FINAL FIVE-YEAR REVIEW REPORT
Second Five-Year Review Report
for
Arctic Surplus and Salvage Yard
Fairbanks, Alaska
January 2014
PREPARED BY;
United States Environmental Protection Agency
Region 10
Approved by:
Cami Grandinetti, Program Manager Date
Office of Environmental Cleanup
US EPA Region 10
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FINAL
FIVE-YEAR REVIEW REPORT
SECOND FIVE YEAR REVIEW REPORT FOR
ARCTIC SURPLUS SALVAGE YARD
FAIRBANKS, ALASKA
January 2014
Prepared By:
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Table of Contents
EXECUTIVE SUMMARY v
FIVE- YEAR REVIEW SUMMARY FORM vi
FIVE- YEAR REVIEW SUMMARY FORM (continued) vii
1 INTRODUCTION 1-1
2 SITE CHRONOLOGY. 2-1
3 SITE BACKGROUND 3-1
3.1 Site Location and History 3-1
3.2 Summary of Site Contamination 3-1
3.3 Site Risks 3-3
3.4 Historical Removal Action Activities 3-4
4 REMEDIAL ACTIONS 4-1
4.1 Record of Decision Summary 4-1
4.2 RPO Activities 4-3
4.3 Explanation of Significant Differences Summary 4-3
4.4 Final Remedial Action 4-4
4.5 Present and Anticipated Future Site Use 4-6
4.6 Institutional Controls 4-6
4.7 Long Term Monitoring Activities 4-7
4.8 Other O&M Activities 4-9
5 PROGRESS SINCE THE LAST FIVE- YEAR REVIEW. 5-1
5.1 Protectiveness Statement from the Previous FYR 5-1
5.2 Issues and Recommendations from the Previous FYR 5-1
5.3 Change in Land Ownership 5-2
6 FIVE-YEAR REVIEW PROCESS 6-1
6.1 Document and Data Review 6-1
6.2 Site Inspection 6-2
6.3 Interviews 6-2
7 TECHNICAL ASSESSMENT. 7-1
7.1 Question A: 7-1
7.2 Question B: 7-1
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7.3 Question C: 7-5
7.4 Technical Assessment Summary 7-5
8 ISSUES. 8-1
9 RECOMMENDATIONS AND FOLLOW-UP ACTIONS 9-1
10 PROTECTIVENESS STA TEMENT 10-1
11 NEXT REVIEW 11-1
List of Tables
Table 2-1: Chronology of Significant Events 2-1
Table 3-1: Summary of Cancer Risks and Hazard Indices for Soil at ASSY 3-3
Table 3-2: Summary of Cancer Risks and Hazard Indices for Groundwater at ASSY 3-4
List of Figures
Figure 1: Site Vicinity Map
Figure 2: Generalized Groundwater Elevation Map
Figure 3: Site Excavation Areas
Figure 4: Oblique Aerial Photo (View to East)
List of Attachments
Attachment 1: LIST OF DOCUMENTS REVIEWED
Attachment 2: CONSERVATION EASEMENTS
Attachment 3: HISTORICAL ANALYTICAL RESULTS FOR COCs
Attachment 4: SITE INSPECTION FORM
Attachment 5: ASSY INTERVIEW FORMS
Attachment 6: TITLE REVIEW MEMORANDUM
Attachment 7: FACT SHEET FOR OWNERS/POTENTIAL OWNERS/TENANTS OF
ARCTIC SURPLUS SALVAGE YARD
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Acronyms and Abbreviations
ACM
asbestos containing material
ADEC
Alaska Department of Environmental Conservation
AFCEE
Air Force Center for Engineering and the Environment
AK
Alaska
ARAR
applicable or relevant and appropriate requirement
ASSY
Arctic Surplus Salvage Yard
CERCLA
Comprehensive Environmental Response, Compensation and Liability Act
CFR
Code of Federal Regulations
COC
contaminant of concern
DDD
dichlorodiphenyl dichloroethane
DDT
dichlorodiphenyl trichloroethane
DLA
Defense Logistics Agency
DOD
Department of Defense
EPA
Environmental Protection Agency
ESD
Explanation of Significant Differences
FS
feasibility study
GCL
geosynthetic clay liner
HI
Hazard Index
IC
institutional control
LTM
long term monitoring
MCL
maximum contaminant level
Mg/kg
micrograms per kilogram
Hg/L
micrograms per liter
mg/kg
milligrams per kilogram
NCP
National Oil and Hazardous Substances Pollution Contingency Plan
NPL
National Priorities List
O&M
operations and maintenance
OE
ordnance and explosives
OU
operable unit
PCB
polychlorinated biphenyl
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PCE
tetrachloroethene
PPE
personal protective equipment
RA
remedial action
RAO
remedial action objective
RI
Remedial Investigation
RME
Reasonable Maximum Exposure
ROD
Record of Decision
RPM
Remedial Project Manager
RPO
Remedial Process Optimization
RSL
Regional Screening Level
RSV
RPO Scoping Visit
SARA
Superfund Amendments and Reauthorization Act
SVOC
semivolatile organic compound
TCB
1,2,4-trichlorobenzene
TCDD
2,3,7,8-tetrachlorodibenzo-p-dioxin
TCE
trichloroethene
TCLP
Toxicity Characteristic Leaching Procedure
TSCA
Toxic Substances Control Act
TSP
trisodium phosphate
VOC
volatile organic compound
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EXECUTIVE SUMMARY
This document summarizes the second five-year review for the Arctic Surplus Salvage Yard
(ASSY) located near Fairbanks, Alaska. The results of the five-year review indicate that the
remedies described in the 1995 Record of Decision (ROD) and revised by an Explanation of
Significant Differences (ESD) in 2003 are protective of human health and the environment.
Overall, the remedial actions (RAs) are functioning as designed, and no deficiencies were
identified that impact the protectiveness of the remedies. The protectiveness of the RAs is being
verified by the long-term monitoring (LTM) and Operations and Monitoring (O&M) program as
described in the site O&M Plan, which monitors groundwater concentrations of selected
contaminants of concern (COCs) and maintains the landfill cap surface and slopes.
Based on the LTM and O&M data, interviews, and the observed integrity of the landfill cap
structure, the remedies continue to remain protective. T he ROD and ESD-prescribed RAs
continue to contain contaminants, and there have been no changes in the physical conditions of
the site that affect protectiveness.
The review of documents, applicable or relevant and appropriate requirements (ARARs), and
exposure assumptions indicates that the remedial actions implemented at ASSY are functioning
as intended in the ROD and ESD and meet the intent of the ROD and the ESD. The following
five-year review form presents the summary of this five-year review.
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FIVE-YEAR REVIEW SUMMARY FORM
SITE IDENTIFICATION
Site Name: Arctic Surplus Salvage Yard
EPA ID:
AKD980988158
Region: 10
State: AK
City/County: Fairbanks/Fairbanks North Star
Borough
NPL Status: S Deleted
Multiple OUs?
~ NO
Has the site achieved construction completion?
Yes. April 2005.
Lead agency: S EPA
If "Other Federal Agency" was selected above, enter Agency name:
Author name (Federal or State Project Manager): Ms. Jackie Kramer
Author affiliation: EPA Region 10
Review period: 15 April to 15 December 2013
Date of site inspection: 17 July 2013
Type of review: S Post-SARA
Review number: S 2 (second)
Triggering action date: 18 December 2008
Due date (five years after triggering action date): \ 8 December 2013
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FIVE-YEAR REVIEW SUMMARY FORM (continued)
Issues/Recommendations
OU(s) without Issues/Recommendations Identified in the Five-Year Review:
The site does not have multiple OUs.
Issues and Recommendations Identified in the Five-Year Review: None
Sitewide Protectiveness Statement (if applicable)
Protectiveness Determination:
Protective
Addendum Due Date (if
applicable):
N/A
Protectiveness Statement:
The remedy at Arctic Surplus is protective of human health and the environment. The remedy is
expected to remain protective of human health and the environment. Based upon the review of
relevant documents and the site inspection, the remedy is functioning as intended by the ROD and
ESD. There have been no changes in the physical condition of the site that would affect the
protectiveness of the remedy. Long-term protectiveness of the RAs will be verified by Institutional
Controls (ICs), LTM andO&M program, which monitors groundwater COC concentrations and
inspects and maintains the integrity of the landfill cap and fences.
The Superfund Long-Term Human Exposure Environmental Indicator Status for the Arctic
Surplus Site remains "Under Control and P rotective Remedy In Place" because the site is
Construction Complete and t he remedy is operating as intended. In addition, the required
engineering and institutional controls are in place and effective.
The Groundwater Migration Environmental Indicator Status for the Arctic Surplus Site remains
"Under Control" because since 2005, no COCs in groundwater samples have been detected above
background levels or the cleanup levels selected in the Record of Decision to ensure
protectiveness and compliance with applicable or relevant and appropriate standards.
Cross Program Revitalization Measure Status: The Site was designated "Ready for Anticipated
Use" in 2006 because all remedial actions are complete, cleanup goals have been met, and all
required institutional controls are in place and effective. The site is in reuse for industrial purposes
only.
VII
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1 INTRODUCTION
This document presents the second five-year review for the ASSY site located near Fairbanks,
Alaska. The purpose of a five-year review is to determine whether the remedy at a site remains
protective of human health and the environment. The methods, findings, and conclusions of the
review are documented in this five-year review report. In addition, this report identifies issues
found during the review (including the site visit) and provides recommendations to address them.
Figure 1 presents the site vicinity map. The site consists of one Operable Unit; therefore, this
five-year review covers site-wide conditions.
This five-year review report was prepared pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) §121 and the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP).
CERCLA §121 states:
If the President selects a remedial action that results in any hazardous substances,
pollutants, or contaminants remaining at the site, the President shall review such
remedial action no less often than each five years after the initiation of such remedial
action to assure that human health and the environment are being protected by the
remedial action being implemented. In addition, if upon such review it is the judgment of
the President that action is appropriate at such site in accordance with section [104] or
[106], the President shall take or require such action. The President shall report to the
Congress a list of facilities for which such review is required, the results of all such
reviews, and any actions taken as a result of such reviews.
The NCP in 40 Code of Federal Regulations (CFR) §300.430(f)(4)(ii) further states:
If a remedial action is selected that results in hazardous substances, pollutants, or
contaminants remaining at the site above levels that allow for unlimited use and
unrestricted exposure, the lead agency shall review such action no less often than every
five years after the initiation of the selected remedial action.
The United States Environmental Protection Agency (EPA), Region 10 is the lead agency for
this former National Priorities List (NPL) site and has conducted this five-year review in
accordance with existing five-year review guidance (EPA, 2001). This is the second five-year
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review for ASSY. The Defense Logistics Agency (DLA) and its contractor AECOM Technical
Services assisted EPA in the preparation of report. The triggering action used for this statutory
review is the completion of the first five-year review report date of December 18, 2008. The
five-year review at ASSY is required because hazardous substances, pollutants, or contaminants
remain at the site above levels that allow for unlimited use and unrestricted exposure. At the
time of this five-year review, full implementation of the site remedy has been completed. The
Institutional Controls (ICs) outlined in the ROD and ESD have been implemented. The final
Remedial Action Report was completed during the summer of 2004, and the site was deleted
from the NPL in 2006.
All available information pertaining to the site has been reviewed during the performance of this
five-year review, including, but not limited to, the Remedial Investigation (RI) (Shannon and
Wilson, 1994), the ROD (EPA 1995), the Feasibility Study (FS) (Shannon and Wilson 1995), the
ESD (EPA, 2004), the Remedial Action Report (Earth Tech 2004), the Operations & Monitoring
Plan (Earth Tech 2004), various groundwater monitoring reports (AECOM 2009, 2010, 2011a,
2011b, 2012, 2013), and other correspondence with the various parties involved with the
response actions.
The principal documents used in preparing this report are referenced in Attachment 1. The
conservation easements are referenced in Attachment 2. A ttachment 3 presents historical
analytical results for COCs. Attachment 4 contains the site inspection form. Attachment 5
contains the interview forms. Attachment 6 contains the title review memorandum. Attachment
7 contains the site fact sheet for owners/potential owners/tenants of ASSY.
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2 SITE CHRONOLOGY
Table 2-1 summarizes significant events and documents from the time the property was first
transferred to the private sector through 2012. Recurring activities, such as post-RA long term
groundwater monitoring and site O&M activities are also presented in Table 2-1. Figure 2
presents the current ASSY site map.
Table 2-1: Chronology of Significant Events
Event
Date
Property was sold by the Department of Defense (DOD).
1959
CERCLA Preliminary Assessment Report is completed.
1987
CERCLA Site Inspection is conducted.
1989
Property is proposed for inclusion on the NPL.
1989
Various Interim Remedial Actions are conducted including asbestos removal, pesticide
stabilization and removal, poly chlorinated biphenyl (PCB)-contaminated soil removal,
lead-contaminated soil removal, and incinerator and associated burn-ash removal.
1989-1991
Property is listed on the NPL.
1990
RI Report is completed.
1994
FS is conducted to evaluate remedial alternatives.
1995
A remedy for the site is selected and a ROD is signed.
1995
Remedial Process Optimization (RPO) site visit is conducted.
2002
Initiation of treatability studies in accordance with RPO recommendations.
2002
United States Department of Health and Human Services Public Health Assessment
report is conducted, concluding that the site no longer poses a public health hazard and
that contaminants are contained on site.
2002
ESD was submitted to document changes in the site remedial technical basis and
specific remedial goals
2003
Remedial Action Work Plan is completed.
2003
Soil remediation activities were initiated. Other activities conducted during
construction include scrap metal segregation and removal, ordnance and explosives
(OE) related scrap removal, identification and removal of radiological materials,
removal of mercury and PCB-related scrap, tires and miscellaneous petroleum products,
and removal for off-site disposal of dioxin/pesticide-contaminated soil, and PCB-
contaminated soil.
2003
Completion of remediation activities, ordnance and explosives-related scrap removal
2004
Post construction site inspection is conducted.
2004
Site is deleted from the NPL.
2006
Groundwater monitoring, landfill cap inspection and O&M are conducted.
2004-2012
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3 SITE BACKGROUND
This section presents background information on the ASSY site.
3.1 Site Location and History
The ASSY site consists of five parcels of land totaling about 24.5 acres, located on the northeast
corner of Badger Road and the Old Richardson Highway, approximately 5 miles southeast of
Fairbanks, Alaska (see Figure 1). The western portion of the site was owned by the Department
of Defense (DOD) and from 1944 to 1956 a landfill used by the military was located on this
parcel. Following its sale by the DOD in 1959, the site was used as a salvage yard, resulting in
the accumulation of a large amount of both salvageable and non-salvageable materials. Specific
activities that have impacted the site include:
• Lead battery recycling: batteries were stored and then cracked to collect lead for recycling.
• Oil was drained from transformers, some of which contained PCBs.
• Spent transformer oils were burned to fuel an incinerator used to reclaim copper from
transformer coils and lead from batteries.
• Mechanized equipment was salvaged, which may have caused fluids to leak.
• Spent OE-related scrap accumulated.
• Oils, chemicals, containerized gases, and other hazardous materials were stored improperly.
A Preliminary Assessment was conducted at the site in June 1987 and a S ite Inspection in
September 1989. The site was proposed for inclusion on the NPL on 26 October 1989 and was
listed on 30 August 1990. S ince its identification as a CERCLA site in 1989, numerous
investigations and removal actions have been performed to characterize the site and address
potential site risks.
3.2 Summary of Site Contamination
A number of previous environmental investigations were completed at the site, culminating in
the RI Report (Shannon & Wilson 1994). As discussed in the RI Report, several potential source
areas were identified, including:
• Battery cracking areas;
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• Buried materials, including the old military landfill;
• Drum storage areas;
• Incinerator areas;
• Transformer processing areas; and
• Salvage and debris piles.
These site investigations resulted in the identification of a wide range of contaminants at ASSY
including inorganic compounds, volatile organic compounds (VOCs), semi-volatile organic
compounds (SVOCs), PCBs, pesticides, dioxins, and furans. Most of these contaminants were
detected locally or in low concentrations at the site. However, some contaminants appeared to
have a significantly greater potential as health risks because of their greater toxicity or
carcinogenicity, widespread distribution, elevated concentrations, or mobility via transport
mechanisms. The two primary COCs identified were lead and PCBs. These contaminants had
impacted surface soils and near surface soils over relatively wide areas, particularly within the
western portion of the site.
High lead concentrations were identified in surface soils where battery processing (cracking) was
known to have been conducted, and where battery processing debris was found. H ighly
contaminated soils were excavated and transported off-site during the 1990 removal actions.
Lead was subsequently identified at concentrations greater than 500 milligrams per kilogram
(mg/kg) in surface soils over much of the western portion of the site.
PCB transformer oils were found in old transformers and drums, and oil-stained soils were
detected in several areas of the site. During the 1990 removal actions, most of the oil was
removed, and heavily contaminated soils were excavated and removed from the site. Subsequent
analyses of surface soils throughout much of the western part of the site detected elevated
concentrations of PCBs in surface soils, locally in excess of 100 mg/kg. PCB-impacted off-site
soils located immediately west of the property boundary were evaluated and remediated during
the Badger Road expansion project conducted in 1994.
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Additional localized soils impacted with dioxins and the chlorinated pesticides dichlorodiphenyl
dichloroethane (DDD) and dichlorodiphenyl trichloroethane (DDT) were identified during the
RI.
3.3 Site Risks
An evaluation of the potential risks to human health and the environment from site contaminants
was conducted and is discussed in the ROD. The objectives of the risk assessment were to:
• Identify COCs for human health and ecological risk,
• Provide a basis for determining residual chemical levels that are adequately protective of
human health and the environment,
• Help determine if response actions are necessary at the site, and
• Provide a basis for comparing the various remedial alternatives and potential effects on
human health.
Table 3-1 presents the site risks for soil and Table 3-2 presents the risks for groundwater. The
risk assessment concluded that hazardous substances were present on the site and that the actual
or threatened release of these substances may present an imminent substantial endangerment to
public health, welfare or the environment if a response action is not taken. For groundwater, the
primary contributors to the cancer risks were arsenic, PCBs, tetrachloroethene (PCE), and
trichloroethene (TCE), and the primary contributors to the non-cancer risks were arsenic and
manganese. A portion of the estimated non-cancer impacts (and cancer risks for arsenic) result
from naturally occurring levels of arsenic and manganese in the soil and water.
Table 3-1: Summary of Cancer Risks and Hazard Indices for Soil at ASSY
Exposure Scenario
Cancer Risks
Hazard Indices
RME
Average
RME
Average
Current Off-Site Resident
6 x 10-4
4 x 10-5
3
0.2
Future On-Site Resident - Western Portion
8 x 10-3
7x lO"4
4
0.0003
Future On-Site Resident - Eastern Portion
4 x 10-4
3 x 10-5
4
0.4
Future On-Site Worker - Western Portion
1 x 10-3
--
0.07
--
Future On-Site Worker - Eastern Portion
5 x 10-5
--
0.08
--
Notes: RME = Reasonable Maximum Exposure
-- = Cancer risks were not calculated for this scenario
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Table 3-2: Summary of Cancer Risks and Hazard Indices for Groundwater at ASSY
Exposure Scenario
Well
Cancer Risks
Hazard Indices
RME
Average
RME
Average
Future Residential Use of On-Site Groundwater
MW-5624
2 x 10-5
3 x 10-6
0.05
0.02
MW-5625
7 x lO"4
1 x lO"6
60
30
MW-5627
4 x 10-6
7 x 10-7
20
0.1
MW-5807
3 x 10-7
5 x 10-8
2
0.9
MW-H
3 x 10-4
5 x 10-5
20
9
Future Industrial Use of On-Site Groundwater
MW-5624
6 x 10-6
--
0.02
--
MW-5625
2 x 10-4
--
20
--
MW-5627
1 x 10"6
--
8
--
MW-5807
9 x 10-8
--
0.6
--
MW-H
9 x 10-5
--
6
--
Current Residential Use of Off-Site Groundwater
TL-19
5 x 10-6
8 x 10-7
0.02
0.01
Notes: RME = Reasonable Maximum Exposure
-- = Cancer risks were not calculated for this scenario
A qualitative ecological risk assessment was completed to assess the ecological effects of the
contaminants present at ASSY. The ecological risk assessment indicated that there was no
measurable impact on the ecology of the site or near-site areas, and that the levels of
contamination present at the site were not likely to cause adverse effects to plants and animals in
the site vicinity.
3.4 Historical Removal Action Activities
Interim removal action activities were completed during 1989, 1990, and 1991 by the EPA and
by the DLA in 1990 and 1996. During 1989, the site was fenced, approximately 22,000 pounds
of asbestos were removed, and approximately 75 gallons of chlordane were stabilized and
removed. During 1990, a more extensive removal action included:
• Dismantling of one incinerator and removal and disposal of the associated ash and soil,
• Removing and disposing approximately 13 cubic yards of PCB-contaminated soil,
• Removing and disposing approximately 315 cubic yards of lead-contaminated soil from
"battery-cracking" areas, and
• Removing and disposing approximately 160 cubic yards of chlordane-contaminated soil.
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The interim removal action activities also included bulking and removing of containerized waste,
removing intact and broken battery casings, draining and properly disposing of transformer oils,
and capping specific areas of contaminated soils. In 1991, another interim removal action was
completed to investigate alleged buried hazardous wastes and delineate the extent of soil
contamination. T o facilitate the investigation, approximately 300 non-PCB transformers were
moved and staged in the center of the site.
In 1996, approximately 3,100 empty drums and 21 transformers were drained, cleaned, and
removed from the site for disposal.
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4 REMEDIAL ACTIONS
This section describes the remedial activities conducted at the ASSY site.
4.1 Record of Decision Summary
Following completion of the RI, a FS was conducted to evaluate and recommend remedial
alternatives for the site (Shannon and Wilson 1995). B ased on the alternative evaluations
included in the FS, a remedy was selected and formally documented in the ROD, which was
signed in 1995. The Remedial Action Objectives (RAOs) identified for site soils were to:
• Prevent exposure by ingestion, inhalation, and dermal contact with contaminated soils and
dust that would result in an excess lifetime carcinogenic risk above 10"5.
• Prevent exposure by ingestion, inhalation, and dermal contact with contaminated soils and
dust that would result in a non-carcinogenic health effects as indicated by a Hazard Index
(HI) greater than 1.0.
• Prevent offsite migration of contaminants caused by mechanical transport, runoff, or wind
erosion.
• Prevent infiltration/migration of contaminants that would result in groundwater
contamination in excess of regulatory standards.
The RAOs identified for site groundwater were to:
• Prevent inhalation of volatiles released from, or ingestion of, groundwater containing
contaminants at levels above regulatory standards (i.e., maximum contaminant levels
[MCLs]).
If there were no regulatory standards for certain chemicals in groundwater, the RAOs were to:
• Prevent inhalation of volatiles released from, or ingestion of, groundwater contaminants that
could result in an excess lifetime carcinogenic risk above the 10"5 level.
• Prevent ingestion of groundwater containing contaminants that could result in non-
carcinogenic health effects as indicated by an HI in excess of 1.0.
The main components of the selected remedy identified in the 1995 ROD were:
• Relocation and sorting of salvage material and debris, to provide access to the contaminated
soil;
• Excavation and stockpiling of soil exceeding cleanup standards for treatment or disposal;
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• On-site treatment of soil with concentrations of PCBs exceeding 50 mg/kg by solvent
extraction;
• On-site treatment of on-site soil exceeding the lead industrial cleanup standard of 1,000
mg/kg and of off-site soil exceeding the lead residential cleanup standard of 400 mg/kg by
stabilization/ solidification;
• Off-site disposal of soil exceeding cleanup standards of 21,000 micrograms per kilogram
(|j,g/kg) 4,4-DDD, 15,000 |_ig/kg 4,4'-DDT, and 0.44 |_ig/kg for 2,3,7,8-tetrachlorodibenzo-p-
dioxin (TCDD) Equivalence for dioxin/furans;
• Consolidation of treated soils into a containment area over the old closed military landfill;
• Capping of the containment area and the existing landfill with a Toxic Substances Control
Act (TSCA) chemical waste landfill cap; and
• Implementation of ICs, including long-term groundwater monitoring, and O&M of fences
and the cap. I n addition, deed restrictions were put in place to prevent use of the
groundwater, maintain an industrial site use designation, and prevent any unauthorized
access or use of the capped area.
The ROD stated that the selected remedy will comply with land disposal restrictions for
halogenated organic carbon (i.e., PCBs) through a treatability variance for the contaminated soil.
The selected remedy will be protective of human health and the environment, comply with EPA
guidance on long term management controls of PCBs, and will not present an unreasonable risk
of injury to health or the environment. The ROD stated that this remedy will comply with TSCA
landfill requirements (bottom liner, depth to groundwater, leachate collection system, and surface
water monitoring) through a TSCA waiver.
Since arsenic, manganese (natural constituents of regional groundwater), and TCE were detected
occasionally in several on-site monitoring wells above their MCLs, groundwater monitoring and
ICs (prevention of the use of on-site groundwater for drinking) is part of the selected remedy.
The ROD identified cleanup levels for Antimony (25 micrograms per liter [|ig/L]) and
Manganese (2,900 |ig/L) based on regional aquifer background levels. The ROD provides
flexibility in the performance of the groundwater monitoring activities (schedule, duration, etc.)
based on the results of the site performance reviews and the groundwater monitoring data.
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4.2 RPO Activities
In 2002, DLA requested assistance from the Air Force Center for Engineering and Environment
(AFCEE), now known as Air Force Civil Engineer Center, to optimize and implement the
remedial actions at the site. In June 2002, an RPO Scoping Visit (RSV) was conducted at the
site by representatives from the DLA, AFCEE, EPA, Alaska Department of Environmental
Conservation (ADEC), and AFCEE contractors (Earth Tech [now known as AECOM], Parsons
and Mitretek Systems). As requested by the DLA, the purpose of the RSV was to identify and
recommend improvements to the ROD proposed remedy. The RSV recommendations included
collecting and analyzing additional soil samples to refine quantities of soil requiring remediation,
performing treatability testing to evaluate the feasibility of soil stabilization as a remedy for the
lead-and PCB contaminated soils, collecting groundwater samples, and evaluating options for
placing the stabilized soils on site. These recommendations were implemented during Fall 2002
to Summer 2003 period. B ased on the results of these activities, specific changes to the ROD
proposed remedy were recommended which included on-site stabilization of PCB and lead
contaminated soils, a revised cap design and off-site disposal of soils with PCB concentrations
greater than 50 mg/kg. In addition, several other site restoration issues not specifically addressed
in the ROD were identified during the RPO activities, including the presence of large quantities
of OE scrap that had not been properly demilitarized, several caches of compressed gas
cylinders, potential radiological waste items, and multiple drums containing soil cuttings, purge
water and personal and protective equipment from previous investigations.
4.3 Explanation of Significant Differences Summary
The changes to the ROD proposed remedy were formally documented and approved in the ESD
issued in June 2003. The primary technical changes to the remedy included in the ESD were:
• Treatment of soil with PCB concentrations between 10 and 50 mg/kg by
solidification/ stabilization,
• Off-site treatment and disposal of soil with PCBs greater than 50 mg/kg,
• Capping stabilized soils with a geosynthetic clay liner (GCL) instead of compacted silt, and
• Flattening the cap profile to allow for reuse of the land.
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The ESD also stated that DLA and ADEC were evaluating options for permanent ICs to be
attached to the property that will transfer with the land should it be sold. The ESD also updated
the ARARs by eliminating the land disposal restrictions and updating the Arsenic MCL from 50
|ig/L to 10 |ig/L or natural background (whichever is less stringent).
4.4 Final Remedial Action
Upon finalization of the ESD, a detailed work plan for implementation of the RA was developed
by the DLA and its contractor (Earth Tech). Procedures were also developed to identify,
segregate and remove other site hazards such as OE materials, radiological contamination and
scrap piles. The final RA Work Plan was issued in May 2003, and soil remediation activities
began in June 2003. Remedial activities completed by Earth Tech for this project included:
• Relocation, sorting, and decontamination of salvage material, ancillary scrap (transformers,
compressed gas cylinders, etc.), and debris;
• Excavation and stockpiling of contaminated soils with concentrations greater than 1,000
mg/kg lead or 10 mg/kg PCBs and off-site soils with concentrations greater than 400 mg/kg
lead and/or 1 mg/kg PCBs for treatment;
• Excavation of soil with dioxin concentrations greater than 0.44 |ig/kg;
• Excavation of soil with DDD concentrations greater than 21 mg/kg or DDT concentrations
greater than 15 mg/kg;
• Shipment of dioxin-, DDT-, and DDD-contaminated soil and soil with PCB concentrations
greater than 50 mg/kg off-site for disposal;
• Solidification/stabilization of contaminated soil containing lead at concentrations greater than
1,000 mg/kg and soil with PCB concentrations greater than 10 mg/kg but less than 50 mg/kg.
The soil was mixed with approximately 0.5% trisodium phosphate (TSP) and 10% Portland
cement by weight;
• Placement of stabilized soils into a co nsolidation cell, which also encompassed the old
military landfill located in the southwestern section of the site;
• Collection of confirmation samples to verify that the cleanup goals were met. Over 400
confirmation samples were collected in the excavation areas for lead and PCBs analyses;
• Collection of stabilized soil samples for toxicity characteristic leaching procedure (TCLP)
analysis for lead;
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• Placement and compaction of stabilized soil in the consolidation cell and the existing landfill,
placement of a GCL liner over the compacted soil, and placement of an 18" thick cover of
clean fill over the GCL liner;
• Placement of 4" (thickness) of compacted road base and 4" (thickness) of asphalt over the
clean fill and GCL cover to allow reuse of the cap as a parking lot, construction of perimeter
runoff ditches and an infiltration basin to control surface water runoff from the cap and
surrounding area. In addition to the infiltration basin, a ramp was constructed on the north
side of the consolidation cell to allow vehicular traffic.
• Removal of the following materials:
o 72,210 OE-related items (including 335 live items)
o 12 55-gallon drums and one 8-gallon drum of radioactive waste (including more
than 300 dials and gauges)
o 50,000 cubic yards of scrap metal
o 344 PCB-containing fluorescent light ballasts
o 688 fluorescent light bulbs (mercury vapor)
o 760 pounds of asbestos containing material (ACM)
o 8 Freon cylinders
o 16 chlorine cylinders
o 264 tons of tires
o 6,985 gallons of non-hazardous oil
o 50 drums of personal protective equipment (PPE)
• Site restoration activities including hydroseeding the site, rehabilitation of monitoring wells,
installation of a new site fence and a new consolidation cell/parking lot fence and gate.
