 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for areas of concern (AOC) ST-4A, ST-4B, ST-5B, ST-9A, ST-9B, ST-lO, ST-. 11A, ST-11B, ST-17, ST-18C, ST-21A, ST-21B, ST-23, ST-25, ST-26B, ST-27, ST- 28A, ST-28B, ST-29, ST-30, ST-31A, ST-31B, ST-33, ST-34B, ST-37A, ST-38A, ST- 38B, ST-41A, ST-41B, ST-54, ST-59A, ST-59B, ST-60B, ST-75A, ST-75B, ST-76, and ST-78 at MCAF Tustin, California. BRAC Environmental Coordinator Nicole Moutoux,// U.S. EPA ~ Project Manager Date: Patricia Hannon, RWQCB Project Manager Majd,~'~br~him¢'O/ Cai-EPA, DT~C Project Mana{;ler Date: Date: CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREA OF CONCERN ST-83 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for area of..c~ncern (AOC) ST-83 at MCAF Tustin, California. BRAC Environmental Coordinator Date: Nicole Moutou~ // ' U.S. EPA Project Manager Date: Patricia Harmon, RWQCB Project Manager Date: ~"CaI-EPA, DTSC Project Manager Date: RPR 09 2002 11:1~ FR S~JDIU MC BR~C 619 S52 0?80 TO 9918S8~689677P.0S/13 California Regional Water Quali Control Board Santa Aaa Region II 'on H. Hickox Interact Address: ht'tp:llwww.~wrcb.ca.so*,'l*-~'qcb8 · reMryfor y7.,17 Main StrceL, Sultc 500. RJ~rrsidc, California 92501 /ronmeArnl Phone (909) '78241 .t0 · ]:AX (909) ",gl-6288 C,~y DlvJs April 2, 1999 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station El Toro P. O. Box 95001 Santa Ana CA 92709-5001 SUBJECT: CLOSURE OF UNDERGROUND STORAGE TANK (UST) CASE FORMER HOBBY SHOP UST SITE '185 BUILDING 185, PERRY DRIVE, MARINE CORPS AIR FACILITY, TUSTIN CASE NO. 083003431T Dear Mr. Lee: This letter confirms the_comPletion of the site investigation and remedial action which were conducted to mitigate the releases from the underground storage tank formerly located at the above described location. Enclosed is the Case Closure Summary for the referenced site for your records. Five direct-push soil borings were drilled to depths of 21 to 25 feet and soil samples were collected. Soil with a strong hydrocarbon odor was found between 1 to 7 feet below the surface. Soil samples were analyzed for total recoverable petroleum hydrocarbons (TRPH) by EPA Method 418.1, lead by Method 6010A, and volatile organic compounds (VOC) by Method 8240. TRPH and lead were detected in the soil samples. Temporary wells were installed and groundwater samples were collected and analyzed by the same methods as the soil. Minor concentrations of lead, 1, 2-dichioroethene, and trichioroethene were detected in the water samples collected from bodng 185A. Analytical results for the other two samples were non-detect. Petroleum contaminated soil was excavated and transported to the on-site thermal desorption unit. Confirmation soil samples were collected and analyzed for B TEX and MTBE (EPA Method 8020) and total petroleum hydrocarbons (EPA method 801 Sm). California Environtnental Protection Agency APR 09 2002 11:13 FR S~DIU MC BRRC 619 532 0?80 TO 9918582689699 P.06/13 Mr. Lee - 2 - April. 2, 1999 Based on the information provided in the May 8, 1998 Tank Closure Report for Former UST_ S_ite. 185_, and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the underground storage tank release is required. This notice is issued pursuant to a regulation contained in Title 23, California Code of Regulations, Division 3, Chapter 16, Section 2721 (e). Please telephone Patdcia Hannon regarding this matter. at (909) 782-4498 if you have any questions Sincerely, Gerard J. Thibeault Fxecutive Officer Attachement: Case Closure Summary cc w/attachment: Dept. of Toxic Substances Control- Juan .Jimenez v~N CAF Tustin - Officer-in-Charge aval Facility Engineering Command, SWDIV - Jose Payne. State Water Resources Control Board, CWP - John Adams. U.S. EPA, Region IX- Nicole Moutoux IT Corporation- Marcus Smith California Environmental l~rotection Agency mi __ __j I APR 09 2002 11:13 FR S~DIU MC BRAC 619 532 0?80 TO 99185826896?? P.O?~13 CASE CLOSURE SUMMARY Leaking Underground Fuel Tank Program I [gency Information DATE: April 2. 1999 AGENCY NAME California Regional Water Q~N~ Control Board - Santa Ama STAFF Palrida Hannon ~ni..e:g. on _. . , , 'DDRESS 3737 Main SL Suite 500 TITLE .A. ssooate Engineering Geolo~jist _:TY/STATEi ZIP Riverside CA 92501-3339._. PHONE (909) 782-4498. main # 782-4130 .~ase Information ol'l-E NAME Former Hobby Shop UST site 185 I OCATION Building 185, Pe .,m.y Drive. Marine Corps Air. Facility, Tustln ......... EGIONAL BOARD CASE # I ............... J LOCAL AGENCY CASE # I . , RESPONSIBLE PARTIES ADDRESS PHONE NUMBER _. iarine Corps Air Station El Toro P.O. Box 95001 3ntact: Wayne D. Lee Sa-~t~ Ama, CA 92709-5001 · ., . .... .r ~ 'n ' ' ' , ..... -" """ '- TANK NO. SIZE IN GALLONS CONTENTS CLOSED IN PLACE/REM. O...VED DATE ,.._ . · 58 750 waste oil removed 1993 ~ .. , Release and Site Characterization Information · ' · ... d. m, - ;, -- "JSTALLED? (te.mporar',/wells) ; INTERVAL? ' ... _iEEPEST GW DEPTH J na 1 .SHALLOWEST GW D.E.PTH I 12.,fee.t. ,.GROUNDWATER, MOSTSENS,ITIVE CURRENT USE: J m. unicipa.! 1 GW FL0WDI,RECT1ON I SSE .~,NKING wATER WELL(S)AFFECTED? '! no I'.AQUIFER NAME '15 SURFACE WATER.AFFECTED? ] no .. I NEAREST/AFFECTED SW NAME --' ~'FF-SITE BENEFICIAL USE IMPACTS (ADORESSES/LOCATIONiS): 1 none .... ~- EPORT(S).ON FIL. E? '1 ..yes [ WHER...E.IS/ARE REPORT(S)FILED? ;i{ R.:W.:O.C.B.- Santa Ana._Region TREATMENT AND DISPOSAL OF AFFECTED MATERIAL .. , ATERIAL . . AM~UI':T ! ~,C'.TIOt'i ,rT.~'.~ATM. E. NT, DI.':;PosAL'I/ DESTINATION D_ATE , ANK/PIPING 1 concrete UST not available 1993 . . . · . . FREE PRODUCT none GROUNDWATER . Ca~e CIo~ure Summary Former Hobby Shop UST Site 185, Buildin9 185, Perry Drive, Marine Corps Air Facility, Tustin Date: April 2. 1999 Case No. 083003431 · Release and Site Characterization Information (Continued) .= -, ~. ,,,~... · _ ~ _ ._ ~ _ .L .. _ .... · .... . ~ .: ,. . . Maximum Document Contaminant C~ncentration - Before and After Cleanup CONTAMINANT SOIL (mil/kg) WATER (mg/L) IN CURRENT INITIAL CURRENT ITIAL (soil borings) BENZENE ND TOLUENE ND ETHYLBENZENE ND XYLENE ND MTBE NA LEAD 8.9 (5 fL) ACETONE 0.1 1,2 DICHLOROETHENE ND TRICHLOROETHENE [ ND TPH NA TPH (418.1) . 13_.00 _ _ ND ND NA ND ND NA ND ND NA ND ND NA ND NA NA NA 0.0041 NA NA ND NA 1 NA 0.0068 ~NA NA I 0.0065 ]i NA 340 1.8 NA :FA ND NA COMMENTS REGARDING INVESTIGATION AND REMEDIATION Five direct-push soil borings were drilled to depth of 21 to 25 feet and soil samples were collected. Soil with a strong hydrocarbon odor found between I to 7 feet below the surface. Soil samples were analyzed for total recoverab!e petroleum hydrocarbons (TRPH) by EPA Method 418.1, lead by Method 6010A. and volatile organic compounds (VOC) by Method 8240. TRPH and lead were detected the soil samples. Temporary wells were installed and groundwater samples were collected and analyzed Dy the same methods as me soil. Minor concentrations of leacl, 1,2- 'ichloroethene, and trichloroethene were detected in the water sample collected from boring 185A. Analytical results ,'or the other two samples were non-detect. Petroleum contaminated soil was excavated and transported to the on-site thermal desorption unit. Confitrnation soil samples were collected and analyzed for and BTEX and MTBE (EPA method 8020) and total petroleum hydrocarbons (EPA method 8015m) Base on the information receivecl in the May 8, 1998 Tank Closure Report for Former_U_ST Site~185, this site is recommended for closure. IV. Closure DOES COMPLETED CORRECTIVE ACTION PROTECT EXISTING BENEFICIAL USES yes PER REGIONAL BOARD BASIN PLAN? · -- ,,1 , _ _ DOES COMPLETED CORRECTIVE ACTION PROTECT POTENT/AL BENEFICIAL USES ;yes _..PE_.R. THE REGIONAl. BOARD BASIN PLAN? , , ~ .. MONITORING WELLS yes INUMBER 3 NUMBER i0 DECOMMIS.S.I.ONED . DECOMMISSIONED RETAINED i LIST ENFORCEMENT ACTIONS TAI'~N none ......... LIST ENFORCEMENT ACTIONS RESCINDED none -- ' ~'J, ', ' ' ,, ,, ~ i m L ~ , , = · ' ,' · · =" V. Regional Board Representative Data ~- I1[ i' i i I I ............ , STAFF Patricia Hannon TITLE Associate Engineering Geologist ~UPERVIS .OR Michael Adackapara . . TITLE Senior WRC Engineer .... California Regional Water Quality- Control Board Santa Ana Region w,, ~,... rhcn~ (~J ?12alJO, FA~ t~9) 781.6288 September 18, 1998 Mr. Wayne D. Lee Assistant Chief of Staff Environment & Safety MCAS EL Toro P. O. Box 95000 Santa Ana', CA 92709-5001 SUBJECT: CLOSURE OF UNDERGROUND STORAGE TANK (UST) CASE UST 31TE 900, MARINE CORPS AIR FACILITY TU,STIN CASE NO, 083003208T Dear Mr, Lee' This laP, er confirms the completion of the site investigation of releases from the underground storage tank formedy located at the above described location, Enclosed Is the Case Closure Sumnlary for the referenced site for your records. The UST was removed in 1993. Between November 1995 and January 1996, eleven cl;r~.'::: push borings were drilled and 29 soil samples were collected between 5 and 16 feet ;:.:;. grade. Soil samples were analyzed for total petroleum hydrocarbons (TPH) as diese!. ' BTEX and halogenated compounds. The highest concentration of TPH diesel was dete;:' .. a soil sample collected et 10.5 feet below grade from soil boring 300-HP-I. TPH detected In the sample collected at 21.5 feet below grade from the same soil and halogenated compounds were not detected in any of the soil samples. Groundwater samples were collected from two of the direct-push soil borings (A -:,nd water samples were collected from soil boring A. Ail the water samples were TPH as die=el, two were analyzed for halogenated hydrocarbons (EPA 8240) and one sam...:;'. was analyzed for BTEX (EPA 8020). Low concentrations of methylene chloride and were detected in only one of the water samples collected. Based on the available information, including the current land use, and with the prov'isic'; :,. :. the infarmation provided to this agency in ll~e March 20, lg98 Site A. sse~smen~Closuc~ ,Re_pg~__fa~ UST Site ~0Q, Mar~e Cqr~o AI.r Fac!li~ Tustlq was accurate and representative of site conditions, no further action related to the urlderground storage tank release is required. California Enviranmcntal Protection ~--- - ...... ;- · L APR 09 2002 11:1~ FR S~DIU MC BRAC 619 5~2 0?80 TO 99185826896?? P.02/i~ Mr. Lee - 2- September 18,1998 This notice is issued pursuant to a regulation contained in Title 23, California Code ' Regulations, Division 3, Chapter 16, Section 2721 (e). Please telephone Patricia Harmon at (909)782-4498 if you have any questions regarding this matter. Sincerely, -?,c~- ~ Gerard J. Thibeault Executive Officer Attachment: Case Closure Summary cc w/attachment: Dept. of Toxic Substances Control - Juan Jimenez OHM Remediation Services Corp.- Marcus Smith Orange County Health Care Agency - Arghavan Rashidi-Fard Naval Facility Engineering Command, SWDIV- Jose Payne Naval Facility Engineering Command, SWDIV- Andy Harrison MCAF Tustin - Officer-in-Charge SWRCB, Clean Water Programs - John Adams U.S. EPA, Region IX- Nicole Moutoux APR 09 2002 11:13 FR SWDIU MC BRAC 619 532 0?80 TO 9'9185826896?? P.03/13 CASE CLOSURE SUMMARY Leaking Underground Fuel Tank Program Agency Information DATE: 9/; B/98 ~ . -- . . .. l. J _ i~ . Jl J . . 1ll AGENCY NAME JRegCallf°mla Regional Waler Quality Conb'ol Board - Santa Aha STAFF Patricia Harmon .. ___ion.. _ _. ~,D~RESS j 3737 Main SI. Suite 500 , 'TITLE AS$oclato Englneer~r,; Geologist ~IT.Y,~,STA. TE! ZIP Riverside CA 92501-3339 PHONE J (909) 782-4498. ma~- -'- 7824130 · Case Information SITE NAME MCAF Tustin, UST Site 300 '.OCATION Building 300 :~EGIONAL BOARD CASE # J 08300320BT RESPONSIBLE PARTIES JSMCAS El Toro ;ontact: Wayne D. Lee Assistant Chief of Staff Environment and Safety ADDRESS J LOCAL AGENCY CASE # P.O. Box 95000, Santa Aha, CA 92709-5000 j NA PHONE NUMBER 7000 dlesel/fuel oil removed J DATE J DATE APPROVED BY AGENCY 993 · Release and Site Characterization Information CAUSE AND TYPE OF RELEASE: J tank, Pipin~ ~ITE CHARACTERIZATION COMPLETE? J yes ,14ONITORING WELLS INSTALLED? J n'o... J NUMBER DEEPEST GW DEPTH J NA J 08/28/98 _ j PROPER SCREEN INTERVAL? SHALLOWEST GW DEP{H J "'9 feet '~ROUNDWATER, MOST SENSITIVE CURRENT USE:. J municipal ] GW FLOW DIRECTION J so<~theast DRINKING WATER WELL(S) AFFECTED? no AQUIFER NAME irvine Forebay Pressu. re '$ SURFACE WATER AFFECTED? no NEAREST/AFFECTED SW NAME __)FF-SITE BENEFICIAL USE. IMPACTS (ADDRESSES/LOCATIONS): I none REPORT(S) ONJ,yesJWHEREIS/AREREPORT(S)IR'W'Q'C'B"SantaAnaRog')°n.'ILE? FILED? · .-....i .... i .. . ..11.. ..... - . .. _ _ .'REATMENT AND DISPOSAL OF AFFECTED MATERIAL MATERIAL AMOUNT ACTION (TREATMENT, DISPOSAL)/DESTINATION DATE 'ANK/PIPING 1 unknown ',' 993 FREE PRODUCT ]DJL J _ ~ROUNDWATER ~$e Closure Summary 'T Site 300, MCAF, Tustin Date: glls/g8 Ca.~e No.: 083003208T II. Release.and Site Characterization Information (Continued) Maximum Document Contaminant Concentration. Before and After Clea. n.u.p . . _ ..... CONTAMINANT SOIL (rog!kg) WATER (m.,g._/L) ..... INITIAL I CURRENT iNITIAL CURRENT ._ M , BENZENE NA ND iNA ND . TOLUENE NA ND NA_ ND .... _ ETHYLBENZENE NA ND NA ND · XYLENE NA ND NA ND MTBE NA NA iNA N_A. HALOGENATED NA ND NA methylene chloride = COMPOUNDS 0.01 1 TPH- D NA 2100 at 16.5 ft. and NA 6.2 ND at 21.5 ft ...... LEAD NA 9.8 at 10 ft. NA ND COMMENTS REGARDING INVESTIGATION AND REMEDIATION 'l;he [JST was ~emoved In 1993. BetWeen November 1995 and January 1996 eleven push borings were drilled and 29 soil samples were collected between 5 and 15 feet below grade. Soil samples were analyzed for total pe[roleum hydrocarbons (TPH) as Mfesel, lead, BTEX and halogenated compounds. The highest concentration of TPH diesel was sam[ g g .'