Phase I Environmental Assessment - 75 Acre Magellan Parcel

534 Pages·2012·15.3 MB·English

Exhibit RC-4B
Page 1 of 534

PHASE I ENVIRONMENTAL SITE ASSESSMENT
75 Acre Magellan Parcel
El Paso, Texas

AMEC REF. NO. 1167171140

Submitted To:

El Paso Electric Company
Environmental Affairs Department
P.O. Box 982
El Paso, TX 79960

Submitted By:
AMEC Environment & Infrastructure, Inc.
125 Montoya Road
El Paso, Texas 79932

January 16, 2012
Exhibit RC-4B
Page 2 of 534

January 16, 2012
AMEC Ref. No. 1167171140

El Paso Electric Company
Environmental Affairs Department
P.O. Box 982
El Paso, TX 79960

Attention: Mr. Mark Hoffman

Re: Phase I Environmental Site Assessment
75 Acre Tract, Magellan Parcel
El Paso, Texas

Dear Mr. Hoffman:

AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to present our report documenting
the results of a Phase I Environmental Site Assessment (ESA) of the above referenced
property. This report includes discussions concerning our assessment methods, the scope of
work performed, the history of development, a description of soil and groundwater conditions,
and a discussion of the potential for regulated materials or conditions on or near the subject site.

Should you have any questions concerning this report please contact us at your convenience.

Respectfully submitted,

AMEC Environment & Infrastructure, Inc. Reviewed by:
Texas Registered Engineering Firm F-0012
Texas Registered Geoscience Firm 50184

Jamie Barnes, PG Mark Weatherly, PG
Principal Project Manager
[email protected] [email protected]

P:\ENG_data\2011 Jobs\1167171140 Phase I 75 Acre Magallen Parcel\Final Report\Phase I ESA_FINAL.doc
AMEC Environment & Infrastructure, Inc.
125 Montoya Road
El Paso, Texas 79932 USA
Tel [phone]
Fax [phone]
www.amec.com/earthandenvironmental
Exhibit RC-4B
Page 3 of 534
AMEC Ref No. 1167171140
Phase I Environmental Site Assessment
75 Acre Magallen Parcel, El Paso, Texas
Page (i)

EXECUTIVE SUMMARY

A Phase I Environmental Site Assessment (Phase I ESA) of an approximately 75 acre parcel of
land located north of Montana Avenue between the Magallen El Paso Terminal and Flagger
Street in El Paso, Texas, was completed by AMEC Environment & Infrastructure, Inc. (AMEC) in
December 2011 and early January 2012. The subject property is currently owned by Magellan
Pipeline Company LP (Magellan). It is understood that El Paso Electric Company (EPE) intends
to acquire the property for future development.

This Phase I ESA was performed in general accordance with the scope and limitations of the
American Society for Testing and Materials (ASTM) Standard Practice E 1527-05. The purpose
of this assessment was to evaluate whether evidence exists to suggest that
hazardous/regulated materials or adverse environmental conditions are, or may be, present at
the surface, in the subsurface, or in groundwater beneath the site. The scope of work
performed included research and review of publicly available records and information
concerning the history of site development, the geologic and hydrogeologic setting, and
environmental regulatory agency activities in the area. A reconnaissance was performed to
observe and record pertinent data concerning current local conditions and interviews with
persons knowledgeable of the site were conducted.

The findings of this Phase I ESA indicate that the subject site is primarily undeveloped lands
with the exception of petroleum pipeline easements crossing the southern end of the parcel.
Pipeline easements also exist immediately north and west of the property line. The property is
bound to the south and west by Magellan’s El Paso Terminal. Land to the east is relatively
undeveloped land, as is land north of the pipeline easement, portions of which owned by the
Department of Defense (DOD).

Illegal dumping was observed across the site, primarily along unpaved roadways at the northern
end of the site and a main north-south trending road crossing the central portion of the site.
Debris observed includes tires, construction debris and residential waste, although minor areas
of hydrocarbon staining and paints were also observed. Some historic site grading was noted
on and near the pipeline easements and at the southwestern corner of the site near the
Magellan facility.