Figure 3 s hows the areas of the site where COCs exceeded the cleanup levels. E xcavation
activities were conducted in these areas at the site. Approximately 9,500 cubic yards of
contaminated soil was stabilized and placed in the consolidation cell. Approximately 10 metric
tons of non-hazardous dioxin contaminated soil, 6 tons of non-hazardous pesticide contaminated
soil and 195 metric tons of PCB (above 50 mg/kg) contaminated soil was transported for off-site
disposal. Figure 4 presents an aerial view of the site after completion of the remedial action
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activities. The Remedial Action Report was finalized in Summer 2004, and O&M activities
were initiated in Fall 2004. The site was deleted from the NPL in 2006. The remedial action
was completed by Earth Tech, under AFCEE contracts.
4.5 Present and Anticipated Future Site Use
The site consists of 6 parcels. (Note - parcels are not the same as tax lots (TLs)). Parcel VI is
the 200 foot wide Alaska Railroad Right-of-Way. Parcel III contains 2 tax lots. The list of
parcels and tax lots are as follows:
• Parcel I (Tax Lot 2101)
• Parcel II (Tax Lot 2131)
• Parcel III (Tax Lots 2112 and 2113)
• Parcel IV (Tax Lot 2111)
• Parcel V (Tax Lot 2106)
• Parcel VI (Railroad Right-of-Way).
According to the Fairbanks North Star Borough zoning map, all six parcels are zoned GU-1,
which is "general use district". The site is currently used primarily for equipment and materials
storage. The asphalt covered cap has been leased for use as a parking lot for vehicles and trailers
since 2005. The anticipated future use of the site is similar to the current use.
4.6 Institutional Controls
Institutional controls for the site include both physical and administrative controls. As described
in section 3, chain-link fencing was installed around the consolidation cell and site boundary to
restrict site access. Signs showing contact numbers for EPA and ADEC and prohibiting
unauthorized access were posted on the fence surrounding the cell.
In accordance with the ESD, conservation easements were also executed by current property
owners to provide legal access to the site (5 parcels) for future operations, maintenance, and
sampling activities. Additionally, the executed agreements include legally enforceable
restrictions that prohibit current and future property owners from activities that may adversely
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affect the implementation, integrity, or protectiveness of the remedial measures (ICs). Specific
provisions of the agreements include the prohibition of:
• Digging, drilling, or other activities that might penetrate, damage, or interfere with the
consolidation cover system, fencing, or drainage systems;
• Damaging or interfering with the groundwater monitoring network;
• Installing wells and using groundwater, unless approved in writing;
• Digging or moving soil that may create additional exposure to contaminants, or an
environmental or health and safety risk, unless approved in writing;
• Transporting soil off-site, unless approved in writing; and
• Using the land for residential or agricultural use or similar uses causing exposure to
contaminants.
Copies of the executed agreements are included in Attachment 2. To ensure that current and
future property owners are subject to the same restrictions and are required to provide the same
access, an equitable servitude was recorded with the Recording District of Fairbanks, State of
Alaska.
Since 2006, the consolidation cell/asphalt cap area has been leased by the property owner (Mr.
Pederson) to Mr. Harry Sanders for use as a parking lot. Inspections conducted at the site since
2004 indicate that the long-term ICs required by the ROD and ESD are being implemented.
4.7 Long Term Monitoring Activities
A groundwater monitoring well network consisting of seven monitoring wells was sampled in
August 2003 to provide a baseline to assess the long-term performance of the remedial action
(see Figure 2). The long term monitoring program proposed the following:
• Groundwater monitoring for a minimum of five years from the completion of the
consolidation cell;
• Groundwater samples to be analyzed for PCBs, pesticides, VOCs, and metals and the results
be compared to MCLs; and
• Groundwater monitoring to be conducted utilizing low-flow/micro-purge sampling
techniques in accordance with AFCEE protocols and EPA guidance.
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Groundwater monitoring was proposed to be conducted for a period of 30 years (2003 to 2033).
Historically, the following contaminants had been detected occasionally in the on-site
groundwater: antimony, arsenic, manganese, DDT, PCBs and VOCs (e.g., PCE, TCE, etc.). The
groundwater monitoring protocol included sampling and laboratory analyses of these
contaminants and lead (since it is a soil COC).
In 2004, PCE (in MW5627-R), antimony and lead (in MW-D) were detected in groundwater
samples above the respective MCLs or action levels. T he detections of lead and antimony in
MW-D (September 004) were considered anomalous since they were more than three orders of
magnitude greater than both the reported concentrations from the two previous monitoring
events, and the field duplicate collected from this well. These results were most probably due to
inadequate purging or a laboratory error. PCE was detected in MW-5627-R (May 2004) above
its MCL, however, PCE has not been detected in this well since May 2005. In August 2003,
Aroclor-1260 was detected in downgradient well MW-5625-R. However, Aroclor-1260 has not
been detected in any of the samples collected from this well since then.
From 2005 to 2007, no COC was detected in any groundwater sample above the drinking water
standards (MCLs or ROD mandated cleanup levels) or background levels. Arsenic, determined
to be naturally occurring, was periodically detected in some of the groundwater samples above
10 |ig/L, but was in the range of background concentrations. The long term monitoring data was
reviewed by DLA, ADEC, EPA and Earth Tech in September 2007. The team agreed that future
monitoring of wells MW-5626 and MW-D is not warranted given their location with respect to
the consolidation cell (see Figure 2) and the historical lack of concentrations of any COC in these
wells since 2004. The team agreed to modify post-2007 long term monitoring activities as
follows:
• Reduce groundwater monitoring frequency to an annual basis;
• Replace monitoring well MW-5627-R. The new location for this well will be within the
consolidation cell fenced area to prevent unauthorized access.
• Eliminate groundwater monitoring in wells MW-5626 and MW-D and decommission these
wells in accordance with ADEC guidelines.
• Eliminate pesticide analyses from the groundwater monitoring protocol.
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Based on the above recommendations, one sampling (and well maintenance) event was
conducted in 2008 (July). During this event, groundwater monitoring wells MW-5626 and MW-
D were decommissioned and MW56-27-R was replaced. After completion of the 2008 event,
DLA, ADEC and EPA agreed to drop manganese and antimony from the analyte list for the
annual groundwater monitoring event since these metals were not detected above their MCLs in
multiple sampling events (AECOM 2010). In addition, annual monitoring for arsenic in
groundwater was discontinued, since historical detections of arsenic were in the range of
background concentrations. PCBs and lead were retained in the groundwater monitoring
program to continue evaluation leaching potential from the stabilized materials. V OCs were
retained for analyses based on continued trace detections (below MCLs) in the groundwater.
4.8 Other O&M Activities
During each site visit, the perimeter security fence and consolidation cell cap and slopes were
inspected and maintenance activities were conducted as required in accordance with the O&M
Plan. The consolidation cell was inspected to:
• Assure continued protection of human health and the environment,
• Verify that no conditions exist that would result in an imminent hazard to human health or
the environment from the consolidated/treated soil that has been placed in the cell,
• Verify that construction components of the cell are intact and operating properly, and
• Verify that no excessive erosion is occurring that could endanger the security of the
consolidation cell and/or that might result in exposure or release of the consolidated/treated
soil in the cell.
• Verify that the asphalt cover over the cell was in good condition.
Biannual inspections conducted from 2004 to 2007 indicated that the asphalt cap and subgrade
remained intact with no visible breaches or suspect areas, and all inspection criteria were
satisfied. Similar to the groundwater monitoring, the ASSY team agreed to continue the O&M
activities on an annual basis starting in 2008. Annual inspections conducted from 2008 to 2013
indicated that the asphalt cap remained intact and all inspection criteria were satisfied. In 2012, a
seal coat was applied to the asphalt cap as a preventative measure to further preserve the integrity
of the asphalt.
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During each field event, the consolidation cell cap slopes were also inspected for
damage/degradation. Small erosion channels were occasionally generated from surface water
runoff. These channels were filled with gravel and soil, and the repaired areas were covered with
grass seed. Subsequent inspections indicated that the repairs to the small erosional channels
have been successful. To minimize potential disruption of the consolidation cell and liner, large
vegetation on the cap slopes were cleared every year.
Routine inspections of the perimeter (site) fence showed infrequent minor damage. Holes in the
fence were repaired, and other repairs such as gate replacement were implemented to maintain
the integrity of the fence. The fence provides sufficient perimeter security. In addition, the
maintenance activities included placement of wood pads below trailers parked on the cap to
prevent damage to the asphalt cap.
The annual O&M costs (including annual groundwater monitoring, reporting, meetings, etc) for
ASSY from 2008 to 2012 have ranged from $25,000 to $35,000 per year.
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5 PROGRESS SINCE THE LAST FIVE-YEAR REVIEW
5.1 Protectiveness Statement from the Previous FYR
The protectiveness statement from the previous FYR in 2008 was:
The remedy is protective and is expected to remain protective of human health and the
environment. Based upon the review of relevant documents and the site inspection, the remedy
is functioning as intended by the ROD and ESD. There have been no changes in the physical
condition of the site that would affect the protectiveness of the remedy. Long-term
protectiveness of the RAs will be verified by Institutional Controls (ICs), LTM and O&M
program, which- monitors groundwater COC concentrations and inspects and maintains the
integrity of the landfill cap and fences.
5.2 Issues and Recommendations from the Previous FYR
Issue
Recommendation
Future claims on site parcels may not
reference conservation easements.
Follow-up with the appropriate city and borough
agencies and title companies to ensure that future
claims reference the conservation easements.
In the previous 5-year review and the summary memorandum (Attachment 6), it was noted that
in 2007 a Statutory Quitclaim Deed was recorded transferring the title for Parcel I (TL-2101).
The deed did not mention the Conservation Easement or the required Conservation Easement
notice. The previous 5-year review report recommended that follow-up actions be conducted
with appropriate city and borough agencies and title companies to ensure that future claims
reference the conservation easements.
To address this issue, DLA contacted North Star Borough to ensure that future claims for the site
parcels reference conservation easements. The North Star borough website
(http://www.fairbanks.ak.us/Assessing/propsearch.aspx') has a link to the conservation easements
for all parcels. As a result, in 2009, when a Statutory Warranty Deed was recorded for Parcels II,
III, and IV, the deed included reference to the Conservation Easements. In addition, the new
owner for Parcel I (Mr. Carl Pederson Jr.) was notified that the 2007 Quit Claim did not include
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the Conservation Easement notice and recommended that future claims on this parcel should
reference the conservation easement. This indicates that the issue from the first FYR has been
resolved. In 2009, a Statutory Warranty Deed was recorded for Parcels II, III, and IV. The deed
did not include the exact required Conservation Easement notice, but did include reference to the
Conservation Easements.
5.3 Change in Land Ownership
Since the last five-year review, the property ownership for TL-2111, TL-2112, TL-2113 and TL-
2131 (see Figure 2) has changed from Mr. R. McPeak to Mr. W. Hoople. Mr. Hoople also owns
the property (asphalt plant) located to the east of lot TL-2113. During the 2012 site visit, Mr.
Hoople informed DLA personnel that he was aware of the ICs at the site.
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6 FIVE-YEAR REVIEW PROCESS
The five-year review process for ASSY was initiated in April 2013. The ASSY five-year review
team was led by EPA Remedial Project Manager (RPM) for ASSY (Ms. Jackie Kramer) and
included support from the DLA representative (Ms. Therese Deardorff), ADEC RPM (Mr. Fred
Vreeman) and AECOM (Mr. Manish Joshi). The following activities were conducted during the
five-year review:
• The land owners were contacted in May 2013 and notified of the upcoming review.
Comments from the site owners regarding the remedial actions and follow-on monitoring
were collected in July 2013. A notice requesting public comments on the five-year review
was printed in the local Fairbanks paper on 18 August 2013. No comments were received
from the public. After completion of the five-year review, copies of the report will be made
available via the administrative record. A public notice to announce the availability of the
report will be issued.
• A site inspection of the ASSY site was performed on 17 July 2013, by EPA, ADEC, DLA
and the DLA contractor. The purpose of the inspection was to assess the protectiveness of
the remedy, including the access restrictions at the site. The site inspection checklist is
included in Attachment 4.
• Interviews were conducted with EPA, DLA, ADEC, two site owners (Mr. Carl Pederson Jr.
and Mr. William Hoople) and one tenant (Mr. Cliff Everts). The interview forms are
presented in Attachment 5.
• The five-year review team conducted a technical assessment of ASSY site and the findings
and recommendations are provided in this report.
6.1 Document and Data Review
This five-year review consisted of a review of relevant documents which included RI reports,
remedial action and construction completion reports, and O&M reports. T he applicable
groundwater cleanup levels specified in the ROD were also reviewed. A complete list of the
documents reviewed is shown in Attachment 1. The five-year review team also conducted a
review of the LTM and O&M data collected from 2004 to 2013.
From 2008 t o 2013, groundwater monitoring was performed annually and no COC in any
groundwater sample have been detected above the drinking water standards (MCLs or ROD
mandated cleanup levels) or background levels. Arsenic was detected in two groundwater
monitoring wells in 2008, one monitoring well in 2010, and two monitoring wells in 2013 at
concentrations above its MCL (10 |ig/L), but was in the range of naturally occurring background
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levels (36 |ig/L - Ft. Wainwright background concentration [USACE, 1994], 26.8 |ig/L - Site
background concentration [Shannon & Wilson, 1994]). Historical groundwater analytical results
(2008 to 2013) are included in Attachment 3. Since 2005, no COCs at ASSY have exceeded their
respective groundwater cleanup or background levels.
A Title Search was completed in October 4, 2013, by AECOM (Attachment 6) for EPA, and
evaluation of the Title Report by Yukon Title, Inc. (underwritten by First American Title
Insurance Company). EPA confirmed that ICs were recorded on all the parcels with
contamination above levels deemed safe for unlimited use and unrestricted exposure and were
not compromised by any prior encumbrances. The title search documentation and a
memorandum summarizing the results of the title search are presented as Attachment 6.
6.2 Site Inspection
The site inspection was conducted by the five-year review team on 17 July 2013. The inspection
team members are listed above. The consolidation cell cap, perimeter fence, and cap side slopes
were inspected. No significant issues affecting the protectiveness of the remedy were noted.
The site inspection results are included in Attachment 4. The ADEC representative stated that
the deed restrictions imposed at ASSY are effective, since he gets periodic calls from potential
buyers regarding site conditions and restrictions.
In addition, ADEC maintains an online database of contaminated sites. This database indicates
that the ASSY site is subject to a deed notice, industrial land use restrictions, maintenance of
inspections/engineering controls, groundwater restrictions and excavation restrictions.
The five-year team agreed that deed restrictions, groundwater monitoring and site
inspection/O&M activities are adequately addressing exposure issues at the site.
6.3 Interviews
Interviews were held with parties familiar with the ASSY at the site. Overall, there were no
significant problems identified in the interviews. The interviewees included representatives from
EPA and ADEC. Two land owners (Mr. Carl Pederson Jr. and Mr. William Hoople) and one
tenant (Mr. Cliff Everts), who leases the consolidation cell parking lot, were interviewed and did
not express any concerns regarding the integrity of the consolidation cell or the perimeter fence.
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The landowners and renter visit the site routinely. T he interview forms are presented in
Attachment 5.
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7 TECHNICAL ASSESSMENT
In accordance with current EPA guidance (EPA, 2001), a five-year review should determine
whether the remedy at the site is protective of human health and the environment. The technical
assessment of a remedy examines three questions which provide a framework for organizing and
evaluating data and information and ensures that all relevant issues are considered when
determining the protectiveness of the remedy. These questions are presented in the following
sections.
7.1 Question A:
Is the remedy functioning as intended by the decision document?
Yes. The review of documents (Attachment 1) indicates that the remedies are functioning as
intended in the ROD and ESD have met the intent of the ROD and ESD.
The selected remedy for the site included excavation and off-site disposal of the most
contaminated materials (dioxins-, pesticide-, and PCB-contaminated soils) and stabilization and
on-site placement (in the consolidation cell) of the remaining PCB and lead contaminated soils
above the ROD mandated cleanup levels. The O&M program includes routine groundwater
monitoring for the site COCs, vegetation clearing, inspection and maintenance of the cap and
surrounding drainage areas, and inspection and maintenance of the site fence and monitoring
wells. Since 2008, no COCs have been detected in the groundwater monitoring wells above their
respective cleanup or background levels. This indicates that groundwater at the site has not been
adversely impacted.
ICs were implemented consistent with the selected remedy and address all areas of site-related
contamination that are above levels that allow for unrestricted use and unlimited exposure. The
ICs, including deed restrictions, fencing/signage and routine inspections have been effective in
preventing unauthorized access to or unauthorized development of the site. Based on this
review, the existing ICs are appropriate and are expected to remain adequate and effective.
7.2 Question B:
Are the exposure assumptions regarding toxicity data, cleanup levels, and remedial action
objectives used at the time of the remedy selection still valid?
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The RAOs used at the time of the remedy selection (ROD and ESD) are still valid. There have
been no changes in the potential exposure pathways at the site. The exposure assumptions used
to develop the human health risk assessments remain valid. EPA has since revised the industrial
cleanup level for lead from 1,000 mg/kg to 800 mg/kg, however, more recent consultations with
EPA Toxicologist in Region 10, indicate that it should now be revised again to a level of
1,100 mg/kg based on current maternal blood levels and a conservative fetal target level of 5 ug/dL. .
A review of the ASSY confirmation sampling results for lead indicate that none of the samples
(of over 400 confirmation samples collected) showed residual lead levels of over 1,100 mg/kg.
Fourteen of these sampling locations exceeded 800 mg/kg, but seven were located underneath the
consolidation cap and were treated with TSP and Portland cement prior to placing stabilized soil
over, and the remaining seven were all below 1,00 mg/kg (the highest being 971 mg/kg).
Therefore, the new industrial cleanup level for lead will not affect the protectiveness of the remedy
implemented at ASSY.
There have been changes in the toxicity factors for some of COCs listed in the ROD. Potential
impacts from these changes are discussed below.
The oral and inhalation carcinogenic slope factors for PCBs have been revised since completion
of the baseline human health risk assessment (Ecology & Environment, Inc, 1994). The current
EPA industrial soil regional screening level (RSL) for several of the PCB Aroclors is 0.74
mg/kg, based on the target carcinogenic risk of 1 x 10"6, which is more conservative than the
ROD-mandated TSCA value of 10 mg/kg. If the RSL was re-calculated based on a target risk of
1 x 10"5, which is often used in estimating cleanup levels (and is consistent with the ROD and
ADEC guidelines), the resulting screening value would be 7.4 mg/kg. A review of the post-
excavation PCB confirmation data indicates that only 19 out of 468 samples exceed the
screening level of 7.4 mg/kg. Four of these sampling locations are underneath the consolidated
cap and were treated with TSP and Portland cement prior to placing stabilized soil over these
locations. One sampling location is underneath the eastern drainage canal and the sampling
results around these locations showed PCB levels well below 7.4 mg/kg. The remaining 14
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locations are scattered throughout the site, and similar to the drainage canal location, the
sampling results adjacent to these locations showed PCB levels well below 7.4 mg/kg.
Regardless, the cleanup level for PCBs in soil of 10 mg/kg is the promulgated TSCA value,
which has not changed since the 1995 ROD for ASSY. Therefore the changes in the PCB
toxicity values will not affect the protectiveness of the remedy.
EPA's dioxin reassessment has been developed and undergone review for many years, with the
participation of scientific experts in EPA and other federal agencies, as well as scientific experts
in the private sector and academia. The Agency followed current guidelines and incorporated
the latest data and physiological/biochemical research into the reassessment. On February 17,
2012, EPA released the final human health non-cancer dioxin reassessment, publishing an oral
non-cancer toxicity value, or reference dose (RfD), of 7 x 10"10 mg/kg-day for 2,3,7,8-
tetrachlorodibenzo-p-dioxin (TCDD) in EPA's Integrated Risk Information System (IRIS). The
dioxin cancer reassessment will follow thereafter. The dioxin RfD was approved for immediate
use at Superfund sites to ensure protection of human health.
The soil dioxin cleanup in the ROD is 0.44 (J,g/kg. The current EPA industrial carcinogenic RSL
for dioxins in soil is 0.018 (J,g/kg, based on the target carcinogenic risk of 1 x 10"6. The current
EPA industrial RSL, based on EPA's 2012 non-cancer toxicity value for dioxin, and reflecting a
hazard quotient of 1, is 0.597 ug/kg. This soil level is within EPA's acceptable cancer risk
range, reflecting a carcinogenic risk of 1 x 10"5. The 2003 confirmation sampling results show
that the residual onsite soil dioxin levels are less than the industrial carcinogenic RSL of 0.18
[j,g/kg. Thus, the residual levels of soil dioxin remaining on site following the 2003 excavations
are still protective of industrial workers.
The toxicity factors for DDD and DDT have also changed since the 1994 risk assessment. Based
on the new carcinogenic inhalation slope factors, the current EPA industrial soil RSLs for DDD
and DDT are 7.2 mg/kg and 7.0 mg/kg. T hese screening levels are based on the target
carcinogenic risk of 1 x 10"6. If the RSLs were re-calculated based on a target risk of 1 x 10"5,
which is often used in estimating cleanup levels (and is consistent with the ROD and ADEC
guidelines), the resulting screening values would be 72 and 70 mg/kg. The site cleanup levels
for DDD and DDT are 21 mg/kg and 15 mg/kg, respectively, which are more protective than the
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revised RSLs. Therefore, the amounts of DDD and DDT remaining on site following the 2003
excavations are still protective of the industrial worker.
It should also be noted that the cancer slope factors and thus the RSLs for PAHs have also
changed since the ROD was established. Although benzo[a]pyrene and dibenz[a,h]anthracene
were not selected as COCs in the ROD, the revision of the inhalation slope factor has resulted in
current industrial soil RSLs of 0.21 mg/kg for both PAHs. The exposure point concentrations for
benzo[a]pyrene (0.772 mg/kg) and dibenz[a,h]anthracene (0.343 mg/kg) both exceed the current
industrial RSLs. However, these screening levels are based on the target carcinogenic risk of 1 x
10"6. If the RSLs were re-calculated based on a target risk of 1 x 10"5, which is often used in
estimating cleanup levels (and is consistent with the ROD and ADEC guidelines), the resulting
screening value would be 2.1 mg/kg. In addition, a comparison of the pre-remediation locations
of these PAH previous screening criteria exceedances were made with the locations for the 2003
excavations. It is apparent that the PAHs were excavated along with the PCBs and other COCs.
Thus, the residual levels of PAHs possibly remaining on site following the 2003 excavations are
still protective of industrial workers.
The ROD and ESD-mandated cleanup levels for groundwater are consistent with current EPA
cleanup levels. Although there have been changes to the toxicity factors for some of the
contaminants historically detected in groundwater, the 2008 to 2013 groundwater monitoring
data indicates no exceedances of any COCs above respective cleanup levels or background
levels. In addition, groundwater use at the site has been restricted, and there is no known use of
the site groundwater. Therefore, the current groundwater remedy of long term monitoring is
deemed to be protective.
ICs specified in the ROD and ESD will continue to prevent excavation, construction,
groundwater use as drinking water, or other incompatible uses at the site. Land use at the site
remains consistent with the ICs and selected remedy, and the only minor change, leasing of the
area above the containment cell for use of a p arking lot, is consistent with and will not
compromise the ICs. A title search of the properties at the site confirmed that the land use
restrictions are still in place. In addition, the Fairbanks North Star Borough property database
includes the conservation easements for the 5 parcels at the site (Attachment 6).
7-4
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska
December 2013
There have been no changes in the physical conditions of the site that would affect the
protectiveness of this remedy.
7.3 Question C:
Has any other information come to light that could call into question the protectiveness of
the remedy?
No. There is no new information that would question the protectiveness of the remedy. The
groundwater monitoring data indicate that groundwater contaminant concentrations have not
exceeded standards or background levels (since 2005). The review of O&M and performance
monitoring data indicates that the ICs and O&M activities at the site continue to be protective.
7.4 Technical Assessment Summary
Based on a review of the historical site (remedial investigation, remedial action and LTM) data,
the remedy is functioning as intended by the ROD and ESD and remains protective. T he
physical conditions of the site have not changed, and the cleanup goals cited in the ROD for soil
and groundwater are being met.
7-5
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
8 ISSUES
There are no issues identified in this five-year review for ASSY.
8-1
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska
December 2013
9 RECOMMENDATIONS AND FOLLOW-UP ACTIONS
The five-year review team (EPA, ADEC and DLA) discussed the results from the 2008 to 2013
activities. Based on these results and the findings from the site inspection, the team recommended the
following activities and schedule for issues that do not affect protectiveness:
DLA will conduct annual site inspections at the site to verify IC effectiveness, cap and fence
integrity. Property owners will also be interviewed to see if they have any questions or concerns,
and DLA will submit a Tech Memo summarizing the annual site inspection;
Conduct cap and fencing inspections and routine cap, slope and vegetation maintenance
activities every 2 years. The next maintenance event will be conducted in summer 2015.
Since groundwater COCs have not exceeded their respective cleanup or background levels
since 2005, conduct groundwater monitoring every 5 years. The next groundwater monitoring event
will be conducted in 2018 and data included in the next five year review.
Prepare a revised LTM plan in accordance with the Uniform Federal Policy for Quality
Assurance Project Plans to document the above recommended changes.
Updated prepared fact sheet, as required, that summarizes the remedy, ICs, and the points of
contact at DLA, ADEC and EPA. This fact sheet will be informative for future development of the
site. An approval process for new structures and other land developments is included.
9-1
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska
December 2013
10 PROTECTIVENESS STATEMENT
The remedy at Arctic Surplus is protective of human health and the environment. The remedy is
expected to remain protective of human health and the environment. Based upon the review of
relevant documents and the site inspection, the remedy is functioning as intended by the ROD
and ESD. There have been no changes in the physical condition of the site that would affect the
protectiveness of the remedy. Long-term protectiveness of the RAs will be verified by ICs, LTM
and O&M program, which monitors groundwater COC concentrations and inspects and
maintains the integrity of the landfill cap and fences.
10-1
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska
December 2013
11 NEXT REVIEW
The next five-year review for ASSY will be completed by December 2018. The integrity of the
consolidation cell cap, groundwater monitoring data and ICs should be reviewed to ensure that
the land use and groundwater restrictions are still in place and continue to be protective.
11-1
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
FIGURES
-------
/
/
/
*.*
X
SOURCE:
DELORME STREET ATLAS USA, (2004)
N
ARCTIC SURPLUS
FAIRBANKS, ALASKA
1/2
J/2
1 MILE
~ 4ALASKA
ARCTIC SURPLUS
SALVAGE YARD
OLD RICHARDSON HIGHWAY
FAIRBANKS, ALASKA
FIGURE 1
SITE VICINITY MAP
FIVE-YEAR REVIEW
ARCTIC SURPLUS SALVAGE YARD
FAIRBANKS, ALASKA
PROJECT MANAGER:
MANISH JQSHI
PROJECT NQ:60278077
QATE;MAY 2013
FIGURE NO; 1
-------
FORMER LOCATION OF GROUNDWATER
MONITORING WELL PLUGGED AND
ABANDONED ON JULY 14, 2008.
EXISTING GROUNDWATER MONITORING
WELL AND GROUNDWATER ELEVATION
FEET ABOVF MFAN SFA I FVFI
MEASURED IN JUNE, 2012
GROUNDWATER ELEVATION
GROUNDWATER FLOW DIRECTION
FENCING
PARCEL BOUNDARY
PROPERTY BOUNDARY
RAILROAD
FIGURE 2
GENERALIZED GROUNDWATER ELEVATION MAP
FIVE-YEAR REVIEW
ARCTIC SURPLUS SALVAGE YARD
FAIRBANKS, ALASKA
PROJECT N0:60278077
DATE:MAY 2013
FIGURE NO: 2
-------
FORT
WAINWRIGHT
o
LEGEND
AREA EXCEEDED RESIDENTIAL CLEANUP
STANDARDS FOR PCBs (1 mg/kg);
SOIL REMOVED
EXCEEDED INDUSTRIAL CLEANUP
STANDARDS FOR LEAD (1000 mg/kg)
EXCEEDED INDUSTRIAL CLEANUP
STANDARDS FOR PCBs (10 mg/kg)
EXCEEDED INDUSTRIAL CLEANUP
STANDARDS FOR LEAD AND PCBs
HOT ZONE FENCELINE
— PROPERTY FENCELINE
NOTES
1 SITE PLAN IS ADAPTED FROM DRAWING
PROVIDED BY ALASKA DISTRICT, CORPS
OF ENGINEERS, ANCHORAGE, ALASKA
2 CURRENT OWNERSHIP BASED ON THE
FAIRBANKS NORTH STAR BOROUGH
ASSESSOR'S RECORDS.
3.
DURING REMEDIAL ACTIONS, ALL SURFACE
CONTAMINATION WAS REMOVED,
REF: SECTION 2, EARTH TECH, 2004 (JULY).
FINAL REMEDIAL ACTION REPORT,
ARCTIC SURPLUS SALVAGE YARD,
FAIRBANKS, ALASKA.
N
80 0 80 160 FEET
ARCTIC SURPLUS
SALVAGE YARD
OLD RICHARDSON HIGHWAY
FAIRBANKS, ALASKA
FIGURE 3
PRE-REMEDIAL ACTION EXTENT OF CONTAMINATION
FIVE-YEAR REVIEW
ARCTIC SURPLUS SALVAGE YARD
FAIRBANKS, ALASKA
PROJECT MANAGER:
MANISH JOSHI
PROJECT NO: 68429
DATE: NOV. 08
FIGURE NO: 3
-------
LEGEND
~ GROUNDWATER FLOW DIRECTION
SOURCE:
AERIAL PHOTOGRAPHY, EARTH TECH (JUNE 2004)
ARCTIC SURPLUS
SALVAGE YARD
OLD RICHARDSON HIGHWAY
FAIRBANKS, ALASKA
PROJECT MANAGER:
MANISH JOSHI
FIGURE 4
OBLIQUE AERIAL PHOTO {VIEW TO EAST)
FIVE-YEAR REVIEW
ARCTIC SURPLUS SALVAGE YARD
FAIRBANKS, ALASKA
PROJECT NO: 60278077
DATE: MAY 2013
FIGURE NO: 4
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
Attachment 1: LIST OF DOCUMENTS REVIEWED
-------
Attachment 1
List of Documents Reviewed
AECOM. 2013 (February). Final Annual Long Term Monitoring Report - 2012 for Arctic
Surplus Salvage Yard, Fairbanks Alaska.