.ollec~ed at 21.5 feet below grade from this soil boring. BTEX and halogenated compounds were not detec!ed in any of the soil samples collected. " Groundwater samples were collected from two of the direct-push soil borings (A and K1. Two water samples were collected from soil boring A. Al! the water samples were analyzed for TPH as diesel, two were analyzed for halogenated hydrocarbons (EPA 8240) and one sample was analyzed for BTEX (EPA 8020). Low concentrations of methylene chloride and diesel were detected in only one of the water samples collected. _ Base on the information received, this case Is recommended for closure. ii i ;l _ LL i I I i I m i ~ ' . .... -- -- i ii-- -- IV~ Closure ' D°Es'~)MpLETED coRREcTIVE ACTi01~'PR-(::;TECT E/x'ISTING BENEFICI,~,L UsE's' I yes PER REGIONAL BOARD BASIN PLAN? DOES COMPLETED CORRECTIVE ACTION PROTECT POTENTIAL BENEFICIAL 1 yes USES PER THE REGIONAL BOARD BASIN PLAN? ... MONITORING WELLS DECOMMISSIONED I NUMBER DECOMMISSIONED I N_A 1 NUMBER RETAINED LIST ENFORCEMENT ACTIONS TAKEN 1 none LISZT ENFORCEMENT ACTIONS RESCINDED . .none . ' . I' . --- ± _ _ _-_-_- : .... ~ .: ......'- - ~ --% ~ V. Regional Board Representative Data STAFF Patricia Hannon TITLE Associate Engine.ering Geologist_ SIGNATURE ~"~ DATE ?//~ / ~/% SUPERVIs6'R ~--,-'-Michael Adackapara TITLE Senior WRC Engineer -fA,,/. /, ~ . , CONCURRENCE $1GNA TURE PA (3E CONCURRENCE VVITH NO FURTHER ACTION FOR AREA OF CONCERN ST-61 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendafJon for no further action for area of concern (AOC) ST-61 at MCAF Tustin, California. Andy H ~Ti~s°~,- BP, AC Environmental Coordinator Date: U.Si EPA ~' Project Manager Date: Patdcia Harmon, RWQCB Project Manager Date: '7/~'/~ ~"CaI-EPA,"DT.$C Project Manager Date: ...... 3ua a~ 'sS ~n': 54Pn .... CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREA OF CONCERN AMRRT-1 AT MCAF TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for area of concern (AOC) AMRRT-1 at MCAF Tustin, California. Andy Haf~is~n~ BRAC Environmental Coordinator Date: Project Manager Date: Patricia Hann0n, RWQCB Project Manager Date: I-EP/~-'DTSC Project Manager Date: APR 09 2002 11:1~ FR SWDIU MC BRAC ter M. Rooney V.'c:c~ary for 'onmentM 619 532 078~ TO 9918S82689677 P.09×13 California Regional Water Quality Control Board Santa Aha Region imm, I II Interact Address: ht~p://www.sw(cb.~a, lav 3737 M.nin Street, Suit~ $00, KivcrsJd¢, California, 92501-33'49 Phone (909) 782-4130 · FAX (g09) ?i!1-6288 Pete Wilson June 17, 1998 Mr. Andy Harrison BILa. C Environmental Coordinator Naval Facility Engineering Command, Southwest Division 1220 Pacific Highway San Diego, CA 92132-5190 SITE ASSESSMENT REPORT/CLOSURE REPORT, UNDERGROUND STORAGE TANK l UST) SITE 47, MARINE CORPS AIR FACILITY TUSTIN USTIS CASE # 08300~t52T Dear Mr. Harrison: This letter confirms the completion of the site investigation and remedial action which was completed to mitigate the releases from the underground storage rank formerly located at the above described location. Enclosed is the Case Closure Summary for the referenced site for your records. Prior to the removal of the underground storage tank, seven direct push soil borings were drilled. Twenty-six soil samples were collected at depths ranging from 7 to 22 feet below ground surface. Soil samples were analyzed for total petroleum hydrocarbon (TPI-I) diesel. The highest concentration of TPH diesel (6500 rog/kg) was detected at 7 feet below the surface at sample location 47-HP-3. The residual water in the UST was sampled and found to contain TPH diesel at 16,000 milligrams/liter (mg/1), unknown TPH at 110 rog/l, acetone at 190 micrograms/liter (rog,q), methyl ethyl ketone at 48 rog/l, methylene chloride at 1.3 rog/l, benzene at 160 rog/l; toluene at 150 rog/l, ethylbenzene at 19 rng/1, and xylene at 13 0 mg/l. The 800 gallon UST was excavated and hauled off-site for disposal. Approximately 1,270 tons of contaminated soil were removed from the excavation and treated on-site with a thermal desorption unit. Groundwater was em:ountered at 15 feet. Foucteen confi~'mation soil su,alples were collected at depths ranging from 15 to 22 feet below grotmd surface. One water sample was collected from the excavation and analyzed by EPA method 8260A and only acetone at 34 mg/L was detected. Groundwater was pumped from the excavation into a Baker tank. The stored water was sent to the on-site water treatment system for treatment. Based on the information provided in the Site Assessment Report/Closure R. eport. Undererotmd Stora.~.e Ta.,~ Site 47. Marine Corps Air Facility Tustin dated February 23, 1998 and with the provision that the in~brmation provided to this agency ,,vas accurate and representative of site conditions, no further action related to the underground storage tank release at Site 47 is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721 (e) of the California Code of Regulations. California Environmental Protection Agency ~PR 09 200~ 11:1~ FR S~DIU MC BRAC 619 532 0?80 TO 9918S8~689677 P.10/13 · Mr. Harrison - 2 - June 17, 1998 If you should have any questions regarding this matter, please contact Patricia Harmon at (909) 782- 4498. Sincerely, Oerard J. Thibeault Executive Officer Attachment: Case Closure Summary cc w/attachment: Dept. of Toxic Substances Control- Juan Jimcnez Naval Facility Engineering Command, Southwest Division - Mr. Jose Payne Orange County Health Care Agency - Mr. Bill Diekman State Water Resources Control Board, Division of Clema Water Programs - Mr. John Adams U. S.- EPA, Region IX- Ms. Nicole Moutoux Enclosure California Environmental Protection Wgency APR 09 2002 11:1~ FR SI~DIU MC BRAC 619 5_,2 0980 TO 99185826896?? P 11/1~ CASE CLOSURE SUMMARY Leaking Underground Fuel Tank Program tgency Information DATE: JUN i 5 i~18 · GENCY N~,M]~" California Re' isnal Water Quality STAFF Patri¢ia Ha~n°n L Control Board - Santa Aha Region DDR~SS 3737 Main St.' S'~ite 50~' TITLE Associate Engineering Geologist _ {TWSTATE/ZIP Riverside CA 92'50i-3339 PHONE "'(909) 782-4498, main//782-4130 .... , · ! I1 [ .. . Case Information 'l-,~e,~ ',.~ ........ .. ..,. ...... o~TE NAME MCAS limlmo, UST Site #47 LOCATION ~ Building #47 ~GIONAL BOARD CASE # ~u?.SPONSIBLE PARTIES 'X.4arine Corps Air Facility. Tustin ntacl: Andy Harrison 083003152T kNK NO. isiz~-I~ GALLONS , 800 .... _ LOCAL AGENCY CASE # [ ua ADDRESS Naval Facility Engineering Coms~and, Southwest Division 1220 Pacific Highway San Diego, CA 92132-5190 CONTENTS } CLOSED IN PLACI~fREMO~V~D ' di?sei[ removed PHONE NUMBER (619) 532-415~ ' DATE 03/21/97 ...... == -~- --:7-- Release and Site Characterization Information A'U'S-~'~ND TYPE OF KELEASE: YE CI-LAILACTERIZATION OMPLETE? IONITORINO WELLS INSTALLED? :.EPEST GW DEPTH ! NA a,{OLrNDWATER, MOST SENSITI~E -'URR.ENT USE: LINKING WATER WELL(S) ',,:FECTED? SURFACE WATER AFFECTED? :F-SITE BENEFICIAL USE IMPACTS .~D DR. ES SES/LOCATIONS): [ unknown, UST or piping [yes [ DATE APPROVED BY AGENCY 04/03/98 no I NUMBER I 1, PROPER SCREEN INTERVAL? l { SHALLOWEST GW DEPTH { approximately 15 feet municipal { GW FLOW DIRECTION [ AQUIFER NAME Ino south I h'vine Pressure I NEAREST/AFFECTED SW NAME none ~,EPORT(S) ON [ yes ] WHERE IS/ARE R.W.Q.C.B. - Santa Aha Region ZE'? [ ] REPORT(S) FILED? t R.EATM. ENT AND DISPOSAL OF AFFECTED MATERIAL ~ 4TE PdAL AMOUNT ACTION (TREATMENT, D {S POS AL)/ DATE DESTINATION 0~/, 1/97 ^NK/PIPING 1 UST and Taken to Erickson, Inc. ~ ~ piping £E PRODUCT none ,OIL 1270 tons treated on-site with thermal desorption unit March -April 1997 :°,OUNDWATER -20,000 gallons Treated in on-site water treatment system and later used for dust control or discharged under penn_it . April 1997 ~ · APR 0'3 2882 11:14 FR SQDIU MC BRAC 619 532 8788 TO '391858268967? P.12×13 Case Closure Summary Site Name: MCAF Tustin, UST Site 47 Date: .llg&I s .~ :oq~ Case #:' 083003152T Release and Site Characterization Information (Continued) tV~'aximu~n Document Contaminant Conce'ntration - Be~'ore and After Cleanup CONTAMINANT SOIL (rog/kg) INITIAL CURRENT BENZENE ND ND NA TOLUENE ND ND NA ETHYLBENZENE 0.17 (12 ft.) ND NA XYLENE , 0.26 (12 ft.) ND NA MTBE INA NA NA 'rPH } " ' ND TPH- D [ 9000 (12 ft.) 900 NA ACETONE __1 0.2 (12 ft.) ND NA NA = not available, ND = not detected above the detection limit. COMMENTS KEG,~LDING INVE§~'IGATI-ON ,,\fqD-REMEDI~TISN --' -- WATER INITIAL (lag/L) CURR~NT ND ND ND ND NA NA 34 Prior to the removal of the underground storage tank, sev'en direct push soil borings were drilled. Twenty-six soil samples were collected at depths ranging from 7 to 22 feet below ground surface. Soil samples were analyzed tbr TPH dicsoi. The highest concentration of TPH diesel (6500 rog/kg) was detected at 7 feet below the surface at sample location 47-HP-3. Thc residual water in the UST was sampled ,'md found to contain ]'PI'{ diesel at 16,000 rog/L, unknown TPH at 110 rog/L, acetone at 190 lag/L, methyl ethyl ketone at 48 lag/L, methylene chloride at 1.3 lag;L, benzene at 160 gg/L, toluene at 150 ~ag/L, ethylbenzene at 19 I.:g/L, and xylene at 130 ~g/L. ,'he 800 gallon UST was excavated and hauled off-site for disposal. Approximately 1,270 tons of contaminated soil ,,',ere removed from the excavation and treated on-site with a thermal desorption unit. Groundwater was encountered at 15 feet. The final extent of the excavation was approximately 50 feet by 80 feet by 18 feet deep. Fourteen confirmation soil samples were collected at depths ranging from 15 to 22 feet below ground surface. One water sample was collected from the excavation and analyzed by EPA method 8260A and only acetone at 34 gg/'L was detected. Groundwater was pumped from the excavation into a Baker tank. The stored water was sent to the, on-site water treatment system for treaanent. Base on the information provided in the Site Assessment/Closure Report for Underground Storaze Tank Site 47 at Marine Cor~s Air Facility El Toro dated February. 23, 1998 and received at this office on Maxeh 2, 1998, no fitrther action related to the UST release at Site 47 is recommended. APR 09 2002 11:14 FR $~IDIU MC BRAC :me Closure Summary Name: MCAF Tustin, UST Site 47 619 532 0?80 TO 99185826896?? P. 1~/13 Ca~e #: 083003152T Closure , JE~' COMPLE'H~D cORI~CTIVE A~:~"~'0N I~K0:I'~:T ~rI, YG BENEPICIAL i Yes USES PER ~GIONAL BO~ BAS~ PL~? ~ DES CO~LETED CO~~TIVE~CTION PRO.CT ~O~EArfI~L BENEFIC~L [ yes I ;ESPERT~~GIONALBOA~BAS~PLAN9 [ __ MONITO~NO WELLS [ N~ER Inone N~BER F ECOM~S SIONED DECO--IS S IONED RET~ED ~ ST ENFORCEMENT ACTIONS T~N ~ none LIST ENFORCE~NT ACT1ONS ~SCINDED [ none nolle · regional Board Representative Data STAFF ' . Patricia H.~n® " ~. ,i~[TLE., Associate Engineering O¢~16gist - F DA-T ' L Illl I I .. __ - Ir ior WRC Engineer {~PERVI{OR Michael Adackapara ~ _ TI~E [ ~/~~ ~ ~!~X~~ .:"~a~~/~,.' DATE , . _.~ .... [. Additional Comments, Data etc. _ . .... ,.__~ .... . - . ,. MAR 12 2002 14:57 FR SWDIU MC BRAC 619 532 0780 TO 9918582689677 P.02~02 STATE OF CALIFORNIA--CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON. CAUFORNIA REGIONAL. WA'~P-R QUAI. J]"Y CONTROL BOARD ,"'""ANTA ANA REGION ? MAIN STREET, SUITE 500 ,f'ERSlDE, CA 92501-3339 PHONE: (909) 782-4130 FAX: (909) 781.6288 January 21, 1998 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station E! Toro P.O. Box 95001 Santa Ana, CA 92709-5001 SITE ASSESSMENT/CLOSURE LETTER REPORT, UST,?iTE 66, MARINE CORPS AIR FACILITY TUSTIN Dear Mr. Lee: This letter confirms the completion of site investigations and remedial actions for UST Site 66 MCAF Tustin. Based on the information provided in the Site Assessment/Closure ~etter Report UST Site66. Maride CorDs Air Station Tustin dated 1/2/98 and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the UST release site 66 is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. i¢ you have any questions regarding this matter, please contact Lawrence Vitale at (909) 782-4998. ' ' Sincerely, ; ' j/' ',~: ~'!. ?.' / ~\,'. .'-,i - -,.-, ..._ '.V,.' ( Ger,~r.d J. Thibeault Executive Officer CC: LT. Hope Katcharian, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health'Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs V.,~ONMENT & SRFETY ID'71~7266586 3AN 12'g8 12'08 No.O01 P.03 ~TE OF CALIFORNIA-'"'CALII~ORNIA ENVIRONMENTAL PROTECTION AGEHCY PETE WILSON. L. ~UFORNIA REGIONAL WATER QUALFrY CONTROL BOARD SANTA ANA REGION "17 MAIN STREET. SUITE 500 'ERglDE. CA 92501-3339 ONE: (DOg) 702.4130 F/~: iai) 7a1.