Facility Site ID: 73975762 Cleanup Site ID: 3013

Status Update - Environmental Covenant Removal

Environmental Covenant Removal
Environmental Covenant Removal

The southern portion of the Bothell Landing site (18120, 18126, 18132 Bothell Way NE) lies on Tax Parcel 4 (King County Parcel number 9457200015)south of SR 522.
 
Tax Parcel 4 had petroleum and arsenic impacts to ground water that exceeded cleanup levels.  Tax Parcel 4 is under a May 13, 2020 environmental covenant. 

 

All petroleum contaminated sources have been removed at Tax Parcel 3 and Tax Parcel 4. Groundwater monitoring data collected between 2020 and 2022 shows localized and naturally high arsenic in some groundwater wells, and total petroleum hydrocarbons (TPHs-diesel and heavy oil) are sporadically detected.  The sporadic detections are due to degradation products (polar metabolites) of TPHs in groundwater.  Ecology has determined that the naturally occurring arsenic and petroleum degradation products do not pose any threat to human health and the environment.

Responsiveness Summary now available

The Department of Ecology (Ecology) and the City of Bothell (City) held a 20-day comment period (January 19 - February 7, 2023) to remove the environmental covenants for portions of the Bothell Landing, Bothell Former Hertz, and Bothell Paint & Decorating sites.

Ecology received seven comments regarding removing the environmental covenants for

  • Bothell Paint and Decorating  (18004 & 18005 Bothell Way N.) - Tax Parcel 3 – King County Parcel # 9457200072.
  • Bothell Former Hertz (18030 Bothell Way NE) and Bothell Landing (18120, 18126, 18132 Bothell Way NE) - Tax Parcel 4 – King County Parcel # 9457200015. 

Ecology has reviewed and considered all the public comments. No significant changes will be made to the environmental covenants.  Ecology will remove the environmental covenants from the respective Tax Parcel 3 and Tax Parcel 4.  

A copy of the termination of the Environmental Covenants will be posted on our website and available at the repositories.

Bothell Landing site is one of six sites in the historic downtown area that have received grant funding from Ecology to help with the cost of cleanup.

Site Background

The City of Bothell (Bothell) is the current owner of the property south of the intersection of SR 522 and SR 527, at 18120, 18132, and 18126 Bothell Way NE, Bothell (King County Tax Parcel Nos. 945720-0015) and 10001 Woodinville Dr. (King County Tax Parcel No. 945720-0020) as well as the adjacent right-of-way. Bothell acquired the right-of-way property in the late 1990’s and acquired the remaining Bothell Landing Property in 2007. They entered into an Agreed Order with Ecology in 2009 for investigation of contamination on the site.

 A strip mall, restaurants, and historic gas stations with multiple abandoned petroleum underground storage tanks (USTs) formerly occupied the site. Initially, a portion of this site was acquired by Bothell for roadway widening and construction of a small park (Rotunda Park). In the course of redevelopment, five underground storage tanks and approximately 385 tons of petroleum contaminated soil were encountered and removed during construction of the park in 1998. Two gasoline service stations were formerly located on the north and northeast portions of the Bothell Landing site. One of the stations was likely associated with the five underground storage tanks.

The Bothell Landing Site was under the Voluntary Cleanup Program and Ecology issued an Interim No Further Action letter in 2002 for site soils (excluding ground water). The property owner recorded a restrictive covenant for the site in 2002 confirming that petroleum-affected soils and ground water exist at the site. Ecology removed the site from the Voluntary Cleanup Program in 2006 due to a lack of activity. Also in 2006, Ecology issued a Further Action Determination at the Site. The Further Action Determination stated that Ecology would review the No Further Action determination based on further ground water data showing compliance with the MTCA cleanup levels for petroleum hydrocarbons and aromatic hydrocarbons at the site (Riley Group, 2007).

An environmental investigation conducted at the Site in 2007 included soil and ground water samples at two locations. One location was at the vicinity of the former underground storage tank location near the north property boundary. The second location is at the central and southern portion of the Site, where historic fill activities are suspected. Chlorinated volatile organic compounds were detected in ground water samples. The source of these organic compounds is the nearby Ultra Custom Care Cleaners site, which is being cleaned up separately

Interim action soil cleanups were conducted in September and October 2010, October 2013 to May 2014, September 2015, and January 2017. Following the excavations, confirmation samples were taken. Oxygen Release Compound (ORC) was placed in the 2010 excavation. The remedy for the Site is a combination of actions:

• excavation of contaminated soils (already completed as interim actions),
• engineering controls (capping under roadways, already completed),
• institutional controls (environmental covenants restricting access to soil and groundwater), and
• groundwater compliance monitoring to determine when cleanup standards have been met and if groundwater arsenic is natural background or induced by petroleum hydrocarbon degradation.