During the reconnaissance a 1 to 1-1/2 inch metal pipe was identified which runs north-south for
several hundred feet near the eastern property boundary. Evidence of ground disturbance in
this area was also noted in aerial photographs reviewed. The line is believed to be a historic
water line, now abandoned.

A series of culverts exist near the fence line bordering the Magallen facility yard on the western
boundary of the southern half of the site. These culverts lead into a drainage ditch and low area
located on the site (within the area occupied by pipeline easements). No direct evidence of
impacts emanating from this area were noted, however, baseline sampling was recommended
to evaluate the potential for runoff from the Magallen yard. No impacts were identified. It is
Exhibit RC-4B
Page 4 of 534
AMEC Ref No. 1167171140
Phase I Environmental Site Assessment
75 Acre Magallen Parcel, El Paso, Texas
Page (ii)

recommended protective measures be implemented to minimize the potential for future impacts
to affect this area.

Review of available data from regulatory agencies indicated that the subject site does not
appear on any of the researched regulatory agencies records.

No sites listed under NPL, delisted NPL, proposed NPL, NPL liens, CERCLIS, CERCLIS-
NFRAP, RCRA CORRACTS, RCRA TSD, RCRA LQG, RCRA CESQG, ERNS, INST/ENG
Controls, or FINDS facilities were identified within the applicable ASTM search radii. A RCRA
SQG (Small Quantity Generator) listed as Safety-Kleen Systems, located at 4050 Flagger Street
was noted at a location approximately 1/8 mile east of the site. No know violations from this
facility were identified. In addition, a RCRA-No Gen (a facility that does not presently generate
wastes, but was otherwise listed), was identified. This facility, Clean America of Texas Inc, is
located at 13901 Montana about ¼ mile east of the site. This facility does not generate wastes
but has been cited for past transportation and record keeping violations. No reports of a release
at either facility were noted.

Our review of available data from regulatory federal agencies concerning the El Paso Terminal
(Magellan) facility located at 13551 Montana Avenue in El Paso Texas is also listed as a RCRA-
NonGen (TXR000049304). Available records also showed the site being listed as a RCRA-
LQG facility during 2002, 2004 and 2008. In May 21, 2009 the El Paso Terminal changed its
status to RCRA-NonGen. Several violations were noted in the database yet these were
categorized as minor or moderate and appear to have been resolved in a timely manner.

The Texas Commission on Environmental Quality (TCEQ) records reviewed for the El Paso
Terminal showed the facility currently conducting remediation activities under the IHW
Corrective Action Program. An Affected Property Assessment Report (APAR) was submitted by
Magellan Midstream Partners, L.P. on December 9, 2010. Based on the review of the limited
portions of the APAR provided to AMEC, the chemicals of concern (COC) concentrations did
not exceed the critical commercial/industrial Protective Concentration Levels (PCLs) developed
for the affected property. It was recommended by the Magellan consultant that an institutional
control be filed within the real property records of the El Paso County restricting the affected
property land use to commercial/industrial, and no further response actions would be required.
TCEQ sent a Notice of Deficiency (NOD) to Magellan on March 4, 2011 stating that additional
assessment was required in order to vertically delineate down to the Method Quantitation Limit
(MQL) and that groundwater assessment may be required. A response to the comments
addressed in the NOD was generated by Zephyr Environmental on March 10, 2011. In this
response, Zephyr states that it believed vertical delineation was achieved since borings
extended below the target depth in borings placed in close proximity to the impacted zone. The
TCEQ responded on May 19, 2011 with a letter stating that they do not concur with Zephyr’s
conclusion and directed additional vertical delineation sampling to be conducted.