~286 ?f" . January 7, 1998 Commanding Officer Attn: Mr. Wayne Lee 1AU ";';- MCAS El Toro, Envir. & Safety ':. P.O. BOx 95001 '. · Santa Aha, CA 92709-5001 · UST SiTE 58, MARINE CORPS AIR FACILITY TUSTIN · Dear Sir: ": We I~ave completed, our review of the _SI.t_e Assessment/Closure Lette_r Ra_~ort. _l. Jr-lcler_~round Storage 'rani< -q/tm B,q, dated October 23, 1997, which we received on December 15, 1997, We do not have significant comments on and concur with recommendations in this r0port." The report indicates that no unauthorized release from an underground storage tank was.discovered at this site, therefore, no further action is required. For any questions on this review, pleas'e call John Broderick at (909) 782-4494. Sincerely, ' Lawrence Vitale DoD Program CC: OIC, At[n: CapTain George Opriu Mr. Glenn Klstner, U.S. Environmental Protection Agency,' Region g Mr. Ronaid Okuda, Department of 'l'oxic Substances Control, Office of Military Facilities Ms. Laura Duchnak, N. AVFACENGCOM SWDiV 01/2.1/1998 88: OB 909-GSGS113 RWQCB-8, RIVERSIDE CONCURRENCE SIQNA TURE PA (;E CONCURRENCE WrTH NO FURTHER ACTION FOR AREA OF CONCERN DSD-O{I AT MCAF TUSTIN, CALIFORNIA The fc)lloWlng memDem of the BO'I' concur wtth tile rooommendatlon for no further motion for area of concern (ACC) DSD-06 at MCAF Tual:Jn, BRAC Environmental Coordinator ~ Data: ~. _ ~ ~T= ~_~ .~_..~~ U.8. EPA Project Manager RWQCB Project Mmnag~' Dat.: Cai-EPA, DTSC ProJeol Manager Date: sr.~;'E OF CAI..IFOR,'IIA--C.,ALIFOR;ilA Ir,"ivIRONMENTAL PROTECTIOH AGE,'ICY PETE ~'/:LSQt4 C_~=v.~-. , ~-ALJFORNIA REGIONAL WA'I i:R QUAUTY COI'FFROL BOARD ANTA ANA REGIOH ,.'37' MAIN STREET. SUITE 500 RIVERSIDE. CA 92501-3339 -lONE: (90g) 782..4130 .X: (909) 781-628.8 November 21, 1997 Mr. Wayne D. Lee Assistant Chief of Staff Environmental and Safety Marine Corps Air Station El Toro P.©. Box 95001 Santa Aha, CA 92709-5001 CASE CLOSURE FORMER UNDERGROUND STORAGE TANK SITE 171; MARINE CORPS AIR FACILITY TUSTIN '- Dear Mr. Lee: This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank site. Based on the information provided in the Sit.e Assessment/Closure Reood, UST. Site 171 dated 10/17/97 and with the provision that the information provided to this agency was accurate and representatiye of site conditions, no further action related to the underground storage tank release is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 18, Section 2721(e) of the California Code of Regulations. if you have any questions, regarding this ma['ter, please contact Lawrence Vitale at (909) 782-4998. Sincerely, Gerard J. Thibeaul~ Executive Officer CC: LT Hope Ka.',charian, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board Water Programs , DivisiTn of Clean STATE OF CALIFORNIA---CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 3737 MAIN STREET, SUITE 500 RIVER~;~DE, CA 92501-3339 .HONE: (909) 782-4130 AX: (909) 781-6288 November 18, 1997 Mr. Wayne D. Lee Assistant Chief of Staff Environmental and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Aha, CA 92709-5001 CASE CLOSURE FORMER UNDERGROUND STORAGE TANK SITE 26, MARINE CORPS AIR FACILITY TUSTIN I' Dear Mr. Lee: This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank site. Based on the information provided in the Site Assessment/Closure Report, UST.-Site 26 dated 10/10/97 and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the underground storage tank release is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. If you have any questions, regarding this matter, please contact Lawr. ence Vitale at (909) 782-4998. Sincerely, Gerard J. Thibeault Executive Officer CC: LT Hope Katcharian, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs It RONMENT ~ S~FETY ID'71~7266586 ~' ' ~T._.E_OF 'CALIFORNIA,--CAL, IFOI=,HIA .ENVINONMErlTAL PROTECl ION_~AG_E_N.._C.Y. ~ __ kLIFORNIA REGIONAL WATER QUAMI'~ CONTROL BOARD ~,NTA ANA REGION 7 MAIN STREET, SUITE 500 E. RSlOE. CA 9ZS01-333g lONE: (90g) 7a2-4530 r~X: (90a) 781-6208 OCT 21 ' 97 October 15, 1997 Mr. Wayne D. Lee Assistant 'Chief of Staff Environ, nent and Safety Marine Corps Air Station E! Toro P.O. Box 95001 Santa Aha. CA 92709-5001 CASE CLOSURE, FORMER UNDERGROUND STORAGE TANK SITE C-5. MARINE CORPS AIR FACILITY TUSTIN .. Dear Mr. Lee: ; .. .. This letter confirms the completion of site investigations and remedial 'actions for underground storage' tank site C-5. Based on the Information provided in the ~,5.,~o.~~0rt Un_dergL~.u..nd Storage Tank Site C-_5_ dated 8/1/97 and with the provision that the Information provided to this agency was accurate and representative of 'site conditions; no further action related to the underground storage tank release is required· ' ' This no[ice is issued pursuant to a regulation contained in Title 23, Division 3; Chapter 16, Section 2721(e) of the California Cc;de of Regulations. · If you have any questions regarding this matter, pleese contact Lawrence Vitale at (909) 78::)-4998. .. Sincerely,.,. ~/ Gerard J. Thibeault Executive Officer cc: LT. Hope Katcharlan, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs NUIRONMENT & SRFETY ID'?1~7266556 RUG !5'S? ?'dU No.uuo M.ua STATE OF CALIFORNIA--CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ;~ RTE WILSON. CALIFORNIA REGIONAL WA'I ER ~-O~,-l"~-i'~f"~l~ I ~0L BOARi3"-- SANTA ANA REGION '37 MAIN STREET, SUITE 500 ~ERSIDE, CA ~2501.3339 NE.' (90g) 782.41:30 · (909) 781-8288 August 11, 1997 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Aha, CA 92709-5OO1 CASE CLOSURE, FORMER UNDERGROUND STORAGE TANK SITES 11 AND 7 MARINE CORPS AIR STATION TUSTIN Dear Mr. Lee: This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank sites. Based on the information provided in the Site Assessment/Clo~_ure Reports Underground Storage_~.~.D~.~i_t~s I 1 end Site 7 dated .7_/1 ztJ~J_7_L7_L,~_7_ and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the aboveground storage tank relesse is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2-721{e) of the California Code of Regulations. If you have any questions regarding this matter, please contact Lawrence Vitale at [909) 782- 4998. Sincerely, Gerard J. Thibeault Executive Officer CC; LT. Hope Katcharian, Marine Corps Air Station E[ Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs CTATE OF CALIFORNIA--CALIFORNiA ENVIRONMENTAL PROTECTIOhl AGENCY PETE WILSON. Goverr-~ ALJFORNIA REGIONAL WATER QUALITY CONTROL BOARD bANTA ANA REGION 3737 MAIN STREET. SUITE 500 VERSIDE. CA 92501-3339 -lONE: (909) 782-4130 r,~X: (909) 781-6288 August 11, 1997 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station E1 Toro P.O. Box 95000 Santa Ana, CA 92709-5000 CASE CLOSURES, FOR/~ER I~ERGROLrND STORAGE TA/TK SITES 91, 20A, 226 MARINE CORP AIR STATION TUSTIN Dear Mr. Lee: This letter confirms the completion of site investigat-ions and remedial actions for the subject underground storage tank sites. Based on the information provided in the Site Assessment/Closure Reports Underground Storage Tank Sites 91. 20A. 226 dated 5/23/97 6/2/97. 6/4/92 and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the underground storage tank releases is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. If you have any questions regarding this matter, please contact Lawrence Vitale at (909) 782-4998. Sincerely, : ~ _ · ~'~,- Gerard J. Thibeault Executive Officer cc: LT. Hope Katcharian, Marine Corps Air Station E1 Toro Mr. Bill. Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs CONCURRENCE $1GNA TURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREA OF CONCERN MMS-03 AT MCAS TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendation for no further action for area of concern (AOC) MMS-03 at MCAS Tustin, California. Desire Chandler, BRAC Environmental Coo~'dinator Date: Nicole Mouto ,u~, U.S. EPA ~/ Project Manager Date: I~rry Vi~e, RWQCB Project Manager Date: Maje~l Ibr~i~ ~' Gal-EPA, DTSC Project Manager Date: CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN AD-01, AD-02, AD-03, AMBP-01, AMHP-01, AMS-04, AMS-07, AMS-09, AMS-10, AMS- 11, AMS-12, AMW-01, AST-03, DI-01, DSD-02, DSD-04, DSD-08, MDA-01, MDA-03, MDA-05, MDA-08, MDA-09, and SAT-05 AT MCAS TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendations for no further action for areas of concern (AOCs) AD-01, AD-02, AD-03, AMBP-01, AMHP-01, AMS- 04, AMS-07, AMS-09, AMS-10, AMS-11, AMS-12, AMW-01, AST-03, DI-01, DSD-02, DSD-04, DSD-08, MDA-01, MD^-03., MDA-05, MDA-08, MDA-09, and SAT-05 at MCAS Tustin, California. Desire Chand]er,- BRAC Environmental Coordinator Date: Nicole M0utou~, .... /" U.S. EPA /~ -/ Project Manager Date: ~ar~~t, RWQCB Project Manager ' ,, Majed Ib~him, / Cai-EPA, DTSC Project Manager · Date: Date: JUH 13 '9? R~;QCB-8, RIVF_~,,SIDF PmGI¢ PAGE I~/~, ~13VJforll'tl~ntJ~J OObtdJff. fltOr · · · · June 6, 1997 COUNTY OF ORANGE HEALTH CARE AGENCY PUBLIC HEALTH DIVISIOtt OF ENVIRONMENTAL HEALTH TOM URAM HUGH F. STALLI, VORTil. t.i.rl H.r~.Lr., --,:: ...: · JACK MILLER, REII~ DEr'UT 1 ~,:....',;.'. :. blAILl:iq :.; .'--..'. 2009 EAST EOI~IG£:: :.. ::,. -' SAIITA MI.~,. C;. 5:' .': I' · TE.'..EF'HO',E-(;;4, --.~.'.~.,: FAX (;';4; '5.': '*,':. LT. Hope Katchari:m Director, Environmental Engineering Division Commanding General AC/S Environmental IAU Marine Corps Air Station El Toro P.O. Box 95001 Santa Ann, CA 92709-5001 Subject: Completion of Tank Removal ProJect RE: Marine Corps Air Station Tustin Tank #28 Tustin, CA 92710 Dear Lt. Katcharian: This is in response to your request for a confirmation of the completion of thc tank removal project. With tile provision that the results for the soil samples obtained during the tank removal on June 14 and 22, 1993, were accurate and representative of existing conditions, it is the position of this office that no significant soil contamination has occurred at the above noted facility location. It should be pointed out that this letter docs not relieve you of any responsibilities mandated under the California Health and Safety Code il' additional or previously unidentified contamination is discovered at the subject site. If you have any questions regqrding this matter, please contact Arghavan Rashidi-Fard at (714) 667-3713. Sincerely, William J. l')ickn~:tnn, M.S., REt-IS Supervising l-lazardous Waste Specialist l-Iazarclous Materials Management Section Envimn~ncntal l-leal(l] Division cc: l..al'ry Vit:tlc, Santa Aha Region:ti \Vittel' Qu.'dity Control Bo:u'd June 2, 1997 COUNTY OF ORANGE HEALTH CARE AGENCY PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH TOM URA~,'. Il:.'.: ' HUGH F. STALLWORItl. M f3 HEt. LI,', · .." · JACK MILLER. DEPUrt ~' .i NIAILIt:~, .L' '..:.: 2009 EAST EDli'I:.;['P :..' '. · SAtlTAAI'iA. C~ ~2;".". : lELEPl'10tlE (71.1) 0 '."" F~'( (7 :..I) 9': ":. LT. Hope Katcharian Director, Environmental Engineering Division Corr~m:mding General AC/S Environmental IAU Marine Corps Air Station El Toro P.O. Box 95001 Santa Ana, CA 92709-5001 Subject: Completion of Tank Removal Project RE: Marine Corps Air Station Tustin Tanks #203A and 203B Tustin, CA 927 I0 Dear Lt. Katcharian: This is in response to your request for a confirmation of the completion of the tank removal project. With the provision that the results for the soil samples obtained during the tank removal on September 27, 1994, were accurate and representative of existing conditions, it is the position of this office that no significant soil contamination has occurred at the above noted facility location. It should be pointed out that this letter docs not relieve you of any responsibilitics mandated under the California Health and Safety Code if additional or previously unidentified contamination is discovered at the subject site. ]f you have any questions reg,'vding this matter, please contact Arghavan Rashidi-Fard at (714) 667-3713. Sincerely, \Villiam J. Dickmann, M.S., REI-IS Supervising ]-IaT. ardous Waste Specialist Hazardous Materials Management Section Environmental l lenlth Division cc: l.,ai'ry Vitalc, Santa Aha Rcgicmal Water Quality Control Boarci STATE OF CALIFORNIA---CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON. Govt, rnor C LIFORNIA REGIONAL WATER QUALITY CONTROL BOARD S ',,ITA '~NA REGION 3737 MAIN STREET. SUITE 500 R""[RSIDE. CA 92501-3339 P! ~NE: (909) 782-4130 F .... : (909) 781-6288 May 14,1997 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Ana, CA 92709-5001 SUBJECT: CASE CLOSURE UNDERGROUND STORAGE TANK SITE 93 MARINE CORPS AIR STATION TUSTIN Dear Mr. Lee' This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank site. Based on the information provided in the .Site Assessment/Cio~;ure Report U..nderground Storage Tank Site 93. dated April 18, 1997 and with the provision that the infomaation provided to this agency ,,','as accurate and representative of site conditions, 'no further action related to the underground storage tank release is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721 (e) of the California Code of Regulations. If you have any questions regarding this matter, please contact Lawrence Vitale at (909) 782-4998. Sincerely, , · / Gera/'d J. Thibeault Executive Officer CC' LT. ].lope Katcharian, Marine Corps Air station E! Toro Mr. Bill Dickman, Orange County l'Iealth Carc Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs STATE OF CALIFORNIAmCALIFOFINIA ENVIRONMENTAL PROTECIlON AGENCY CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 3737 MAIN STREET, SUITE 500 RIVERSIDE. CA 92501-3339 PHONE: {909) 782.4130 FAX: (909) 781-6288 PETE WILSON. ,.../.' .-.~ ,;......, .-' .- ..