AECOM. 201 la (February). Final Annual Long Term Monitoring Report - 2010 for Arctic
Surplus Salvage Yard, Fairbanks Alaska.
AECOM. 201 lb (September). Final Annual Long Term Monitoring Report - 2011 for Arctic
Surplus Salvage Yard, Fairbanks Alaska.
AECOM. 2010 (April). Final 2009 Annual Long Term Monitoring Report for Arctic Surplus
Salvage Yard, Fairbanks Alaska.
AECOM. 2009 (April). Final 2008 Annual Long Term Monitoring Report - 2012 for Arctic
Surplus Salvage Yard, Fairbanks Alaska.
Alaska Department of Environmental Conservation. 2008 (October). 18 AAC 75 Oil and Other
Flazardous Substances Pollution Control - Soil and Groundwater Cleanup Levels -
Table 2.
Tech, Inc. (Earth Tech). 2004 ( July). Final Remedial Action Report, Arctic Surplus
Salvage Yard, Fairbanks, Alaska.
Tech, Inc. (Earth Tech). 2004 ( November). Operations and Maintenance Plan, Arctic
Surplus Salvage Yard, Fairbanks, Alaska.
Tech, Inc. (Earth Tech). 2005 (December). Final Site Activities in Support of Remedial
Action Report, Arctic Surplus Salvage Yard, Fairbanks, Alaska.
Tech, Inc. (Earth Tech). 2005 (December). Final 2004 Semiannual Groundwater
Monitoring Results, Arctic Surplus Salvage yard, Fairbanks, Alaska.
Tech, Inc. (Earth Tech). 2006 (August). Final 2005 Semiannual Groundwater Monitoring
Results, Arctic Surplus Salvage Yard, Fairbanks, Alaska.
Tech, Inc. (Earth Tech). 2007 (July). Final 2006 Semiannual Groundwater Monitoring
Results, Arctic Surplus Salvage Yard, Fairbanks, Alaska.
Tech, Inc. (Earth Tech). 2008 (January). Final 2007 Semiannual Groundwater
Monitoring Results, Arctic Surplus Salvage Yard, Fairbanks, Alaska.
Ecology & Environment, Inc. 1994 (July). Final Baseline Human Health and Ecological Risk
Assessment, Arctic Surplus Salvage yard, Fairbanks, Alaska.
Shannon & Wilson, Inc. (Shannon & Wilson). 1994 (October). Arctic Surplus Salvage Yard,
Remedial Investigation/Feasibility Study, Fairbanks Alaska
United States Army Corps of Engineers (USACE). 1994 (March). Background Data Analysis
for Arsenic, Barium , Cadmium, Chromium and Lead on Ft. Wainwright, Alaska. Final.
United States Environmental Protection Agency (EPA). 2001 (July). Comprehensive Five-Year
Review Guidance.
Earth
Earth
Earth
Earth
Earth
Earth
Earth
-------
U.S. Environmental Protection Agency (EPA). 1995 (April). Record of Decision, Arctic Surplus
Salvage Yard.
U.S. Environmental Protection Agency (EPA). 2004 (April). Explanation of Significant
Differences Memorandum: Arctic Surplus Salvage Yard.
U.S. Environmental Protection Agency (EPA). 2008 (December). First Five-Year Review
Report for Arctic Surplus Salvage Yard, Fairbanks Alaska - Final.
United States Environmental Protection Agency (EPA). Current Drinking Water Standards,
National Primary Drinking Water Regulations, Region IXscreening levels (2013).
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
Attachment 2: CONSERVATION EASEMENTS
-------
i
CONSERVATION EASEMENT
Fairbanks Recording District
This Conservation Easement is made this day of October,
2003 by Roger McPeak and Betty McPeak, P.O. Box 58076, Fairbanks,
Alaska 99711 {"Grantors"), and the State of Alaska, Department of
Natural Resources, Division of Mining, Land and Water, Realty Services
Section, 550 West 7th Ave., Ste.1050, Anchorage AK 99501-3579 ("State"
or "Grantee"}, to convey an interest in the property described below.
This. Conservation Easement is authorized under the Uniform Conservation
Easement Act, Alaska Statute 34.17.010 - 34.17.060, and under common
law.
RECITALS:
1. Grantors are the owner in fee simple of the tract or parcel of
land (hereinafter "the Property") situated within:
That part of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of Section Twenty-One (21),
Township One (1) South, Range One (1) East, Fairbanks
Meridian, more fully described under Parcel III in the
Warranty Deed dated August 24, 1976, from Carl Pederson and
Mabel Pederson, Grantors, to Roger G. McPeak and Betty
McPeak, Grantees, recorded October 8, 197 6 in Book 53, Page
891, Fairbanks Recording District (Parcel III). (Tax lot
2113. )
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated biphenyls
(PCBs). The Property is listed on the United States Environmental
Protection Agency's (EPA's) National Priorities List as the Arctic
Surplus Superfund Site. EPA has issued a 1995 Record of Decision (ROD)
and 2003 Explanation of Significant Differences (ESD) for environmental
cleanup of the Property.
3. Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwater. The cleanup was
based on industrial and commercial land use only. Because of remaining
levels of lead and PCB contamination and a low risk that ordnance and
explosive waste remain on the Property, residential use is not allowed.
Institutional controls are required in order to provide long-term
maintenance, sampling and repair of the remedy, to restrict land use
that could damage the remedy or cause human exposure to contaminants,
and to inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act and common law, to grant the easement to the
State and a third party right of enforcement (including access) to the
United States in order to protect and maintain the cleanup remedy, to
-------
protect natural resources, water quality and the environment, and to
protect human health and safety. «
The United States, through the Environmental Protection Agency, under
its third party right of enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
activities contained in this easement. Nothing herein limits the
State's authority to enforce this Conservation Easement.
PROHIBITED ACTIVITIES:
5. Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency {EPA), the
following listed activities are prohibited:
a. Damaging or interfering with groundwater monitoring wells or other
structures or systems designed to monitor groundwater contamination.
b. Placing wells and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. These prohibitions do not
apply to wells used to monitor contamination.
c. Transporting soil off-site, unless approved in writing. This does
not prohibit using the Property for commercial or industrial purposes
that do not cause a risk of exposure to contaminants or a health and
safety risk.
d. Residential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. These limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, or unless
approved in writing.
REQUIRED ACTIVITIES:
6. Unless otherwise specifically authorized in writing by EPA, the
following listed activities are required:
a. Giving notice to EPA within a reasonable time that restricted
activities have occurred or are occurring.
b. Notifying local authorities {Fairbanks North Star Borough,
Department of Emergency Operations (907) 459-1481 or Alaska State
Troopers (907) 451-5100) if ordnance-related material is discovered.
c. Including the following language in any Instrument conveying an
interest in the Property:
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS ON {date),
IN BOOK , PAGE , IN FAVOR OF THE STATE OF ALASKA, AND WITH A
THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE UNITED STATES AND ITS
AUTHORIZED REPRESENTATIVES.
d. Granting access during reasonable hours {or if there is an
emergency or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States. This
-------
right of entry is granted for the following purposes: monitoring,
maintaining and repairing wells an<4 the soil remedy; responding to
reports of ordnance and explosive waste; and investigating violations
and enforcement of the restrictions listed above,
GENERAL PROVISIONS:
7. This Conservation Easement is for the benefit of the Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States.
8.- This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given that
covers or describes the Property or any part of the Property. By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest (and each of their
heirs, successors, transferees or assignees) agrees with Grantors arid
each other to be bound by the provisions of this Conservation Easement.
9. This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantors, and their heirs, successors, and assigns.
Following EPA's written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantors hereby covenant that they are lawfully seized of the
Property, in fee simple, have good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
11. This Conservation Easement shall be interpreted and governed by
the laws of the State of Alaska. Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation Easement,
EPA shall consult with the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues.
14. Required notices shall be in writing and be shall hand carried or
sent by first class mail (unless otherwise agreed by the Parties) to
the following addresses:
To Grantors:
To Grantee:
-------
Roger McPeak
Be'tty McPeak
P.O. Box 58076
Fairbanks, AK 99709
Dept. of Natural Resources
Div. of Mining, Land & Water
Realty Services Section
550 W. 7th Ave., Ste. 1050
Anchorage, AK 99501-3579
To.the United States:
Director, Office of Environmental Cleanup
United States Environmental Protection Agency
Region 10
1200 Sixth Avenu.e
Seattle, WA 93101
In addition, the owners of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified with
return receipt) to all persons, if any, holding a financial interest in
the Property.
IN. WITNESS THEREOF Grantors and Grantee have set their hand on
this day of , 2003.
SIGNATURE:
SIGNATURE:
GRANTOR'S ACKNOWLEDGMENT: (notary)
NOTARY PUBLIC
Veronica L. Ganison_
JLAjzx^-J-Cj~
STATE OF ALASKA i..^.
My Commission Expires: JJllErCr.
ACCEPTANCE
Pursuant to AS 38.05.035(a) (12), the State of Alaska hereby
accepts this CONSERVATION EASEMENT conveying to the State of Alaska,
its successors in administrative function and assigns, the interest in
the Property described herein.
STATE OF ALASKA
Department of Natural Resources
Dated:
By:
Director, Division of
Mining, Land & Water.
AFTER RECORDING RETURN TO:
State of Alaska
Department of Law
Natural Resources Section
100 Cushman St., Ste. 400
Fairbanks, AK 99701.
-------
*
CONSERVATION EASEMENT
Fairbanks Recording District
This Conservation Easement is made this day of October,
2003 by Roger McPeak and Betty McPeak, P.O. Box 58076, Fairbanks,
Alaska 99711 ("Grantors"), and the State of Alaska, Department of
Natural Resources, Division of Mining, Land and Water, Realty Services
Section, 550 West 7th Ave., Ste.1050, Anchorage AK 99501-3579)("State"
or "Grantee"), to convey an interest in the property described below.
This Conservation Easement is authorized under the Uniform Conservation
Easement Act, Alaska Statute 34.17,010 - 34.17.060, and under common
law.
RECITALS:
1. Grantors are the owner in fee simple of the tract or parcel of
land (hereinafter "the Property") situated within:
That part of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of Section Twenty-One (21),
Township One (1) South, Range One (1) East, Fairbanks
Meridian, more fully described under Parcel I in the
Warranty Deed dated August 24, 197 6, from Carl Pederson and
Mabel Pederson, Grantors, to Roger G. McPeak and Betty
McPeak, Grantees, recorded October 8, 1976 in Book 53, Page
891, Fairbanks Recording District (Parcel I). (Tax lot
2112. )
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated biphenyls
(PCBs). The Property is listed on the United States Environmental
Protection Agency's (EPA's) National Priorities List as the Arctic
Surplus Superfund Site. EPA has issued a 1995 Record of Decision (ROD)
and 2003 Explanation of Significant Differences (ESD) for environmental
cleanup of the Property.
3. Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwater. The cleanup was
based on industrial and commercial land use only. Because of remaining
levels of lead and PCB contamination and a low risk that ordnance and
explosive waste remain on the Property, residential use is not allowed.
Institutional controls are required in order to provide long-term
maintenance, sampling and repair of the remedy, to restrict land use
that could damage the remedy or cause human exposure to contaminants,
and to inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act and common law, to grant the easement to the
State and a third party right of enforcement (including access) to the
United States in order to protect and maintain the cleanup remedy, to
-------
protect natural resources, water quality and the environment, and to
protect human health and safety. t
The United States, through the Environmental Protection Agency, under
its third party right of enforcement will be responsible for oversight
of the remedy including'enforcement of the prohibited and required
activities contained in this easement. Nothing herein limits the
State's authority to enforce this Conservation Easement.
PROHIBITED ACTIVITIES:
5. Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities are prohibited:
a. Damaging or interfering with groundwater monitoring wells or other
structures or systems designed to monitor groundwater contamination.
b. Placing wells and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. This prohibition does not
apply to wells used to monitor contamination.
c. Transporting soil off-site, unless approved in writing. This does
not prohibit using the Property for commercial or industrial purposes
that do not cause a risk of exposure to contaminants or a health and
safety risk.
d. Residential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. These limitations exist as long as contamination exceeds
levels allowed by State or Federal la'.-; for residential use, or unless
approved in writing.
REQUIRED ACTIVITIES:
6. Unless otherwise specifically authorized in writing by EPA, the
following listed activities are required:
a. Giving notice to EPA within a reasonable time that restricted
activities have occurred or are occurring.
b. Notifying local authorities (Fairbanks North Star Borough,
Department of Emergency Operations (907)459-1481 or Alaska State
Troopers (907) 451-5100) if ordnance-related material is discovered.
c. Including the following language in any Instrument conveying an
interest in the Property:
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS ON (date), '
IN BOOK , PAGE , IN FAVOR OF THE STATE OF ALASKA, AND WITH A
THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE UNITED STATES AND ITS
AUTHORIZED REPRESENTATIVES.
d. Granting access during reasonable hours (or if there is an
emergency or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States, This
-------
right of entry is granted for the following purposes: monitoring,
maintaining and repairing wells sr.* the soil remedy; responding to
reports of ordnance and explosive waste; and investigating violations
and enforcement of the restrictions listed above.
GENERAL PROVISIONS:
7.. This Conservation Easement is for the benefit of the Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States.
8. This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given that
covers or describes the Property or any part of the Property. By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest (and each of their
heirs, successors, transferees or assignees) agrees with Grantors and
each other to be bound by the provisions of this Conservation Easement.
9. This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantors, and their heirs, successors, and assigns.
Following EPA1s written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may -terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantors hereby covenant that they are lawfully seized of the
Property, in fee simple, have good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
11. This Conservation Easement shall be interpreted and governed by
the laws of the State of Alaska. Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation Easement,
EPA shall consult with the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues.
14. Required notices shall be in writing and be shall hand carried or
sent by first class mail (unless otherwise agreed by the Parties) to
the following addresses:
To Grantors:
To Grantee:
-------
Roger McPeak
Betty McPeak
P.O. Box 5807 6
Fairbanks, AK 99709
Dept. of Natural Resources
* Div. of Mining, Land & Water
Realty Services Section
550 W.7th Ave., Ste. 1050
Anchorage, AK 99501-357 9
To.the United States:
Director, Office of Environmental Cleanup
United States Environmental Protection Agency-
Region 10
1200 Sixth Avenue
Seattle, WA 98101
In addition, the owners of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified v/ith
return receipt) to all persons, if any, holding a financial interest in
the Property.
IN WITNESS THEREOF Grantors and Grantee have set their hand on
this C\ day of QcJndhP-C , 2003.
SIGNATURE : a-^9 „
SIGNATURE:
^ i
/"prantpr
Gyantoy
GRANTOR'S ACKNOWLEDGMENT: (notary)
-------
t
CONSERVATION EASEMENT
Fairbanks Recording District
This Conservation Easement is made this day of October,
2003 by Roger McPeak, P.O. Box 58076, Fairbanks, Alaska 99711
{"Grantor"), and the State of Alaska, Department of Natural Resources,
Division of Mining, Land and Water, Realty Services Section, 550 West
7th Ave., Ste.1050, Anchorage AK 99501-3579)("State" or "Grantee"), to
convey an interest in the property described below. This Conservation
Easement is authorized under the Uniform Conservation Easement Act,
Alaska Statute 34.17.010 - 34.17.060, and under common law.
RECITALS:
1. Grantor is the owner in fee simple of the tract or parcel of land
(hereinafter "the Property") situated within:
That-part of the Northeast Quarter (ME 1/4) of the
Southwest Quarter (SW 1/4) of Section Twenty-One (21),
Township One (1) South, Range One (1) East, Fairbanks
Meridian, more fully described in the Warranty Deed dated
January 15, 1979, from Carl Pederson, Grantor, to Roger G.
McPeak, Grantee, recorded January 19, 1979 in Book 135,
Page 919, Fairbanks Recording District (Tax Lot 2131).
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated biphenyls
(PC3s). The Property is listed on the United States Environmental
Protection Agency's (EPA's) National Priorities List as the Arctic
Surplus Superfund Site. EPA has issued a 1995 Record of Decision (ROD)
and 2003 Explanation of Significant Differences (ESD) for environmental
cleanup of the Property.
3. Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwater. The cleanup was
based on industrial and commercial land use only. Because of remaining
levels of lead and PCB contamination and a low risk that ordnance and
explosive waste remain on the Property, residential use is not allowed.
Institutional controls are required in order to provide long-term
maintenance, sampling and repair of the remedy, to restrict land use
that could damage the remedy or cause human exposure to contaminants,
and to inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act and common law, to grant the easement to the
State and a third party right of enforcement (including access) to the
United States in order to protect and maintain the cleanup remedy, to
protect natural resources, water quality and the environment, and to
protect human health and safety.
-------
The United States, through the Environmental Protection Agency, under
its third party right of enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
activities contained in this easement. Nothing herein limits the
State's authority to enforce this Conservation Easement.
PROHIBITED ACTIVITIES:
5. Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities are prohibited:
a. Damaging or interfering with groundwater monitoring wells or other
structures or systems designed to monitor groundwater contamination.
b. Placing wells and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. This prohibition does not
apply to wells used to monitor contamination.
c. Transporting soil off-site, unless approved in writing. This does
not prohibit using the Property for commercial or industrial purposes
that do not cause a risk of exposure to contaminants or a health and
safety risk.
d. Residential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. These limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, or unless
approved in writing.
REQUIRED ACTIVITIES:
6. Unless otherwise specifically authorized in writing by EPA, the
following listed activities are required:
a. Giving notice to EPA within a reasonable time that restricted
activities have occurred or are occurring.
b. Notifying local authorities (Fairbanks North Star Borough,
Department of Emergency Operations (907)459-1481 or Alaska State
Troopers (907) 4 51-5100) if ordnance-related material is discovered,
c. Including the following language in any Instrument conveying an
interest in the Property:
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS ON (date),
IN BOOK , PAGE , IN FAVOR OF THE STATE OF ALASKA, AMD WITH A
THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE UNITED STATES AND ITS
AUTHORIZED REPRESENTATIVES.
d. Granting access during reasonable hours (or if there is an
emergency or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States, This
right of entry is granted for the following purposes: monitoring,
maintaining and repairing wells and the soil remedy; responding to
-------
reports of ordnance and explosive waste; and investigating violations
and enforcement of the. restriction* listed above.
GENERAL PROVISIONS:
7. This Conservation Easement is for the benefit of the Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States.
8. This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given that
covers or describes the Property or any part of the Property. By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest {and each of their
heirs, successors, transferees or assignees) agrees with Grantors and
each other to be bound by the provisions of this Conservation Easement.
9. This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantor, and his heirs, successors, and assigns.
Following EPA's written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantor hereby covenants that he is lawfully seized of the
Property, in fee simple, has good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
11. This Conservation Easement shall be interpreted and governed by
the laws of the State of Alaska, Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation Easement,
EPA shall consult with the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues.
14. Required notices shall be in writing and be shall hand carried or
sent by first class mail (unless otherwise agreed by the Parties) to
the following addresses:
To Grantors: To Grantee:
Roger McPeak Dept. of Natural Resources
P.O. Box 5807 6 Div. of Mining, Land & Water
Fairbanks, AK 99709 Realty Services Section
550 W, 7th Ave., Ste. 1050
Anchorage, AK 99501-357 9
-------
To the United States:
Director, Office of Environmental (Jleanup
United States Environmental Protection Agency
Region 10
1200 Sixth Avenue
Seattle, WA 98101
In. addition, the owner of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified with
return receipt) to all persons, if any, holding a financial interest in
the Property.
rantee have set their hand on
Pursuant to AS 38.05.035(a) (12), the State of Alaska hereby
accepts this CONSERVATION EASEMENT conveying to the State of Alaska,
its successors in administrative function and assigns, the interest in
the Property described herein.
GRANTOR'S ACKNOWLEDGMENT: (notary)
NOTARY PUBLIC
Veronica L. Garrison_
ACCEPTANCE
STATE OF ALASKA
Department of Natural Resources
Dated:
By:
Director, Division of
Mining, Land & Water.
-------
AFTER RECORDING RETURN TO
State of Alaska
Department of Law
Natural Resources Section
100 Cushman St., Ste. 400
Fairbanks, AK 99701.
-------
-------
CONSERVATION EASEMENT
t
Fairbanks Recording District
This Conservation 'Easement is made this day of October,
2003 by Roger McPeak, P.O. Box 58076, Fairbanks, Alaska 99711
("Grantor"), and the State of Alaska, Department of Natural Resources,
Division of Mining, Land and Water, Realty Services Section, 550 West
7th Ave., Ste.1050, Anchorage AK 99501-3579}("State" or "Grantee"), to
convey an interest in the property described below. This Conservation
Easement is authorized under the Uniform Conservation Easement Act,
Alaska Statute 34.17.010 - 34.17.060, and under- common law.
RECITALS:
1. Grantor is the owner in fee simple of the tract or parcel of land
(hereinafter "the Property") situated within:
That part of the East One Half (E 1/2) of the Southwest
Quarter (SW 1/4) of Section Twenty-One (21), Township One
(1) South, Range One (1) East, Fairbanks Meridian, more
fully described in the Warranty Deed dated January 14,
1977, from Clotilda Hilbish, Shirley Ann Legarza, and
Ronald Gene Hilbish, Grantors, to Roger McPeak, Grantee,
recorded February 2, 1977, in Book 62, Page 859, Fairbanks
Recording District (Tax Lot 2111).
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated biphenyls
(PCBs). The Property is listed on the United States Environmental
Protection Agency's (EPA's) National Priorities List as the Arctic•
Surplus Superfund Site. EPA has issued a 1995 Record of Decision (ROD)
and 2003 Explanation of Significant Differences (ESD) for environmental
cleanup of the Property.
3. Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwater. The cleanup was
based on industrial and commercial land use only. Because of remaining
levels of lead and PCB contamination and a low risk that ordnance and
explosive waste remain on the Property, residential use is not allowed.
Institutional controls are required in order to provide long-term
maintenance, sampling and repair of the remedy, to restrict land use
that could damage the remedy or cause human exposure to contaminants,
and to inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act and common law, to grant the easement to the
State and a third party right of enforcement (including access) to the
United States in order to protect and maintain the cleanup remedy, to
protect natural resources, water quality and the environment, and to
protect human health and safety.
The United States, through the Environmental Protection Agency, under
its third party right of enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
-------
activities contained in this easement. Nothing herein limits the
State's authority to enforce this (ionservation Easement.
PROHIBITED ACTIVITIES:
5. Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities are prohibited:
a. Damaging or interfering with groundwater monitoring wells or other
structures or systems designed to monitor groundwater contamination.
b. Placing welis and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. This prohibition does not
apply to wells used to monitor contamination.
c. Transporting soil off-site, unless approved in writing. This does
not prohibit using the Property for commercial or industrial purposes
that do not cause a risk of exposure to contaminants or a health and
safety risk.
d. Presidential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. These limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, or unless
approved in writing.
REQUIRED ACTIVITIES:
6. Unless otherwise specifically authorized in writing by EPA, the
following listed activities are required:
a. Giving notice to EPA within a reasonable time that restricted
activities have occurred or are occurring.
b. Notifying local authorities (Fairbanks North Star Borough,
Department of Emergency Operations (907)459-1481 or Alaska State
Troopers (907) 451-5100) if ordnance-related material is discovered.
c. Including the following language in any Instrument conveying an
interest in the Property:
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED _, RECORDED IN THE PUBLIC LAND RECORDS ON (date),
IN BOOK , PAGE , IN FAVOR OF THE STATE OF ALASKA, AND WITH A
THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE UNITED STATES AND ITS
AUTHORIZED REPRESENTATIVES.
d. Granting access during reasonable hours {or if there is an
emergency or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States. This
right of entry is granted for the following purposes: monitoring,
maintaining and repairing wells and the soil remedy; responding to
reports of ordnance and explosive waste; and investigating violations
and enforcement of the restrictions listed above.
GENERAL PROVISIONS:
-------
7. This Conservation Easement is flor the benefit of the Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States.
8. This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given that
covers or describes the Property or any part of the Property. By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest (and each of their
heirs, successors, transferees or assignees) agrees with Grantors and
each other to be bound by the provisions of this Conservation Easement.
9. This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantor, and his heirs, successors, and assigns.
Following EPA* s written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording- a Release of
Conservation Easement.
10. Grantor hereby covenants that he is lawfully seized of the
Property, in fee simple, has good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
11. This Conservation Easement shall be interpreted and governed by
the laws of the State of Alaska. Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation Easement,
EPA shall consult with the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues.
14. Required notices shall be in writing and be shall hand carried or
sent by first class mail (unless otherwise agreed by the Parties) to
the following addresses:
To Grantors:
Roger McPeak
P.O. Box 58076
Fairbanks, AK 99709
To Grantee:
Dept. of Natural Resources
Div. of Mining, Land & Water
Realty Services Section
550 W. 7th Ave., Ste. 1050
Anchorage, AK 99501-3579
To the United States:
Director, Office of Environmental Cleanup
United States Environmental Protection Agency
Region 10
-------
1200 Sixth Avenue
Seattle, WA 98101 4
In addition, the owner of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified with
return receipt) to all persons, if any, holding a financial interest in
the Property.
-IN WITNESS THEREOF Grantor and Grantee have set their hand on
this day of , 2003.
SIGNATURE:1 JL^.
Grantor
GRANTOR'S ACKNOWLEDGMENT: (notar
NOTARY PUBLIC
Veronica L. Garrison
STATEOF ALASKA .1
My Commission Expires:' | | O r
y) \fA >
ACCEPTANCE
Pursuant to AS 38.05.035(a) {12}, the State of Alaska hereby
accepts this CONSERVATION EASEMENT conveying to the State of Alaska,
its successors in administrative function and'assigns, the interest in
the Property described herein.
STATE OF ALASKA
Department of Natural Resources
Dated:
By:
Director, Division of
Mining, Land & Water.
-------
AFTER RECORDING RETURN TO
State of Alaska
Department of Law
Hatural Resources Section
100 Cushman St., Ste. 400
Fairbanks, AK 99701.
-------
-------
CONSERVATION EASEMENT
Fairbanks Recording District
This Conservation Easement is made this day of October,
2003 by Carl Pederson, P.O. Box 1229, Fairbanks, Alaska, ("Grantor")
and the State of Alaska, Department of Natural Resources, Division of
Mining, Land and Water, Realty Services Section, 550 West 7tr- Ave.,
Ste.1050, Anchorage AK 99501-3579) ("State" or "Grantee"), to convey an
interest in the property described below. This Conservation Easement
is authorized under the Uniform Conservation Easement Act, Alaska
Statute 34.17.010 - 34.17.060, and under common law.
RECITALS:
1. Grantor is the owner in fee simple of the tract or parcel of land
("Property") situated within the Northwest 1/4 of the Southwest 1/4 of
Section Twenty-one, Township One South, Range One East, Fairbanks
Meridian (Parcel I) and within the Northeast Quarter of the Southwest
Quarter of Section Twenty-One, Township One South, Range One gast,
Fairbanks Meridian (Western 100 Feet Strip), as described in the Deed
in Lieu of Foreclosure, Book 501, Page 478, recorded on October 16,
1936, Fairbanks Recording District.
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated biphenyls
(PCBs). There is an old military landfill on the property. The
Property is listed on the United States Environmental Protection
Agency's (EPA's) National Priorities List as the Arctic Surplus
Superfund Site. EP.A has issued a 1995 Record of Decision (ROD') and
2003 Explanation of Significant Differences (ESD) for environmental
cleanup of the Property.
3. Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwater. The cleanup was
based on industrial and commercial land use only. A cover system was
placed over the landfill. Because of remaining levels of lead and PCB
contamination and a low risk that ordnance and explosive waste remain
on the Property, residential use is not allowed. Institutional
controls are required in order to provide long-term maintenance,
sampling and repair of the remedy, to restrict land use that could
damage the remedy or cause human exposure to contaminants, and to
inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act and common law, to grant the easement to the
State and a third party right of enforcement (including access) to the
United States in order to protect and maintain the cleanup remedy, to
protect natural resources, water quality and the environment, and to
protect human health and safety.
The United States, through the Environmental Protection Agency, under
its third party right of enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
activities contained in this easement. Nothing herein limits the
State's authority to enforce this Conservation Easement.
1
-------
PROHIBITED ACTIVITIES:
5. Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities are prohibited:
a. Damaging or interfering with the cleanup remedy over the landfill
area, including digging, drilling, or use that might penetrate, damage
or interfere with the landfill cover system, the fence, or drainage
systems, and any activity exceeding the operating limitations described
in'the attached operation and maintenance requirements for the landfill
cover system.
b. Damaging or interfering with groundwater monitoring wells or other
structures or systems designed to monitor groundwater contamination.
c. Placing wells and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. This prohibition does not
apply to wells used to monitor contamination.
d. Digging or moving soil that creates additional exposure to
contaminants or an environmental or health and safety risk, and
transporting soil off-site, unless approved in writing. This does not
prohibit using the Property for commercial or industrial purposes
consistent with the attached operation and maintenance requirements for
the landfill cover system.
e. Residential or agricultural use or similar uses causing exposure to
.contaminants, such as daycare or school facilities, or other residency-
type use. Except for deep-rooted plants, plantings for erosion control
and non-consumable plantings outside the restricted landfill area are
allowed. These limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, or unless
approved in writing.
f. Attached signs will be posted on 4 sides on soil containment cell
fence.
WARNING
DO NOT DISTURB OR DIG IN FENCED AREA
TREATED HAZARDOUS WASTE SOIL
PRESENT BELOW ASPHALT
For Information Contact State of Alaska
Department Of Environmental Conservation
(907) 451-2360
or
United States Environmental Protection Agency
1-800-424-4272
Sign dimensions 24"x24"
Capital Letters 2"
All other letters and numbers 1"
White background with Red letters
2
-------
REQUIRED ACTIVITIES:
6. Unless otherwise specifically authorized in writing by EFA, the
following listed activities are required:
a. Giving notice to EPA within a reasonable time that restricted
activities have occurred or are occurring,
b. Notifying local authorities (Fairbanks North Star Borough,
Department of Emergency Operations (907)459-1481 or Alaska State
Troopers (907) 451-5100) if ordnance-related material is discovered.
c. Including the following language in any Instrument conveying an
interest in the Property:
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS ON
, IN BOOK , PAGE , IN FAVOR OF THE STATE OF
ALASKA, AND WITH A THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE
UNITED STATES AMD ITS AUTHORIZED REPRESENTATIVES,
d. Granting access during reasonable hours (or if there is an
emergency or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States. This
right of entry is granted for the following purposes: maintaining the
landfill cover system remedy; monitoring, maintaining and repairing
wells and the soil remedy; responding to reports of ordnance and
explosive waste; and investigating violations and enforcement of the
restrictions listed above.