An October 28, 2011 letter from Zephyr discusses a July 1, 2011 meeting in which the TCEQ
appears to have approved the APAR as submitted without additional assessment, with the
provision that a deed notice would be generated for the release. No additional documentation
confirming whether the TCEQ has approved the APAR or deed recordation was received.
Exhibit RC-4B
Page 5 of 534
AMEC Ref No. 1167171140
Phase I Environmental Site Assessment
75 Acre Magallen Parcel, El Paso, Texas
Page (iii)

No State Superfund, SWL/LF, VCP, current or historic SPILLS, or MSD facilities were listed
within the applicable ASTM search radii. Additionally, no State listed institutional or engineering
controls, or AULs Liens were listed for properties within a ½-mile radius of the subject property.
The Flying J Travel Center facility located at 13551 Montana Avenue, approximately 1/8 to the
west of the subject property is equipped with one 12,000-gallon gasoline UST and three 20,000-
gallon diesel USTs. The Super Stop convenience store (13900 A Montana Avenue) is listed on
the UST (underground storage tank) database. According to the database records reviewed,
this site has one 20,000 gallon gasoline tank of single wall fiberglass reinforced plastic
construction. Neither facility was identified as having a release and based on the available
information are not considered to represent a recognized environmental condition to the subject
site at this time.

Petroleum pipeline easements exist on the northern and western margin of the site and lines
cross the southern half of the site. No reported releases were identified during our review of
available databases or during our interviews with Magellan personnel. No surficial evidence of
releases was identified. Limited evaluation of subsurface conditions during a concurrent Phase
II ESA did not identify evidence of a release. The presence of these lines (as well as the
adjacent bulk storage/transfer facility) presents an on-going concern. These facilities are;
however, tightly regulated and a responsible party would likely be identified to address any
release. EPE should monitor the activities in the easement to protect their interests in the
future.

In summary, although significant historic dumping has occurred at the site, no items deemed to
be a recognized environmental condition as defined by ASTM (other than existing pipeline
easements) were identified on the subject property. AMEC recommends that the solid waste
debris be disposed of in accordance with state and federal regulations.
Exhibit RC-4B
Page 6 of 534
AMEC Ref No. 1167171140
Phase I Environmental Site Assessment
75 Acre Magallen Parcel, El Paso, Texas
Page (iv)