~. May 14, 1997 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Ana, CA 92709-5001 SUBJECT: CASE CLOSURE, FORMER UNDERGROUND STORAGE TANK ~ITE C4, MARINE CORPS AIR STATION TUSTIN Dear Mr. Lee: This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank site. Based on the information provided in the, Assessment/Closure Repod Underground Storage Tank Site C4 dated 4/16/97 and with the provision that the information provided to this agency was accurate and rel~resentative of site conditions, no further action related to the underground storage tank release is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. If you have any questions regarding this matter, please contact Lawrence Vitale at (909) 782-4998. Sincerely, Gerard J. Thibeault Executive Officer CC: LT. Hope Katcharian, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs '7' STATE OF CALIFORNIA--~ALIFORNIA EI'JVIROtJM~NTAL PROTECTION AGENCY ~,LIFORNIA REGIONAL WATER QUALITY CONTROL BOARD _ANTA ANA REGION 3737 MAIN STREET. SUITE 500 VERSIDE. CA 92501.3339 lONE. (909) 782.4~30 r,,X (9091 781-6288 PETE WILSON. April 1 1, 1997 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Ana, CA 92709-5001 SUBJECT' CASE CLOSURE, FORMER UNDERGROUND STORAGE TANK SITE 32 Dear Mr. Lee' This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank site.' Based on the information provided in the Si.t.e. _A_s_~_,s_sment Closure Letter ReD. orr Undergr~uncl Store. ge Tank $.i_Le__3_~ dated 3/23/97 and with the provision that the ~nformation provided to this agency was accurate and representative of site conditions, no further action related to the underground storage tank release is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. If you have any questions regarding this matter, please contact Lawrence Vitale at (909) 782-4998. Sincerely, · · ,,.~t~ J /_' '.~)~ · ~ /'' /' ? · ', \ .-' :'.,x .;t .::~ 7/1 ' . Ger~(d J. Thibeault Executive Officer CC' LT. Hope Katcl~arian, Marine Corps Air Station El Toro Mr. b'ill Diekman, Orange County I-lealth Care Agency Mr. John Ad[,ms Jr., Stern Water Reso~rces Control Board, Division of Clean Water Programs ½TAT/ OF CALIFORNIA---CALIFORNIA ENVIRONMENTAL PROTECTION AGEHCY .;ALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD =~NT.~A ANA REGION ,4AIN STREET, SUITE 500 ,SIDE. CA 92501-3339 :~HONE. (909) 782-4130 -'AX (909) 781-6288 PETE WILSON, (~over:~o~ ...... .~..--_~ .'...~,%-~ March 31, 1997 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Aaa, CA 92709-5001 SUBJECT: (~ASE CLOSURES FORMER UNDERGROUND STORAGE TANK SITES 3, 5 AND 35, MARINE CORPS AIR STATION TUSTIN Dear Mr. Lee' This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank sites. Based on the information provided in the Site Assessment/Closure Report Unde_Lground Storage Tank Site 3 and Site 35 dated 2/28/97 and Site Assessment/Closure Report Underground Storage Tank Site 5 dated 2/7/97 and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the underground storage tank releases is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. If you have any questions regarding this matter, please contact Lawrence Vitale at (909) 782-4998. · . Sincerely, Gerard J. Thibeault Executive Officer CC' LT. Hope Katcharian, Marine C(~rps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean STATE OF CALIFORNIA--CALIFORNiA Et,IVIRONMENTAL PROTECTION AGENCY PETE WILSOI'I. ALI~ORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION '~737 MAIN STREET, SUITE 500 VERSIDE, CA 92501.3339 {ONE: (909) 782.4130 FAX: (909) 781-6288 March 3, 1997 Mr. Wayne D. Lee Headquarters Marine Corps Air Station El Toro Environmental and Safety P.O. Box 95001 Santa Aha, CA 92709-5001 SUBJECT: CASE CLOSURE, FORMER UNDERGROUND STORAGE TANK AREA 22, MARINE CORPS AIR STATION TUSTIN Dear Mr. Lee, This letter confirms the completion of site investigations and remedial actions for the subject underground storage tar:k site. Based on the information provided in the Underground Storage T~nk Area 22 Closure Report dated 1/17/97, and with the provision that the information provided to this agency- was accurate and representative of site conditions, no further action related to the underground storage tank releases is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. If you have any questions regarding this matter, please contact LawrenceVitale at (909) 782-4998. Sincerely, · Gerard J. Thibeault Executive Of[icer CC' LT Hope Katcharian, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs STATE OF CALIFORNIAmCALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON. Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 3737 MAIN STREET. SUITE 500 'ERSlDE. CA 92501-3339 .3NE: (909) 782-4130 , AX: (909) 781-6288 February 24, 1997 Mr. Wayne D. Lee Assistant Chief of Staff Environment and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Ana, CA 92709-5001 SUBJECT: CASE CLOSURE, FORMER ABOVEGROUND STORAGE TANK SITE106, MARINE CORPS AIR STATION TUSTIN Dear Mr. Lee: This letter confirms the completion of site investigations and remedial actions for the subject aboveground storage tank site. Based on the information provided in the Site Assessment/Closure Report Aboveground Storage Tank Site 106 dated 1/24/97 and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the abo:veground storage tank release is required. If you have any questions regarding this matter, please contact Lawrence Vitale at (909) 782-4998. Sincerely, Gerard J. Thibeault Executive Officer CC: LT. Hope Katcharian, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs STATE OF CALIFORN!A~ALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ...., C .IFORNIA REGIONAL WATER QUALITY CONTROL BOARD -~NTA ANA REGION MAIN STREET. SUITE 500 ~RSIDE. CA 92501-3339 P' ,NE: (909) 782-4130 FAX (909) 781-6288 January 27, 1997 PETE WILSON. Gove-~r ~:' !&. ..'.-. ~, .~ . Mr. Wayne D. Lee Assistant Chief of Staff Environmental and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Aha, CA 92709-5001 SUBJECT' CASE CLOSURES, MARINE CORPS AIR-STATION TUSTIN , FORMER UNDERGROUND STORAGE TANKS SITES, 9,133,161,1 77,183,186(A,B,C) Dear Mr. Lee: This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank sites. Based on the information provided in the Sit~ Assessment/ Closure Re.o0r~ dated 12/13/96 and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the underground storage tank releases is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721 (e) of the California Code of Regulations. If you have any questions, regarding this matter, please contact Lawrence Vitale at (909) 782-4998. Sincerely, Ger~a J. Thibeault Executive Officer CC' LT Hope Katcharian, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs STATE OF CALIFORNIA---CALIFORNIA ENVIRONMENTAL PROTECTIO,',~ AGENCY CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD c'~,NTA ANA REGION MA~N STREET. SUITE 500 _RS~DE. CA 9250t-3339 PHONE' {909) 782-4130 FAX. (909) 781-6288 January 27, 1997 PETE WILSON. Govemc: · .:'.'~"--.'; ... ~'.. ,~ .; .-. · ' ..~, ... Mr. Wayne D. Lee Assistant Chief of Staff Environmental and Safety Marine Corps Air Station El Toro P.O. Box 95001 Santa Aha, CA 92709-5001 SUBJECT' CASE CLOSURES, MARINE CORPS AIR STATION TUSTIN , FORMER UNDERGROUND STORAGE TANKS SITES, 10A,132, 28A, 506 Dear Mr. Lee: This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank sites. Based on the information provided in the Site Assessment/Closure Reports dated 12/6/96, 12/13/96 and 12/16/96 and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the underground storage tank releases is required. This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. If you have any questions, regarding this matter, please contact Lawrence Vitale at (909) 782-4998. :.,..~ .... ~;. Sincerely, Gerard J Thibeault Executive Officer CC: LT Hope Katcharian, Marine Corps Air Station El Toro Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs C)~' CALIFORNIA~CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ~LIFORNIA REGIONAL WATER QUALITY CONTROL BOARD .h ~. ANA REGION ? tin STREET. SUITE 500 ~IDE. CA 92501-3339 .: {909) 782-4130 )9) 781-6288 October 28, 1996 Colonel Thomas A. Caughlan Commanding Officer, Headquarters Marine Corps Air Station, Tustin Environmental and Safety P.O. Box 105001 Sapta Ana, CA 92710-5010 PETE VVILSON, Governor SUBJECT: Dear Sir: CASE CLOSURE, FORMER UNDERGROUND STORAGE TANK SITE 4 This letter confirms the completion of site investigations and remedial actions for the subject underground storage tank site. Based on the information provided in the ~ Report Former Underground Storage Tank Site 4, dated September 19, 1996 and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the underground storage tank release is required. .- This notice is issued pursuant to a regulation contained in Title 23, Division 3, Chapter 16, Section 2721(e) of the California Code of Regulations. " if you have any questions, regarding this matter, please contact Lawrence Vitale at (909) 782-4998. Sincerely, Gerard J. Thibeault Executi~ve Officer CC' Ms. Desire Chandler, BEC, Marine Corps Air Station Tustin Mr. Bill Diekman, Orange County Health Care Agency Mr. John Adams Jr., State Water Resources Control Board, Division of Clean Water Programs CONCURRENCE SIGNATURE PAGE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN AMS-05, AMS-06, AMS-13, AS-01, AS-02, AS-04, AS-05, AS-07, AST-01, MMS- 02, MWA-23, SAT-14', ST-68, ST-68A, ST-73 and MAE-04A, ST-74, TOW-XS, and TOW-16, AT MCAS TUSTIN, CALIFORNIA The following members of the BCT concur with th~ recommendations for No Fdrther Action for areas of concern (AOCs) AMS-05, AMS-06, AMS-13, AS-01, AS-02, AS-04, AS-05, AS-07, AST-01, MMS-02, MWA-23, SAT-14, ST-68, ST-68A, ST-73 and MAE- 04A, ST-74, TOW-X5, and TOW-16 at MC'AS Tustin, California: ~DESIRE CH,~Nb[ER, BRAC Environmental Coordinator Date: Project Manager - ~a, RRY V~ALE, RWQCB " ' Project Manager · MAJEI~ISRAHIM Cai-EPA, DTS.~C Project Manager Date: Date: Date: Enclosure (1) APR 16 2002 13:19 FR SWDIV MC BRAC 619 $32 8780 TO 9918582689699 P.03/04 i BECHTEL NATIONAL INC. CLEAN 11 'i'~.ANSMI'II'AL/~ELIvERABLE ii~CEiPT Contract No. N-68711-92-1)-4670 Document Control No. _CTO-008g/0210 File Code: 02 ! $. 0218.1 m I II I - Ill I · -- I - TO: Commanding Officer Naval Facilities Engineering Command Southwest Division Mr. Paul Kennedy, Code 0233 Building 128 1220 Pacific Highway San Di~~omia 92132-5187 _ FROM: ~ DESCRIPTION: DATE: _Julv 15. 1996 CTO #: 0085 LOCATION: MCAS Tustin Operations Manager Draf~ Final Pesticides (and Associated Metalsl Investigation Re~ort dated luly l ~)96 TYPE: Contract Deliverable x CTO Deliverable _ Change Notice/Project -- Other Note VERSION: Draft Final REVISION #: n/a (c.g., DratL Draft Final, Final, ¢t¢,) ADMrN RECORD: (Comm. 1~1. m id~.tify) Yes ~' x No Category Confidential , SCHEDULED DELIVERY DATE: 07/19/96 ACTUAL DELIVERY DATE: 7/17/9 6 NUMBER OF COPIES SUBMITTED: 10/4C/5E COPIES TO (Include Name, Navy Mail Code, and No. of Copies): SWDIV: · Mary Nuzum, ! 85C3 (! C/! E) Terry Mm'tin, 183 I.TM (IC/IE) _ DeAnna Dunbar, ! 83 I.DD (I .C/2~_) 'Virginia Garelick, 1852.VG (IC/IE) _, , i ,, _ BECHTEL: J. W. KJuesener (lC) H. N. Masri (i C/! E) S. L. Rcackhof(lC/lE) C. Gardinicr (IC/IE) J. Davidson - AR&IR (3C/3E) PIX:C fiie'(iC/IE) ! SFRO file ( i C/I E) OTHER (Disffibmion done by Be~Mel): D. Chandler, MCAS Tustin (IC/IE) 'L. Bur. ago, MCAS Tustin (1C/I E) D. Hodges;0SEPA (1C/IE) M. Ibrahim, DTSC (IC/IE) L. Viude, RWQCB (1C/I E) 1, lf'Ye~' cop), J. Davidson (AR only · 2); (ARa: IR - 3) F:V04&v,ff CLE. AN T~is~M Y$t~'TO-Oi~DFINFF..$T. DOC I DateTm~e Received APR 16 2002 13:17 FR S~DIU MC BRiC 619 532 0?80 TO 99185826896?? P.O2x04 Bechtel 45 Fremont Street San Francisco, CA 94105-7895 Mailing address: P.O. Box 193965 San Francisco, CA 94119-3965 CLEAN II Program Bechtel Job No. 22214 Contract No. N68711-92-D-4670 File Code: 0218.4 IN REPLY REFERENCE: CTO-0085/0214 July 15, 1996 U.S. Environmental Protection Agency 75 Hawthorne Street (H-9-2) San Francisco, California 94105-3901 Attention: Dave Hodges. Project Manager (1 copy) California Envirorunental Protection Agency Department of Toxic Substances Control 245 West Broadway, Suite 425 Long Beach, California 90802-4444 Attention: Majed lbrahirn. Project Manager (1 copy) California Environmental Protection Agency Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, California 92501-3339 Attention: Larry Vitale. Project Manager (1 copy) Subject: Draft Final Pesticides (and Associated Metals) Investigation Report dated July 1996 Dear Gentlemen: Per direction of DeAnna Dunbar (Remedial Project Manager), enclosed please find the Draft Final Pesticides (and Associated Metals) Investigation Report incorporating agreed upon revisions. The revisions arc the result of the June 26, 1996 meeting with SW'DIV and agency representatives. At that meeting, comments were r~solved and, therefore, this draft final document should be the final submittal. Should you have any questions, please call me at (415) 768-4612 or Cathie Gardinier at (415) 768-2766. Very ~ours, / ~ /H~usam N. Masri Project Manager MCAS Tustin HNM~B:aqr Enclosures Bechtel National, Inc. F'VVp,~ CLEAN Tvj,;~d,,~YRq~"TC)-OOIS~)Ftl~e~T BCT CONCURRENCE SIGNATURE PA GE CONCURRENCE WITH NO FURTHER ACTION FOR AREAS OF CONCERN AMS-01, AMS-02, AMS-03, MCD-03, $T-58, ST-62, ST-63, ST-64, $T-65, ST-66, ST-69, ST-70, and $T-71 AT MCAS TUSTIN, CALIFORNIA The following members of the BCT concur with the recommendations for no further actio/a for areas of concern (AOCs) AMS-01, AMS-02, AMS-03, MCD-03, ST-58, ST-62, ST-63, ST-64, ST-65, ST-66, ST-69, ST-70, and ST-71 at MCAS Tustin, California BRAC Environmental Coordinator U.S. EPA Project Manager date: [garry Vitale, RWQCB Project Manager date: Cai-EPA, DTSC Project Manager O'E~"AR'i'MENT OF TOXIC SUBSTANCES CONTROL May 26~ 1992 J.R. Faunce, CAI~T, CEC, USN Director, Facilities ]~anagement ~arlne Corps Air Statto~ Dear captain ~aunce: I~EVZ~W AND APPROVAL OF PRELIMINARY ENDANGERMZN~ ASSESSMENT REPORT - PARCEL A, The Departmenl~ has reviewed the above mentioned report prepared by GeoRemediation, Inc. £or the United States Navy, dated March 6, 1992. This.report addressed the commen~s on a previou~ report dated October 17, lggl, and provided Co you on Sanuary 21, 1992 The Departmen~ hereby approves said repork ~n i~s totality as [t complies wi~h Section Division 20 ~ th~ Call~ornia Health an~ SaferM c~e. The Department received a letter from L. J. t~oward of your staff, dated Ma~ V, 1992, re~uesting Department's concurrence with the following! No further ecl:ion wi ch regard to pes.