GENERAL PROVISIONS:
7. This Conservation Easement is for the benefit of the Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States.
8. This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given that
covers or describes the Property or any part of the Property. By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest (and each of their
heirs, successors, transferees or assignees) agrees with Grantor and
each other to be bound by the provisions of this Conservation Easement.
9. This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantor, and his heirs, successors, and assigns.
Following EPA's written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantor hereby covenants that he is lawfully seized of the
Property, in fee simple, has good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
3
-------
11. This Conservation Easement shall be interpreted and governed by
the laws of the State of Alaska. Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation Easement,
EPA shall consult with the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues.
14. Required notices shall be in writing and be shall hand carried or
sent by first class mail (unless otherwise agreed by the Parties) to
the following addresses:
To Grantor:
Carl Pederson
P.O. Box 1223
Fairbanks, AK 99709
To Grantee:
Dept. of Natural Resources
Div. of Mining, Land & Water
Realty Services Section
550 W.7r*h Ave., Ste. 1050
Anchorage, AK 99501-3579
To the United States:
Director, Office of Environmental Cleanup
United States Environmental Protection Agency
Region 10
1200 Sixth Avenue
Seattle, WA 98101
In addition, the owner of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified with
return receipt) to all persons, if any, holding a financial interest in
the Property.
this
IN WITNESS THEREOF Grantor and Grantee have set their hand on
<3 day of 2003.
SIGNATURE: Vo A U2^A,As~l
Grantor
u*o£> Jbjejr&su yvu
GRA.NTQR''S ACKNOWLEDGMENT : (notary) Cj^kSL ^
CRYSTAL HAM A1 ACCEPTANCE i\
COMMISSION EXPIRES 6/2I/B7 y
Pursuant to A^3ff 05.035 (a) (12), the State of Alaska hereby
accepts this CONSERVATION EASEMENT conveying to the State of Alaska,
4
-------
its successors in administrative function and assigns, the interest in
the Property described herein.
STATE OF ALASKA
Department of Natural Resources
Dated: By:
Director, Division of
Mining, Land & Water.
AFTER EECORDING RETURN TO:
State of Alaska
Department of Law
Natural Resources Section
100 Cushman St., Ste. 400
Fairbanks, AK 99701.
5
-------
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the point Of
-------
Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
Attachment 3: HISTORICAL ANALYTICAL RESULTS FOR COCs
-------
Attachment 3
Historical Groundwater Analytical Results
Arctic Surplus Salvage Yard
Page 1 of 6
Anal.We
M\\-5fi24
Cleanup
Standards
(ug/l.)
Jill-OS
Sep-O'J
•Jill-Ill
Jiiii-11
•In n-12
•lul-13
Volatile Organic Compounds (Y(X s) l>\ Melliod S26III5 (ug/l.)
1,1-Dichloroethane
-
0.10 B
0.11 J
0.079 F
0.065 F
1 U
7300a
1,1-Dichloroethene
1 u
1 U
1 u
1 U
1 U
1 U
T
1,2-Dichlorobenzene
-
0.94 J
0.56 J
0.38 F
0.49 F
0.312 F
600a
1,3-Dichlorobenzene
-
17 B
14
14
13
7.38
3300a
1,4-Dichlorobenzene
-
1.6 B
1.2
0.50 U
1.2
0.927 F
75a
1,2,3-Trichlorobenzene
-
0.28 B
0.13 B
1 U
1 U
1 U
NA
1,2,4-Trichlorobenzene
13.4
14 B
8.9
6.2
4.9
2.23
70a
Benzene
-
0.24 B
0.21 J
0.4 U
0.4 U
1 U
5a
Chlorobenzene
-
0.10 J
0.5 U
0.5 U
0.5 U
1 U
100a
cis-l,2-Dichloroethene
0.980 J
1.1
0.72 J
0.55 F
0.58 F
0.318 F
70a
Tetrachloroethene
1 U
1.0U
1 U
1 U
1 U
1 U
5a
Toluene
-
0.40 B
0.36 B
1 U
1 U
1 U
1000a
trans-l,2-Dichloroethene
0.620 J
0.52 J
0.43 J
0.34 F
0.27 F
1 U
100a
Trichloroethene
1 U
0.12 J
1 U
1 U
1 U
1 U
5a
Vinyl Chloride
1 U
1.0U
1 U
1 U
1 U
1 U
2a
Pesticides l>\ Melliod NONIA (ug/l.)
(llg/1.)
4,4'-DDD
0.033 U
-
-
-
-
-
3.5a
4,4'-DDE
0.033 U
-
-
-
-
-
2.5a
4,4'-DDT
0.033 U
-
-
-
-
-
2.5a
PoK chlorinated liiphen.xls (I'( l5s)l)\ Melliod N0N2 (ug/l.)
(ug/l.)
Aroclor-1016
0.111 U
0.01 u
-
0.48 U
0.48 U
0.408 U
0.5a
Aroclor-1221
0.111 U
0.02 U
-
0.48 U
0.48 U
0.408 U
0.5a
Aroclor-1232
0.111 U
0.01 U
-
0.48 U
0.48 U
0.408 U
0.5a
Aroclor-1242
0.111 U
0.01 u
-
0.48 U
0.48 U
0.408 U
0.5a
Aroclor-1248
0.111 U
0.01 u
-
0.48 U
0.48 U
0.408 U
0.5a
Aroclor-1254
0.111 U
0.01 u
-
0.48 U
0.48 U
0.408 U
0.5a
Aroclor-1260
0.111 U
0.008 J
-
0.48 U
0.48 U
0.408 U
0.5a
Melals l>\ Melliod MI20 (mg/1.)
(mg/l.)
Antimony
0.001 U
-
0.000122
-
-
0.0005 U
0.006a/0.025c
Arsenic
0.00321 J
-
0.0028
-
-
0.00146
0.01a / 0.036d
Lead
0.001 U
0.0001 B
0.00003
0.002 U
0.0002 U
0.00025 U
0.015"
Manganese
0.815
-
0.828
-
-
0.45
2.9C
-------
Attachment 3
Historical Groundwater Analytical Results
Arctic Surplus Salvage Yard
Page 2 of 6
Anal> te
M\\ -5Ci25-k
Cleanup
Standards
(ug/l.)
Jiil-IIS
Sep-O'J
Jill-Ill
Jiiii-11
•In n-12
Jul-13
Volatile Organic C ompounds (YOCs) l>\ Method S26III5 (ug/l.)
1,1-Dichloroethane
-
1 U
0.80 J
1 U
0.057 F
1 U
7300a
1,1-Dichloroethene
1 U
1 u
1 U
1 u
1 U
1 U
T
1,2-Dichlorobenzene
-
0.16 J
1 U
1 u
1 U
1 u
600a
1,2,3-Trichlorobenzene
-
0.18 B
1 U
1 u
1 U
1 u
NA
1,2,4-Trichlorobenzene
1 u
0.79 B
1 U
1 u
1 U
1 u
70a
1,3-Dichlorobenzene
-
0.32 B
1 U
1 u
1 U
1 u
3300a
Benzene
-
0.4 U
0.80 J
0.4 U
0.4 U
1 u
5a
cis-l,2-Dichloroethene
1 u
0.26 J
0.19 J
0.18 F
0.15 F
1 u
70a
Dichlorodifluoromethane
-
0.79 J
0.38 J
0.33 F
1 U
1 u
NA
Tetrachloroethene
1 u
1 U
1 U
1 U
1 U
1 u
5a
Toluene
-
1 U
0.47 B
1 U
1 U
1 u
1000a
trans-l,2-Dichloroethene
1 u
0.14 J
0.10 J
0.097 F
0.058 F
1 u
100a
Trichloroethene
0.570 J
0.57 J
0.37 J
0.32 F
0.29 F
1 u
5a
Vinyl Chloride
1 U
1 U
1 U
1 U
1 U
1 u
2a
Pesticides b\ Method NONIA (ug/l.)
(llg/1.)
4,4'-DDD
0.032 U
-
-
-
-
-
3.5a
4,4'-DDE
0.032 U
-
-
-
-
-
2.5a
4,4'-DDT
0.032 U
-
-
-
-
-
2.5a
Pol\chlorinated liiphen.xls (PClis) l>> Method K0K2 (ug/l.)
(ug/l.)
Aroclor-1016
0.108 U
0.005 U
-
0.48 U
0.52 U
0.408 U
0.5a
Aroclor-1221
0.108 U
0.01 U
-
0.48 U
0.52 U
0.408 U
0.5a
Aroclor-1232
0.108 U
0.005 U
-
0.48 U
0.52 U
0.408 U
0.5a
Aroclor-1242
0.108 U
0.005 U
-
0.48 U
0.52 U
0.408 U
0.5a
Aroclor-1248
0.108 U
0.005 U
-
0.48 U
0.52 U
0.408 U
0.5a
Aroclor-1254
0.108 U
0.005 U
-
0.48 U
0.52 U
0.408 U
0.5a
Aroclor-1260
0.108 U
0.015
-
0.48 U
0.52 U
0.408 U
0.5a
Metals l>\ Method fi020 (mg/l.)
(nig/I.)
Antimony
0.001 U
-
0.000043 B
-
-
0.0005 U
0.006a / 0.025c
Arsenic
0.0185
-
0.017
-
-
0.0208
0.01a / 0.036d
Lead
0.001 U
0.00014
0.000015 B
0.002 U
0.0002 U
0.0004 F
0.015b
Manganese
1.28
-
1.67
-
-
1.86
2.9C
-------
Attachment 3
Historical Groundwater Analytical Results
Arctic Surplus Salvage Yard
Page 3 of 6
An:il\te
MWoNON II C'k-aiiui)
•Jlll-OS
Se|>-0')
•In 1-1(1
•luii-l 1
•In n-12
¦lul-13 Standards
Yolatile Organic Compounds (YOCs) l>\ Method S2MII5 (ug/l.) || (ug/l.)
1,1-Dichloroethane
-
0.16 B
0.15 J
0.12 F
0.11 F
1 U
7300a
1,1-Dichloroethene
1 u
1 U
1 U
1 U
1 U
1 U
T
1,2-Dichlorobenzene
-
0.35 J
0.29 J
0.29 J
0.32 F
1 u
600a
1,2-Dichloroethane
-
0.23 B
0.16 J
0.5 U
0.5 U
1 u
5a
1,3-Dichlorobenzene
-
0.19 B
0.17 J
1 U
0.24 F
1 u
3300a
1,4-Dichlorobenzene
-
0.16 B
0.5 U
0.5 U
0.5 U
1 u
75a
1,2,3-Trichlorobenzene
-
0.090 B
1 U
1 U
1 U
1 u
NA
1,2,4-Trichlorobenzene
0.580 J
0.23 B
0.10 J
1 U
0.26 F
1 u
70a
Benzene
-
0.4 U
0.10 J
0.4 U
0.4 U
1 u
5a
Chloro benzene
-
0.62
0.46 J
0..43F
0.57
0.598 F
100a
cis-l,2-Dichloroethene
1 u
0.17 J
0.14 J
0.17 F
0.14 F
1 U
70a
Tetrachloroethene
1 u
1 U
1 U
1 U
1 U
1 U
5a
Toluene
-
1 U
2.5
1 U
1 U
1 U
1000a
trans-1,2-Dichloroethene
1 u
1 U
1 U
1 U
1 U
1 U
100a
Trichloroethene
1 u
1 U
1 U
1 U
1 U
1 U
5a
Vinyl chloride
1 u
1 U
1 u
1 U
1 U
1 U
2a
Pesticides b\ Method NONIA (ug/l.)
(ug/l.)
4,4'-DDD
0.032 U
-
-
-
-
-
3.5a
4,4'-DDE
0.032 U
-
-
-
-
-
2.5a
4,4'-DDT
0.032 U
-
-
-
-
-
2.5a
I'olx chlorinaled IJipluin Is (PC 'lis) l>\ Method S0S2 (ug/l.)
(llg/1.)
Aroclor-1016
0.105 U
0.005 U
-
0.47 U
0.48 U
0.40 U
0.5a
Aroclor-1221
0.105 U
0.010 U
-
0.47 U
0.48 U
0.40 U
0.5a
Aroclor-1232
0.105 U
0.005 U
-
0.47 U
0.48 U
0.40 U
0.5a
Aroclor-1242
0.105 U
0.005 U
-
0.47 U
0.48 U
0.40 U
0.5a
Aroclor-1248
0.105 U
0.005 U
-
0.47 U
0.48 U
0.40 U
0.5a
Aroclor-1254
0.105 U
0.005 U
-
0.47 U
0.48 U
0.40 U
0.5a
Aroclor-1260
0.105 U
0.005 U
-
0.47 U
0.48 U
0.40 U
0.5a
Mil ills b\ Method fi()20 (mg/1.)
(mg/l.)
Antimony
0.001 U
-
0.000051 B
-
-
0.0005 U
0.006a/0.025c
Arsenic
0.0138
-
0.0143
-
-
0.0154
0.01a / 0.036d
Lead
0.001 U
0.00005 U
0.000035
0.002 U
0.0002 U
0.00033 F
0.015"
Manganese
1.18
-
1.38
-
-
1.71
2.9C
-------
Attachment 3
Historical Groundwater Analytical Results
Arctic Surplus Salvage Yard
Page 4 of 6
Anal> U-
\1\\-
i (;i
(lea n up
.lul-ON
Sep-O'J
•lul-l II
.in n-11
•In n-12
•In 1-13
Standards
Yolalile Organic Compounds (Y(H's) l>\ Method S
2601J (ug/l.)
(ug/l.)
1,1-Dichloroethane
-
0.16 J
0.21 J
0.12 F
0.15 F
1 U
7300a
1,1-Dichloroethene
1 U
1 U
1 U
1 U
1 U
1 U
T
1,2,3-Trichlorobenzene
-
0.10 B
1 U
1 U
1 U
1 u
NA
1,2,4-Trichlorobenzene
1 u
0.22 B
1 U
1 U
1 U
1 u
70a
cis-l,2-Dichloroethene
1 u
1 U
0.070 J
1 U
1 U
1 u
70a
Tetrachloroethene
1 u
1 U
1 U
1 U
1 U
1 u
5a
Toluene
-
1 U
0.41 B
1 U
1 U
1 u
1000a
trans-l,2-Dichloroethene
1 u
1 U
1 U
1 U
1 U
1 u
100a
Trichloroethene
1 u
1 U
1 U
1 U
1 U
1 u
5a
Yin\l Chloride
11I
1 II
1 II
1 II
1 II
1II
->n
Peslicides h\ Method NOXIA (llg/1.)
(ug/l.)
4,4'-DDD
0.032 U
-
-
-
-
-
3.5a
4,4'-DDE
0.032 U
-
-
-
-
-
2.5a
4,4'-DDT
0.032 U
-
-
-
-
-
2.5a
Pol> chlorinated lii|)lu n\ Is (P( lis) l>\ Method N0K2
(Ilg/I.)
(Ug/l.)
Aroclor-1016
0.105 U
0.005 U
-
0.48 U
0.48 U
0.40 U
0.5a
Aroclor-1221
0.105 U
0.010 U
-
0.48 U
0.48 U
0.40 U
0.5a
Aroclor-1232
0.105 U
0.005 U
-
0.48 U
0.48 U
0.40 U
0.5a
Aroclor-1242
0.105 U
0.005 U
-
0.48 U
0.48 U
0.40 U
0.5a
Aroclor-1248
0.105 U
0.005 U
-
0.48 U
0.48 U
0.40 U
0.5a
Aroclor-1254
0.105 U
0.005 U
-
0.48 U
0.48 U
0.40 U
0.5a
Aroclor-1260
0.105 U
0.0019 J
-
0.48 U
0.48 U
0.40 U
0.5a
Metals l>\ Method 6020 (nig/I.)
(mg/l.)
Antimony
0.001 U
-
0.000042 B
-
-
0.0005 U
0.006a/0.025c
Arsenic
0.00383 J
-
0.0051
-
-
0.00899
0.01a / 0.036d
Lead
0.000669 J
0.00024 B
0.000018 B
0.002 U
0.0002 U
0.00025 U
0.015"
Manganese
1.17
-
1.29
-
-
1.54
2.9C
-------
Attachment 3
Historical Groundwater Analytical Results
Arctic Surplus Salvage Yard
Page 5 of 6
Anal> le
MW-200NA
( k-;i 11 ll |>
Standards
(ug/l.)
Jill-OS
Sep-O'J
•lul-10
J u n-l 1
•In n-12
•lul-13
YOCs l>\ Mil Mod S26III5 (u»/l.)
1,1-Dichloroethane
-
1 U
0.090 J
1 U
1 U
1 U
7300a
1,1-Dichloroethene
1 u
1 u
1 U
1 u
1 U
1 U
T
1,2,3-Trichlorobenzene
-
0.10 B
1 U
1 u
1 u
1 u
NA
1,2,4-Trichlorobenzene
1 u
1 U
1 U
1 u
1 u
1 u
70a
2,2-Dichloropropane
-
-
-
-
-
0.170 UJ
cis-l,2-Dichloroethene
1 u
1 u
1 u
1 u
1 u
1 U
70a
Tetrachloroethene
1 u
0.17 B
1 u
1 u
1 u
1 U
5a
Toluene
-
1 U
0.25 B
1 u
1 u
1 U
1000a
trans-l,2-Dichloroethene
1 u
1 U
1 U
1 u
1 u
1 U
100a
Trichloroethene
3.8
4.9
2.5
1.6
2
2.42
5a
Vinyl Chloride
1 U
1 U
1 U
1 U
1 u
1 U
2a
IVslicides h\ Mil Mod NONIA (u»/l.)
(ug/l.)
4,4'-DDD
0.032 U
-
-
-
-
-
3.5a
4,4'-DDE
0.032 U
-
-
-
-
-
2.5a
4,4'-DDT
0.032 U
-
-
-
-
-
2.5a
I'CBs l>\ .Method N0S2 (u»/L)
(ug/l.)
Aroclor-1016
0.1 U
0.005 U
-
0.49 U
0.49 U
0.40 U
0.5'
Aroclor-1221
0.1 U
0.010 U
-
0.49 U
0.49 U
0.40 U
0.5a
Aroclor-1232
0.1 U
0.005 U
-
0.49 U
0.49 U
0.40 U
0.5a
Aroclor-1242
0.1 U
0.005 U
-
0.49 U
0.49 U
0.40 U
0.5a
Aroclor-1248
0.1 U
0.005 U
-
0.49 U
0.49 U
0.40 U
0.5a
Aroclor-1254
0.1 U
0.005 U
-
0.49 U
0.49 U
0.40 U
0.5a
Ariicliir-I2fi«
0.1 U
0 004V J
-
0.49 U
0.49 U
0.40 U
0.5n
Melals l>\ Method 602(1 (m»/l.)
(mg/l.)
Antimony
0.001 U
-
0.000129
-
-
0.0005 U
0.006a/0.025c
Arsenic
0.00246 J
-
0.0007
-
-
0.00066 F
0.01a / 0.036d
Lead
0.001 U
0.00028 B
0.000021 B
0.002 U
0.0002 U
0.00035 F
0.015"
Manganese
0.659
-
0.341
-
-
0.291 J
2.9C
-------
Attachment 3
Qualifier
B
J/F
U
UJ
R
Notes
a
b
c
d
ug/L
AAC
ADEC
CFR
MCL
MDL
mg/L
NA
Historical Groundwater Analytical Results
Arctic Surplus Salvage Yard
Page 6 of 6
Description
The analyte was positively identified; the result is from blank contamination.
The analyte was positively identified; the quantitation is an estimate.
The analyte was analyzed for, but not detected. The associated numerical value is at or below the MDL.
The analyte was analyzed for, but not detected. The quantitation is an estimate.
The data is rejected; data is not usable.
ADEC groundwater cleanup levels established in 18 AAC 75.345
http://www.legis.state.ak.us/aacpdf/1875345.pdf
No MCL exists for lead; however, both the EPA and the ADEQ recognize an action level at the
tap of 0.015 mg/L.
Arctic Surplus ROD
Background level - Ft. Wainwright (USACE, 1994)
Not sampled
microgram per liter
Alaska Administrative Code
Alaska Department of Environmental Conservation
Code of Federal Regulations
Maximum Contaminant Level
method detect limit
milligram per liter
not available
-------
Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
Attachment 4: SITE INSPECTION FORM
-------
Site Inspection Checklist — Arctic Surplus Salvage Yard, Alaksa
I. SITE INFORMATION
Site name: hfch'c Su-ypttsg 5 aIvaq t 7 g-f J
Date of inspection:
7 Joiw 2X 1 3
%
Location and Region: fan' banks . ftfc.
EPA ID:
A k
Agency, office, or company leading the five-year
review: ,J) L h
Weather/temperature:
Remedy Includes: (Check all that apply)
_)( Landfill cover/containment
_X Access controls
X Institutional controls
Groundwater pump and treatment
Surface water collection and treatment
X Other £ 1H0M t -fori n.
I
Monitored natural attenuation
Groundwater containment
Vertical barrier walls
Attachments:
Inspection team roster attached
Site map attached
II. INTERVIEWS (Check all that apply)
(vU-vi <; to
l. O&M site manager
Name
c IiX| ' 5'
7 jt
Interviewed X at site at office by phone Phone no. _
Problems, suggestions; Report attached Kir* fcium > -L~ii ft
Dale
t t i
2. O&M staff
Name
Interviewed at site at office by phone Phone no
Problems, suggestions; Report attached
Title
Date
Five-year Review Report - l
-------
3, Local regulatory authorities and response agencies (i.e., State and Tribal offices, emergency response
office, police department, office of public health or environmental health, zoning office, recorder of
deeds, or other city and county offices, etc.) Fill in all that apply.
Klo ne .
Agency .
Contact __ ___________
Name Title Date Phone no.
Problems; suggestions; Report attached
Agency .
Contact __
Name Title Date Phone no.
Problems; suggestions; Report attached
Agency
Contact
Name Title Date Phone no.
Problems; suggestions; Report attached
Agency
Contact
Name Title Date Phone no.
Problems; suggestions; Report attached _
4. Other interviews (optional) Report attached.
I ni * \ cf J) t K
kiV- n'.jj Cmcmnj j*
J
Five-year Review Report - 2
-------
III. ON-SITE DOCUMENTS & RECORDS VERIFIED (Check all that apply)
1.
O&M Documents
O&M manual
As-built drawings
Maintenance logs
Remarks ii'vp.i do
X Readily available Up to date
Readily available Up to date
Readily available Up to date
furh«Al "ttJ 1' i f ^ iV\' f |
N/A
N/A
N/A
2,
Site-Specific Health and Safety Plan -\ Readily available
\ Contingency plan/emergency response plan Readily available
Remarks
XUp to date
Up to date
N/A
N/A
3.
O&M and OSHA Training Records
Remarks
'• Readily available
Up to date
N/A
4,
Permits and Service Agreements
Air discharge permit
Effluent discharge
Waste disposal, POTW
Other permits
Remarks k/ l\
Readily available
Readily available
Readily available
Readily available
Up to date
Up to date
Up to date
Up to date
N/A
N/A
N/A
_JN/A
5.
Gas Generation Records
Remarks ^ ^
Readily available Up to date N/A
6.
Settlement Monument Records
Remarks tsf A
Readily available
Up to date
N/A
7,
Groundwater Monitoring Records
Remarks
X* Readily available
\ Up to date
N/A
8.
Lcacliatc Extraction Records
Remarks M A
Readily available
Up to date
N/A
9,
Discharge Compliance Records
Air
Water (effluent) ,
Remarks ^
Readily available
Readily available
Up to date
Up to date
N/A
N/A
10.
Daily Access/Security Logs
Remarks N A
Readily available
Up to date
__N/A
Five-year Review Report - 3
-------
IV. O&M COSTS
O&M Organization
State in-house Contractor for State
PRP in-house Contractor for PRP
Federal Facility in-house X Contractor for Federal Facility
Other
2. O&M Cost Records
¦ Readily available Up to date
\ Funding mechanism/agreement in place
Original O&M cost estimate Breakdown attached
Total annual cost by year for review period if available
From
To
Breakdown attached
Date
Date
Total cost
From
To
Breakdown attached
Date
Date
Total cost
From
To
Breakdown attached
Date
Date
Total cost
From
To
Breakdown attached
Date
Date
Total cost
From
To
Breakdown attached
Date
Date
Total cost
3.
Unanticipated or Unusually Uijjh O&M Costs During iov Period,
Describe costs and reasons: & , ft j_t 'A"* S. f _ h i ¦) _ CCS _ i,JI
.h^' < ( i j" ^ __ ji_ij } f" i _ r> * i*| i, i <»j * y
V. ACCESS AND INSTITUTIONAL CONTROLS >f Applicable _JN/A
A. Fencing
1, Fencing damage d Location shown on site map ¦ Gates secured N/A
Remarks N/ ?1 a J; »>!,>./'
B. Other Access Restrictions
1. Signs and other security measures Location shown on site map N/A
Remarks nj; , >1 j^if <"
Five-year Review Report - 4
-------
C. institutional Controls (ICs)
1. Implementation and enforcement
Site conditions imply ICs not properly implemented Yes X No N/A
Site conditions imply ICs not being fully enforced Yes V No N/A
Type of monitoring (c.#., self-rcpoiting, drive by) IV< r>t I '*
Frequency _ h\ i v. > i ^ _
Responsible party/agency
Contact "jljf i ¦ TH'lS) i If i f-T ~ ft t 7v JI Ju
Name Title
Reporting is up-to-date
Reports are verified by the lead agency
Violations have been reported
Other problems or suggestions: Report attached
W'urie
Date
Phone no.
\ Yes
No
N/A
'•Yes _
_No
___N/A
Wes
_No
N/A
\ Yes
No
N/A
2. Adequacy ICs are adequate ICs are inadequate N/A
Remarks
D. General
Vandalism/trespassing Location shown on site map "No vandalism evident
Remarks ^^ f
2, Land use changes on site N/A
Remarks r>Ci_ ,
3. Land use changes off site N/A
Remarks fyi a i \ f
VI. GENERAL SITE CONDITIONS
A. Roads Applicable /( N/A
1. Roads damaged Location shown on site map Roads adequate N/A
Remarks
Five-year Review Report - 5
-------
B, Other Site Conditions
Remarks "j \ t ^ h 0 Ft
VII. LANDFILL COVERS Applicable _N/A
A. Landfill Surface
1, Settlement (Low spots) Location shown oil site map Settlement not evident
Areal extent Depth
Remarks K|.0 t
2. Cracks Location shown on site map Cracking not evident
Lengths Widths Depths
Remarks hi,*..* f
3. Erosion Location shown on site map Erosion not evident
Areal extent __ , Depth,
Remarks tv, 0 ra i > > Oj i c\ t
Location shown on site map _ Holes not evident
Areal extent Depth
Remarks VJ <> A "1
Vegetative Cover Grass Cover properly established No signs of stress
Trees/Shrubs (indicate size and locations on a diagram)
Remarks /V l\
6. Alternative Cover (nrnmml rock, concrete, etc.) N/A
Remarks N A
7. Bulges Location shown on site map Bulges not evident
Areal extent, _ Height
Remarks
Five-year Review Report - 6
-------
8.
Wet Areas/Water Damage ; Wet areas/water damage not evident
Wet areas Location shown on site map Areal extent
Ponding Location shown on site map Areal extent
Seeps Location shown on site map Areal extent
Soft subsrrade Location shown on site man Areal extent
Remarks
9.
Slope Instability Slides Location shown on site map X No evidence of slope instability
Areal extent
Remarks N
B.
\
Benches Applicable \ N/A
(Horizontally constructed mound;, of earth placed across a steep landfill side slope to interrupt the slope
in order to slow down the velocity of surface runoff and intercept and convey the runoff to a lined
channel.)
i,
Flows Bypass Bench Location shown on site map N/A or okay
Remarks
2.
Bench Breached Location shown on site map N/A or okay
Remarks
3.
Bench Overtopped Location shown on site map N/A or okay
Remarks
C,
Letdown Channels ''''Applicable N/A
(Channel lined with erosion control nuns, riprap, grout bags, or gabions that descend down the steep side
slope of the cover and will allow the runoff water collected by the benches to move off of the landfill
cover without creating erosion gullies.)
1.
Settlement Location shown on site map \ No evidence of settlement
Areal extent Depth
Remarks W
2.
Material Degradation Location shown on site map ^\No evidence of degradation
Material type Area! extent
Remarks f\j siAf5
3.
Erosion Location shown on site map No evidence of erosion
Areal extent Depth
Remarks
Five-year Review Report - 7
-------
4.
Undercutting Location shown on site map \/ Mo evidence of undercutting
Areal extent Depth
Remarks
5.
Obstructions Type \ No obstructions
Location shown on site map Areal extent
Size
Remarks
6,
Excessive Vegetative Growth Type
No evidence of excessive growth
Vegetation in channels does not obstruct flow
Location shown on site map , Areal extent
Remarks V *'V"*- h*-' n ry\osvv C* , l,v, »i hj ainudi
i -jv i Si V
.....J
D.
Cover Penetrations Applicable N/A
1.
Gas Vents Active Passive
Properly secured/locked Functioning Routinely sampled
Evidence of leakage at penetration Needs Maintenance
_Jn/a
Remarks
Good condition
2.
Gas Monitoring Probes
Properly secured/locked Functioning
__Eviden.ce of leakage at penetration
Remarks
Routinely sampled
Needs Maintenance
Good condition
N/A
3.
Monitoring Wells (within surface area of landfill)
Properly secured'locked Functioning
Evidence of leakage at penetration
Remarks
Routinely sampled
Needs Maintenance
Good condition
N/A
4.
Leachatc Extraction Wells
Properly secured/locked Functioning
Evidence of leakage at penetration
Remarks
Routinely sampled
_Needs Maintenance
Good condition
N/A
5.
Settlement Monuments Located
Remarks
Routinely surveyed
N7A
Five-year Review Report - 8
-------
E.
Gas Collection and Treatment
Applicable \n/A
1.
Gas Treatment Facilities
Flaring
Good condition _
Remarks
/
Thermal destruction Collection for reuse
Needs Maintenance
2.