TABLE OF CONTENTS

EXECUTIVE SUMMARY ............................................................................................................ i(cid:1)
1.0(cid:1) INTRODUCTION ............................................................................................................ 1(cid:1)
1.1(cid:1) PURPOSE .................................................................................................................. 1(cid:1)
1.2(cid:1) TERMS AND CONDITIONS ....................................................................................... 1(cid:1)
1.3(cid:1) LIMITATIONS AND EXCEPTIONS OF THIS ASSESSMENT ..................................... 1(cid:1)
1.4(cid:1) METHODOLOGY ....................................................................................................... 2(cid:1)
1.4.1(cid:1) DEVELOPMENT OF SITE HISTORY ..................................................................... 2(cid:1)
1.4.2(cid:1) HYDROGEOLOGIC EVALUATION ........................................................................ 3(cid:1)
1.4.3(cid:1) SITE RECONNAISSANCE ..................................................................................... 4(cid:1)
1.4.4(cid:1) PROFESSIONAL QUALIFICATIONS ..................................................................... 4(cid:1)
2.0(cid:1) SITE OVERVIEW ........................................................................................................... 4(cid:1)
2.1(cid:1) LOCATION AND LEGAL DESCRIPTION ................................................................... 4(cid:1)
2.2(cid:1) HISTORY OF PROPERTY USE ................................................................................. 5(cid:1)
2.2.1(cid:1) REVIEW OF AERIAL PHOTOGRAPHS ................................................................. 5(cid:1)
2.2.2(cid:1) REVIEW OF FIRE INSURANCE MAPS .................................................................. 6(cid:1)
2.2.3(cid:1) REVIEW OF PROPERTY TAX FILES .................................................................... 6(cid:1)
2.2.4(cid:1) REVIEW OF RECORDED LAND TITLE RECORDS ............................................... 6(cid:1)
2.2.5(cid:1) USGS TOPOGRAPHIC MAPS ............................................................................... 7(cid:1)
2.2.6(cid:1) CITY DIRECTORIES .............................................................................................. 8(cid:1)
2.2.7(cid:1) ENVIRONMENTAL LIENS OF ACTIVITY AND USE LIMITATIONS ....................... 8(cid:1)
2.2.8(cid:1) INFORMATION FROM INTERVIEWS .................................................................... 8(cid:1)
2.2.9(cid:1) REVIEW OF PREVIOUS ENVIRONMENTAL REPORTS ....................................... 9(cid:1)
2.2.10(cid:1) SUMMARY OF HISTORIC INFORMATION REVIEW ......................................... 9(cid:1)
3.0(cid:1) PHYSICAL SETTING ..................................................................................................... 9(cid:1)
3.1(cid:1) TOPOGRAPHY .......................................................................................................... 9(cid:1)
3.2(cid:1) GEOLOGIC SETTING ................................................................................................ 9(cid:1)
4.0(cid:1) INFORMATION FROM SITE RECONNAISSANCE ......................................................10(cid:1)
4.1(cid:1) CURRENT SITE USE AND DESCRIPTION OF IMPROVEMENTS ...........................10(cid:1)
4.3(cid:1) PRESENCE OF ASBESTOS .....................................................................................11(cid:1)
4.4(cid:1) PETROLEUM STORAGE TANKS .............................................................................11(cid:1)
4.5(cid:1) INDICATIONS OF PCBs ...........................................................................................11(cid:1)
4.6(cid:1) INDICATIONS OF SOLID WASTE DISPOSAL ..........................................................12(cid:1)
4.7(cid:1) UTILITIES, DRAINS, WELLS, SEPTIC SYSTEMS ....................................................12(cid:1)
4.8(cid:1) EVIDENCE OF LEACHATE OR SEEPS ....................................................................12(cid:1)
4.9(cid:1) LANDFILLS, DUMPING, DISTURBED SOIL .............................................................12(cid:1)
4.10(cid:1) EVIDENCE OF STAINED OR DISCOLORED SOIL ..................................................12(cid:1)
4.11(cid:1) AIR EMISSIONS OR WASTEWATER DISCHARGES ...............................................12(cid:1)
4.12(cid:1) EVIDENCE OF GROUNDWATER OR SURFACE WATER CONTAMINATION ........12(cid:1)
4.13(cid:1) EVIDENCE OF MONITORING WELLS OR REMEDIAL ACTIVITIES ........................13(cid:1)
4.14(cid:1) FARM WASTES ........................................................................................................13(cid:1)
4.15(cid:1) USE OF PESTICIDES, HERBICIDES, SOIL CONDITIONERS OR FERTILIZERS ....13(cid:1)
4.16(cid:1) AREAS OF DISTRESSED, DISCOLORED OR STAINED VEGETATION .................13(cid:1)
4.17(cid:1) WATER BODIES .......................................................................................................13(cid:1)
4.18(cid:1) SURFACE WATER IMPOUNDMENTS OR HOLDING PONDS .................................13(cid:1)
Exhibit RC-4B
Page 7 of 534
AMEC Ref No. 1167171140
Phase I Environmental Site Assessment
75 Acre Magallen Parcel, El Paso, Texas
Page (v)