~icides ~s necessary. · Concentrations of Total Petroleum ~ydrocarbone (TP~) found pose no significant environmental or health risk for currently existin~ conditions o~..Jollowing develoFnent .... acti~£t*ies"an'd that ho ~u~ther' a~tion ~s re~uired. . No further action with re~ard to groundwater contamination is required p~ior to proceding with construc2ion. Further investigation of groundwater contamination in general at ~CAS ?ustin ~ill be performed, in co~uction with the installation Restoration Program and Resource Conservation and Recovery Act ~ro~ram. . The Department concurs =ha2 no further action raga=ding pesticides is necessary at this s.ite for soil. The Pep&r~.laen~ concurs that concentrations of (TPH) found pose no significant envlronmen~a! or health risk for currently existtng'condi~tons or following.~evelopment activities and that no further action is required. The Department concurs that no further action: with regard togroundwater contamination is required prior to procedinG Qith construction. However, further lnve~tigation of groundwater con2amination in general at MCAS Tustin mus~ be performed.in conJuction.with the Installation Restoration Program and Resource Conservation and Recovery Act Program. · Ma~' 26~ 1~92 any questions or need assis~anc~ please contao~ ~. Hann~ ALonzo at (310) 590-4904. Sincerely, CC: Chris Xyburg, ¢o~e 1Bll. CX £ngineez'in~ Command 2220 Pacific H:Lcj. hway San Dt. ecJo, california ~2132-53.90 ,s. ~/chelle ~cKlbben Department of Toxic Substances Control Site Mitigation ~ranch ' 8950 Cal Cente= Drlve,_Bldg. 3, Suite 101 Sacramento, California 95826 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Suite ~.R. Faunce~ CAP'/', CEC, USH Director, Facilities Nanage~ent Departnent ~a~ine Corpe A~r Station (E~ ~o) Santa Aha, California 92709 Dea~ Captain ~t~.VIEW AND APFROVAL OF PRELII~INAR¥ ENDANGERHTNT ASSESSNENT (I~A') REPORT - PARCEL C NEW FAMILY HOUSING PROJECT~ ~CA~ TUS~IN prepared by GeoRem~d~ation, Inc. for the United States ~av~ da~ed ~arch 20, 1992. This repor~ addTessed ~e co~ents previous report da~ed"~ctober. 17, a991, provided toyo~ on January 21, 1~92. The. Department hereby approves said ~eport its t~tali.ty as it complies wl~h Sec%ion 2S319.5, Chapter Division 20 of the California Health and Safety Code. The Departmen~ concurs ~hat no fu~her action is' ~eeella~7 I~ you. have any ~uestlon or need.any contact ~. Manny Alonzo at (310) ~90-4904. / Site Hltigation Brinch Mr. Chris l~yburg, Code 2811.CK / Southwest Division, ~aval Facilities ~ngineering Co,and san Diego, California 92132-5190 Hs. ~lchelle l~cKibben Department o~ Toxic Substances Control Site Mi~igation Branch 8~50 Cal Center Drive, Bldg. 3~ Suite 101 Sacramento, California 95826 " ~ ........... '~ ' II *-'1~' I il --.~pRTMENT OF TOXIC SUBSTANCES CONTROL -~ f ~ 8oKh.~ ~.4444 ~ H~,y 27, ],992 : J.l~. Faunce~ CAPT~ CEC~ USN D~rector~ Facilities H&n&geme~ Department Marine corps A~r Station ~1 Toro (San=a Anal, Californ~a 9270~ Dear captain Faunca= R~VI~W AND APPROVAL O~ PRELIHINARY ENDANCERI~NT REPORT - P~CEL D, NEW F~LY HOUSING PR~E~ K~ .- The Department has reviewed the above ~entione~ rapo~ prepared by GeoRemed~.aC~on, Zno. for the Unl~ S~ate8 dated April 17, 1992. This report addresead ~ co~nts on a previous-report dated Ockober 17, ~991, provided to ~ou on Januar~~f 1992. The Depa~tme~ hereb~ appr~es sa~d Division 20 of ~he California Health and The-.DeparCmen~ concurs C~a~ no fur,.her action ts necessar~ a~ ~h~s s~te regarding pesticide contan~nated soil. i~ you have'any quebt'.iorl or' need arty'assistance, "please contac~ H~nny Alonzo a~ (310) 590-4904. ~r. chris ~burq, Code Southwest Division, ~aval Fac~litles Zng~n~e~lnq Coward ~220 Pacific H~ghwa7 San Diego, california 92132-5190 ~s, HLchelle ~cKLbben Departme~ of. Toxic Substances Control S~te N~tigat~on Branch 8950 Cai Center Drive, Bldg. 3, Suite 101 sacramen=o, california 95826 ATTACHMENT 3 MODEL LEASE PROVISIONS 13. ENVIRONMENTAL PROTECTION PROVISIONS: 13.1 Lessee, sublessees and contractors shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to Lessee's activities on Leased Premises. 13.2 Lessee or any sublessee shall be solely responsible for obtaining at its cost and expense any environmental permits required for its operations under the Lease, independent of any existing permits held by Government. Any and all environmental permits required for any of Lessee's or sublessee's operations or activities will be subject to prior concurrence of Government. Lessee acknowledges that Government will not consent to being named a secondary discharger or co-permittee for any operations or activities of the Lessee or any sublessee under the Lease. In the event Government is named as a secondary discharger or co-permittee for any activity or operation of the Lessee or any sublessee, Government shall have the right to take reasonable actions necessary to prevent, suspend, or terminate such activity or operation, including terminating this Lease, without liability or penalty. 13.3 Government's rights under this Lease specifically include the right for Government officials to inspect upon reasonable notice Leased Premises for compliance with environmental, safety and occupational health laws and regulations, whether or not Government is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make such inspections. Government normally will give Lessee or sublessee forty-eight (48) hours prior notice of its intention to enter Leased Premises unless it determines the entry is required for safety, environmental, operations or security purposes. Lessee shall have no claim on account of any entries against the United States or any officer, agent, employee, contractor or subcontractor thereof. 13.4 Government, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) of 1980 as amended, and the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) pursuant to the Resource Conservation and Recovery Act (RCRA), have entered into a Federal Facilities Site Remediation Agreement (FFSRA) for MCAS Tustin. Lessee acknowledges that Government has provided it with a copy of the FFSRA and agrees that should any conflict arise between the terms of the FFSRA as it presently exists or may be amended and the provisions of this Lease, the terms of the FFSRA will take precedence. Lessee further agrees that notwithstanding any other provision of this Lease, Government assumes no liability to Lessee or its sublessees should implementation of the FFSRA interfere with Lessee's or any sublessee's use of Leased Premises. Lessee shall have no FOSL 3, MCAS Tustin 1 April 2002 claim on account of any such interference against the United States or officer, agent, employee, contractor or subcontractor thereof, other than for abatement of rent, where applicable. 13.5 Government, EPA, DTSC, and the state, its officers, agents, employees, contractors and subcontractors, have the right, upon reasonable notice to Lessee and/or any subleases, to enter upon Leased Premises for the purposes enumerated in this subparagraph and for such other purposes consistent with any provisions of the cleanup program (including but not limited to the BRAC Cleanup Plan, IRP, or FFSRA): 13.5.1 to conduct investigations and surveys, including, where necessary, drilling, soil and water sampling, testpitting, testing soil borings and other activities related to the cleanup program; 13.5.2 to inspect field activities of Government and its contractors and subcontractors in implementing the cleanup program; 13.5.3 to conduct any test or survey required by EPA, or DTSC relating to the implementation of the cleanup program; 13.5.4 to construct, operate, maintain or undertake any other response or remedial action as required or necessary under the cleanup program, including but not limited to monitoring wells, pumping wells and treatment facilities. 13.6 Lessee shall comply with the provisions of any health or safety plan in effect under the IRP or the FFSRA during the course of any of the above described response or remedial actions. Any inspection, survey, investigation or other response or remedial action will, to the extent practicable, be coordinated with representatives designated by Lessee and any sublessee. Lessee and sublessee shall have no claim on account of such entries against the United States or any officer, agent, employee, contractor or subcontractor thereof. In addition, Lessee shall comply with all applicable federal, state and local occupational safety and health regulations. 13.7 In the event of any sublease of Leased Premises, Lessee shall provide to U.S. EPA and California EPA, DTSC, a copy of the agreement or sublease of Leased Premises (as the case may be) within fourteen (14) calendar days after the effective date of such transaction. Lessee may delete the financial terms and any other proprietary information from the copy of any agreement of sublease furnished pursuant to this condition. FOSL 3, MCAS Tustin 2 April 2002 13.8 Lessee shall strictly comply with the hazardous waste permit requirements under the Resource Conservation and Recovery Act or its applicable state equivalent. Except as specifically authorized by Government in writing, Lessee must provide at its own expense such hazardous waste management facilities complying with all laws and regulations. Government hazardous waste management facilities will not be available to Lessee. Government EPA identification numbers shall not be used by Lessee. Any violation of the requirements of this condition shall be deemed a material breach of this Lease. 13.9 The Installation accumulation points for hazardous and other waste will not be used by Lessee or any sublessee. Neither will Lessee or sublessee permit its hazardous wastes to be commingled with hazardous waste of the Installation. 13.10 Lessee shall have a Government-approved plan for responding to hazardous waste, fuel and other chemical spills prior to commencement of operations on Leased Premises. The contingency plan shall be consistent with the provisions of California Code of Regulations, Title 22, Chapter 15, Article 4 beginning with Section 66265.50 Such plan shall be independent of the Installation plan and, except for initial fire response and/or spill containment, shall not rely on use of Installation personnel or equipment. Should Government provide any personnel or equipment whether for initial fire response and/or spill containment, or otherwise on request of Lessee, or because Lessee was not, in the opinion of Government, conducting timely cleanup actions, Lessee agrees to reimburse Government for its costs in association with such response or cleanup. 13.11 Lessee shall not conduct or permit its sublessees to conduct any subsurface excavation, digging, drilling or other disturbance of the surface without the prior written approval of DON and the BCT. 13.12 The presence of known asbestos and ACM, LBP or PCBs is identified in the Finding of Suitability to Lease. 13.12.1 If Lessee intends to make any improvements or repairs that require the disturbance of or the removal of asbestos or ACM, an appropriate asbestos disposal plan must be incorporated into the plans and specifications required under paragraph 8 and submitted to Government. The asbestos disposal plan will identify the proposed disposal site for the asbestos, or in the event the site has not been identified, will provide for disposal at a licensed facility authorized to receive it. If the lessee intends to make any improvements FOSL 3, MCAS Tustin 3 April 2002 or repairs that require the removal of LBP or PCBs, prior written approval must be obtained from Government. 13.12.2 Lessee shall be responsible for monitoring the condition of existing asbestos and ACM on Leased Premises for deterioration or damage and accomplishing repairs or abatement pursuant to the applicable conditions of this Lease. Asbestos and ACM which during the period of this Lease becomes accessible, damaged or deteriorated through the passage of time, as the result of a natural disaster or as a consequence of Lessee's activities under this Lease, including but not limited to any emergency, will be abated by Lessee. Lessee may choose the most economical means of abatement available. Notwithstanding paragraph 13.12.1 above, in an emergency, Lessee will notify Government as soon as practicable of its emergency asbestos or ACM responses. 