Gas Collection Wells, Manifolds and Piping
Good condition Needs Maintenance
Remarks
3,
Gas Monitoring Facilities (e.g., gas monitoring of adjacent homes or buildings)
Good condition Needs Maintenance N/A
Remarks
F.
Cover Drainage Layer
Applicable
^N/A
1.
Outlet Pipes Inspected
Remarks
Functioning
N/A
2.
Outlet Rock Inspected
Remai Its
Functioning
N/A
G.
Detention/Sedimentation Ponds
Applicable
X_N/A
1,
Siltation Areal extent
Depth
N/A
Siltation not evident
Remarks
2.
Erosion Areal extent Depth
Erosion not evident
Remarks
3.
Outlet Works
Remarks
Functioning N/A
4.
Dam _
Remarks
Functioning N/A
Five-year Review Report - 9
-------
H. Retaining Wails
Applicable X^/A
1.
Deformations
Horizontal displacement
Location shown on site map Deformation not evident
Vertical displacement
Rotational displacement
Remarks
2.
Degradation
Remarks
Location shown on site map Degradation not evident
I.
Perimeter Ditches/Off-Site Discharge Applicable X N/A
1.
Siltation Location shown on site map Siltation not evident
Areal extent Depth
Remarks
2.
Vegetative Growth Location shown on site map N/A
Vegetation does not impede flow
Areal extent Type
Remarks
3.
Erosion
Areal extent
Remarks
Location shown on site map Erosion not evident
Depth
4.
Discharge Structure
Remarks
Functioning N/A
VIII. VERTICAL BARRIER WALLS _Applicable )<_N/A
1.
Settlement
Areal extent
Remarks
Location shown on site map Settlement not evident
Depth
2.
Performance Monitoring Type of monitoring
Performance not monitored
Frequency Evidence of breaching
Head differential
Remarks
Five-year Review Report - 10
-------
C. Treatment System Applicable A N/A
1,
Treatment Train (Check components that apply)
Metals removal Oil/water separation Bioremediation
Air stripping Carbon adsorbers
Filters
Additive (e.g.. chelation agent, flocculent)
Others
Good condition Needs Maintenance
Sampling ports properly marked and functional
Sampling/maintenance log displayed and up to date
Equipment properly identified
Quantity of groundwater treated annually
Quantity of surface water treated annual Iv
Remarks
2.
Electrical Enclosures and Panels (properly rated and functional)
N/A Good condition Needs Maintenance
Remarks
3.
Tanks, Vaults, Storage Vessels
N/A Good condition Proper secondary containment Needs Maintenance
Remarks
4.
Discharge Structure and Appurtenances
N/A Good condition Needs Maintenance
Remarks
5,
Treatment Building(s)
N/A Good condition (esp, roof and doorways) Needs repair
Chemicals and equipment properly stored
Remarks
6.
Monitoring Wells (pump and treatment remedy)
Properly secured/locked Functioning Routinely sampled Good condition
All required wells located Needs Maintenance N/A
Remarks
D. Monitoring Data (jvc u ^ ty fitt
1,
Monitoring Data
/X is routinely submitted on time X Is of acceptable quality
2.
Monitoring data suggests:
Groundwater plume is effectively contained Contaminant concentrations are declining
Five-year Review Report -11
-------
D.
Monitored Natural Attenuation H N
1.
Monitoring Wells (natural attenuation remedy)
Properly secured/locked Functioning Routinely sampled Good
condition
All required wells located Needs Maintenance N/A
Remarks
X. OTHER REMEDIES
If there are remedies applied at the site which are not covered above, attach an inspection sheet describing
the physical nature and condition of any facility associated with the remedy. An example would be soil
vapor extraction.
XI. OVERALL OBSERVATIONS
A.
Implementation of the Remedy
Describe issues and observations relating to whether the remedy is effective and functioning as designed.
Begin with a brief statement of what the remedy is to accomplish (i.e., to contain contaminant plume,
minimize infiltration and gas emission, etc.).
i .1^ ,m'.v 1 v" i'1 i ^ J y £Vj)pt Vkt !?_£~jiV'(^j4(sit *>f'
\ t- i i ^ J •
Five-year Review Report - 12
-------
C. Early Indicators of Potential Remedy Problems
Describe issues and observations such as unexpected changes in the cost or scope of O&M or a high
frequency of unscheduled repairs, that suggest that the protectiveness of the remedy may be
compromised in the future.
M 8 g
D. Opportunities for Optimization
Describe possible opportunities for optimization in monitoring tasks or the operation of the remedy.
^ Vo] "ucv — —-
Five-year Review Report - 13
-------
Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
Attachment 5: ASSY INTERVIEW FORMS
-------
Five-Year Review at Arctic Surplus Salvage Yard, North Pole, Alaska
The Defense Logistics Agency (DLA), United States Environmental Protection Agency (US
EPA) and Alaska Department of Environmental Conservation (ADEC) are conducting a five-
year review of the remedial action implemented at the Arctic Surplus Salvage Yard site in North
Pole, Alaska. This review is being conducted in accordance with the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), Title 42 of the United
States Code, Part 9621(c), the National Contingency Plan - Title 40 of the Code of Federal
Regulations, Part 300.400(f) (4) (ii), and Executive Order 12580 (January 23, 1987). The five-
year review team is requesting your input as part of the five-year review process. Please provide
answers to the following questions:
1. What is your overall impression of the remedies implemented at Arctic Surplus?
Good.
2. What effects have Arctic Surplus remedial action operations had on the surrounding
community?
None known.
3. Are you aware of any community concerns regarding remedies implemented at Arctic
Surplus? If so, please give details.
None known.
-------
Five-Year Review at Arctic Surplus Salvage Yard (continued)
4.
Are you aware of any events, incidents, or activities at the site such as vandalism,
trespassing, or emergency responses from local authorities? If so, please give details.
No.
5.
Do you feel well informed about the Arctic Surplus remedial action activities and
progress?
Yes..
6.
Do you have any comments, suggestions, or recommendations regarding Arctic Surplus
remedial actions management or operation?
No.
Name:
Mr. Cliff Everts
Title:
President, Everts Air and
Tenant on Mr. Carl Pederson's Drooertv Date:
-------
Five-Year Review at Arctic Surplus Salvage Yard, North Pole, Alaska
The Defense Logistics Agency (DLA), United States Environmental Protection Agency (US
EPA) and Alaska Department of Environmental Conservation (ADEC) are conducting a five-
year review of the remedial action implemented at the Arctic Surplus Salvage Yard site in North
Pole, Alaska. This review is being conducted in accordance with the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), Title 42 of the United
States Code, Part 9621(c), the National Contingency Plan - Title 40 of the Code of Federal
Regulations, Part 300.400(f) (4) (ii), and Executive Order 12580 (January 23, 1987). The five-
year review team is requesting your input as part of the five-year review process. Please provide
answers to the following questions:
1. What is your overall impression of the remedies implemented at Arctic Surplus?
They appear to be working fine.
2. What effects have Arctic Surplus remedial action operations had on the surrounding
community?
None known.
3. Are you aware of any community concerns regarding remedies implemented at Arctic
Surplus? If so, please give details.
None known.
-------
Five-Year Review at Arctic Surplus Salvage Yard (continued)
4. Are you aware of any events, incidents, or activities at the site such as vandalism,
trespassing, or emergency responses from local authorities? If so, please give details.
None known.
5. Do you feel well informed about the Arctic Surplus remedial action activities and
progress?
Yes. Was visited last year by DLA and EPA Project Managers; appreciate the information.
6. Do you have any comments, suggestions, or recommendations regarding Arctic Surplus
remedial actions management or operation?
I would appreciate a hard copy and CD copy of the five-year review when finalized. I
considered adding a surface building, and will contact DLA Project Manager if I decide to go
ahead with that project.
Name: Mr. William Hoople
Title: Property Owner Date: 15 Jul 2013
-------
INTERVIEW RECORD
Site Name: Arctic Surplus Salvage Yard (ASSY)
EPA ID No.
Subject: Five-Year Review Interview
Time: 1300HST Date:23 May 13
Type: E Telephone
Location of Visit:
Visit
Other
Incoming Outgoing
Contact Made By:
Name: Therese Deardorff
Title: Remedial Project Manager
Organization: Defense Logistics
Agency
Individual Contacted:
Name: Mr. Carl M. Pederson
Title: Property Owner
Organization: N/A
Telephone No: (b) (6)
Fax No:
E-Mail Address: ^
¦
Street Address:
City, State, Zip:
Summary Of Conversation
I initiated contact with Mr. Pederson on 22 May, and scheduled a time to call him on 23 May
2013.
I provided a little information on my background and site knowledge; Mr. Pederson said he thought
things overall were fine: communication was good, cooperation great, and information quickly
received whenever he has questions. He said he was disappointed when he found out that the deed
restriction would likely be in place for a very long time.
When Mr. Pederson was asked if he was aware of any community concerns about the site, he said
there were none. He talked with neighbors about three years ago, and they were more concerned
with items remaining on the neighboring property. They were happy he was removing the items from
his property at that time. He has not heard anything negative regarding site activities since that time.
I asked Mr. Pederson if he was aware of any incidents or activities at the site such as vandalism,
trespassing, etc. Mr. Pederson stated he was not aware of any incidents; he removed anything of
interest to help discourage trespassing, but stated he still has a few trailers on the property.
Regarding when inquired as to whether Mr. Pederson felt he was well informed about the site's
activities and progress, he was very happy as stated above.
Mr. Pederson had no recommendations for improving communications, etc., because he was
satisfied with things as they exist. Mr. Pederson stated the site was still for sale, and he will be trying
to expedite a sale this summer. He has received several inquiries for long-term leases that were in line
with the institutional controls and allowable use, but, because the property is in a trust, he was unable
to enter into any long-term lease.
He would like a copy of the final Five-Year Review, which I stated would be completed by December
2013.
Mr. Pederson will keep my contact information and let me know if he has any questions or concerns
at any time in the future.
Page 1 of 1
Five-year Review Report -1
-------
Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
Attachment 6: TITLE REVIEW MEMORANDUM
-------
Title Review Memorandum
To: U.S. Environmental Protection Agency
From: AECOM Technical Services
Date: October 21, 2013
RE: Arctic Surplus Title Review
1.0 Introduction
This Title Review summarizes a Litigation Guarantee prepared for the Arctic Surplus Site,
located approximately five miles southeast of Fairbanks, Alaska. The site was form erly owned
by the Departm ent of Defense and listed on the Environmental Protection Agency's National
Priorities List (NPL)1. The following parcels are associated with the site and included in the Title
Review:
• Parcel I (Tax Lot 21012)
• Parcel II (Tax Lot 2131)
• Parcel III (Tax Lots 2112 and 2113)
• Parcel IV (Tax Lot 2111)
• Parcel V (Tax Lot 2106)
• Parcel VI (Railroad Right-of-Way)
On October 15, 2013, a Litigation Guarantee was prepared by Yukon Title, Inc., which is
underwritten by First A merican Title3. Litigation Guarantees are similar to preliminary title
reports and only contain infor mation that currently affects the title, such as property owner,
easement, and encum brance information. The purpose of this Title R eview is to ensure that
institutional controls, referred to as Conservation Easements in the Litigation Guarantee, are
properly recorded and identified during normal title transactions. Institutional controls include
administrative and legal controls that m inimize the potential for hum an exposure to rem aining
contamination and protect ongoing site remedies.
This review summarizes the property records id entified in the Litigation Guarantee. It does not
offer legal opinions regarding the title, and it does not constitute legal advice.
2.0 Title Review
2.1 Current Ownership
Currently, this site has three different owners 4 Parcel I is owned by Ca rl Martin Pederson, Jr.
and Larry W. Bohall, as co-trustees of the C.M. Pederson Family Trust5.
1 Page 2, Conservation Easement, Recording number 2004-024000-0, recorded on October 22, 2004.
2 Tax Lots are depicted on Figure 2 of the Second Five Year Review Report.
3 Page 1, Litigation Guarantee.
4 As of the Litigation Guarantee date, October 4, 2013, 8:00am.
5 Recording Number 2007-022517-0, recorded September 24, 2007.
1
-------
Parcels II, III, IV, and V are owned by H C Properties, LLC 6. Parcel VI is owned by the Alaska
Railroad Corporation7.
2.2 General and Legal Descriptions
The parcels are located in the Fairbanks Recordi ng District, Fourth Judici al District, State of
Alaska. Parcel I is the westernmost parcel located immediately to the east of Badger Road8. It is
located in the northwest Vi of the southwest ]A of Section 21, Township 1 south, Range 1 east,
Fairbanks Meridian9.
Parcels II a nd III are located immediately to the east of Parcel I 10. They are located in the
northeast Vi of the southwest ]A of Section 21 , Township 1 south, Range 1 east, Fairbanks
Meridian11.
Parcel IV is located to th e east of P arcel I and south of Parcel III (Tax Lot 2112) n. It is in the
east '/2 of the southwest ]A of Section 21, Township 1 south, Range 1 east, Fairbanks Meridian13.
Parcel V is located to the eas t of Parcel III (Tax lot 2113) 14. It is in the so uthwest Vi of Section
21, Township 1 south, Range 1 east, Fairbanks Meridian15.
Parcel VI is a railroad right-of-way extending along the southern edge of the site16. It is recorded
as Lot 2 of U.S. Survey No. 9072, Alaska, Fairbanks Recording District17.
2.3 Faulty Legal Description, Parcel I
According to Exception 12 in the Litigation Guarantee, the legal description in the Conservation
Easement document for the western 100 f eet strip of Parcel 1 is incorrect 18. This incorrect legal
description appears in the Deed in Lieu of Foreclosure, Book 501, Page 478, which was recorded
on October 21, 198619. In addition to the inco rrect legal description, the Conservation Easement
document incorrectly lists the d eed date (October 16, 1986) as the recording date (October 21,
1986). These deficiencies may require correction.
6 Recording Number 2009-008207-0, recorded May 19, 2009.
7 Recording Number 2006-025473-0, recorded October 5, 2006.
8 Plat attached to Yukon Title Litigation Guarantee.
9 Page 2, Schedule A, Parcel I (Tax Lot 2101), Litigation Guarantee.
10 Plat attached to Yukon Title Litigation Guarantee.
11 Pages 3 and 4, Schedule A, Parcel II (Tax Lot 2131) and Parcel III (Tax Lots 2112 and 2113), Litigation
Guarantee.
12 Plat attached to Yukon Title Litigation Guarantee.
13 Page 4, Schedule A, Parcel IV (Tax Lot 2111), Litigation Guarantee.
14 Plat attached to Yukon Title Litigation Guarantee.
15 Page 4, Schedule A, Parcel V (Tax Lot 2106), Litigation Guarantee.
16 Plat attached to Yukon Title Litigation Guarantee.
17 Page 4, Schedule A, Parcel VI (Railroad Right-of-Way), Litigation Guarantee.
18 Page 6, Schedule B, Exception 12, Litigation Guarantee.
19 Deed in Lieu of Foreclosure, Book 502, Page 478, attached to Litigation Guarantee.
2
-------
2.4 Conservation Easements
According to the Conservation Easement documents in the Litigation Guarantee, Parcels I, II, III,
and IV20 are im pacted by soil and groundwater cont amination associated with past site
operations. Although cleanup activities were co mpleted to prevent hum an exposure and
contaminant migration, lead and PCB conta mination remains on these parcels. Conservation
Easements21 place institutional controls on these parcels restricting land use. Prohibited activities
include interfering with groundw ater monitoring wells or othe r cleanup rem edies; installing
wells and using ground water for drinking, dewatering, or other uses; digging or moving soil and
transporting soil off-site; and utilizing the pare els for residential, agricultural, or similar uses.
Required activities include posting warning sign s around the soil containm ent cell, notifying the
Environmental Protection Agency (EPA) if restri cted activities have oc curred or are occurring,
notifying local authorities if explosive ordinance materials are discovered and granting access to
the site during reasonable hours for monitori ng activities, repairing wells, investigating
violations, and responding to em ergency incidents and explosive ordnance waste reports. In
addition, the Conservation Easements require inclusion of the following language in subsequent
property transfer documents:
"Notice: The Interest conveyed herby is subject to a conservation easement, dated ,
recorded in the public land records on , in Book , Page , in favor of the state of
Alaska, and with a third-party right of enforcement granted to the United States and its
authorized representatives." 22
Conservation Easements were not identified on Pa reels V and VI in the Litigation Guarantee,
although both parcels are associated with the s ite. If contam ination remains on these parcels
above unrestricted use levels, C onservation Easements may be necessary. This issue should be
further evaluated.
2.5 Other Encumbrances
Blanket utility easements encumber Parcels I, II, III, IV, a nd V. Four utility ea sements were
granted to Golden Valley Electric Association, Inc., to construct, operate, and m aintain electric
transmission and/or telephone distribution lines. One utility easement was granted to RCA
Alaska Communications, Inc. These easements were recorded between 1960 and 1971 23. The
Litigation Guarantee did not identify recorded documents subjecting these utility easements to
Conservation Easement requirements.
2.6 Land Transactions
Three land transactions were recorded after th e Conservation Easem ents were established in
October of 2004. In 2006, a United States Patent was issued by the U.S. Departm ent of
20 See Exceptions 13-17 on Page 6 of the Litigation Guarantee.
21 Page 2, Conservation Easements, Recording numbers 2004-023882-0, 2004-023883-0, 2004-023884-0, 2004-
023885-0, and 2004-024000-0.
22 Page 3, Conservation Easements, Recording numbers 2004-023882-0, 2004-023883-0, 2004-023884-0, 2004-
023885-0, and 2004-024000-0.
23 See Exceptions 6-10 on Page 5 of the Litigation Guarantee
3
-------
Transportation to the Alaska Railroad Corporation, granting the railroad title to Parcel VI24. The
Patent lists several restrictions, but does not identify cont amination or the associated
Conservation Easements located on adjacent parcels.
On September 24, 2007, a Statutory Quitclaim Deed was recorded transferring the Title for
Parcel I. The deed does not m ention the Conservation Easement encumbering the property, and
it does not include the required Conservation Easement notice25.
On May 19, 2009, a Statutory W arranty Deed, which transfers land ownership, was recorded for
Parcels II, III, and IV. The deed did not incl ude the exact notice lis ted in the Conservation
Easement requirements. However, the deed stated that the p arcels are "Subject, to reservations ,
exceptions, restrictions and eas ements of record, if any, e xpressly including those certain
Conservation Easements Recorded as Instrument Nos. 2004-023882-0, 2004-023883-0, 2004-
023884-0, and 2004-023885-0 on October 21, 200426."
3.0 Summary
A Litigation Guarantee was prepared for six parcels associated with the Arctic Surplus Site. Four
of the six parcels had recorded Conservation Easements that were identified during the
preliminary title search proce ss (Litigation Guarantee). Howeve r, Parcels V and VI (Railro ad
Right-of-Way) did not have recorded Conser vation Easements. Further research m ay be
necessary to determine if Conservation Easements are necessary for these two parcels.
Two of the three recorded land transactions, associated with Parcels I and VI, did not contain the
required Conservation Easement Notice. However, the most recent title transfer for Parcels II,
III, and IV identified the Conservation Easements.
Attachment: Litigation Guarantee
24 Recording number 2006-025473-0, recorded on October 5, 2006.
25 Recording number 2007-022517-0, Recorded on September 24, 2007.
26 Recording number 2009-008207-0, Recorded on May 19, 2009.
4
-------
AS
TITLE CO MP ANY
714 Gaffney Road « Fairbanks, Alaska 99701
" -1 ' Phone: 907-456-3474 • Fax; 907-456-3476
6.
INVOIC
DATE INVOICE #
10/15/2013 Y81258
BILL TO:
AECOM
Attn: Nicole Ward
Via Email
Terms: Due on receipt
File Name: Pederson
Customer Ref No:
YTC Order No: Y81258
DESCRIPTION
AMOUNT
Its
Property Reference:
Section 21, Township 1 South,Range 1 East, FM
Limited Liability
250.00
fliS
- $417* ^
j 11 V.—\ . ,
Payments/Credits
$0.00
Balance Due
$250.00
Thank You for Choosing Yukon Title
TOTAL
$250.00
-------
Form 5015802 (8/1/09)
Litigation Guarantee Alaska
Page 1 of 8
LITIGATION GUARANTEE
LIABILITY: $250.00
Order No. Y81258-JN
Fee: : $250.00
LGNo. 5015802-1753
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND
OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED
AND MADE A PART OF THIS GUARANTEE,
herein called the Assured, against loss not exceeding the liability amount stated above which the
assured shall sustain by reason of any incorrectness in the assurance which the Company hereby
gives that, according to the public records, on the date state below,
1. The title to the herein described estate of interest was vested the vestee named, subject to
the matters shown as Exceptions herein which Exceptions are not necessarily shown in
the order of their priority;
Dated: October 4,2013 at 8:00 A.M.
»y
First American Title Insurance Company
a corporation herein called the Company,
GUARANTEES
AECOM
-------
Form 5015802 (8/1/09)
Guarantee Number: 5015802-1753
Order No, :Y81258-JN
Page 2 of 8
SCHEDULE A
Title to said estate or interest at the date hereof is vested in:
Carl Martin Pederson, Jr. and Larry W. Bohall, as co-trustees of the C.M. Pederson Family
Trust, dated September 1,2007, as Parcel I;HC Properties, LLC, as to Parcel II, III, IV
and V; Alaska Railroad Corporation, as to Parcel VI
The estate or interest in the land hereinafter described or referred to covered by this Guarantee is:
A FEE ESTATE
The land referred to in this Guarantee is situated in the State of Alaska, Fourth Judicial District
and is described as follows:
PARCEL I: (Tax Lot 2101)
A portion of the Northwest % of the Southwest % of Section 21, Township 1
South, Range 1 East, Fairbanks Meridian, described as follows;
BEGINNING at the Northeast corner of the Northwest % of the Southwest 'A;
THENCE South 0°08' East along the East line of said 1/16 Section to an
intersection of this line with the North limit of Alaska Railroad right-of-way;
THENCE North 70°49' West along said Railroad to its intersection with the
BADGER ROAD right-of-way; THENCE in a Northerly direction along the
BADGER ROAD right-of-way to its intersection with a line for the POINT OF
BEGINNING on bearing of North 89°56' West; THENCE along said line, to the
POINT OF BEGINNING on a bearing of North 89°56' West; THENCE along
said line, to the POINT OF BEGINNING;
EXCEPT any portion lying within the 200 foot wide railroad right-of-way;
Situated in the Fairbanks Recording District, Fourth Judicial District, State of
Alaska.
WESTERN 100 FEET STRIP;
A parcel of land within the Northeast % of the Southwest V* of Section 21,
Township 1 South, Range 1 East, Fairbanks Meridian and being a portion of
that parcel described in Deed Book 135, Page 918 recorded on January 19,1979
in the Fairbanks Recording District more particularly described as follows:
BEGINNING at the Northwest corner of said Northeast % of the Southwest Vr,
THENCE in a Southerly direction along the West side line of said Northeast %
approximately 937 feet to the Northeast boundary of the Right-of-way of the
Alaska Railroad;
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Form 5015802 (8/1/09)
Guarantee Number: 5015802-1753
Order No, ;Y81258-JN
Page 3 of 8
THENCE in a Southeasterly direction along the Northeast boundary of said
Right-of-way to a point 100 feet East of said West side line of said Northeast lA
of the Southwest %; THENCE North Parallel to said West side line of said
Northeast lA of the Southwest % approximately 916.0 feet to a point on the North
line of said Northeast XA of the Southwest %;
THENCE West along the aforementioned North line 100 feet to the POINT OF
BEGINNING.
PARCEL H: (Tax Lot 2131)
A portion of the Northeast % of the Southwest *A of Seetion 21, Township 1
South, Range 1 East, Fairbanks Meridian, more particularly described as
follows:
BEGINNING at the Northwest eorner of said Northeast % of the Southwest V4;
THENCE in a Southerly along the West side line of said Northeast XA
approximately 937 feet to the Northeast boundary of the right-of-way of the
Alaska Railroad; THENCE in a Southeasterly direction along the Northeast
boundary of said right-of-way to a point 100 feet East of said West side line of
said Northeast V4; THENCE North parallel to said West side line of said
Northeast lA 416 feet to a point 100 feet East of said West side line; THENCE in
an Easterly direction at right angles with said West side line 200 feet to a point;
THENCE in a northerly direction parallel to said West side line a distance of
approximately 500.9 feet to a point on the North Line of said Northeast Vr,
THENCE in a Westerly direction along said North line of said Northeast % to
the Northwest corner of said Northeast V* to the POINT OF BEGINNING.
Records of the Fairbanks Recording District, Fourth Judicial District, State of
Alaska;
EXCEPTING THEREFROM that portion conveyed to Carl Pederson by Deed
In Lieu of Foreclosure recorded October 21,1986 in Book 501 at Page 478.
PARCEL ill:
That part of the Northeast lA of the Southwest % of Section 21, Township 1
South, Range 1 East, Fairbanks Meridian, described as follows:
BEGINNING 100 feet Southeast of that point where the West base line
intersects with the North line of the Alaska right-of-way; THENCE in an
Northerly direction 208 feet from the Alaska Railroad right-of-way to the
POINT OF BEGINNING; THENCE in an Easterly direction at a right angle for
a distance of 208 feet; THENCE in a Northerly direction at a right angle for a
distance of 208 feet; THENCE in a Westerly direction at a right angle for a
distance of208 feet; THENCE Southerly to the POINT OF BEGINNING, a
distance of 208 feet.
-------
Form 5015802 (8/1/09)
Guarantee Number; 5015802-1753
Order No, :Y81258-JN
Page 4 of 8
AND (Tax Lot 2113)
That part of the Northeast V* of the Southwest !4 of Section 21, Township 1
South, Range 1 East, Fairbanks Meridian, described as follows:
BEGINNING at a point on the North line of said Northeast V* of the Southeast
308 feet East of the Northwest eorner thereof; THENCE continuing along
said North line a distance of 517.00 feet to a point 495 feet West of the Northeast
corner of said Northeast % of the Southwest 'A; THENCE South 0°08" East
1141.06 feet, more or less, parallel to the East line of said Southwest % of the
North line of the Alaska Railroad right-of-way; THENCE North 70°46' West
547.55 feet along the said North line of the railroad right-of-way to the
Southeast corner of the premises conveyed by Deed Records Volume 59 pages
325 to 326; THENCE North 0°08' West 960.6 feet, more or less to the POINT
OF BEGINNING.
PARCEL IV: (Tax Lot 2111)
A portion of the East 'A of the Southwest 'A of Section 21, Township 1 South,
Range 1 East, Fairbanks Meridian, Fairbanks Recording District, Fourth
Judicial District, State of Alaska, more particularly described as follows:
BEGINNING 100 feet Southeast of the point where the West Base line intersects
with the North line of the Alaska Railroad right-of-way on that certain plat
known as the SCHOENTRUP HOMESTEAD ENTRY, East 'A of the Southwest
'/i, Section 21, Township 1 South, Range 1 East, Fairbanks Meridian, Patent No.
03703, surveyed August 10,1947, by Irving Reed and filed recorded in the office
of the Recorder of the Fairbanks Recording Precinct, Fourth Division, Territory
of Alaska, the same being the official map and plat thereof; and THENCE from
the POINT OF BEGINNING along the said line of the Alaska Railroad a
distance of 208 feet; THENCE in a northerly direction at right angles from the
said line of the Alaska Railroad right-of-way for a distance of 208 feet;
THENCE in a Westerly direction at a right angle for a distance of 208 feet;
THENCE at a right angle to the POINT OF BEGINNING a distance of 208 feet,
PARCEL V: (Tax Lot 2106)
That portion of the East 495 feet of even width of the Southwest % of Section 21,
Township 1 South, Range 1 East, Fairbanks Meridian, lying Northerly of the
Northerly right of way line of the Old Richardson Highway; Records of the
Fairbanks Recording District, Fourth Judicial District, State of Alaska.
P ARCEL VI: (Railroad)
Lot 2 of U.S. SURVEY NO. 9072, Alaska; Records of the Fairbanks Recording
District, Fourth Judicial District, Fourth Judicial District, State of Alaska.
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Form 5015802 (8/1/09)
Guarantee Number; 5015802-1753
Order No. :Y81258-JN
Page 5 of 8
SCHEDULE B
EXCEPTIONS:
THE FOLLOWING AFFECT PARCELS I. II, III. IV AND ¥:
1. Reservations and exceptions as contained in the U.S. Patent.
2. Taxes and/or assessments, including penalties and interest, if any, owing the Fairbanks
North Star Borough and/or the City of Fairbanks.
3. Right of public and governmental agencies in and to any portion of said land included
within the boundaries of ALASKA RAILROAD RIGHT-OF-WAY AND BADGER
ROAD.
4. Right of public and governmental agencies in and to any portion of said land included
within the boundaries of any trails, streets, roads or highways.
5. Lack of access or right of access to or from a public street, road or highway. (Affects
Parcels II-V)
6. Right of way easement, including terms and provisions thereof, granted to GOLDEN
VALLEY ELECTRIC ASSOCIATION, INC., and their assigns and/or successors in
interest, to construct, operate and maintain an electric transmission and/or telephone
distribution line or system by instrument recorded May 7, 1960 in Book 112 at Page 359.
(Blanket Easement)
7. Right of way easement, including terms and provisions thereof, granted to GOLDEN
VALLEY ELECTRIC ASSOCIATION, INC., and their assigns and/or successors in
interest, to construct, operate and maintain an electric transmission and/or telephone
distribution line or system by instrument recorded July 11,1960 in Book 117 at Page 180.
(Blanket Easement as to those Parcels in the East lh of the Southwest lA)
8. Right of way easement, including terms and provisions thereof, granted to GOLDEN
VALLEY ELECTRIC ASSOCIATION, INC., and their assigns and/or successors in
interest, to construct, operate and maintain an electric transmission and/or telephone
distribution line or system by instrument recorded March 15, 1961 in Book 126 at Page 53.
(Blanket Easement as to those Parcels in the East 14 of the Southwest %)
9. Right of way easement, including terms and provisions thereof, granted to GOLDEN
VALLEY ELECTRIC ASSOCIATION, INC,, and their assigns and/or successors in
interest, to construct, operate and maintain an electric transmission and/or telephone
distribution line or system by instrument recorded March 24, 1961 in Book 126 at Page 245.
(Blanket Easement as to those Parcels in the East lA of the Southwest lA)
10. Easement for communication lines and appurtenances thereto granted to RCA ALASKA
COMMUNICATIONS, INC., recorded Januaiy 20,1971 in Book 253 at Page 177.