4.19(cid:1) RADON .....................................................................................................................13(cid:1)
4.20(cid:1) OTHER CONDITIONS OF CONCERN ......................................................................14(cid:1)
4.21(cid:1) CURRENT USE OF ADJACENT PROPERTIES .......................................................14(cid:1)
5.0(cid:1) REGULATORY RECORDS REVIEW ............................................................................14(cid:1)
5.1(cid:1) FEDERAL RECORDS REVIEW ................................................................................15(cid:1)
5.2(cid:1) STATE OF TEXAS RECORDS REVIEW ...................................................................16(cid:1)
5.3(cid:1) LOCAL ENVIRONMENTAL RECORDS REVIEW ......................................................20(cid:1)
5.3.1(cid:1) CITY OF EL PASO ENVIRONMENTAL SERVICES DEPARTMENT .........................20(cid:1)
5.3.2(cid:1) CITY OF EL PASO FIRE DEPARTMENT ..................................................................20(cid:1)
5.3.3(cid:1) TCEQ RECORDS REVIEWED ..................................................................................20(cid:1)
6.0(cid:1) DATA GAPS AND DATA FAILURES ...........................................................................20(cid:1)
7.0(cid:1) PHASE II ACTIVITIES ..................................................................................................21(cid:1)
8.0(cid:1) CONCLUSIONS AND RECOMMENDATIONS .............................................................21(cid:1)

TABLES AND FIGURES

Table 1 – Results of Federal Records Review
Table 2 – Results of State Records Review
Table 3 – Results of State Records Review for El Paso Terminal

Figure 1 – USGS Topographic Map
Figure 2 – Site Plan
Exhibit RC-4B
Page 8 of 534
AMEC Ref No. 1167171140
Phase I Environmental Site Assessment
75 Acre Magallen Parcel, El Paso, Texas
Page (vi)

APPENDIX A
Professional Qualifications ...................................................................................................... A-1

APPENDIX B
EPCAD Property Information/Chain of Title ............................................................................. B-1

APPENDIX C
Historic Aerial Photographs ..................................................................................................... C-1

APPENDIX D
Sanborn Fire Insurance Map Search ....................................................................................... D-1

APPENDIX E
Historic Topographic Maps ........... …………………………………………………………………..E-1

APPENDIX F
City Directory Search…….……………… ....................... …………………………………………..F-1

APPENDIX G
Local Agencies Responses .................................................................................................... G-1

APPENDIX H
Selected Site Photographs ...................................................................................................... H-1

APPENDIX I
Environmental Questionaries ................................................................................................... I-1

APPENDIX J
EDR Regulatory Database Report .......................................................................................... J-1

APPENDIX K
El Paso Terminal Records ...................................................................................................... K-1
Exhibit RC-4B
Page 9 of 534
AMEC Ref No. 1167171140
Phase I Environmental Site Assessment
75 Acre Magallen Parcel, El Paso, Texas
Page (1)

1.0 INTRODUCTION

A Phase I Environmental Site Assessment (Phase I ESA) of a parcel of land located north of
Montana Avenue (US 62/180) between the Magellan Pipeline Company’s El Paso Terminal
(located at 13551 Montana Avenue Street) and Flagger Street in El Paso, Texas was completed
by AMEC Environment & Infrastructure, Inc. (AMEC) during December 2011 and January 2012.
It is understood that El Paso Electric Company (EPE) intends to acquire the property for future
development.

1.1 PURPOSE

The purpose of this assessment was to evaluate whether evidence exists to suggest that
hazardous or regulated materials are, or may be, present at the surface, in the subsurface
profile or in groundwater beneath the site. It should be noted that the presence of contaminants
at a particular property may not always be apparent and the completion of a Phase I ESA
cannot provide a guarantee that hazardous wastes or materials do not exist at a site.

As utilized in this report, "hazardous materials" is synonymous with hazardous, toxic, infectious,
petroleum-based or radioactive substances, materials or wastes in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") as amended by
the Superfund Amendment and Reauthorization Act of 1986 (PL 99-499); the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Toxic Substance Control Act,
15 U.S.C. Section 2601, et seq.; the Resource Conservation and Recovery Act, as amended,
42 U.S.C. Section 6901 et seq.; and in the rules or regulations adopted and guidelines
promulgated pursuant to said laws.