Chemicals of concern remaining after the interim action:  

  • In soil: Gasoline range petroleum hydrocarbons and benzene
  • In groundwater: Arsenic

Remaining soil impacts are located under an active roadway (SR 522).

Groundwater monitoring data collected between 2020 and 2022 shows localized and naturally high arsenic in some groundwater wells, and total petroleum hydrocarbons (TPHs-diesel and heavy oil) are sporadically detected.  The sporadic detections are due to degradation products (polar metabolites) of TPHs in groundwater.  Ecology has determined that the naturally occurring arsenic and petroleum degradation products do not pose any threat to human health and the environment.

Site use restrictions called institutional controls are in effect

Institutional controls can be fences, signs, or restrictions on how the property is used. For instance, an institutional control may prohibit installing drinking water wells or disturbing a protective cap that isolates contamination. These restrictions keep the contamination contained and keep people from being exposed to the contamination. The controls are usually listed in environmental covenants recorded with the county.

Periodic reviews are required when institutional controls are required at a site. Ecology conducts reviews to make sure the controls remain effective and the cleanup still protects human health and the environment. We conduct periodic reviews about every five years.

Environmental Covenant

County Recording #: 20020104001469
County Recording Date: 1/4/2002

Restrictions/Requirements

  • Ongoing Maintenance of Remedy
  • Prohibit Removal or Alteration of Existing Buildings
  • Prohibit Soil Disturbance
  • Restrict All Ground Water Extraction/Well Installation
  • Restrict Land Use

Restricted Media

  • Groundwater
  • Soil

Environmental Covenant

County Recording #: 20200513000356
County Recording Date: 5/13/2020

Restrictions/Requirements

  • Control Vapor/Gas
  • Maintain/Protect Monitoring System
  • Ongoing Maintenance of Remedy
  • Restrict All Ground Water Extraction/Well Installation

Restricted Media

  • Groundwater

Other Upland Instrument

County Recording #:
County Recording Date:

Restrictions/Requirements

  • Maintain/Protect Monitoring System
  • Ongoing Maintenance of Remedy
  • Prohibit Soil Disturbance
  • Restrict All Ground Water Extraction/Well Installation
  • Restrict Domestic Ground Water Extraction/Well Installation