(Blanket Easement)
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Form 5015802 (8/1/09)
Guarantee Number; 5015802-1753
Order No, ;Y81258-JN
Page 6 of 8
11. Right, title and interest of THE BANK OF CALIFORNIA, N.A. AND CLIFFORD C>
BURG I IN, as successor Co-Trustees of the BENTLEY FAMILY TRUST also known as
BENTLEY TRUST, grantee in Deed dated August 27, 1974, executed by HELEN M.
BENTLEY, grantor, recorded September 6, 1974 in Book 281 at Page 704. Said Grantor was
seized of no record of interest on the date of said deed, (Affects Parcel I)
12. The legal description describing the Western 100 feet strip contained in the Deed in Lieu of
Foreclosure recorded October 21, 1986 in Book 501 at Page 478 is incorrect.
13. Easement for institutional controls and appurtenances thereto granted to the STATE OF
ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF MINING
LAND & WATER REALTY SERVICES SECTION, recorded October 21,2004 as
Instrument No, 2004-023882-0. (Affects Tax Lot 2131; contains instructions to include
certain language in any conveyance)
14. Easement for institutional controls and appurtenances thereto granted to STATE OF
ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF MINING
LAND & WATER, REALTY SERVICES SECTION, recorded October 21, 2004 as
Instrument No, 2004-023883-0, (Affects Tax Lots 2112; contains instruction to include
certain language in any conveyance)
15. Easement for institutional controls and appurtenances thereto granted to STATE OF
ALASKA, DEPARTMENT OF NATURAL RESOURCES DIV1SON OF MINING
LAND & WATER REALTY SERVICES SECTION, recorded October 21,2004 as
Instrument No. 2004-023884-0. (Affects Tax Lot 2113; contains instruction to include certain
language in any conveyance)
16. Easement for institutional controls and appurtenances thereto granted to STATE OF
ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF MINING
LAND & WATER REALTY SERVICES SECTION, recorded October 21,2004 as
Instrument No. 2004-023885-0. (Affects Tax Lot 2111; contains instruction to include certain
language in any conveyance)
17. Easement for institutional controls and appurtenances thereto granted to STATE OF
ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF MINING
LAND & WATER REALTY SERVICES SECTION, recorded October 21,2004 as
Instrument No. 2004-024000-0. (Affects Tax Lot 2101; contains instruction to include certain
language in any conveyance)
18. Deed of Trust, including terms and provisions thereof, to secure an indebtedness:
Amount: $ 476,000.00
Trustor: HC PROPERTIES, LLC
Trustee: FAIRBANKS TITLE AGENCY
Beneficiary: ; FIRST NATIONAL BANK ALASKA
Dated: April 23, 2008
Recorded: April 24, 2008
Instrument No.: 2008-007626-0
(Affects Parcel V and other property)
-------
Form 5015802 (8/1/09)
Guarantee Number: 5015802-1753
Order No. :Y81258-JN
Page 7 of8
19. Deed of Trust, including terms and provisions thereof, to secure an indebtedness;
Amount: $75,000.00
Trustor: HC PROPERTIES, LLC
Trustee: YUKON TITLE COMPANY
Beneficiary: ROGER G. MCPEAK
Dated: May 15, 2009
Recorded: May 19, 2009
Instrument No.: 2009-008208-0
(Affects Parcels II, III and IV)
20. Any bankruptcy proceeding not disclosed by the acts that would afford notice to said land,
pursuant to Title 11, U.S.C, 549 (c) of the Bankruptcy Reform Act of 1978 and amendments
thereto.
21. Occupant(s) or any parties whose rights, interests or claims are not shown by the public
records but which could be ascertained by an inspection of the land described above by
making inquiry of persons in possession thereof, including but not limited to, any lien or right
to a lien for services, labor or material theretofore or hereafter furnished.
THE FOLLOWING AFFECTS PARCEL VI:
22. Reservations and exceptions as contained in the U.S. Patent,
23. Reservation of easement for highway purposes as disclosed by Public Land Order No. 601,
dated August 10, 1949 and amended by Public Land Order No. 757, dated October 10,1959;
Public Land Order No. 1613, dated April 7, 1958; and Department of the Interior Order No.
2665 dated October 16, 1951, Amendment No. 1, thereto dated July 17, 1952 and
Amendment No. 2, thereto, dated September 15, 1956, filed in the Federal Register.
24. Right of public and governmental agencies in and to any portion of said land included
within the boundaries of RICHARDSON HIGHWAY,
25. Right of public and governmental agencies in and to any portion of said land included
within the boundaries of BADGER ROAD.
26. Right of public and governmental agencies in and to any portion of said land included
within the boundaries of any trails, streets, roads or highways.
27. Any bankruptcy proceeding not disclosed by the acts that would afford notice to said land,
pursuant to Title 11, U.S.C. 549 (c) of the Bankruptcy Reform Act of 1978 and amendments
thereto.
28. Occupant(s) or any parties whose rights, interests or claims are not shown by the public
records but which could be ascertained by an inspection of the land described above by
making inquiry of persons in possession thereof, including but not limited to, any lien or right
to a lien for services, labor or material theretofore or hereafter furnished.
NOTE:
-------
Form 5015802 (8/1/09)
Guarantee Number; 5015802-1753
Order No. ;Y81258-JN
Page 8 of 8
THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED HEREIN AND
IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING
TITLE TO SAID PROPERTY.
NOTICE;
The attached plat, if any, is furnished as a courtesy only by Yukon Title Company, Inc. and First American
Title Insurance Company, and is not part of any title commitment or policy of title insurance.
The plat is furnished solely for the purpose of assisting in locating the premises and does not purport to
show all highways, roads or easements affecting the property. No reliance should be placed upon this plat
for location or dimensions of the property and no liability is assumed for the correctness thereof.
-------
First American Ti
Guarantee
File No.:
Tax: $
Litigation Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE MUMBER
5015802-1753
Liability: $
Fee: $
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE OTHER PROVISIONS OF
THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY
a California corporation, herein called the Company
GUARANTEES
herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by
reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on
the date stated below:
1, The title to the herein described land was vested in the vestee named, subject to the matters
shown as exceptions herein, which exceptions are not necessarily shown in the order of their
priority.
Date of Guarantee:
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its
authorized officers as of Date of Policy shown in Schedule A.
First American Title Insurance Company
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President
Timothy Kemp
Secretary
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Page 1 of 4
Litigation Guarantee
Alaska
-------
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8 9/24/2007 3:04 PM Pages: 1 of 2
STATUTORY QUITCLAIM DF.F.n rt
THIS INDENTURE, made (his / -— day of September, 2007, by and between:
CARL PEDERSON, also known as Carl M. Pederson,
of P.O. Box 71229, Fairbanks, Alaska 99707, hereinafter
known as "Grantor",
and
CARL MARTIN PEDERSON, JR., being a son of the Grantor,
of 2123 Via Esterlina Avenue S.E., Rio Raneho, New Mexico 87114,
and LARRY W. BOHALL, being a son-in-law of the Grantor,
of 7370 Channel View Drive, Anacortes, Washington 98221,
as co-trustees of the C. M. PEDERSON FAMILY TRUST,
dated September t, 2007, and whereof the within Grantor is the
Trustor, hereinafter collectively known as "Grantees".
That the Grantor, in consideration of iove and affection, and pursuant to the
creation of the aforesaid trust, and for administration and distribution thereunder, hereby
conveys and quitclaims unto the Grantees, all interest of the Grantor in and to the
following described real estate located in the Fairbanks Recording District, State of
Alaska, namely:
Parcel I: Tract "A" of the CLEAR CREEK ESTATES SUBDIVISION, according
to the plat filed November 17,1970 as Instrument No. 70-11877, Records of
the Fairbanks Recording District.
Parcel II: Tract "B" of the CLEAR CREEK ESTATES SUBDIVISION, according
to the plat filed November 17,1970 as Instrument No, 70-11877, Records of
the Fairbanks Recording District.
Parcel III: A portion of the Northwest Quarter (NW1/4} of the Southwest Quarter
(SW1/4) of Section Twenty-one (21), Township One South, Range One
East, Fairbanks Meridian, more particularly described as follows:
Beginning at the Northeast corner of said Northwest Quarter of the
O > Southwest Quarter; thence South 0°08" East along the East tine of said 1/16
Section to an intersection of this line with the North limit of the Alaska
Railroad right-of-way; thence North 70"49' West along the North limit of
said railroad right-of-way to its intersection with the Badger Road right-of-
way; thence in a Northerly direction along said Badger Road right-of-way to
its intersection with a line from ihe point of beginning on a bearing of North
89°56' West; thence along said last mentioned line to the point of
beginning.
Parcel IV: A portion of the Northeast Quarter (NE1/4) of the Southwest Quarter
(SWt/1) of Section Twenty-one (2S), Township One South, Range One
East, Fairbanks Meridian, and being a portion of that parcel described in
Deed recorded January 19,1979 in Book 135 at Page 918 of the Fairbanks
Recording District, State of Alaska, more particularly described as follows:
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-------
Beginning at the Northwest corner of said Northeast Quarter of the
Southwest Quarter; thence in a Southerly direction along the West side line
of said Northeast Quarter, approximately 937 feet to the Northeast
houindary of the Alaska Railroad right-of-way; thence in a Southeasterly
direction along the Northeast boundary of said right-of-way to a point 100
feet East of said West side line of said Northeast Quarter of Southwest
Quarter; thence North parallel to said West side line of said Northeast
Quarter of the Southwest Quarter, approximately 916.0 feet to a point on the
North line of said Northeast Quarter of the Southwest Quarter; thence West
along the aforementioned North line 100 feel to the point of beginning.
The aforesaid Parcels "111" and "IV" are collectively also known and shown on the
records of the Fairbanks North Star Borough as Tax Lot 2101 in said Township One
South, Range One East, Fairbanks Meridian, Alaska,
Together with, and expressly including, the right, title and interest of the Grantor In and
to all furnishings, vehicles, equipment, tools, materials and supplies located on the
aforementioned premises.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand,
i-icn-ii \.C J-a —-
Carl Federson, also known as
Carl M. Federson - Grantor
STATE OF ALASKA )
FOURTH JUDICTAL DISTRICT )
The foregoing Statutory Quitclaim Deed was acknowledged before me on this
/* day of September, 2007, by |
EEBERSQM.
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Notary F&blic in and for Alaska
My commission expires July 7,2011.
He turn to:
Engent R. Beitauf
A»om«y*3Mnvf
709 mhAvmae
Fairbanks, AK 99701
C907) 45f»*5444
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-------
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BK 01271PG 0289
STATUTORY WARRANTY DEED
THE GRANTOR; JOHN ELLIOTT LOWE 111, a single person
ADDRESS; PO Box 73942, Fairbanks, AK 99707
for and in consideration of TEN DOLLARS ($10.00), AND OTHER GOOD AND VALUABLE
CONSIDERATION in hand paid, hereby conveys and warrants to:
GRANTEE: H C PROPERTIES LLC,
ADDRESS: PO Box 80688, Fairbanks, AK 99708
PARCEL i:
100% of the Grantor's One Half Interest in that portion of the East 49S feet of even width of the
Southwest Quarter (SYV1M) of Section Twenty-One (21), Township One South (T1S), Range One
East (R1E), Fairbanks Meridian, lying Northerly of the Northerly right of way line of the Old
Richardson Highway; Records of the Fairbanks Recording District, Fourth Judicial District, State
of Alaska.
(Also referred to as Tax Lot 2106, per the Fairbanks North Star Borough.)
PARCEL Hi
The Northeast Quarter (NE1M) of the Southwest Quarter (SW1/4) of Section Twenty-Seven (27),
Township Two South (T2SJ, Range Three East (R3E), Fairbanks Meridian; Records of the
Fairbanks Recording District, Fourth Judicial District, State of Alaska.
EXCEPTING THEREFROM the South 15 acres, the North lino of which Is parallel with the South
line of the said Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4)
(Also referred to aa Tax Lot 2707, per the Fairbanks North Star Borough.)
PARCEL 111:
The Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section Twenty-Seven (27),
Township Two South (T2S), Range Three East (R3E), Fairbanks Meridian, Records of the
Fairbanks Recording District, Fourth Judicial District, State of Alaska.
EXCEPTING THEREFROM that portion conveyed to the Alaska Farmers Cooperative, Inc. lying
within the said Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4), which is the East
945.66 feet of the South 70.50 feet, more or less, of the said Northwest Quarter (NW1/4) of the
Southwest Quarter (SW1/4).
ALSO, EXCEPTING THEREFROM that portion of the Alaska Railroad right-of-way, tying within the
said Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4), which is Southwest of the
tract centeriine.
(Also referred to as Tax Lot 2707, per the Fairbanks North Star Borough.)
PARCEL IV:
That portion of Lot One (1) of Section Twenty-Seven (27), Township Two South (T2S), Range
Three East (R3E), Fairbanks Meridian, which Is bounded on the Southwest by the centeriine of
the Alaska Railroad track and on the East by the land conveyed to the Alaska Farmers
Cooperative, Inc. on October 4, 1982, Records of the Fairbanks Recording District, Fourth
Judicial District, State of Alaska.
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(Also referred to as Tax Lot 2707, per the Fairbanks North Star Borough.)
-------
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8£ 01277 PG 0290
Statutory Warranty Dew!
Paga 2 of 2
PARCEL V:
That portion of the Southeast Quarter (5E1M), Section Twenty-One (21), Township One South
(T1S), Range One East (R1E), Fairbanks Meridian, lying Northerly of the Northerly right-of-way
line of the Old Richardson Highway; Records of the Fairbanks Recording District, Fourth Judicial
District, State of Alaska.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
Those portions conveyed by the following deeds:
Warranty Dead recorded June 11,1951 in Book 46, Page 199; Warranty Deed recorded October 2,
1957 In Book 89, Page 294; Warranty Deed recorded July 25, 1953 in Book 62, Page 65; Dead
recorded July 6, 1959 in Book 103, Page 202; Warranty Deed recorded Juiy 16, 1958 in Book 80,
Page 304; Warranty Deed recorded March 9, 1962 in Book 138, Page 90; Warranty Deed recorded
October 1, 1957 in Book 89, Page 284; Warranty Deed recorded September 11, 1957 in Book 89,
Pags 134,
(Also referred to as Tax Lot 2133, per the Fairbanks North Star Borough.)
3D
SUBJECT, to accrued real property taxes thereon, if any; and rn
SUBJECT, to reservations, restrictions and easements of record, S _
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The foregoing instrument was acknowledged this _ K2001, by ^
JOHN ELLIOTT LOWE III
AFTER RECORDING MAIL TO:
H C PROPERTIES LLC
PO Box 80688
Fairbanks, AK 99708
Notary Public
My commission expires:
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' BK 01277 PG 0281
STATUTORY WARRANTY DEED
THE GRANTOR: BLANCHE DERICKSON and JAMES S. BOZIK, as Successor Co-
Trustees, as Successor-Trustee of the MARCUS H. DERICKSON
SELF-DECLARATION TRUST dated September 6, 1993,
ADDRESS:
202 Edgemoor Drive, Michigan City, ID 46360
tor and in consideration of TEN DOLLARS ($10.00), AND OTHER GOOD AND VALUABLE
CONSIDERATION In hand paid, hereby conveys and warrants to
GRANTEE:
H C PROPERTIES LLC, an Alaska Limited Liability Company
ADDRESS:
PO Box 80688, Fairbanks, AK 99708
aa to 10OZ of their undivided 1/2 interest in
the following described real estate:
PARCEL I:
The West Half (W1/2) of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of
Section Twenty-Three (23) Township One South (T1S) Range One West (R1W) Fairbanks Meridian
located in the Fairbanks Recording District, Fourth Judicial District, State of Alaska.
EXCEPTING THEREFROM that portion conveyed to the Fairbanks North Star Borough as
disclosed by Deeds recorded August 12,1894 in Book 869, Page 388 and Book 869, Page 389.
(Also referred to as Tax Lot 2302, per the Fairbanks North Star Borough.)
PARCEL II:
That portion of the East 495 feel of even width of the Southwest Quarter (SWIM) of Section
Twenty-One (21), Township One South (T1S), Range One East (R1E), Fairbanks Meridian, lying
Northerly of the Northerly right of way line of the Old Richardson Highway: Records of the
Fairbanks Recording District, Fourth Judicial District, State of Alaska.
(Also referred to as Tax Lot 2108, per the Fairbanks North Star Borough.)
SUBJECT, to accrued real property taxes thereon, if any; and
SUBJECT, to reservations, restrictions and easements of record.
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STATE OF INDIANA
COUNTY OF PORTER
Tlw foregoing instrument was acknowledged this (7 (Jay of
BLANCHE DERICKSON and JAMES S, BOZIK, as Successor Co
DERICKSON SELF-DECLARATION Trust dated September 6,1993,
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2001, by ,
es fcff the MARCUS H.
uthority so to do. ¦ /;
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in E. Glasser. Notary Public -1:7 vf,:;
commission expires: 10-24-2007- !;¦ ¦'
Went of Porter County, indiani}i\ \
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AFTER RECORDING MAIL TO:
H C PROPERTIES LLC
PO Bo* 80688
Fairbanks, AK 99708
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SI7378 TSA 50189
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2009-00S207-0
Recording Dist: 401 - Fairbanks
5/19/2009 8:34 AM Pases: 1 of 2
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STATUTORY WARRANTY DF.FD
THIS INDENTURE, made and given
made and given this _ /J - _ day of May, 2009, by and between:
ROGER O, McPEAK, individually and as surviving spouse,
of Betty McPeak who died on My 17, 2005 at or near
Fairbanks, Alaska, of P.O. Box 58076, Fairbanks, Alaska 99711,
hereinafter known as "Grantor",
and
HC PROPERTIES, LLC, an Alaska limited liability company,
of P.O. Box 80688, Fairbanks, Alaska 99708, hereinafter known
as "Grantee".
WITNESSETH;
That the Grantor, in consideration of Ten Dollars ($10.00), and other good and valuable
consideration, in hand paid, hereby conveys and warrants unto the Grantee, the following
described real estate located in the Fairbanks Recording District, State of Alaska:
That Portion of the Northeast Quarter (NF.1/4) of the Southwest Quarter (SWI/4) of
Section Twenty-one (21), Township One South, Range One East, Fairbanks Meridian,
lying Northerly of the Northerly right-of-way line of the Alaska Railroad Right-of-Way
which itself lies adjacent to and on the North side of the Old Richardson Highway;
EXCEPTING THEREFROM the East 495 feet of even width as measured along the
North line thereof; AND ALSO EXCEPTING THEREFROM the West 100 feet of even
width as measured along the North line thereof.
Said property is also by and large known and shown on the assessment rolls of the
Fairbanks North Star Borough as Tax Lots 2Ut, 2U2, 2U3 and 2131 in said township
and range,
RESERVING AND RETAINING unto the Grantor, however, the right to continue to store on
said premises until the close of September 30, 2009, any items of equipment and other materials •
of the Grantor or his corporation known as McPeak Sand & Gravel, Inc. which are presently
stored on said premises, and during such interim period to display and sell such items on said
premises, and to otherwise dispose of and remove the same from said premises; provided always,
that title to and ownership of any of such items of equipment and other such materials remaining
on said premises after the close of September 30, 2009 shall automatically revert to the within
Grantee by virtue of such fact,
SUBJECT, however, to accrued property taxes thereon for calendar year 2009, all of which are to
be bome and paid by the Grantee; and,
SUBJECT, to reservations, exceptions, restrictions and easements of record, if any, expressly
including those certain Conservation Easements recorded as Instrument Nos, 2004-023882-0,
2004-023883-0,2004-023884-0 and 2004-023885-0 on October 21,2004; and,
SUBJECT, to the rights of the public and governmental entities in any portion thereof lying
within the boundaries of any trails, streets, roads or highways if such there shall be,
The aforesaid property is not the family home or homestead of the Grantor or his spouse.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand.
-------
STATE OF ALASKA )
)
FOURTH JUDICIAL DISTRICT )
The foregoing Statutory Warranty Deed was acknowledged before me on this
/X—dav of May, 2009, by ROGER G. McPEAK.
qTA (I y \ NotaiyPublic in and for Alaska
-tyrV ^ ; My commission expires July 7,2011,
V^su^T/-
Return to;
Eugene R,
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2 of 2
2069-008207-0
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\-\H US^'iOlO J 10/5/2006 1:11 PM.Pages; 1 of 12 ,
\-
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T. 1 S., R. 1 W„
Sec. 9, lots 1 through 5, inclusive, and N'ANW'/J;
Sec, 10, lots 6, 7, and 8,
Containing 255.32 acres, as shown on plat of T. 1 S., R. 1 W., Fairbanks Meridian,. -¦
Alaska, approved June 7,1913.
T. 1 S„ R. 1 W.,
Sec. 3, lot 23;. •
Sec. 10, lot 13. "
Containing 39.41 acres, as shown on supplemental plat of survey officially filed
June 30,1986. . .
T. 1S..R. 1W„
¦ Tract 37. '
Containing 22.15 acres, as shown on Survey of Tract 37, T. 1 S„ R. 1 W., Fairbanks
Meridian, Alaska, officially filed June 17, 1993.
Aggregating 450.56 acres. -
Railroad Rieht-of-Wav as defined by Section 603( 11) of ARTA:
Lots 1 through 14 inclusive, and Parcels, A, B, and C, U. S. Survey No. 9070,
Alaska.
Containing 122.67 acres, as shown on plat of survey officially filed March 10, 1993.
Lots 1 through 9 inclusive, U. S. Survey No. 9072, Alaska.
Containing 120.11 acres, as shown on plat of survey officially filed August 4, 1993.
Aggregating 242.78 acres.
Total Aggregating 693.34 acres.
NOW KNOW YE,-that the UNITED STATES OF AMERICA, has given and
granted, and by these presents in conformity with ARTA, does give, grant, and
convey, unto the Alaska Railroad Corporation, its assigns and successors the real
property described above to have and to hold forever.
^0-2006-046 4
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The right, title, and interest hereby granted and conveyed in and to the real property
described above are the full and complete right, title, and interest of the United States
in and to said real property, subject to the Reservations and Conditions set out below.
Pursuant to See. 606(b)(4)(B) of ARTA, the right, title, and interest granted by the
United States in the above-described real property that is located within the right-of-
way of the Alaska Railroad shall be not less than an exclusive use easement as
defined in Sec. 603(6) of ARTA, .
Reservations and Conditions:
1. The grant of the above-described real property is subject to the following
rights and interests granted by the United States prior to this conveyance;
Any interest in the Richardson Highway transferred to the State of
Alaska by the quit claim deed dated June 30,1959, executed by the
Secretary of Commerce under the authority of the Alaska Omnibus
Act, Public Law 86-70, 73 Stat, 141, as toSec. 24, T. 1 S., R. 1 W„
Fairbanks Meridian,
2. Subject to the right, title, and interest, if any, that has otherwise vested in the
State of Alaska in any submerged lands among the above-described lands
which are situated beneath nontidal navigable waters up to the ordinary high
water mark or which are permanently or periodically covered by tidal waters
up lo the line of mean high tide. .
3. Pursuant to Sec. 604(c)(1) of ARTA, there is excluded from this conveyance
any unexercised right-of-way that may exist under 43 U.S.C. 975(d).
4. Pursuant to Sec. 604(c)(2) of ARTA, the following existing easements for
administration are reserved to the United States under the jurisdiction of the
Secretary of Defense.
a. Easements for Current Communication. Utility, and Transportation .
Uses:
The easements identified in this paragraph 4.a in, upon, over, under,,-
and across the real property hereby conveyed are reserved to the
United States, or its assigns for communication, utility, and
transportation uses in conformity with the uses to which each such
easement was devoted on January 14, 1983, including the continuing
right in the United States, or its assigns, to use, operate, locate, replace,
reconstruct, maintain, alter, repair, remove, patrol, and access roads,
overhead and underground electric and communication cables, wires,
Patent No. 5 0 ^ ^ ^ O U O "i Page 3 of 12
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and equipment, and natural gas or petroleum products pipelines,
together with the right to trim, cut, fell, and remove (herefrom any and
all vegetation, obstructions, structures, or obstacles that are growing or
may hereafter grow or be placed upon the real properly subject to these
easements and that may, in the judgment of the United States or its
assigns, substantially impair its authorized use of the easement. The
United States,.or its assigns, will give at least twenty (20) days notice
: to the Alaska Railroad Corporation, or its successors or assigns, before
undertaking construction, reconstruction, or demolition activity within
an easement hereby reserved, except that in case of an emergency the
United States may undertake whatever activity is necessary to alleviate
the emergency after giving such notice as is reasonable in the
... circumstance. The easements identified in this paragraph 4.a are more
specifically described in the paragraphs below identified as
LOCATION DESCRIPTIONS OF CURRENT COMMUNICATIONS,
UTILITY, AND TRANSPORTATION USES and displayed on the
plat entitled Fort Wainwright P,L, 97-468 Easements, recorded .
herewith. .
LOCATION DESCRIPTIONS OF CURRENT COMMUNICATION, UTILITY,
AND TRANSPORTATION USES;
ON FORT WAINWRIGHT:
Description
Badger Road where it crosses the right-of-way in a
north-northeasterly direction at approximately Railroad
Mileage 8.27 of the Eielson Branch.
2. 6.93 Luzon Avenue where it crosses the right-of-way in a
north-south direction at approximately Railroad
Mileage 6.93 of the Eielson Branch, this, crossing being .
approximately 300 feet north of where Luzon Avenue
intersects with the Richardson Highway,
3. 6.62 South Gate Road where it crosses the right-of-way in a
north-south direction at approximately Railroad
Mileage 6,62 of the Eielson Branch, this crossing being
approximately 175 feet north of where South Gate Road
intersects with the Richardson Highway.
4. " 5.66 Alder Avenue where it crosses the right-of-way in an
east-west direction at approximately Railroad Mileage
U~ £uut>- U4fc)4
No. Milepost
1. 8.27
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2006426473-0
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5.66 of the Bielson Branch, the crossing being
approximately 500 feet dug south of the cooling pond.
5. 5,06 Neely Road where it crosses the right-of-way in an
east-west direction at approximately Railroad Mileage
5,06 of the Eielson Branch.
6. 4.94 An unnamed road which crosses the right-of-way in a
northwesterly direction at approximately Railroad
Mileage 4,94 of the Bielson Branch, the crossing being
approximately 630 feet north of Neely Road.
7. 4.61 Whidden Road where it crosses the right-of-way in a
south-southeasterly direction at approximately Railroad
Mileage 4.61 of the Eielson Branch.
E & 9. 4,00 Gaffney Road beginning where it enters the right-of-
¦ way at approximately Railroad Mileage 3.78 of the
Eielson Branch and continuing along in the light-of-.
way on the southeastern side of the main-line tracks at
approximately Railroad Mileage 4.41 of the Eielson
Branch and continuing on the northwestern side of the
main-line track to where it leaves the right-of-way at
approximately Railroad Mileage 4.65 of the Eielson
Branch.
10. 3,9 Vest Road where.it crosses the right-of-way in an east-
west direction at approximately Railroad Mileage 3,9 of
the Eielson Branch.
1!, 3.49 • Trainer Gate Road where it crosses the right-of-way in a
west-southwesterly direction lo join with Vest Road at
approximately Railroad Mileage 3.49 of the Eielson
'Branch,- -
12. 3.19 Trainer Gate Road, River Road, and Pegree Road where
they converge and cross the right-of-way in a north-
south direction at approximately Railroad Mileage 3,19
' • of the Eielson Branch,
13. 7.19 An unnamed road which connects Chippewa Avenue
and the Richardson Highway and which crosses the
right-of-way in a north-northeasterly direction at
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approximately Railroad Mileage 7. J 9 of the Eieison
Branch, being approximately 425 feet north-northeast of -
where the road intersects with the Richardson Highway ..
, - - at survey station 378+96,7,
14. " 3.6 \ Crossing No. t: An 8 inch JP-4 Transfer Line crossing
the 28-foot right-of-way of the main-line of the Eielson
Branch Line of the Alaska Railroad, said pipe line
crossing the centerline of she right-of-way on a bearing
of S, 2°]9'28"E., and at a distance of approximately 85
feet southwest of where the main-line intersects the .
north fine of Lot 8, Sec. 12, T. 1 S., R. 1 W., Fairbanks
Meridian, and including an area extending out 10 feet
on either side of the line.
' Crossing No. 2: Two 8-inch Aviation Gasoline Lines
crossing the 28-foot right-of-way of the main-line of the
Eielson Branch Line of the Alaska Railroad, said pipe
lines crossing the centerline of the right-of-way on a
bearing of N. 89"0r06"E,, and at a distance of
approximately 105 feet northeast of where the main-line
intersects the south line of Lot 4, Sec. 12, T. 1 S„
R. I W., Fairbanks Meridian, and including an area
extending out 10 feet on either side of the lines.
Crossing No. 3: An 8-way communication line
crossing the 28-foot right-of-way of the main-line of the -
Eielson Branch Line of the Alaska Railroad, said line
crossing the centerline of the right-of-way on a bearing,
of approximately S. 89°30'W„ and at a distance of
approximately 295 feet northeast of where the main-line
intersects the west line of Lot 11, Sec. 7, T. 1 S.,
R. I E., Fairbanks Meridian, and including an area
extending out 10 feet on either side of the line.
Crossing No. 4: Three 8-inch fuel lines attached to the
south side of the Chena River Bridge and make a right
angle turn under the bridge near the west end. .
15. . 3.77 . A road which crosses the right-of-way in an east-west
direction at approximately Railroad Mileage 3.77 of the
Eielson Branch.
n5Q-^u06-Q464
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2006-021473-0
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16. , 3.73 A road which crosses the right-of-way in an east-west •
direction at approximately Railroad Mileage 3.73 of the
Eielson Branch.
17. 3.66 Vest Road where it crosses the right-of-way in a
¦ ' . northwesterly direction at approximately Railroad
Mileage 3.66 of the Eielson Branch.
18. , Reserved. -
19. 2.88 Trainer gravel pit access road running southwest from
Trainer Road, crossing the right-of-way at a
perpendicular at approximately Railroad Mileage,2.88
of the Eielson Branch, thence running to the gravel pit
20. 21, & 22. 3.21 Trainer Road from. Item 11 above, paralleling the right-
of-way westerly until it leaves Fort Wainwright;
included is the Trainer Road Bridge over the Chena
River at approximately Railroad Mileage 3.25 of the
Eielson Branch.