1.2 TERMS AND CONDITIONS

Initial project details were provided by Mr. Mark Hoffman and Mr. Roger Chacon of EPE through
conversations with Mr. Jamie Barnes and Mark Weatherly of AMEC. AMEC received written
authorization via EPE Purchase Order No. 138020 with EPE on November 14, 2011; however,
full access to the site was not provided until December 6, 2011 when written authorization and a
site safety orientation were provided. Owner questionnaires were not received from Magellan
until January 12, 2012. Work was conducted on the project in accordance with AMEC Proposal
No. 11-10-21E dated October 19, 2011.

1.3 LIMITATIONS AND EXCEPTIONS OF THIS ASSESSMENT

The scope of work performed included a review of published literature, aerial photographs, and
data available from federal, state, and local agencies. A reconnaissance was performed of the
property and immediately adjacent parcels to observe current local conditions. The scope of
work did not include sampling and testing for the presence of mold, formaldehyde, asbestos, or
lead-based paint; chemical analyses of air, soil, or groundwater; on-site radiometric surveys for
radon gas; testing for lead in drinking water; wetland or floodplain investigations; or an inquiry
with regard to endangered species or cultural resources.
Exhibit RC-4B
Page 10 of 534
AMEC Ref No. 1167171140
Phase I Environmental Site Assessment
75 Acre Magallen Parcel, El Paso, Texas
Page (2)

Furthermore, the scope of work for this Phase I ESA did not include evaluation of potential
environmental impact of any proposed future development at the subject site (i.e., impact
assessments compliant with the National Environmental Policy Act).

It should be recognized that certain limitations exist in an assessment involving an appraisal of
subsurface or hazardous material conditions. This evaluation does not preclude that hazardous
or regulated materials are present, but may reduce the risk that they will be encountered.

This report has been prepared on behalf of and for the exclusive use of our Client (El Paso
Electric Company), and solely for use in their environmental evaluation at the site. This report
and the findings herein shall not, in whole or in part, be disseminated or conveyed to any other
party, nor used or relied upon by any other party, in whole or in part, without the written
authorization from El Paso Electric Company and AMEC. Provided that the report is still
reliable, and less than 12 months old, AMEC may issue third-party reliance letters to parties the
Client identifies in writing, upon payment of the then current fee for such letters. All third parties
relying on AMEC’s report, by such reliance agree to be bound by our proposal and AMEC’s
standard reliance letter. AMEC’s standard reliance letter indicates that in no event shall AMEC
be liable for any damages, howsoever arising, relating to third-party reliance on AMEC’s report.
No reliance by any party is permitted without such agreement.

1.4 METHODOLOGY

This Phase I ESA has been performed in general accordance with the scope and limitations of
the American Society for Testing and Materials (ASTM) Standard Practice E 1527-05. Any
exceptions to, or deletions from, this practice are described in Section 1.3 of this Phase I ESA.
ASTM E 1527-05 has been developed to assist prospective purchasers of commercial property
in partially satisfying the needs of the Environmental Protection Agency’s (EPA’s) rule described
in 40 CFR 312 – Standards and Practices for All Appropriate Inquiries (AAI). We believe this
assessment meets the level of care and technical complexity currently practiced by
environmental professionals within our service area for projects of a similar scope. However,
due to the inherent limitations of an assessment of the behavior of contaminants in the natural
environment, it would be invalid to provide a certification as to the absence of hazardous or
regulated materials at the site.

1.4.1 DEVELOPMENT OF SITE HISTORY

To examine whether there is evidence of prior land use that may have included the possible
storage, use or disposal of hazardous or regulated materials on the site, the following
documents were collected and reviewed:

• Aerial photographs showing the site area taken in the years 1936, 1956, 1967, 1974,
1979, 1988, 1996, 2004, 2005, and 2008. In addition, 1998, 2003, 2006, 2007 and 2010
aerial photography was accessed via GoogleEarth®. Earlier aerial photographs for the
area were not readily available. A review of historical aerial photography may indicate
past activities at a site that either may not be documented by other means or observed
during a site visit. The effectiveness of this technique depends on the scale and quality