13.12.3 Lessee shall be responsible for monitoring the condition of existing LBP on Leased Premises for deterioration or damage and accomplishing repairs or abatement pursuant to the applicable conditions of this Lease. LBP which during the period of this Lease becomes damaged or deteriorated through the passage of time, as the result of a natural disaster or as a consequence of Lessee's activities under this Lease including but not limited to any emergency, will be abated by Lessee. Lessee may choose the most economical means of abatement available. Notwithstanding paragraph 13.12.1 above, in an emergency, Lessee will notify Government as soon as practicable of its emergency LBP responses. 13.13 Lessee shall indemnify and hold harmless Government from any costs, expenses, liabilities, fines or penalties resulting from discharges, emissions, spills, storage or disposal arising from Lessee's occupancy, use or operations, or any other action by Lessee or any sublessee giving rise to Government liability, civil or criminal, or any other action by Lessee or any sublessee giving rise or responsibility under federal, state or local environmental laws. Lessee's obligations hereunder shall apply whenever Government incurs costs or liabilities for Lessee's activities or activities of any sublessee as provided hereunder. This provision shall survive the expiration or termination of this Lease. The continued migration of existing environmental contamination caused by the Government, its officers, agents, employees or its contractors shall not be construed as a discharge, spill, release, emission, storage, or disposal by Lessee or sublessee. 3.14 Storage, treatment or disposal of toxic or hazardous materials on Leased Premises is prohibited except as authorized by Government in accordance with 10 U.S.C. § 2692. FOSL 3, MCAS Tustin 4 April 2002 13.15 The responsibility of Government to indemnify and hold harmless the Lessee and any sublessees against toxic torts and other environmental claims shall be in accordance with Public Law 102-484, Section 330, as amended. 13.16 Lessee and sublessees shall not use or access groundwater, and shall not disturb or cause to disturb groundwater monitoring wells and equipment. 13.17 Buildings __, , , and shall not be used or occupied until and unless a Lease Restriction form (FOSL, Attachment 5) for one or more of said buildings is executed by all required signatories. FOSL 3, MCAS Tustin 5 April 2002 ATTACHMENT 4 LEASE RESTRICTION REVISION FORM LEASE RESTRICTION REVISON FORM Lease Restriction Revision (Navy Endorsement/Regulatory Review) Form Upon completion, this form shall be attached to the original Finding of Suitability to Lease (FOSL) under revision. SUBJECT: Parcel Identity FOSL Revision # ; Revision Date: NAVY ENDORSEMENT: Table 9: "Notifications and Restrictions Summary" of the MCAS Tustin FOSL for above subject Parcel Identity is hereby revised as follows: Check TYPE OF REVISION Area(s) and/or Lease Restriction Box Building(s)/Structure(s) (Refer to Table 9 of the FOOL) REMOVE ADD Text enclosed Yes [~] No/- MODIFY (text enclosed) As a result of this revision, the following area(s) and/or building(s)/structure(s) is (are) now suitable for occupancy/access: Area(s) and/or building(s)/structure(s) which is (are) now not suitable for occupancy/access based on addition/modification of the restriction(s) is (are) as follow(s):. The following enclosure(s) provide(s) the environmental documentation for each of the lease restriction/condition revisions identified above: BRAC ENVIRONMENTAL COORDINATOR DATE EPA CONSULTATIONS/REVIEW: ~ The environmental documentation for the revision to the lease restriction/conditions as identified in the above Navy Endorsement has been reviewed by this office. Based upon the information provided, this office is satisfied that the assessment is complete and has no comments regarding the Navy endorsement. [-~ This office does not concur with the Navy endorsement. Review comments and the rationale for the lack of concurrence are provided by Attachment (1). ENVIRONMENTAL PROTECTION AGENCY DATE DTSC CONSULTATIONS/REVIEW: ~ The environmental documentation for the revision to the lease restriction/conditions as identified in the above Navy Endorsement has been reviewed by this office. Based upon the information provided, this office is satisfied that the assessment is complete and has no comments regarding the Navy endorsement. ~ This office does not concur with the Navy endorsement. Review comments and the rationale for the lack of concurrence are provided by Attachment (1). DEPARTMENT OF TOXIC SUBSTANCES CONTROL DATE ATTACHMENT 5 HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS NOTIFICATION TABLES Attachment 5 Hazardous Substances Notification Table Calve Out Parcel Area 5 1 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 AOC ST-42 MMS-4 ST-60A ST-60A ST-60A ST-60A ST-21A ST-21A ST-21B S'I'-21B ST-21C ST-21C ST-21D ST-21F ST-40 (A-C) ST-40 (A-C) ST-41 (A,B) ST-41 (A,B) ST-43 ST-43 ST-45 ST-45 ST-45 ST-46 ST-55 ST-56 S'I'-56 ST-56 ST-56 ST-56 ST-59A ST-59A ST-59A ST-59B ST-59B ST-67 ST-83 STD-01 STD-O1 STD-01 STD-01 ST-~4 (A-C) ST-14 (A-C) s-r-14 (A-C) Hazardous Substances* Paints Solvents Solvents Freon Speedy-Dry absorbent Aerosol Cans Antifreeze Contaminated soil from MMS-04 Mercury Cleaning compounds Mercury Cleaning compounds Mercury Cleaning compounds Cleaning compounds Cleaning compounds Paint thinners Aerosol Cans Waste paints Metal strippers Cleaning solvents Paints Solvents Paint thinners Adhesives (resin based) Methyl ethyl ketone Paint thinners Unknown hazardous materials Epoxy paint Polyurethane base paint Paint thinners Paint removers Solvents Solvents Freon Polyurethane base paint Paint thinner Freon Solvents Unknown hazardous materials Used cleaning compounds Antifreeze Freon Aerosol Paint thinners Solvents Batteries Date(s) of Storage Stored (S), Released (R), or and/or Operation Disposed (D) 1960-1999 S 1969-1993 D 1991-1994 S 1991-1994 S 1991-1997 S 1991-1997 S 1991-1997 S 1991-1997 S 1991-1995 S 1991-1995 S unknown-1991 S unknown-1991 S unknown-1999 S unknown-1999 S unknown-1999 S unknown-1999 S unknown-1996 $ unknown-1996 S 1991-1995 S 1991-1995 S 1986-1996 S 1986-1996 S 1960-1993 S 1960's-1995 S 1960's-1995 S 1960's-1995 S 1981-1994 S 1940's-1995 S 1981-1996 S 1981-1996 S 1981-1996 S 1981-1996 S 1981-1996 S 1991-1995 S 1991-1995 S 1991-1995 S 1970's-1991 S 1970's-1991 S 1969-1972 D Unknown S 1984-1993 S 1984-1993 S 1984-1993 S 1984-1993 S 1991-1997 S 1991-1997 S 1991-1997 S FOSL 3, MCAS Tustin '1 Of ~3 April 2002 Attachment 5 Hazardous Substances Notification Table Carve Out Parcel Area 5 18 5 18 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24, 40 5 24, 40 5 24, 40 5 40 5 40,18 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 AOC ST-14 (^-C) ST-14 (^-C) MAE-4 MAE-4 MDA-06 MD^-10 ST-15 ST-15 ST-15 ST-15 ST-72A ST-72A ST-72B MWA-18 MMS-03 MMS-03 ST-18A ST-18B ST-18C ST-19 ST-19 ST-20A ST-20B ST-37A ST-37A ST-37A ST-37B ST-37B ST-37B ST-38A ST-38B ST-39 ST-39 ST-39 ST-48 ST-48 ST-48 ST-48 ST-48 ST-49 ST-49 ST-49 ST-49 $T-51 ST-51 Hazardous Substances* Iodine Spray cans Paints Solvents Unknown hazardous materials Unknown hazardous materials Antifreeze Freon 12 Freon 22 Detergent Solvents Waste solvents Cleaning solvents So]vents Freon Dry cleaning solvent Freon Used antifreeze Used antifreeze Used antifreeze Waste oil Unknown hazardous materials Sulfuric acid Sulfuric acid Used cleaning compounds Freon Antifreeze Used cleaning compounds Freon Antifreeze Polyurethane based paint Polyurethane based paint Paints Thinners Solvents Polyurethane based paint Thinners Corrosion prevention compounds Lacquers Solvents Propellant Epoxy paint Polyurethane based paint Enamel Paints Solvents Date(s) of Storage and/or Operation 1991-1997 1991-1997 Unknown Unknown Unknown Unknown unknown-1995 unknown-1995 unknown-1995 unknown-1995 1942-1997 1942-1997 1942-1982 1940's-1995 1991-1995 unknown urtknown 1991-1999 1995-1999 1991-1995 1960-1999 1960-1999 1992-1998 prior to 1992 1991-1995 1991-1995 1991-1995 1991-1995 1991-1995 1991-1995 1991-1995 prior to 1991 1986-1996 1986-1996 1986-1996 1980-1995 1980-1995 1980-1995 1980-1995 1980-1995 1940's-1996 1940's-1996 1940's-1996 1940's-1996 1980's-1995 1980's-1995 Stored (S), Released (R), or Disposed (D) S S S S S S S S S S S R R R S D D S S S S S S S S S S S S S S S S S S S S S S S S S S S S S FOSL 3, MCAS Tustin 2 Of 3 April 2002 Attachment 5 Hazardous Substances Notification Table Carve Out Area Parcel AOC Hazardous Substances* 6 16 ST-52 Paints 6 16 ST-52 Solvents 6 16 ST-84 Unknown hazardous materials 6 16 ST-87 Unknown hazardous materials 6 16 TOW-X3 Paints 6 16 TOW-X3 Solvents 6 16 TOW-X4 Solvents 7 16 ST-16A Paint aerosol 7 16 ST-16A Paint enamel 7 16 ST-16B Paint aerosol 7 16 ST-16B Paint enamel 7 16 ST-17 Antifreeze Date(s) of Storage and/or Operation 1980 1980 Unknown Unknown Unknown Unknown 1942-1949 1991-1995 1991-1995 1991-1997 1991-1997 1989-1991 Stored (S), Released (R), or Disposed (D) s s s s S,R S,R R S S S S S Notes: ' Hazardous Substances - Basewide Environmental Baseline Survey, Table F-1 (BNI 2001). This table was prepared in accordance with 40 CFR 373 and 40 CFR 302.4. The reported substances are not hsted in 40 CFR 302.4, and therefore have no corresponding Chemical Abstracts Services (CAS) number, no regulatory synonyms, no Resource, Conservation and Recovery Act (RCRA) waste numbers, and no reportable quantities. Acronyms/Abbreviations: AOC = area of concern JP-5 = jet propellant grade 5 MAE ~ miscellaneuous, air emmisions MDA = miscellaneous, potential MMS = miscellaneous, major spill MWA -- miscellaneous, wash area ST = storage, temporary STD ': storage, designated hazardous TOW -- treatment, oil/water separator FOSL 3, MCAS Tustm 3 of ~3 April 2002 Attachment 5 Petroleum Products Notification Table Calve Out Area Parcel 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 2 5 16 5 16 5 16 5 16 5 16 5 16,18 5 16 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 UST/AST or AOC DSD-08 DSD-08 MDA-03 MDA-03 US'I' 3 UST 4A UST 4B UST 4C UST 26 UST 58 UST 91 UST 135 UST 300 UST 506 MMS-4 MMS-4 MWA-04 MWA-15 MWA-20 ST-60A ST-60B TOW-05 TOW-IS(I-4) UST 11 us'r 185 UST 509 MCD-02 MCD-02 TOW-14 TOW-14 UST 534A UST 534B UST 534C AST 28A ~ 28B AST 183 DSD-04 DSD-05 MDA-04 MDA-07 MDA-08 MDA-09 MDA-09 Petroleum Products* Waste oil Waste fluid Oil Lubricant Fuel oil Fuel oil Fuel oil Gasoline Fuel oil Fuel oil Fuel oil Fuel oil Fuel oil Diesel Waste oil Waste fluid Oily water Oily waste water Waste motor oil Lubricant Oil Hydraulic fluid JP-5 Oily rags Waste oil Waste oil Oily water Diesel Waste oil Waste oil Fuel Waste fuel Fuel Waste fuel JP-5 Waste fuel Water/Waste fuel Diesel Diesel Propane Diesel Oily waste water Oily waste Oil Oily waste Waste oil Aviation gas Diesel fuel Stored (s), Date(s) of Storage Released (R), or and/or Operation Disposed (D) unknown to present R unknown to present R unknown to 1981 R unknown to 1981 R 1943- Oct.1993 S 1943- Oct.1993 S 1943-prior to 1991 S 1943-prior to 1991 S 1942-prior to 1991 S 1945-prior to 1991 S 1953-June 21,1996 S 1961-Nov. 7,1997 S 1943-Sep t/Oct 1993 S 1985-Sept/Oct 1993 S 1969-1993 D 1969-1993 D 1950's-1999 R 1942-1989 R 1981-1999 R 1991-1994 S 1991-1994 S 1991-1994 S 1991-1994 S 1991-1997 S 1987-1997 S 1984-1999 S 1981-1997 S 1943-prior to 1991 S 1969-Sept/Oct 1993 S 1985- Dec. 1998 S 1988-present S,R 1988-present S,R 1986-1999 S 1986-1999 S 1988- Jan. 22,1999 S 1988- Mar. 19, 1999 S 1988- Jan. 22,1999 S removed May 05,1999 S removed Dec. 10,1998 S removed July 30,1996 S removed Apr.09,1999 S 1960-1991 D 1982-1988 D 1970's-present R 1955-unknown R 1960's-1970's R 1960's D 1960% D FOSL 3, MCAS Tustin 1 of 6 April 2002 Attachment 5 Petroleum Products Notification Table Carve )ut Area Parcel 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 18 UST/AST or AOC MMS-5 MMS-5 MMS-7 MWA-14 MWA-16 MWA-24 STo21A ST-21A ST-21 A ST-21B ST-21B ST-21B ST-21C ST-21C ST-21C ST-21D ffF-21D ST-21F ST-21F ST-40 (A-C) $T-40 (A-C) ST-41 (A,~) ST-41 (A,n) ST-41 (A,~) ST-41 (A,B) ST.43 ST.45 ST-46 ST-59A ST-59A ST-59B ST-59B ST-79 ST-80 STD-01 TOW-13 TOW-15 ST-14 (A-C) ST44 (A-C) ST-14 (A-C) UST 20A UST 28 UST 28A UST 32 UST 35 UST 9O Petroleum Products* Waste paints Waste solvents Hydraulic fluid Oily waste Oily waste Oily waste Distilled petroleum JP-5 PD-680 Distilled petroleum JP-5 PD-680 Distilled petroleum JP-5 PD-680 Oil Oily rags Oil Oily rags Fuel oils Oily rags Hydraulic fluid Oil Oily rags JP-5 Lubrication oils Lube/transmission oils Hydraulic fluids Hydraulic fluids/offs JP-5 Oily rags JP-5 Oily rags Waste oils Hydraulic fluid Hydraulic fluid Oily rags Waste oil Waste oil Oily rags Used oil Used mogas Fuel oil Fuel oil Fuel oil Fuel oil Fuel oil Fuel oil Date(s) of Storage and/or Operation 1969-1972 1969-1972 1980-1999 1981-1999 1982-1988 1989-1999 1991-1995 1991-1995 1991-1995 unknown-1991 unknown-1991 unknown-1991 unknown-1999 unknown-1999 unknown-1999 unknown-1999 unknown-1999 unknown-1999 unknown-1999 unknown-1996 unknown-1996 1991-1995 1991-1995 1991-1995 1991-1995 1986-1996 1960-1993 1960's-1995 1981-1994 