All the foregoing covenants and agreements shall run with the land,
b. Avieation Easements: •
The following easement over the real property hereby conveyed and situated within
the exterior perimeters of Fort Wainwright is reserved to the United States, or its
assigns, for the purpose of unobstructed passage of all aircraft ("aircraft" being
defined for the purpose of this instrument as any contrivance now known or hereafter
invented, used, or designed for the navigation of or flight in the air) by whomever
owned and operated in the airspace above said real property at the following heights;
Within Fort Wainwright:
From the surface of the railroad bed as it exists to an infinite height on all that portion
of the main line right-of-way lying approximately between Eielson Branch Railroad
Mileage 3.9 and Railroad Mileage 4.6, that being an area within extensions from the
active aircraft runways, as more specifically displayed oh the plat entitled Fort
Wainwright P.L. 97^68 Easements, recorded herewith.
There is further reserved to the United States, or its assigns the right to cause in all
airspace above the real property subject to the above-described avigation easement
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such noise, vibrations, fumes, dust, fuel particles, and all other ordinary effects that "
may be caused by the operation of aircraft landing, ant} taking off, or operating at or
on Fort Wainwright; provided, however, that the phrase "operation of aircraft" and the
word "operating", as used in this Instrument do not include aircraft crashes or landing
of aircraft on the above-described real property. The Alaska Railroad Corporation
hereby waives, remises, and releases all rights or causes of action which it or its
successors or assigns, may hereafter acquire against the United States due to such
noise, vibrations, fumes, dust, fuel particles, or any other ordinary effects that may be
caused by the operation of aircraft landing at, taking off from, or operating at or on
Fort Wainwright, except that no waiver is made or given hereby of any action or
liability accruing in favor of the State of Alaska or the Alaska Railroad Corporation
under any applicable Federal or State law or regulation concerning air or water
quality: The avigation easement hereby reserved includes as an incident thereof the
continuing right in the' United States to prevent the erection or growth upon the above
described real property of any building, structure, tree, or other object extending into
the prohibited airspace established by this paragraph 4.b, and to remove from said
airspace, or at the sole option of the United States as an alternative to require the
marking and lighting as obstructions to air navigation, any such building, structure,
tree, or other object which may'in the future be upon the real property subject to this
easement and intrude into the prohibited airspace established by this paragraph 4.b,
together with the right of ingress from and passage over the above-described real
property to accomplish the purposes stated in this sentence.
The Alaska Railroad Corporation hereby covenants, for itself and its successors and -
assigns, that for and during the life of the avigation easement hereby reserved, it will
not hereafter erect, permit the erection or growlh of, or permit or suffer to remain
upon the real property, any building, structure, tree, or other object extending into the
prohibited airspace established by this paragraph 4,b., and that it shall not hereafter
use or permit or suffer the use of said property in such manner as to create electrical
interference with radio communication between any installation upon Fort
Wainwright, and aircraft, or as to make it difficult for fliers to distinguish between
landing lights and other lights, or as to impair visibility in the vicinity of said bases or
as otherwise to endanger the landing, taking off, or maneuvering of aircraft within the
prohibited airspace established by this paragraph 4.b.
This avigation easement does not prevent the Alaska Railroad Corporation, its
successors or assigns, from transporting aboard rail cars objects, with reasonable prior
notice, which extend into the prohibited airspace established by the enumerated '
paragraphs above, provided that such objects remain in transit and are not stored upon
the right-of-way or on any of the real property subject to these easements. All the
foregoing.covenants and agreements shall run with the land.
,50-2006-0464
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c. Safety Zone Easements Surrounding Runways:
The following easement in and over the real property hereby conveyed, and situated'
within the exterior boundaries of Fort Wainwright, is reserved to the United States, or
its assigns, to maintain a safety zone surrounding the active runways: All that portion
of the main line right-of-way lying approximately between Eielson Branch Railroad
Mileage 3.80 and Railroad Mileage 4.70, as more specifically displayed on the plat
entitled Fort Wainwright P.L. 97-468 Easements, recorded herewith.
The easement reserved by this paragraph 4.c includes the continuing right in (he
United States, or its assigns,, to prohibit human habitation on (but not transportation of
persons or freight over and through) the real property subject to this safety zone
easement, and the right of ingress to, egress from, and passage over the said real
property to accomplish the above purposes. The Alaska Railroad Corporation hereby
covenants and agrees, for itself and its successors and assigns, that, for and during the
life of this easement, it will not erect, permit the erection of, or permit or suffer to
remain upon the said real property within the herein described safety zone any
habitation or dwelling of any kind. All the foregoing covenants and agreements shall
run with the land.
d. ' Fife. Rescue, and Security Easement: •
An easement in and over all the real property hereby conveyed, and situated within
the exterior perimeters of Foit Wainwright, is reserved to the United States, or its
assigns, permitting the United States, (1) to enter upon said real property at any time
without notice for purposes of fire suppression or protection of government property
or in response to aircraft emergencies or crashes, or for training for such purposes; (2)
to maintain the continued security of the military installation adjacent to said real
property by entry of security personnel of the United States and their equipment upon
said real property, without notice and as may be necessary, subject to the requirement
that such entry or use shall not interfere with railroad operations; and (3) to enter upon
the said real property to cut or trim any vegetation deemed by the United Stales to
interfere with installation security or with the continuing ability to use fire
suppression equipment as aforesaid. All the foregoing covenants and agreements
shall run with the land.
e. Restrictive Security Easement: '
An easement in and over all the real property hereby conveyed, and situated within .
the exterior perimeters of Fort Wainwright, is reserved to the United States, or its
assigns, by which, unless the Alaska Railroad Corporation, or its successors or
assigns, takes certain actions as hereinafter stated, the United States, in order to
prevent compromise of United States military security and assure adequate protection
Patent U 0 t) "" U 4 6 4 Page 9 or 12
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of defense resources within the military reservation in the interests of national
defense, may prevent access to or presence on said properties by any person, other'
than passengers on a train, employees, agents, or contractors of the Alaska-Railroad
Corporation, or its successors, or assigns, or Federal, State, or Municipal government
employees. The Alaska Railroad Corporation hereby covenants and agrees, for itself,
and its successors and assigns, that for and during the life of this easement, it and they
will take no action to permit access to or presence upon the above-described real
property by any person except those who are passengers On a train, employees, agents,
or contractors of the Alaska Railroad Corporation, or its successors or assigns, or "
employees of the Federal, State, or Municipal Governments, unless it has first takeh
such precautions as are acceptable to the United States which are reasonable and
generally utilized in similar circumstances, to include erection of suitable barriers and
adoption of control procedures, to ensure such access does not jeopardize the security
of the military installation. AH the foregoing covenants and agreements shall run with
the land.
f. Termination of Easements: .
The easements, covenants,'and agreements specified in paragraphs 4.d and 4.e above
shall terminate if and when, and to the extent the military reservation within which
they are situated, is revoked, vacated, or no longer used for military or defense
purposes.
Such easements and the use of such easements shall not interfere with operations or
support functions of the State-owned railroad, as defined in Sec. 603(14) of ARTA,
' 45 U.S.C. 1202(14). ¦
Definitions .
L "Real property", as used herein, means land and all of the appurtenances,
hereditaments, improvements, facilities, Hackwork, roadbed, buildings, .
franchises, ways, waters, minerals, rights, privileges, fixtures, licenses,
leaseholds, reversions, easements, rights under operating, trackage and joint
facilities agreements, rents, issues, profits and other interests and items
belonging to or in any way appertaining to the above-described land. . ,
2. All of the terms used in this instrument that are defined in Sec. 603(6) of
ARTA have the same meaning herein as provided in said section including but
not limited to the following terms:
a. "exclusive-use easement", as used herein, means as provided by
Sec. 603(6) of ARTA an easement which affords to the easement
holder the following:
Patent ll5, U~ t> U4t)4: Page 10 of 12
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1. the exclusive right to use, possess, and enjoy the surface estate
of the land subject to this easement for transportation,
communication, and transmission purposes and for support
functions associated with such purposes;
2. the right to use so much of the subsurface estate of the lands
subject to this easement as is necessary for the transportation, :
communication, and transmission purposes and associated
support functions for which the surface of such lands is used; .
3. subjacent and lateral support of the lands subject to the -
easement; and
4. ¦ the right (in the easement holder's discretion) to fence all or
part of the lands subject to this easement and to affix track,
fixtures, and structures to such lands and to exclude other
persons from all or part of such lands.
b. "right-of-way", as used herein, means as provided in Sec. 603(11) of
ARTA; . . • -
1. an area extending not less, than one hundred feet on both sides
of the center line of any main line or branch line of the Alaska
Railroad; or
2, an area extending on both sides of the center line of any main
line or branch line of the Alaska Railroad appropriated or
retained by or for the Alaska Railroad that, as a result of
. military jurisdiction over, or non-federal ownership of, lands
abutting the main line or branch line, is of a width less than that
described in subparagraph (1) of this paragraph.
IN WITNESS WHEREOF, the undersigned authorized officer of the
Department of Transportation has in the name of the United States, set his/^er hand
and caused the seal of the Department to be hereunto affixed on this ~~ day of
2006.
UNITED SXATETC RICA
fansportation by the
Irator of the Federal Railroad
stration
n5U" II O 4
Patent No. IV f* xr \J> -u> page ,, qf !2
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2008-026473-0
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Accepted:
ALASKA RAILROAD CORPORATION
S
Dated;
Location Index for Recording Information;
Lot 5, Block 3, USS 2159 located in
Sec. iO, T. I S., R. I W., FM, USS 9070
located in Sees. 2,3,4,5,6, JO, to 13,
17,20 to 26, 29, and 30, T. J S., R. t W.,
FM. USS 9072 located in Sees. 19, 20,
21, 27, 34, and 35, T. 1 S., R. i EM and
Sees. I and 2, T. 2 S., R. I E.; FM.
Return Recorded Document to:
Alaska Railroad Corporation
Mr. James Blaaingame
Vfc® Pmnkkmt, Corporate Affairs
P.O. Box 107500
Anchorage, Alaska 99510-7500
Patent No.'
50-^u0ti-0464
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a 2008-007626-0
a Recording Dist: 401 - Fairbanks
s 4/24/2008 8:35 AM Pages: 1 of 15
K
RECORDATION
REQUESTED BY; c c
First National Bank
Alaska
Golden Valley
Branch
1300 Washington
Drive
PO Box 82487
Fairbanks, AK
99708-2487
WHEN RECORDED MAIL
TO;
First National Bank
Alaska
Golden Valley
Branch
1300 Washington
Drive
PO Box 82487
Fairbanks, AK
99708-2487
830985 m 72264 FOR RECORDER'S USE ONLY
DEED OF TRUST
THIS DEED OF TRUST Is dated April 23, 2008, among HC PROPERTIES, LLC, whose address
Is PO BOX 80688, FAIRBANKS, AK 99708 ("Grantor"); First National Bank Alaska, whose
address is Golden Valley Branch, 1300 Washington Drive, PO Box 82487, Fairbanks, AK
99708-2487 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
Fairbanks Title Agency, whose address Is 714 Third Avenue, Fairbanks, AK 99701 (referred
to below as "Trustee").
CONVEYANCE AND GRANT, For valuable consideration, Grantor conveys to Trustee in trust,
with power of sale, for the benefit of Lender as Beneficiary, all of Grantor's right, title, and
interest in and to the following described real property, together with all existing or subsequently
erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or
irrigation rights); and all other rights, royalties, and profits relating to the real property, including
without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property")
located in the Fairbanks Recording District, Fourth Judicial District, the State of Alaska:
See SEE ATTACHED EXHIBIT 'A", which is attached to this Deed of Trust and made a part
of this Deed of Trust as If fully aet forth herein.
The Real Property or its address is commonly known as 1296 OLD RICHARDSON HWY,
NORTH POLE, AK 99705. The Real Property tax Identification number Is 03208049, 0320277,
0443042, 0320510,
CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all
obligations, debts and liabilities, plus interest'thereon, of Grantor to Lender, or any one or more
of them, as well as all claims by lender against Grantor or any one or more of them, whether
now existing or hereafter arising, whether related or unrelated to the purpose of the Note,
whether voluntary or otherwise, whether due or not due, direct or indirect, determined or
undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable
individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
otherwise, and whether recovery upon such amounts may be or hereafter may become barred by
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Loon No: 2616069317
DEED OF TRUST
(Continued)
Page 12
Note. The word "Note" means the promissory note dated April 23, 2008, In the original
principal amount of $476,000.00 from Grantor to Lender, together with all renewals of,
extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement. The maturity date of this Deed of Trust Is May 1, 2018.
Personal Property, The words "Personal Property" mean all equipment, fixtures, and other
articles of personal property now or hereafter owned by Grantor, and now or hereafter
attached or affixed to the Real Property; together with all accessions, parts, and additions to,
all replacements of, and all substitutions for, any of such property; and together with all
Issues and profits thereon and proceeds (including without limitation all insurance proceeds
and refunds of premiums) from any sale or other disposition of the Property.
Property, The word "Property" means collectively the Real Property and the Personal
Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as
further described in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit
agreements, loan agreements, environmental agreements, guaranties, security agreements,
mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed In connection with
the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues,
royalties, profits, and other benefits derived from the Property.
Trustee. The word "Trustee" means Fairbanks Title Agency, whose address is 714 Third
Avenue, Fairbanks, AK 89701 and any substitute or successor trustees,
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF
TRUST, AND GRANTOR AGREES TO ITS TERMS.
GRANTOR:
HC PROPERTIES, LLC
WILLIAM HOOPLE, Member of HC PROPERTIES, LLC
lllllllfilill
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2008-007626-0
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Loan No: 2618069317
DEED OF TRUST
(Continued)
Page 13
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF Alaska
Fourth
JUDICIAL DISTRICT
)
)SS
)
23th
day of April , 20 08 , before me, the
personally appeared WiLLtAM HQOPLE, Member of HC
On this
undersigned Notary Public,
PROPERTIES, LLC, and known to me to be a member or designated agent of the limited liability
company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and
voluntary act and deed of the limited liability company, by authority of statute, its articles of
organization or its operating agreement, for the uses and purposes therein mentioned, and on
oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the
Deed gfJTrust on behalf of the limited liability company.
idi
{To be used only when obligations have been pajoW/lflltt"
REQUEST FOR FULL RECONVEY*
Trustee
To:
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust.
All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby
directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or
pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is
delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the
parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed
of Trust. Please mail the reconveyance and Related Documents to:
Date;
Beneficiary:
By:_
Its:
LASER PRO Lending, Ver. 5,39.00.008 Copr. Harland Financial Solutions, Inc. 1997, 2008.
Rights Reserved, -AK c:\cfiwinVCFI\LPL\G01.FC TR-67103 PR-65
All
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2008-007626-0
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Title Number: 72264
EXHIBIT "A"
PARCEL I:
Government Lots Three (3) and Four (4); AND the Southeast Quarter (SE1/4) of the
Northwest Quarter (NW1/4); AND the East Half (E1/2) of the Southwest Quarter (SW1/4) of
the Northwest Quarter (NW1/4); AND the East Half (E1/2) of the West Half (W1/2) of the
Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) all being in Section Five (5),
Township Two South (T2S), Range Two East (R2E), Fairbanks Meridian, located in the
Fairbanks Recording District, Fourth Judicial District, State of Alaska.
(Also referred to as Tax Lot 520, per the Fairbanks North Star Borough.)
PARCEL II:
That portion of the East 495 feet of even width of the Southwest Quarter (SW1/4) of Section
Twenty-One (21), Township One South (T1S), Range One East (R1E), Fairbanks Meridian,
lying Northerly of the Northerly right of way line of the Old Richardson Highway; Records
of the Fairbanks Recording District, Fourth Judicial District, State of Alaska.
(Also referred to as Tax Lot 2106, per the Fairbanks North Star Borough.)
PARCEL III:
The Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section Twenty-Seven
(27), Township Two South (T2S), Range Three East (R3E), Fairbanks Meridian; Records of
the Fairbanks Recording District, Fourth Judicial District, State of Alaska.
EXCEPTING THEREFROM the South 15 acres, the North line of which is parallel with the
South line of the said Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4)
(Also referred to as Tax Lot 2707, per the Fairbanks North Star Borough.)
PARCEL IV:
The Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section Twenty-Seven
(27), Township Two South (T2S), Range Three East (R3E), Fairbanks Meridian, Records of
the Fairbanks Recording District, Fourth Judicial District, State of Alaska.
EXCEPTING THEREFROM that portion conveyed to the Alaska Farmers Cooperative, Inc.
lying within the said Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4), which is
the East 945.66 feet of the South 70.50 feet, more or less, of the said Northwest Quarter
(NW1/4) of the Southwest Quarter (SW1/4).
ALSO, EXCEPTING THEREFROM that portion of the Alaska Railroad right-of-way, lying
within the said Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4), which is
Southwest of the tract centerline.
(Also referred to as Tax Lot 2707, per the Fairbanks North Star Borough.)
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2008-007626-0
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Title Number: 72264
PARCEL V;
That portion of Lot One (1) of Section Twenty-Seven (27), Township Two South (T2S),
Range Three East (R3E), Fairbanks Meridian, which is bounded on the Southwest by the
centerline of the Alaska Railroad track and on the East by the land conveyed to the Alaska
Farmers Cooperative, Inc. on October 4,1982, Records of the Fairbanks Recording District,
Fourth Judicial District, State of Alaska.
(Also referred to as Tax Lot 2707, per the Fairbanks North Star Borough.)
PARCEL VI:
That portion of the Southeast Quarter (SE1/4), Section Twenty-One (21), Township One
South (T1S), Range One East (R1E), Fairbanks Meridian, lying Northerly of the Northerly
right-of-way line of the Old Richardson Highway; Records of the Fairbanks Recording
District, Fourth Judicial District, State of Alaska.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
Those portions conveyed by the following deeds:
Warranty Deed recorded June 11, 1951 in Book 46, Page 199; Warranty Deed recorded
October 2,1957 in Book 89, Page 294; Warranty Deed recorded July 25, 1953 in Book 62,
Page 65; Deed recorded July 6,1959 in Book 103, Page 202; Warranty Deed recorded July
16, 1958 in Book 80, Page 304; Warranty Deed recorded March 9, 1962 In Book 138, Page
90; Warranty Deed recorded October 1, 1957 in Book 89, Page 284; Warranty Deed
recorded September 11,1957 in Book 89, Page 134.
(Also referred to as Tax Lot 2133, per the Fairbanks North Star Borough.)
2008-007626-0
3
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a 2009-008208-0
a Recording Dist: 401 - Fairbanks
S 5/19/2009 8:34 AM Pages: 1 of 4
DEEP OF TRUST
\| 6SHCQ ^
THIS DEED OF TRUST, made this / •? - day of MM ,2009 between
HC PROPERTIES. LLC, an Alaska limited liability company ,
whose address is P.O. Box 80688. Fairbanks. Alaska 9970 , as Trustor,
YUKON TITLE COMPANY. INC. , an Alaska corporation, herein called Trustee, and
ROGER G. McPEAK ,
whose address is P.O. Box 58076. Fairbanks, Alaska 99711 , herein called Beneficiary.
WITNESSETH: That Trustor GRANTS, BARGAINS, SliLI.S and CONVEYS to TRUSTEE IN TRUST, AND
WITH POWER OF SALE, that property in the Fairbanks Recording District, State of Alaska, described as follows:
That Portion of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of
Section Twenty-one (21), Township One South, Range One East, Fairbanks Meridian,
lying Northerly of the Northerly right-of-way line of the Alaska Railroad Right-of-Way
which itself lies adjacent to and on the North side of the Old Richardson Highway;
EXCEPTING THEREFROM the East 495 feet of even width as measured along the
North line thereof; AND ALSO EXCEPTING THEREFROM the West 100 feet of even
width as measured along the North line thereof,
TOGETHER WITH the tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profite.
TO HAVE AND TO HOLD the same, with the appurtenances, unto the Trustee, for the purpose of securing
performance of each agreement of Trustor herein contained, and payment of the indebtedness evidenced by one
Promissory Note of even date herewith, in the principal sum of $ 75,000.80. payable to Beneficiary or order, the
original or a copy of which is annexed hereto as Exhibit "A", and by this reference incorporated herein.
A. To protect the security of this Deed of Trust, Trustor agrees;
1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to
complete or restore promptly and in good and workmanlike manner any building which may be constructed,
damaged or destroyed ftiereon, and to pay when due all claims for labor performed and materials furnished therefor;
to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not
to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to
cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property
may be reasonably necessary to preserve and conserve its value, the specific enumeration herein not excluding the
general.
2. To provide, maintain and deliver to Beneficiary, as named assured, fire insurance policy or policies
satisfactory to and with loss payable to Beneficiary, in an amount not less than: None required. The amount
collected under any fire or other insurance policy on said property may be applied by Beneficiary upon any
indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire
amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or
waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or
powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and
attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear,
and in any action brought by Beneficiary or Trustee to foreclose this Deed of Trust.
4. To pay at least ten days before delinquency all taxes and assessments affecting said property; and to pay
when due all encumbrances, charges and liens on said property or any part thereof which appear to be prior or
superior hereto, and all costs, fees and expenses of this Trust.
5. Should Trustor fail to make any payment or fail to do any act, or should Trustor make any
misrepresentation as to security as herein provided, then Beneficiary or Trustee, but without obligation so to do and
without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or
do the same in such manner and to such extent as either may deem necessary to protect the security hereof,
Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any
action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay,
purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be
prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his
reasonable fees.
6. To pay immediately upon demand, all sums expended by Beneficiary or Trustee pursuant to the provisions
hereof, with interest from date of expenditure at ten percent per annum.
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B, It is mutually agreed that:
1. Any award or damages in connection with any condemnation for public use or injury to said property or
any part thereof, is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received
by him in the same maimer and with the same effect as above provided for disposition of proceeds of fire or other
insurance.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right
either to require prompt payment when due or all other sums secured or to declare default for failure so to pay,
3. At any time or from time to time, without liability therefor and without notice, upon written request of
Beneficiary and without affecting the personal liability of any person for payment of the indebtedness secured
hereby, Trustee may: release or discharge the lien of this Deed of Trust on all or any part of said property; consent
to the making of any map or plat thereof; join with Trustor in granting any easement thereon; or join in any
extension agreement or any agreement subordinating the lien of charge hereof.
4. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon
surrender of this Deed of Trust and said Promissory Note to Trustee for cancellation and retention, and upon
payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in any
reconveyance executed under this Deed of Trust of any matters of facts shall be conclusive proof of the truthfulness
thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto".
5. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and
authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving
unto Trustor the right, prior to any default in payment of any indebtedness secured hereby or in performance of any
agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any
such default, Beneficiary may at any time without notice, either in person or by agent or by a receiver to be
appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter
upon and take possession of said property or any part thereof, and in his own name sue for or otherwise collect such
rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of
operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby ,and in such
order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of
such rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice
of default hereunder or invalidate any act done pursuant to such notice.
6. Upon written request therefor by the Beneficiary specifying the nature of the default or the nature of the
several defaults, and the amount or amounts due and owing, the Trustee shall execute a written notice of default and
of its election to cause to be sold the herein described property to satisfy the obligation hereof, and shall cause such
notice to be recorded in the office of the recorder of each recording district wherein said real property or some part
thereof is situated.
Notice of sale having been given as then required by law and not less than the time required by law having
elapsed after recordation of such notice of default, Trustee, without demand on Trustor, shall sell said property at die
time and place of sale fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it
may determine, at public auction to the highest and best bidder for cash in lawful money of the United States,
payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at
such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the
time fixed by the preceding postponement. Trustee shall deliver to the purchaser its deed conveying the property so
sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts
shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, as
defined hereunder, may purchase at such sale.
7. After deducting all costs, fees and expenses of Trustee and of this Tmst, including cost of evidence of title
and reasonable counsel fees in connection with such sale, Trustee shall apply the proceeds of sale to payment of; all
sums expended under the terms hereof, not then repaid, with accrued interest at ten percent per annum; all other
sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
S, Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public
record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed
of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by
Trustee.
9. Beneficiary may, from time to time, as provided by statute, appoint another trustee in the place and stead of
the Trustee herein named, and thereupon the Trustee herein named shall be discharged and the trustee so appointed
shall be substituted as Trustee hereunder with the same effect as if originally named as Trustee herein.
€. To Induce the acceptance of this Trust by Trustee and Beneficiary, Trustor covenants that Trustor is seised
with fee title to said property and has the legal right to execute this Deed of Trust and to alienate said property; and
Trustor warrants, covenants and represents that said property is free and clear of any liens or encumbrances arising
by, through or under the Trustor,
1), Trustor requests that 8 copy of any Notice of Default and of any Notice of Sale be mailed to Trustor at
Trustor's address hereinabove set forth, ,
IN WITNESS WHEREOF, the Trustor has executed this Deed of Trust.
HC PROPERTIES, LLC - Trustor
By Uivy'v<£4-»~t-ft-
William J. Boople - Sole Member
-2-
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STATE OF ALASKA )
)
FOURTH JUDICIAL DISTRICT ) »
The foregoing Deed of Trust was acknowledged before me on this /S~ day of May,
2009, by WILLIAM J. HOOPLE. as the sole member of HC PROPERTIES. LLC, an Alaska
limited liability company..
g
Alaclfft * '¦
, r i'rt, Nolarj^ublic in and for Alaska
. My commission expires My 7,2011.
:: UJ % - |'i ,-y-H
0 F V''
Eugene R. BcIIund
Attoraey-at-Law
709 Fifth Avenue
Fairbanks, AK 99701
(907)456-5444
-3-
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PROMISSORY NOTE
FOR VALUE RECEIVED, receipt of which is hereby acknowledged,
the undersigned Payor hereby promises to pay to the order of the ROGER G,
McPEAK. the Payee herein, at his address of P.O. Box 58076, Fairbanks, Alaska
99711, or at such other address as from time to time directed thereby, in lawful
money of the United States of America, the sum of SEVENTY -FIVE
THOUSAND DOLLARS ($75,000.00). together with interest on the unpaid
balance thereof from time to time remaining, computed from and after May 15,
2009 at the rate of Six and Three-fourths Percent (6.75%) per annum, due and
payable in annual installments of TWENTY-EIGHT THOUSAND FOUR
HUNDRED FORTY-RIGIIT and 43/100 DOLLARS rS28.448.43). including
accrued interest, commencing to be paid on the 15th day of of December, 2009,
and continuing to be paid on the same day of each ensuing year thereafter until the
entire said principal sum, and accrued interest thereon, has been paid in full.
The undersigned Payor reserves the right of prepayment, without penalty, of any
and all sums falling due hereunder. In the event of partial prepayment of this obligation, the
same shall be credited towards the fulfillment of those payments next required hereunder.
Payment proceeds shall be applied first to the satisfaction of accrued interest to the actual date of
such payment, with the overplus to be applied in reduction of outstanding principal.
In the event that any payment falling due hereunder be not paid within thirty (30)
days after the due date thereof, the holder hereof may, at any time while such delinquency
continues, declare the entire unpaid balance of this obligation immediately due and owing.
The due payment of this Promissory Note is secured by a purchase-money Deed
of Trust, of even date herewith, from the undersigned Payor, as trustor, to the within Payee, as
beneficiary, upon certain real estate described as
In the event the undersigned Payor shall hereafter sell or convey its interest in the
aforesaid property to any third party without the written consent of the holder hereof first had
and obtained, said holder may at any time thereafter declare the entire unpaid balance of the
within Promissory Note immediately due and owing.
The Payor acknowledges receipt of a copy of Alaska Statute 34.20,160; and in
furtherance thereof do hereby acknowledge that the Payors are personally obligated and fully
liable, jointly and severally, for the due payment of this Promissory Note; and the Payors do
hereby consent and agree that in the event of default in the payment of this Promissory Note the
holder hereof has the right to sue on this note and obtain a personal judgment against the Payors
for the amount then due under this note, either before or after a judicial foreclosure of the
aforesaid Deed of Trust under Alaska Statutes 09.45.170 thru 09,45.220.
fL
DATED this /> day of May, 2009.
HC PROPERTIES, LLC - Payor
By i/w -
William J. lloople - Sole Member
Return to:
Kugene K. Beitand
Attomey-at-Law
709 Fifth Avenue
Fairbanks, AK 99701
(907)456-5444
Exhibit "A"
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A
t
A
S
K
A
2004-024000-0
Recording Dist: 401 - Fairbanks
10/22/2004 12:24 PM Pages: 1 of 7
Conservation Easement
Fairbanks Recording District
Parcel 1
Please record this document
Grantor: Carl Pederson
Grantee: State of Alaska, Department of Natural Resources, Division of Mining Land &
Water, Realty Services Section,
Legal:
That part of the Northwest Quarter (NW '/i) of the Southwest Quarter (SW
%) of Section Twenty-One (21), Township One (1) South, Range One (1)
East, Fairbanks Meridian (parcel I) and within the Northeast Quarter (NE
%) of the Southwest Quarter (SW !4) of Section Twenty-One (21),
Township One (1) South, Range One (1) East, Fairbanks Meridian
(Western 100 Feet Strip), as described in the Deed in Lieu of Foreclosure,
Book 501, Page 478, recorded on October 16,1986, Fairbanks Recording
District,
AFTER RECORDING PLEASE RETURN TO:
State of Alaska
Department of Natural Resources
Division of Mining Land & Water
Realty Services Section
550 W 7th Ave. Suite 1050a t
Anchorage AK 99502
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CONSERVATION EASEMENT
Fairbanks Recording District
This -Conservation Easement is made this ^ day of October,
2003 by Carl Pederson, P.O. Box 1229, Fairbanks,' Alaska, ("Grantor")
and the State of Alaska, Department of Natural Resources, Division of
Mining, Land and Mater, Realty Services Section, 550 West 701 Ave,,
Ste.1050, Anchorage AK 99501-3579)("State" or "Grantee"), to convey an
interest in the property described below. This Conservation Easement
is authorized under the Uniform Conservation Easement Act, Alaska
Statute 34.17,010 - 34,17.060, and under common law.
RECITALS:
1. Grantor is the owner in fee simple of the tract or parcel of land
("Property") situated within the Northwest 1/4 of the Southwest 1/4 of
Section Twenty-one, Township One South, Range One East, Fairbanks
Meridian (Parcel I) and within the Northeast Quarter of the Southwest
Quarter of Section Twenty-One, Township One South, Range One jjast,
Fairbanks Meridian (Western 100 Feet Strip), as described in the Deed
in Lieu of Foreclosure, Book 501, Page 478, recorded on October 16,
1986, Fairbanks Recording District.