Restricted Media

  • Groundwater
  • Soil
Legal 13
Document Title Document Date Document Type
Bothell Landing and Bothell Former Hertz - Environmental Covenant removal 5/16/2023 Environmental Covenant; Alternative Mechanism - Removed
City's Response to the NFA Letter 9/12/2022 NFA Letter – non-VCP
NFA Letter 8/15/2022 NFA Letter – non-VCP
Memorandum of Agreement between the Washington State Department of Ecology (Ecology) and the City of Bothell (City) regarding City Streets and Right-of-ways at MTCA Sites 7/9/2021 Interlocal/Interagency Agreement; Memorandum of Agreement or Understanding
Environmental Covenant for Parcel 4 - Landing and Former Hertz Site 5/13/2020 Environmental Covenant; Alternative Mechanism
Final Agreed Order No. DE 15746 Bothell Landing (Cleanup) 6/11/2018 Agreed Order
Bothell Landing Cleanup Agreed Order 2018 (Public Review Draft) 4/5/2018 Agreed Order
Satisfaction of Agreed Order No. DE 6294 for the Bothell Landing Facility 1/31/2018 Order Notice of Satisfaction/Status
Bothell Landing Final AO amendment 6/10/2010 Agreed Order Amendment
Agreed Order Amendment 1- Bothell Landing 6/9/2010 Agreed Order Amendment
Bothell Landing- Final Agreed Order 3/27/2009 Agreed Order
Bothell Landing Agreed Order DE6294 2/3/2009 Agreed Order
Environmental Covenant Bothell Landing 2002 1/4/2002 Environmental Covenant; Alternative Mechanism
Leaking Underground Storage Tank 1
Document Title Document Date Document Type
Bothell Landing (Triangle Park) - LUST Site Assessment 6/10/2014 LUST - Site Assessment Report
Public Information 9
State Environmental Policy Act 4
Technical Reports 36
Document Title Document Date Document Type
Quarterly Progress Report October - December 2020 1/4/2021 Progress Report
Quarterly Progress Report July - September 2020 10/1/2020 Progress Report
Quarterly Progress Report April - June 2020 7/7/2020 Progress Report
Annual Groundwater Compliance Monitoring Report Bothell Paint, Bothell Hertz, and Bothell Landing Sites Bothell, Washington 6/23/2020 Groundwater Monitoring Report
Quarterly Progress Report January - March 2020 4/1/2020 Progress Report
Quarterly Progress Report #7 Oct 1 - Dec 31, 2019 1/15/2020 Progress Report
Quarterly Progress Report #6 July 1 - Sept 30, 2019 10/1/2019 Progress Report
Quarterly Progress Report #5 Apr 1 - Jun 30, 2019 7/1/2019 Progress Report
Quarterly Progress Report #4 Jan 1 - Mar 31, 2019 4/1/2019 Progress Report
Quarterly Progress Report #3 Oct 1 - Dec 31, 2018 1/3/2019 Progress Report
Quarterly Progress Report #2 July 1 - Sep 30, 2018 10/1/2018 Progress Report
Quarterly Progress Report #1 April 1 - June 30, 2018 7/2/2018 Progress Report
Compliance Ground Water Monitoring Plan Bothell Landing Site Bothell, Washington 6/5/2018 Cleanup Action Plan
Final Cleanup Action Plan Bothell Landing Site Bothell, Washington 5/24/2018 Cleanup Action Plan
Final Remedial Investigation/Feasibility Study Report Bothell Landing Site; 5/24/2018 Remedial Investigation / Feasibility Study
Compliance Ground Water Monitoring Plan Bothell Landing Site Bothell, Washington 1/2/2018 Cleanup Action Plan
Draft Cleanup Action Plan Rev1 Bothell Landing Site Bothell, Washington 8/10/2017 Cleanup Action Plan
Draft Final Remedial Investigation/Feasibility Study Report Bothell Landing Site Bothell, Washington 8/10/2017 Remedial Investigation / Feasibility Study
Progress Report for Period Ending June 2013 8/9/2013 Progress Report
Progress Report for Period Ending March 2013 4/8/2013 Progress Report
Progress Report for Period Ending December 2012 1/28/2013 Progress Report
Bothell Landing- Final RI/FS Work Plan 12/16/2011 Remedial Investigation / Feasibility Study
Bothell Landing- RI/FS Work Plan Submittal and Notice to Proceed with Phase 1 RI/FS Work 12/16/2011 Site Specific Technical Document - other
Progress Report for Period Ending June 2011 7/15/2011 Progress Report
Progress Report for Period Ending March 2011 4/1/2011 Progress Report
Progress Report for Period Ending September 2010 10/8/2010 Progress Report
Interim Action Work Plan - Bothell Landing 4/30/2010 Interim Action Documents
Bothell Landing - Safety & Health Plan 2/28/2010 Health and Safety Plan
City of Bothell Response to Ecology's Opinion Review Letter dated 1/12/10 1/29/2010 Site Specific Administrative Document - other (Administrative correspondence)
Bothell Landing - Ecology Letter Re Site Recommendations & Review of RI/FS & DCAP 1/1/2010 Site Specific Administrative Document - other (Administrative correspondence)
Bothell Landing Draft RI/FS Report 12/8/2009 Remedial Investigation / Feasibility Study
Bothell Landing DCAP 12/1/2009 Cleanup Action Plan
Bothell Landing RI/FS Work Plan Amendment and Approval 8/1/2009 Remedial Investigation / Feasibility Study
Bothell Landing Draft Health and Safety Plan 2/26/2009 Human Health and/or Eco Risk Assessment
City of Bothell Multi Site Health and Safety Plan 2/25/2009 Human Health and/or Eco Risk Assessment
Bothell Landing Draft RI/FS Work Plan 2/1/2009 Remedial Investigation / Feasibility Study
Voluntary Cleanup Program 1
Document Title Document Date Document Type
Bothell Landing - VCP Opinion on Site Cleanup - Further Action 6/12/2006 VCP Opinion on Site Cleanup – Other
There may be more documents related to this site. To obtain documents not available electronically, you will need to make a public records request.

Places to see print documents

  • Northwest Regional Office
    15700 Dayton Ave N
    Shoreline, 98133
    Please schedule an appointment to view print documents at this location.
  • King County Bothell Regional Library
    18215 98th Ave NE
    Bothell, 98011
    This location may only have print documents available during open comment periods.
  • Bothell City Hall
    18415 101st Ave NE
    Bothell, 98011
    This location may only have print documents available during open comment periods.

Contaminants 7

Contaminant Type
Soil
Groundwater
Surface Water
Air
Sediment
Bedrock
Halogenated Organics - Halogenated Organics C
Metals - Metals Priority Pollutants C
Non-Halogenated Organics - Petroleum Products-Unspecified C C
Non-Halogenated Organics - Polycyclic Aromatic Hydrocarbons S
Halogenated Organics - Halogenated Solvents C
Metals - Arsenic C
Non-Halogenated Organics - Petroleum-Other RA
S
Suspected
C
Confirmed Above Cleanup Levels
B
Below Cleanup Levels
RA
Remediated-Above
RB
Remediated-Below
R
Remediated
This contaminant list was based on our best information at the time it was entered. It may not reflect current conditions at the site.