1991-1995 1991-1995 1970's-1991 1970's-1991 1975-1997 unknown unknown 1984-1993 1988-1999 1989-1999 1991-1997 1991-1997 1991-1997 1943-prior to 1991 1942- Oct.1993 1942-Aug.12 1993 1942-prior to 1991 1943-June 26,1996 1953- June 03,1993 Stored (S), Released (R), or Disposed (D) R R S R R R S S S S S S 5 S $ S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S $ S S FOSL 3, MCAS Tustm 2 of 6 April 2002 Attachment 5 Petroleum Products Notification Table Carve Out Area Parcel 5 18 5 18 5 18 5 18 5 18 5 18 5 18 5 20 5 22 5 22 5 22 5 22 5 22 5 22 5 22 5 22 5 22 5 22 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24, 40 5 24, 40 5 24, 40 5 24, 40 5 24, 40 5 24, 40 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 5 24 UST/AST or AOC UST 161 UST 171 UST 183 UST 183A UST 203A UST 203B us'r 226 UST 1 UST C4 UST C5 UST 93 UST 222A LIST 22215 UST 222C UST 222D UST 222G UST 222H UST 222I AST 169 Asr 170 MAE-06 MWA-I 7 ST-15 ST-15 ST-15 ST-15 ST-15 ST-21E ST-72A ST-72A ST-72A ST-72B ST-72B ST-72B UST 18A UST 18B LIST 22^ 0,2) LIST Z215 0-3) VST 22C (1-3) VST 22D (1-4) UST 22E-1,2 UST 22~ 0-3) usT 22G (1-3) LIST 22H (1-3) UST 22I (1-3) UST 221 (1-3) LIST 22~C (1-3) VST 22L (1-3) Petroleum Products* Fuel oil Diesel Diesel Waste oil Waste oil Waste oil Hydraulic fluid Fuel oil Fuel oil Fuel oil Fuel oil Gasoline Gasoline Gasoline Gasoline Oil Off Waste oil JP-5 JP-5 Waste oil Oily waste 90-weight oil 30-weight oil Diesel fuel Mogas Lubricant oil JP-5 Oil Grease Hydraulic fluids Oil Grease Hydraulic fluid Gasoline Gasoline Fuel oil Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Date(s) of Storage and/or Operation 1964-Mar. 10,1993 1965-Sept/Oct 1993 1968-Sept/Oct 1993 1990- Mar. 1999 1990- Sept. 27,1994 1982-Sept. 27,1994 1980- Sept.19,1996 1944-1993 1943- Aug. 1996 1943- Sept. 1996 1953- Mar. 30,1993 1974- May 01, 1998 1974- May 01, 1998 1974- May 01,1998 1974- May 01, 1998 1974- May 01, 1998 1974- May 01, 1998 1974- May 01, 1998 removed June 22,1998 removed June 22,1998 Unknown 1940's-1996 unknown-1995 unknown-1995 unknown-1995 unknown-1995 unknown-1995 unknown-1991 1942-1997 1942-1997 1942-1997 1942-1982 1942-1982 1942-1982 1943-prior to 1991 1943-prior to 1991 1942-Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 1942- Nov. 1991 Stored (S), Released (R), or Disposed (D) s S s S s S s s s s s s s S s S s s s s S R S S S S S S R R R R R R S S S S $ S S S S S S S S S FOSL 3, MCAS Tustin 3 of 6 April 2002 Attachment 5 Petroleum Products Notification Table Carve Out Area Parcel 5 24 5 24 5 24 5 24 5 24 5 40 5 40 5 40,18 5 40,18 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 5 40 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 6 16 UST/AST or AOC UST 22M (1-3) UST 47 UST 66 UST 89 UST 268 AST 27 MWA-09 ST-23 ST-23 b-'r-47A ST-47A ST-47A ST-47A ST-47A ST-47B ST-47B $'F-47B ST-47B ST-47B UST 16 US-I' 27A UST 27B UST 10SA UST 105B UST 105C UST 10SD UST 10SE UST 105F AST 186 MD-01 MGR-02 MGR-02 MMS-03 MWA-07 MWA-08 ST-18A ST-18A ST-18A ST-18B ST-18B ST-18B ST-18C ST-18C ST-18C ST-19 ST-20A Petroleum Products* Gasoline Fuel oil Fuel oil Fuel oil Gasoline Diesel Oily waste Hydraulic oil Used JP-5 fuel Lubricating oil Grease Transmission oil Brake fluid Hydraulic fluid Lubricating oil Grease Transmission oil Brake fluid Hydraulic fluid Fuel oil Diesel Diesel Gasoline Gasoline Diesel Diesel Gasoline or diesel fuel Gasoline or diesel fuel Waste oil Flight Line fluid Waste oil Waste fluid Hydraulic fluid Oily water Oily water Contaminated absorbent oil Used fuel oil Oily rags Contaminated absorbent oil Used fuel oil Oily rags Contaminated absorbent oil Used fuel oil Oily rags Waste oil Gear oil Date(s) of Storage Stored (S), and/or Operation Released (R), oz Disposed (D) 1942- Nov. 1991 S 1942- Mar. 21, 1997 S 1944-prior to 1991 S removed Dec. 01,1999 S 1984-Dec. 1998 S removed Aug.12, 1997 S 1950-1970 R 1991-1995 S 1991-1995 S 1980-1992 S 1980-1992 S 1980-1992 S 1980-1992 S 1980-1992 S prior to 1980 S prior to 1980 S prior to 1980 S prior to 1980 S prior to 1980 S 1942-prior to 1991 $ 1942- Sept. 27&28,1994 S 1942- Sept. 27&28,1994 S 1952-Apr. 06,1993 S 1952-Apr. 06, 1993 S 1952-Apr. 06, 1993 S 1952-Apr. 15, 1993 S 1952-Apr. 15, 1993 S 1952-Dec. 14, 1995 S removed prior to 1997 S 1970's-1980's R 1960's-1999 S 1960's-1999 S unknown D unknown-1999 R unknown-1996 R 1991-1999 S 1991-1999 S 1991-1999 S 1995-1999 S 1995-1999 S 1995-1999 S 1991-1995 S 1991-1995 S 1991-1995 $ 1960-1999 S 1992-1998 $ FOSL 3, MCAS Tustin 4 of 6 April 2002 Attachment 5 Petroleum Products Notification Table Calve Parcel UST/AST or AOC Petroleum Products* Out Area 6 16 ST-20A Engine oil 6 16 S'F-20A Lubricant oil 6 16 ST-20B Gear oil 6 16 ST-20B Engine oil 6 16 ST-37A Oily rags 6 16 ST-37B Oily rags 6 16 ST-38A Hydraulic fluids 6 16 ST-38A JP-5 6 16 ST-38A Oily rags 6 16 ST-38B Hydraulic fluids 6 16 ST-38B JP-5 6 16 ST-38B Oily rags 6 16 ST-39 Lube oils 6 16 ST-48 Lubricating oils 6 16 ST-49 Lubricating oil 6 16 TOW-08A Oily waste 6 16 TOW-08B Waste oil 6 16 UST 29A Fuel oil 6 16 UST 186A Gasoline 6 16 UST 186B Diesel 6 16 UST 186C Gasoline 6 16 UST 186D Waste oil 7 16 MMS-01 JP-5 7 16 ST-16A Absorbent with fuel oil 7 16 ST-16A Used JP-5 fuel 7 16 ST-16B Absorbent with fuel oil 7 16 ST-16B Used JP-5 fuel 7 16 ST-17 Lubrication oil 7 16 ST-17 Hydraulic fluids 7 16 ST-17 Oil 7 16 $T-17 Detergent motor oil 10 28 TR-1 A Moffi t Trench waste 10 28 TR-1 B Moffit Trench waste 10 28 TR-1C Moffit Trench waste 10 28 TR-1 D Moffit Trench waste 11 1 AST 194A JP-5 11 1 AST 194B JP-5 11 1 MFL-1A JP-5 distribution system 11 1 MMS-02 (A,B,C) Aircraft fuel Date(s) of Storage and/or Operation 1992-1998 1992-1998 prior to 1992 prior to 1992 1991-1995 1991-1995 1991-1995 1991-1995 1991-1995 prior to 1991 prior to 1991 prior to 1991 1986-1996 1980-1995 1940's-1996 1970-1999 1970-1999 1942- Aug. 12,1993 1970-Sept/Oct 1993 1970-Sept/Oct 1993 1970-Sept/oct 1993 1970-Mar. 1999 1989 1991-1995 1991-1995 1991-1997 1991-1997 1989-1991 1989-1991 1989-1991 1989-1991 1983 1983 1983 1983 removed Mar.24,1999 removed Mar.24,1999 1964-1997 since 1988 Stored (S), Released (R), or Disposed (D) S S S S S S S S S S S S S S S S S S S S S S R S S S S S S S S S S S S S S S R Notes: * Petroleum Products - Basewide Environmental Baseline Survey, Tables 5-5, 5-6, and F-1 (BNI 2001). FOSL 3, MCAS Tustin 5 of 6 April 2002 Attachment 5 Petroleum Products Notification Table These UST/ASTs and AOCs contain petroleum products which fall within the scope of the CERCLA petroleum exclusion set forth in CERCLA Section 101(14). Acronyms/Abbrevia tions: AOC = area of concern AST = above ground storage tank DSD -- disposal, storm drain JP-5 --- jet propellant grade 5 MAE -- miscellaneuous, air emmisions MCD = missellaneous, crash drill site MDA -- miscellaneous, potential disposal area MFL -- miscellaneous, fuel line MGR ~ miscellaneous, grease rack MMS --- miscellaneous, major spill MWA -- miscellaneous, wash area ST -- storage, temporary STD = storage, designated hazardous waste storage area TOW = treatment, oil/water separator TR = treatment, groundwater treatment unit UST = underground storage tank FOSL 3, MCAS Tustin 6 of 6 April 2002 ATTACHMENT 6 DoD POLICIES ON ASBESTOS, LEAD-BASED PAINT, AND RADON AT BRAC PROPERTIES DoD Policies on Asbestos, Lead-Based Paint, and Radon at Base Realignment and Closure Properties [31 October 1994] December 1997 F-63 Policies on Asbestos, Lead-Based Paint, and Radon at BRAC Properties .m This page intentionally left blank F-64 December 1997 DoD Base Reuse Implementation Manual &CI~JJlIfTK)N &NJ:) ?t¢ld~Ol.O(aY OFFICE DF THE UNDER SECRETARY OF DEFENSE ~ D£F'~NS£ P~N'TAGON WASHINGTON DC; ~m.~Ol-~ FOR ,ASSISTANT SECRETARY OF ~ ARM~ 02qST~? ~-A'I'IONS, LOGIS~CS & ~0~ ~SI~~ ~~~Y OF ~ NA~ ~SI~~ ~~~Y OF ~ ~ FOR~ ~O~ SUBIF_.CT: Asbestos, Le~ Paint and Radon Policies at BR.AC Properties Thc purpose ofthis n~morandum is to mquesl tl~t you implement the attach~ D~panmcm of Ddens~ (DOD) polici,,, on asbestos, lead paint and r~lon it base re~lignm:nt sad dos~c ('BP, AC) pmperdes. _ As you n~ _r,~_~,ll~ these policies were dried ~d accepted within &e ~ ~o~m~ S~ C~ ~C) ~~. ~g ~ ~y 6, 1~, m~g ~e DESC a~t~ ~e ~ ~D ~ on ~on ~ B~C ~~. ~ ~t ~~ ~e ~ ~ Poh~ Bo~d ~SO~B) for ~on ~d a~. ~ ~ ~y 10, 1~, ~ ~ ESO~B ~t~ ~ ~ ~ ~ ~m on ~os ~ l~ p~t ~ B~C prop~. Subsequent to DF_SC and ESOHPB salon, these polices wen= coordinated ~ormally with the A.~is~am S~ of Det'ense ('Economic Security) and the Office ofth~ Deputy Omera] Counsel (Acquisition & Logistics). If there arc shy qvesdon~ concem~g this request, please cor, r. sa Ed Dyclan~ DESC E. xecudve Secrctar7 ~ 703-697-9107. ofDa%,~ (E.~ S~urity) Environmental SecurHy Defending Our Furore December 1997 F-.65 Policies on Asbestos, Lead-Based Paint, and Radon at BRAC Properties DOD POLICY ON ASBESTOS AT BASE REALIGNMENT AND CLOSURE PROPERTIES Department of Defense (DOD) policy with regard to asbestos-containing material (ACM) is to manage ACM in a manner protective of human health and the environment, and to comply with all applicable Federal, State. and local laws and regulations governing ACM hazards. Therefore, unless it is determined by competent authority that the ACM in the property does pose a threat to human health at the time of transfer, all property containing ACM will be conveyed, leased, or otherwise disposed of as is through the Base Realignment and Closure (BRAC) process. Prior to property disposal, all available information on the existence, extent, and condition of ACM shall be incorporated into the Environmental Baseline Survey (EBS) report or other appropriate document to be provided to the transferee. The survey report or document shall include: reasonably available information on the type, location, and condition of asbestos in any building or improvement on the property; any results of testing for asbestos; a description of any asbestos control measures taken for the property; any available information on costs or time necessary to remove all or any portion of the remaining ACM; however, special studies or tests to obtain this material are not required; and results of a site-specific update of the asbestos inventory performed to revalidate the condition of ACM. Asbestos-containing material shall be remedied prior to property disposal only if it is of a type and condition : 't~at'is not in compliance with applicable laws, regulations, and standards;.or if it poses a threat to human health at the time of transfer of the property. This remediation should be accomplished by the active Service organization, by the Service disposal agent, or by the transferee under a negotiated requirement of the contract for sale or lease. The remediation discussed above will not be required when the buildings are scheduled for demolition by the transferee; the transfer document prohibits occupation 'of the buildings prior to the demolition: and the transferee assumes responsibility for the management of any ACM in accordance with applicable laws. F-66 December 1997 APR 2S 2002 18:4] FR SWDIU MC BRAC 619 5G2 0?80 TO 99185826896?? P.O2~OE OFFICE OF THE UNDER SECRETARY OF DEFENSE WASHINGTON DC: ~:0301-3000 JAN. ACQUISITION AND TECHNOLOGY MEMORAhrDUM FOR ASSISTANT SECKETARY OF THE ARMY (INSTALLATIONS, LOGISTICS, AND ENVIRONMENT) ASSISTANT SE~ARY OF TI-]~ NAVY O'NSTAL~TIONS AND ENVIRONMENT) ASSISTANT SECRETARY OF THE AIR FORCE (M~POWER, RESERVE AFFA~S, LNSTALLATIONS AND ENVIRONMENT) DIRECTOR, DEFENSE LOGISTICS AGENCY SUBJECT: Lead-Based Paint Policy for Disposal of Residential Real Property The Department of Defense (DOD) policy is to managc Icad-based paint in a manner protective of human health and the environment and to comply with all applicable Federal, State, or local laws regulating lead-based paint and lead-based paint hazards. The attached Field Guide is a joint DoD and Environmental Protection Agency ('EPA) guidance document for use by DoD and EPA personnel in the evaluation and control of lead-based paint at DoD residential real property scheduled for disposition under the base realignment and closure (BKAC) program. Lead-based paint requh'ements axe defined by Title X, the Residential Lead-Based Paint Hazard P~duction Act of 1992, which amended the Lead-Based Paint Poisoning Prevention Act (42 U.$.C, Section 4822) and its implementing regulations (under thc EPA Toxic Substances Control Act LTSCA) Section 403 rule and the Department of Housing and Urban Development (HUD) Section 1013 rule). DoD will issue separate policy on lead-based paint requirements for transferring non-residential properties. Thc Field Guide provides a general roadmap summarizing the requirements for the evaluation and control of lead-based paint hazards in target housing as defined by Title X and TSCA. In addition to existing Title X requirements, the Field Guide also specifies some actions that exceed Title X requirements. These actions represent DoD's desire to go beyond actions strictly required by law to ensure that a~tivities taken in this regard are protective of human health and the environment. DoD policy is to: Abate soil-lead surrounding housing constructed between 1980 and 1978 (Title X requires abatement of lead-based paint hazards in target housing constructed prior to 1960), The transfer agreement may require the purchaser to perform the abatement activities. Evaluate the need for interim controls, abatement, or no action for bare soil lead concentrations between 400 and 2000 ppm (excluding children's play areas) based on the findings of the lead-based paint inspection, risk assessment, and criteria contained in the Field Guide. Enviranmental Security ~ Defending Our Future APR 25 2882 18:43 FR SWDIU MC BRAC 619 532 8?88 TO 991858268969? P.03/03 Evaluate and abate Icad-based paint hazards in stcucturcs reused as child-occupied facilities located on residential real property. Child-occupied facilities arc day care centers, preschools, and kindergarten classrooms visited r~gularly by children under six years of age. Evaluate and abate soil-lead hazards for target housing demolished and redevelopexi for residential use following transfer. Under Title X, residential dwellings that are demolished or not intended for occupancy after transfer do not require an inslaoction and risk assessment or leadobascd paint control and hazard abatement. However, DoD requires that the terms of property transfer include a requirement for the transferee to evaluate and abate any soil-lead hazards prior to occupancy of any newly constructed dwelling units. By adding these additional measures as a matter of policy, DoD believes it exceeds measures necessary to reduce potential lead exposures in children and will significantly contribute to the elimination of adverse effeets in children from exposures to lead from lead-based paint in federally-owned target housing subject to disposition. This lead-based paint policy supersedes the DoD 31 October 199a lead-based paint policy attached to the PADUSD (ES) memorandum, Asbestos, Lead Paint, and Radon Policies at BP, AC Properties. The asbestos and radon policies referenced in the memorandum remain in effect. Property transfer agreements executed under the previous policy are not required to meet these requirements. The effective date implementing these requirements is 30 March 2000. / Deputy Under S~rctary of Defense (Environmental Security) Attachment Policies on Asbestos, Lead-Based Paint, and Radon at BRAC Properties DOD POLICY ON RADON AT BASE REALIGNMENT AND CLOSURE PROPERTIES In response to concerns with the potential health effects associated with radon exposure, and in accordance with the Indoor Radon Abatement provisions of Subchapter III of the Toxic Substances Control Act, 26 U.S.C. 2661 to 267 I, the Department of Defense (DOD) conducted a study to determine radon levels in a representative sample of its buildings. In addition, as part of DoD's voluntary approach to reducing radon exposure, DoD has applied the Environmental Protection Agency (EPA) guidelines for residential structures with regard to remedial actions. DoD policy is to ensure that any available and relevant radon assessment data pertaining to Base Reali2nmcnt and Closure (BRAC) property being transferred shall be included in property transfer documents. DoD policy is not to perform radon assessment and mitigation prior to transfer of BRAC property unless otherwise required by applicable law. F;68 December 1997 ATTACHMENT 7 COMMENTS/RESPONSES TO COMMENTS .. inston H. Hickox Agency Secretary '" alifornia Environmental Protection Agency Department of Toxic Substances Control Edwin F. Lowry, Director 5796 Corporate Avenue Cypress, California 90630 Gray Davis Governor April 26, 2002 Mr. Keith S. Forman BRAC Environmental Coordinator Naval Facilities Engineering Command BRAC Program Office 1230 Columbia Street, Suite 1100 San Diego, California 92101-8517 FINDING OF SUITABILITY TO LEASE (FOSL) FOR CARVE-OUT AREAS 5, 6, 7, 8, 9, 10, AND 11, MARINE CORPS AIR STATION (MCAS) TUSTIN, TUSTIN, CALIFORNIA Dear Mr. Forman: On April 23, 2002, the Department of Toxic Substances Control (DTSC) received electronic versions of the revised text, tables and response to comments for the subject document, also known as FOSL 3. The revised text is postdated April 25, 2002. Subsequently, DTSC received electronic versions of revised text for indoor air quality (Section 4.8) on April 25, 2002, and Carve-Out Area 8 (Section 3.2.4) and monitoring wells (Section 4.16) on April 26, 2002. Based upon review of the revised text, tables and response to comments, DTSC comments forwarded on April 15 and 17, 2002 have been adequately addressed. The purpose of this FOSL is to document the conclusion that the property identified above is suitable for lease by a lease in furtherance of conveyance. This FOSL includes carve-out (CO) areas associated with the Finding of Suitability to Transfer for Parcels 23, 29, 34, 35, and 36 and Portions of 1, 16, 17, 24, 27, 28, 40 and 41, Marine Corps Air Station Tustin, California (FOST 3) was finalized on April 22, 2002. The CO areas encompass seven areas with ongoing environmental investigations or response actions. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at www. dtsc.ca.gov. Printed on Recycled Paper Mr. Keith S. Forman April 26, 2002 Page 2 DTSC concurs that the property associated with FOSL 3 can be leased with the specified conditions, notifications and restrictions in a manner that is protective of human health and the environment. Please note that for a majority of parcels, the specified ultimate use cannot be implemented until the restrictions have been removed, conditions have been met or notifications have been followed. Although DTSC is concurring on this FOSL, potential school sites and lead-based paint (LBP) may be issues for future transfer of property associated with some of the CO Areas. Potential school sites may be an issue for the future transfer of CO Area 5 (CO- 5). For transfer, DTSC will evaluate the suitability to transfer the property associated with CO-5 for the intended use. Several Parcels included in CO-5 are identified for educational/recreational use. DTSC concurrence on a FOST for these parcels will be dependent upon attainment of cleanup goals for residential use and the completion of a separate environmental review for school sites. The FOSL identifies the ultimate use of Parcels 1, 2, 17, 18, 19, 20 and 22 as educational/recreational that may include school sites, meaning kindergarten through grade 12 (elementary, middle and high schools). Should the subject parcels be considered for the proposed acquisition and/or construction of school properties utilizing state funding, a separate and comprehensive review pursuant to the California Education Code, section 17210 et seq., is required. The California Education Code requires that DTSC make a determination as to the suitability for school use based on this review. In addition to attainment of cleanup goals for residential use, if this requirement is not met, DTSC will not concur with the finding of suitability to transfer. Notification of potential LBP was provided based solely on the date of construction. As a result, there are 98 buildings and structures within the CO areas (CO-5, CO-6 and CO-10) that were constructed prior to 1978, the year when LBP products were discontinued. Based on the date of construction, LBP may be present on these buildings. Residential or child-occupied use of these buildings/structures is restricted. As a result, DTSC agrees that the buildings and structures can be leased, with the restrictions, in a manner that is protective of human health and the environment. However, LBP may be an issue for the future transfer of CO-5, CO-6 and CO-10. DTSC maintains that any lead released to soil from LBP is a release pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986. The surfaces of buildings and structures constructed prior to 1978 may have LBP that could be released to soil. DTSC will have to determine whether, pursuant to CERCLA 120(h)(3), all actions have been taken at CO-5, CO-6 and CO-10 to remedy potential releases of lead to the environment from LBP. Based on this determination, DTSC will decide if property associated with CO-5, CO-6 and CO-10 is suitable for transfer. Mr. Keith S. Forman April 26, 2002 Page 3 Please ensure that the revised text, tables, response to comments and all attachments are incorporated into the final version of the document. Thank you for providing DTSC with the opportunity to review this FOSL. If you have any questions regarding this letter, please contact Mr. Antaramam Peddada, Remedial Project Manager, at (714) 484-5415 or me at (714) 484-5395. Sincerely, Triss M. Chesney, P.E. Acting Unit Chief Base Closure/Reuse Unit Office of Military Facilities CC: Mr. James Ricks Project Manager U.S. Environmental Protection Agency (SFD-H-8) Region IX 75 Hawthorne Street San Francisco, California 94105 Ms. Patricia Hannon Project Manager Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, California 92501-3339 Mr. Dana Ogdon Senior Planner City of Tustin 300 Centennial Way Tustin, California 92780 Ms. Mary Lynn Norby, Co-Chairperson Restoration Advisory Board 14512 Emerywood Road Tustin, California 92780 Mr. Keith S. Forman April 26, 2002 Page 4 CC: Mr. Jerry Dunaway BRAC Environmental Coordinator Naval Facilities Engineering Command BRAC Program Office 1230 Columbia Street, Suite 1100 San Diego, California 92101-8517 Ms. Melanie Kito Remedial Project Manager Naval Facilities Engineering Command BRAC Program Office 1230 Columbia Street, Suite 1100 San Diego, California 92101-8517 ATTACHMENT 8 UNRESOLVED COMMENTS EXHIBIT E MCAS TUSTIN LEASE IN FURTHERANCE OF CONVEYANCE EXHIBIT E WORK EXEMPT FROM GOVERNMENT CONSENT (Note: This exhibit is inapplicable to Buildings 29 and 29A. All work must be in accordance with paragraph 13 of this lease, and Exhibit D, Finding of Suitability to Lease) . Existing roadways, sidewalks, gutters, bicycle and pedestrian crosswalks, trails and similar facilities including the creation of striped bicycle lanes or crosswalks within existing roadways. . Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety and City of Tustin Building Code requirements in accordance with paragraph 12 of this lease. 3. Addition of improvements to existing structures to comply with the Americans with Disabilities Act. . Ongoing maintenance of landscaping, native vegetation and irrigation systems to include planting and irrigation in areas previously disturbed by these activities and removal of vegetation and dead or unsalvageable trees or other vegetation. 5. In-kind replacement of building or site features. . Replacement or reconstruction of existing above-ground utility systems and/or facilities involving negligible or no expansion of capacity (where no utility pole installations are involved). 7. Temporary motion picture, television and theater stage sets and scenery. 8. Window awnings supported by an exterior wall when projecting no more than 54 inches. 9. Placement of seasonal or temporary structures and use items such as mobile food units, construction or temporary office trailers, and/or portable restrooms. 10. Interior building improvements and alterations such as wall and ceiling finishes, painting, repair and/or replacement of flooring, lighting, plumbing, and HVAC fixtures or systems and relocation and/or removal of non-bearing partition walls. 03-72952.01 EXHIBIT F iii m bJ EXHIBIT G EXHIBIT H LEASE RESTRICTION REVISON FORM Lease Restriction Revision (Navy Endorsement/Regulatory Review) Form Upon completion, this form shall be attached to the original Finding of Suitability to Lease (FOSL) under revision. SUBJECT: Parcel Identity FOSL Revision # ; Revision Date: NAVY ENDORSEMENT: Section 5: "Summary of Lease Restrictions" of the MCAS Tustin FOSL for above subject Parcel Identity is hereby revised as follows: Check TYPE OF REVISION Lease Restriction/Condition Number(s) Box (Refer to Section 5 of the FOSL) REMOVE ADD Text enclosed Yes ~ NoI MODII-Y (text enclosed) As a result of this revision, the following area(s) and/or facility(ties) is (are) now suitable for occupancy/access: Area(s) and/or facility(ties) which is (are) now not suitable for occupancy/access based on addition/modification of the restriction(s) is (are) as follow(s): The following enclosure(s) provide(s) the environmental documentation for each of the lease restriction/condition revisions identified above: BRAC ENVIRONMENTAL COORDINATOR DATE EPA CONSULTATIONS/REVIEW: ~ The environmental documentation for the revision to the lease restriction/conditions as identified in the above Navy Endorsement has been reviewed by this office. Based upon the information provided, this office is satisfied that the assessment is complete and has no comments regarding the Navy endorsement. ~ This office does not concur with the Navy endorsement. Review comments and the rationale for the lack of concurrence are provided by Attachment (1). ENVIRONMENTAL PROTECTION AGENCY DATE DTSC CONSULTATIONS/REVIEW: ~ The environmental documentation for the revision to the lease restriction/conditions as identified in the above Navy Endorsement has been reviewed by this office. Based upon the information provided, this office is satisfied that the assessment is complete and has no comments regarding the Navy endorsement. ~-~ This office does not concur with the Navy endorsement. Review comments and the rationale for the lack of concurrence are provided by Attachment (1). DEPARTMENT OF TOXIC SUBSTANCES CONTROL DATE