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated biphenyls
(PCBs). There is an old military landfill on the property. The
Property is listed on the United States Environmental Protection
Agency'3 (EPA1s) National Priorities List as the Arctic Surplus
Superfund Site. EPA has issued a 1995 Record of Decision (ROD) and
2003 Explanation of Significant Differences (BSD) for environmental
cleanup of the Property.
3. Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwater. The cleanup was
based on industrial and commercial land use only. A cover system was
placed over the landfill. Because of remaining levels of lead and PCB
contamination and a low risk that ordnance and explosive waste remain
on the Property, residential use is not allowed. Institutional
controls are required in order to provide long-term maintenance,
sampling and repair of the remedy, to restrict land use that could
damage the remedy or cause human exposure to contaminants, and to
inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act and common law, to grant, the easement to the
State and a third party right of enforcement (including access) to the
United States in order to protect and maintain the cleanup remedy, to
protect natural resources, water quality and the environment, and to
protect human health and safety.
The United States, through the Environmental Protection Agency, under
its third party right bf enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
activities contained in this easement. Nothing herein limits the
State's authority to enforce this Conservation Easement,
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2004-024000-0
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PROHIBITED ACTIVITIES:
5. Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities are prohibited:
a. Damaging or interfering with the cleanup remedy over the landfill
area, including digging, drilling, or use that might penetrate, damage
or interfere with the landfill cover system, the fence, or drainage
systems, and any activity exceeding the operating limitations described
in the attached operation and maintenance requirements for the landfill
cover system.
b. Damaging or interfering with groundwater monitoring wells or other
structures or systems designed to monitor groundwater contamination.
c. Placing wells and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. This prohibition does not
apply to wells used to monitor contamination.,
d. Digging or moving soil that creates additional exposure to
contaminants or an environmental or health and safety risk, and
transporting soil off-site., unless approved in writing. This does not
prohibit using the Property for commercial or industrial purposes
consistent, with the attached operation and maintenance requirements Sof
the landfill cover system.
e. Residential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. Except for deep-rooted plants, plantings for erosion control
and non-consumable plantings outside the restricted landfill area are
allowed. These limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, or unless
approved in writing.
f. Attached signs will be posted on 4 sides on soil containment cell
fence.
WARNING
DO NOT DISTURB OR DIG IN FENCED AREA
TREATED HAZARDOUS WASTE SOIL
PRESENT BELOW ASPHALT
For Information Contact State of Alaska
Department Of Environmental Conservation
{907) 451-2360
or
United States Environmental Protection Agency
1-800-424-4272
Sign dimensions 24"x24"
Capital Letters 2"
All other letters and numbers 1"
White background with Red letters
Hill
3 of 7
2004-024000-0
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REQUIRED ACTIVITIES:
6. Unless otherwise specifically authorized in writing by EPA, the
following listed activities are required;
a. Giving notice to EPA within a reasonable time that restricted
activities have occurred or are occurring.
b. Notifying local authorities (Fairbanks North Star Borough,
Department of Emergency Operations (907)459-1481 or Alaska State
Troopers (907) 451-5100) if ordnance-related material is discovered.
c. Including the following language in any Instrument conveying an
interest in the Property;
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS ON
, IN BOOK , PAGE , IN FAVOR OF THE STATE OF
ALASKA, AND WITH A THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE
UfJITED STATES AND ITS AUTHORIZED REPRESENTATIVES.
d. Granting access during reasonable hours (or if there is an
emergency or incident that could damage the cleanup remedy) to
authorized representatives of the State and the Onited States. This
right of entry is granted for the following purposes: maintaining the
landfill cover system remedy; monitoring, maintaining and repairing
wells and the soil remedy? responding to reports of ordnance and
explosive waste; and investigating violations and enforcement of the
restrictions listed above.
GENERAL PROVISIONS:
7. This Conservation Easement is for the benefit of the Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the Onited States.
8, This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given that
covers or describes the Property or any part of the Property. By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest {and each of their
heirs, successors, transferees or assignees) agrees with Grantor and
each other to be bound by the provisions of this Conservation Easement.
9, This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantor, and his heirs, successors, and assigns.
Following EPA's written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantor hereby covenants that he is lawfully seized of the
Property, in fee simple, has good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
lllllii
4 of 7
2004-024000-0
-------
11. This Conservation Basement shall be interpreted and governed by
the laws of the State of Alaska, Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation Easement,
EPA shall consult, with- the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues.
14. Required notices shall be in writing and be shall hand carried or
sent by first class mail (unless otherwise agreed by the Parties) to
the following addresses;
To Grantor: To Grantee:
Carl Pederson Dept. of Natural Resources
P.O. Box 1229 Div, of Mining, Land & Water
Fairbanks, AK 99709 Realty Services Section
550 W.7th Ave., Ste. 1050
Anchorage, AK 99501-3579
To the United States;
Director, Office of Environmental Cleanup
United States Environmental Protection Agency
Region 10
1200 Sixth Avenue
Seattle, MA 98101
In addition, the owner of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified with
return receipt) to all persons, if any, holding a financial interest in
the Property.
IN WITNESS THEREOF Grantor and Grantee have set their hand on
this day of
SIGNATURE: ^
Grantor
GRANTOR*"S ACKNOWLEDGMENT: (notary)
STATE Of ALASKA
mmmue
CRYSTAL HAMA*
Pursuant to AS
ACCEPTANCE
05.035 (a) (12), the State of Alaska hereby
accepts this CONSERVATION EASEMENT conveying to the State of Alaska,
5 of 7
2004-024000-0
-------
its successors in administrative function and assigns, the interest in
the Property described herein.
State of Alaska, Department of Natural Resources
Realty Services Section/State Selections
550 West 7th Avenue, Suite 1050 A
Anchorage, AK 99501-3579
INiiliilllllH
6 of 7
2004-024000-0
-------
09/30/2003 14:11 2699515069
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DRMS
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bofl«rsn1n'<5.
7 of 7
2004-024000-0
-------
M2004-023885-0
Recording Dlst; 401 - Fairbanks
A 10/21/2004 11:23 AM Pages; 1 of 6
A
Conservation Easement
Fairbanks Recording District
Parcel IV
Please record this document
Grantor: Roger McPeak
Grantee: State of Alaska, Department of Natural Resources, Division of Mining Land &
Water, Realty Services Section.
Legal;
The part of the East One Half (El/2) of the Southwest Quarter (SW1/4) of
Section Twenty-One (21), Township One (1) South, Range One (1) Bast,
Fairbanks Meridian, more fully described in the Warranty Deed dated
January 14,1977, from Clotilda Hilbish, Shirley Ann Legarza, and Ronald
Gene Hilbish, Grantors, to Roger Mc Peak, Grantee, recorded February 2,
1977, in Book 62, Page 859, Fairbanks Recording District. (Tax Lot
2111),
AFTER RECORDING PLEASE RETURN TO:
State of Alaska
Department of Natural Resources
Division of Mining Land & Water
Realty Services Section
550 W 7th Ave. Suite 1050a
Anchorage AJK 99502
-------
CONSERVATION SASEMECT:
Fairbanks Recording District
This Conservation Easement is made this 'f day of October,
2003 by Roger MdPeak, P.O. Box 58076, Fairbanks, Alaska 99711
("Grantor"), and the State of Alaska, Department of Natural Resources,
Division of Mining, Land and Water, Realty Services Section, 550 West
7'-" Awe., Ste. 1050, Anchorage AK 99501-3579} {"State" or "Grantee'*), to
convey an interest in the property described below. This Conservation
Easement is authorized under the Uniform Conservation Easement act,
Alaska Statute 34.17,010 - 34,17.060, and under common law,
RECITALS;
1. Grantor is the owner in fee simple of the tract or parcel of land
(hereinafter "the Property"} situated within:
That part of the East One Half (E 1/25 of the Southwest
Quarter (S3 1/4) of Section Twenty-One (21), Township One
(1) South, Range One (1) East, Fairbanks Meridian, more
fully described in the Warranty Deed dated January 14,
1977," from Clotilda Hilbish, Shirley ton legarza, and
Ronald Gena Hilbish, Grantors, to Roger McPeak, Grantee,
recorded February 2, 1977, in Book 62, Page 859, Fairbanks
Recording District (Tax Lot 2111),
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated biphenyls
(PCBs). The Property is listed on the United States Environmental
Protection Agency's (SPA's) National Priorities list as the Arctic
Surplus Superfund Site. EPA has issued a 1995 Record of Decision (ROD)
and 2003 Explanation of Significant Differences (ESD) for environmental
cleanup of the Property,
3. Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwater. The cleanup was
based on industrial and commercial land use only. Because of remaining
levels of lead and FCB contamination and & low risk that ordnance and
explosive waste remain on the Property, residential use is not allowed.
Institutional controls are required in order to provide long-term
maintenance, sampling and repair of the remedy, to restrict land use
that could damage the remedy or cause human exposure to contaminants,
and to inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act and common law, to grant the easement to the
State and a third party right of enforcement (including access) to the
Onited States in order to protect and maintain the cleanup remedy, to
protect natural resources, water quality and the environment, and to
protect human health and safety.
The United States, through the Environmental Protection Agency, under
its third; party right of enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
2 of 6
2004-023886-0
' "v'
-------
activities contained in this easement. Nothing herein limits the
State's authority to enforce this Conservation Easement.
PROHIBITED ACTIVITIES:
5. Unless otherwise specifically authorised in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities are prohibited:
a. Damaging or interfering with groundwater monitoring wella or other
structures or systems designed to monitor groundwater contamination.
b. Placing wells and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. This prohibition does not
apply to wells used to monitor contamination.
c. Transporting soil off-site, unless approved in writing. This does
not prohibit using the Property for commercial or industrial purposes
that do not cause a risk of exposure to contaminants or a health and
safety risk,
d. Residential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. These limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, or unless
approved in writing.
REQUIRED ACTIVITIES:
6. Unless otherwise specifically authorized in writing by EPA, the
following listed activities are required:
a. Giving notice to WBR within a reasonable time that restricted
activities have occurred or are occurring.
b. Notifying local authorities (Fairbanks North Star Borough,
Department of Emergency Operations (907)459-1481 or Alaska State
Troopers (907} 4S1-5100) if ordnance-related material is discovered.
c. Including the following language in any Instrument conveying an
interest in the Property:
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS ON (date) ,
IB BOOK , PAGE , IN FAVOR OF THE STATE OF ALASKA, AND WITH A
THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE UNITED STATES AND ITS
AUTHORIZED REPRESENTATIVES.
d. Granting access during reasonable hours (or if there is an
emergency or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States. This
right of entry is granted for the following purposes: monitoring,
maintaining and repairing wells and the soil remedy; responding to
reports of ordnance and explosive waste; and investigating violations
and enforcement of the restrictions listed above,
GSHSFAX. PROVISIONS:
3 of 6
2004-023886-0
-------
7. This Conservation Easement is for the benefit of the Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States.
8. This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given that
covers or describes the Property or any part of the Property. 3y
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property Interest (and each of their
heirs, successors, transferees or assignees) agrees with Grantors and
each other to be bound by the provisions of this Conservation Easement,
9. This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantor, and his heirs, successors, and assigns.
Following EEft's written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantor hereby covenants that he is lawfully seized of the
Property, in fee simple, has good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
11. This Conservation Easement shall be interpreted and governed by
the laws of the State of Alaska.. Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation Easement,
EPA shall consult with the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues.
14. Required notices shall be in writing and be shall hand carried or
gent by first class mail (unless otherwise agreed by the Parties) to
the following addresses:
To Grantors;
Roger McPeak
P.O. Box 58076
Fairbanks, AK 99709
To Srantee;
Dept. of Natural Resources
Div. of Mining, land E Water
Realty Services Section
' 55C) w.7«> five., Ste, 1050
Anchorage, AK 99501-3579
To the United States:
Director, Office of Environmental Cleanup
United States Environmental Protection Agency
Region 10
4 of $
2004-0238864
-------
1200 Sixth Avenue
Seattle, m 98101
In addition, the owner of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified with
return receipt) to all persons, if any, holding a financial interest in
the Property.
WITNESS THEREOF Grantor and Grantee have set their hand on
this day of PYjkkyr , 2003.
tmQJ- .
SIGNATURE:
Grantor
GRANTOR'S ACKNOWLEDGMENT: (notary) \/ , CtW.-,
V,
NOTARY PUBUC
Veronica L. Garrison
STATE OF ALASKA ,
MyComnunnonBsprasT'lHl uy
ACCEPTANCE
Pursuant to AS 38,05,035 (a) (12), the State of Alaska hereby
accepts this CONSERVATION EASEMENT conveying to the State of Alaska,
its successors in administrative function and assigns, the interest in
the Property described herein.
Dated;
4 hrfoj
STATE
Department
Division of
sand & Hater.
Ill
5 of 6
2004-023886-0
-------
AFIER HECOHDINS RETORM TO:
State of Alaska, Department of Natural Resources
Realty Services Section/State Selections
550 West 7th Avenue, Suite 1050 A
Anchorage, AK 99501-3579
iOf 6
2004-023886-0
-------
¦. 2OO4-023884-O
Aiel- AT\4 i._
Recording Dist: 401 - Fairbanks
in/91/annA ¦ho-jim o oa. Df g
IHWHHillliail
Conservation Easement
Fairbanks Recording District
Parcel Illb
Please record, this document
Grantor: Rodger McPeak and Betty McPeak
Grantee: State of Alaska, Department of Natural Resources, Division of Mining Land &
Water, Realty Services Section.
That part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW
1/4) of Section Twenty-One (21), Township One (1) South, Range One (1)
East, Fairbanks Meridian, mote Mly described raider Parcel HI in the
Warranty Deed dated August 24,1976, from Carl Pederson and Mabel
Pederson, Grantors, to Rodger G. McPeak and Betty McPeak, Grantees,
recorded October 8,1976 in Book 53, Page 891, Fairbanks Recording
District (Parcel IE). (Tax Lot 2113.)
AFTER RECORDING PLEASE RETURN TO:
State of Alaska
Department of Natural Resources
Division of Mining Land & Water
Realty Services Section
550 W 7lh Ave. Smite 1050a
Anchorage AK 99502
Legal:
-------
CONSERVATION EASEMENT
Fairbanks Recording District
This Conservation Easement is made this 7 day of October,
2003 by Roger McPeak and Betty MePeak, P.O. Box 58076, Fairbanks,
Alaska 99111 ("Grantors") , and the State of Alaska, Department of
Natural Resources, Division of Mining, Land and Water, Realty Services
Section, 550 West 7bh Ave., Ste.1050, Anchorage RK 99501-3579 ("State"
or "Grantee"), to convey an interest in the property described below.
This Conservation Easement is authorized tinder the Uniform Conservation
Easement Aet, Alaska Statute 34,17.010 - 34.17.060, and under common
law.
RECITALS;
1. Grantors are the owner in fee simple of the tract or parcel of
land (hereinafter "the Property") situated within;
That part of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of Section Twenty-One {21),
Township One (1) South, Range One SI) East, Fairbanks
Meridian, more fully described under Parcel III in the
Warranty Deed dated August 24, 1976, from Carl Pederson and
Mabel Pederson, Grantors, to Roger G. McPeak and Betty
McPeak, Grantees, recorded October 8, 1976 in Book 53, Page
891, Fairbanks Recording District (Parcel III). (Tax lot
2113,5
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated blphenyls
(FCBs). The Property is listed on the United States Environmental
Protection Agency's JEPfi's) National Priorities List as the Arctic
Surplus Superfund Site. EPA has issued a 1995 Record of Decision (ROD)
and 2003 Explanation of Significant Differences (ESD) for environmental
cleanup of the Property.
3. Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwater. The cleanup was
based on industrial and commercial land use only. Because of remaining
levels of lead and PCfl contamination and a low risk that ordnance and
explosive waste remain on the Property, residential use is not allowed.
Institutional controls are required in order to provide long-term
maintenance, sampling and repair of the remedy, to restrict land use
that could damage the remedy or cause human exposure to contaminants,
and to inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act and common law, to grant the easement to the
State and a third party right of enforcement (including access) to the
United States in order to protect and maintain the cleanup remedy, to
IlIIIIIl
2 of S
2004-023884-0
-------
protect natural resources, water quality and the environment, and to
protect human health and safety,.
The United States, through the Environmental Protection Agency, under
its third party right of enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
activities contained in this easement. Nothing hare .in limits the
State's authority to enforce this Conservation Easement.
PROHIBITED ACTIVITIES:
5, Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities axe prohibited:
a. Damaging or interfering with groundwater monitoring wells or other
structures or aystsms designed to monitor groundwater contamination.
b. Placing wells and using groundwater for drinking water, dewataring,
or other uses, unless approved in writing. These prohibitions do not
apply to wells used to monitor contamination,
c. Transporting soil off-site, unless approved in writing. This does
not prohibit using the Property for commercial or industrial purposes
that do not cause a risk; of exposure to contaminants or a health and
safety ri3k.
d. Residential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. These limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, ox unless
approved in writing.
REQUIRED ACTIVITIES:
6. Unless otherwise specifically authorized in writing by EPA, the
following listed activities are required:
a. Giving notice to EPA within a reasonable time that restricted
activities have occurred or are occurring,
b. notifying local authorities (Fairbanks Morth Star Borough,
Department of Emergency Operations (907) 459-1481 or Alaska State
Troopers (907) 451-51003 if ordnance-related material is discovered.
c.¦ Including the following language in any Instrument conveying an
interest in the Property;
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS OK (date),
IH BOOK , PAGE , IN FAVOR OP THE STATE OF ALASKA, AND WITH A
THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE UNITED STATES AND ITS
AUTHORIZED REPRESENTATIVES,
d. Granting access during reasonable hours (or if there is an
emergency' or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States, This
3 of S
2004-023884-0
-------
right of entry la'granted for the following purposes: monitoring,
maintaining and repairing wells and the soil remedy; responding to
reports of ordnance and explosive waste; and investigating violations
and enforcement of the restrictions listed above.
GEKERAL PROVISIONS:
7, This Conservation Easement is for the benefit of the Grantee and
conveys to the State, acting through its- agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States.
B. This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given that
covers or describes the Property or any part of the Property. By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest (and each of their
hairs, successors, transferees or assignees) agrees with Grantors and
each other to be bound by the provisions of this Conservation Easement.
9. This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantors, and their heirs, succeasora, and assigns.
Following EFA's written notification that the provisions herein are no
longer required by SPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantors hereby covenant that they are lawfully seized of the
Property, in fee simple, have good and lawful right and power to convey
the same, and will warrant and defend the.Conservation Easement.
11. This Conservation Easement shall be interpreted and governed by
the laws of the State of Alaska, Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation Easement,
EPR shall consult with the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues,
14. Required notices shall be in writing and be shall hand carried or
sent by first class mail (unless otherwise agreed by the Parties) to
the following addresses;
To Grantors: To Grantee:
2004-023884-0
-------
Roger McPeak
Betty McPeak
P.O. Box 58076
Fairbanks, AS 99709
Dept. of Natural Resources
Dir. of Mining, Land & Water
Realty Services Section
550 W.7tn Ave., Ste . 1050
Anchorage, KK 99501-3519
To the United States:
Director, Office of Environmental Cleanup
United States Environmental Protection Agency
Region 10
1200 Sixth Avenue
Seattle, WA 98101
In addition, the owners of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified with
return receipt) to all persons, if any, holding a financial interest in
the Property.
IN. WITNESS THEREOF Grantors and Grantee have get their hand on
this day of {Qckk&r , 2003.
SIGNATURE
SIGNATURE:
GRANTOR'S ACKNOWLEDGMENT
notary public
Veionica L. damson.
JLAjo-V~*- cZ
-------
H2004-023883-0
Recording Dist: 401 - Fairbanks
a 10/21/2004 11:23 AM Pages: 1 of 5
¦ llliSllMIIIlIiiiiHli*!®11
A
Conservation Easement
Fairbanks Recording District
Parcel EQa
Please record this document
Grantor; Rodger McPeak and Betty McPeak
Grantee: State of Alaska, Department of Natural Resources, Division of Mining Land &
Water, Realty Services Section.
Legal:
That part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW
1/4) of Section Twenty-One (21), Township One (1) South, Range One (!)
East, Fairbanks Meridian, more fully described under Parcel I in the
Warranty Deed dated August 24,1976, from Carl Pederson and Mabel
Pcderson, Grantors, to Rodger G. McPeak and Betty McPeak, Grantees,
recorded October 8,1976 in Book 53, Page 891, Fairbanks Recording
District (Parcel I). (Tax Lot 2112)
AFTER RECORDING PLEASE RETURN TO:
State of Alaska
Department of Natural Resources
Division of Mining Land & Water
Realty Services Section
550 W 7th Ave. Suite 1050a
Anchorage AK 99502
-------
cmsssmssiow basemeni
Fairbanks Recording District
This Conservation Easement is made this I day of October,
2003 by Roger HcPnak and Betty McPeak, P.O. Box 5B076, Fairbanks,
Alaska 99711 ("Grantors") , and the State of Alaska, Department of
Satural Resources, Division of Mining, Land and Water, Realty Services
Section, 550 West 7th Ave,, Ste.1050, Anchorage AK 99501-3579)("State"
or "Grantee"), to convey an interest in the property described below.
This Conservation Easement is authorized under the Uniform Conservation
Easement Act, Alaska Statute 34,17,010 - 34.17,060, and under common
law.
RECITALS:
1. Grantors are the owner in fee simple of the tract or parcel of
land (hereinafter "the Property"! situated within:
That part of the Northeast Quarter (NE 1/1) of the
Southwest Quarter (SW 1/4) of Section Twenty-One (21),
Township One (1) South, Range One (1) East, Fairbanks
Meridian, more fully described under Parcel X in the
Warranty Dead dated August 24, 1976, from Carl Pederson and
Mabel Pederson, Grantors, to Soger G, McPeak and Betty
Mc.PeaV, Grantees, recorded October 8, 1976 in Book 53, Page
891, Pairbanks Recording District (Parcel I). {Tax lot
2112.)
2. Past use of the Property caused groundwater and soil contamination
from hazardous substances, including lead and polychlorinated biphenyls
(PCBs). The Property is listed on the United States Environmental
Protection agency's (EPA's) National Priorities List as the Arctic
Surplus Superfund Site. ERA has issued a 1995 Record of Decision (ROD)
and 2003 Explanation of Significant Differences (ESD) for environmental
cleanup of the Property.
3- Cleanup activities were conducted to prevent exposure to and
migration of contaminants in the soil and groundwatar. The cleanup was
based on industrial and commercial land use only. Because of remaining
levels of lead and PCB contamination and a low risk that ordnance and
explosive waste remain on the Property, residential use is not allowed.
Institutional controls are required in order to provide long-term
maintenance, sampling and repair of the remedy, to restrict land use
that could damage the remedy or causa human exposure to contaminants,
and to inform future owners of the cleanup remedy and restrictions.
4. The purpose of this easement is to place institutional controls on
the Property through a Conservation Easement under the Uniform
Conservation Easement Act arid common law, to grant the easement to the
State and a third party right of enforcement (including access) to the
United States in order to protect and maintain the cleanup remedy, to
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2004-023883-0
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protect natural resources, water quality and the environment, and to
protect human health and safety.
The United States, through the Environmental Protection Agency, under
Its third party right of enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
activities contained in this easement. "Nothing herein limits the
State's authority to enforce this Conservation Easement.
PROHIBITED ACTIVITIES;
5. Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities are prohibited:
a. Damaging or interfering with groundwater monitoring wells or other
structures or systems designed to monitor groundwater contamination.
b. Placing wells and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. This prohibition does not
apply to wells used to monitor contamination.
c. Transporting soil off-site, unless approved in writing. This does
not prohibit using the Property for commercial or industrial purposes
that do not cause a risk of exposure to contaminants or a health and
safety risk.
d. Residential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. These limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, or unless
approved in writing.
REQUIRED ACTIVITIES:
6, Unless otherwise specifically authorized in writing by EPA, the
following listed activities are required;
a. Giving notice to SPA within a reasonable time that restricted
activities have occurred or are occurring.
b. Notifying local authorities {Fairbanks North Star Borough,
Department of Emergency Operations {907)459-1481 or Alaska State
Troopers (907) 451-5100) if ordnance-related material is discovered.
c. Including the following language in any Instrument conveying an
interest in the Property;
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS ON (date),
IS- BOOK , PAGE , IN FAVOR OF THE STATE OP ALASKA, AND WITH A
THIRD-PARTY RIGHT OF ENFORCEMENT GRANTED TO THE UNITED STATES AND ITS
AUTHORIZED REPRESENTATIVES.
d. ©ranting access during reasonable hours (or if there is an
emergency1 or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States, This
llilllllllll
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right of entry is granted for the following purposes: monitoring,
maintaining and repairing wells and the soil remedy; responding to
reports of ordnance and explosive waste; and investigating 'violations
and enforcement of the restrictions listed above.
GENERAL PROVISIONS:
7. This Conservation Easement is for the benefit of the Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States,
8. This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given'that
covers or describes the Property or any part of the Property. By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest (and each of their
heirs, successors, transferees or assignees) agrees with Grantors and
each other to be bound by the provisions of this Conservation Easement.
9. This Conservation Easement shall run with the land In perpetuity
and is binding upon Grantors, and their heirs, successors, and assigns.
Following EPA's written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantors hereby covenant that they are lawfully seized of the
Property, in fee simple, have good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
11. This Conservation Easement shall be interpreted and governed, by
the laws o£ the State of Alaska, toy ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or
application.
12. These provisions shall riot be waived due to non-enforcement,
violation, or breach of any provision.
13. Prior to granting any approvals under the Conservation, Easement,
SPA shall consult with the Alaska Department of Environmental
Conservation to ensure compliance with applicable state statues.
14. Required notices shall be in writing and be shall hand carried or
sent by first class mail (unless otherwise agreed by the Parties) to
the following addresses:
To Grantors: To Grantee;
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2004-023883-0
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Roger McPsak
Betty McPeak
P.O. Box 58076
Fairbanks, AK 99709
Dept. of Natural Resources
Div. of Mining, Land 6 Water
Realty Services Section
5S0 W.7tH Ave., Ste. 1050
Anchorage, AK 99501-3579
To the United Statea;
Director, Office of Environmental Cleanup
United States Environmental Protection Agency
Region 10
1200 Sixth Avenue
Seattle, WA 98101
In addition, the owners of the Property shall serve a copy of this
Instrument either personally or by first class mail (certified with
return-receipt) to all persons, if any, holding a financial interest in
the Property.
IN WITNESS THEREOF Grantors and Grantee have set their hand! on
this 3 day of GOktfolf , 2003.
SIGNATURE;
SIGNATURE:
7v},n_
Ggantoy
GRANTOR'S ACKNOWLEDGMENT;
NOTARY PUBLIC
Veronica L. Gairiton
(notary)N\vAA-©YU-ci, (j\
OCTV
STATE OiF ALASKA
ACCEPTANCE
Pursuant to RS 36.05.035(a)(125, the State of Alaska hereby
accepts this CONSERVATION EASEMENT conveying to the State of Alaska,
ita successors in administrative function and assigns, the interest in
the Property described herein.
Dated:
lumf
STATE
Department
AFTER RECORDING SESDHH TO J
:or//DiviSion of
Mining,/&and & Water.
State of Alaska, Department of Natural Resources
Realty Services Section/State Selections
550 West 7th Avenue, Suite 1050 A
Anchorage, AK 99501-3579 "j||fjj
' 5 of 5
2004-023883-0
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is
A
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A
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A
2004-023882-0
Recording Dlst: 401 - Fairbanks
10/21/2004 11:23 AM Pages; 1 of 6
Conservation Easement
Fairbanks Recording District
Parcel E
Please record this document
Grantor: Roger McPeak
Grantee: State of Alaska, Department of Natural Resources, Division of Mining Land &
Water, Realty Services Section.
Legal:
The part of the Northeast Quarter (NE !4) of the Southwest Quarter (SW
1/4) of Section Twenty-One (21), Township One (1) South, Range One (1)
East, Fairbanks Meridian, more felly described in the Warranty Deed
dated January 15,1979, from Carl Pederson, Grantor, to Roger G.
McPeak, Grantee, recorded January 19,1979 in Book 135, Page 919,
Fairbanks Recording District (Tax Lot 2131).
AFTER RECORDING PLEASE RETURN TO:
State of Alaska
Department of Natural Resources
Division of Mining Land & Water
Realty Services Section
550 W 7^ Ave. Suite 1050a
Anchorage AK 99502
-------
COHSERmglOH JjASBMHSHf
Fairbanks Recording District
This Conservation Easement is mads this day of October,
2003 by Roger McPeak, P.O. Box 58076, Fairbanks, Alaska 99711
{"Grantor"), and the State of Alaska, Department of Natural Resources,
Division of Mining, Land and Water, Realty Services Section," 550 West
7th Ave,, Sta.1050, Anchorage AK 99501-3579)("State" or "Grantee"), to
convey an interest in the property described below. This Conservation
Easement is authorized under the Uniform Conservation Basement Act,
Alaska Statute 34,17.010 - 34,17.050, and under common law,
RECITALS;
1. Grantor is the owner in fee simple of the tract or parcel of land
(hereinafter "the Property") situated within;
That part of the Northeast Quarter (NE 1/4) of the
Southwest Quarter
-------
The United States, through the Environmental Protection Agency, under
its third party right of enforcement will be responsible for oversight
of the remedy including enforcement of the prohibited and required
activities contained ill this easement. Nothing herein limits the
State's authority to enforce this Conservation Easement.
PROHIBITED ACTIVITIES:
5. Unless otherwise specifically authorized in writing by the United
States, through the Environmental Protection Agency (EPA), the
following listed activities are prohibited:
a. Damaging or interfering with groundwater monitoring wells or other
structures or systems designed to monitor groundwater contamination.
b. Placing wells and using groundwater for drinking water, dewatering,
or other uses, unless approved in writing. This prohibition does not
apply to wells used to monitor contamination.
c. Transporting soil off-site, unless approved in writing. This does
not prohibit using the Property for commercial or industrial purposes
that do not cause a risk of exposure to contaminants or a health and
safety risk.
d. Residential or agricultural use or similar uses causing exposure to
contaminants, such as daycare or school facilities, or other residency-
type use. Thesa limitations exist as long as contamination exceeds
levels allowed by State or Federal law for residential use, or unless
approved in writing.
REQUIRED ACTIVITIES:
6, Unless othervfise specifically authorized in writing by EPA, the
following listed activities are required:
a. Giving notice to EPA within a reasonable time that restricted
activities have occurred or are occurring,
b. Notifying local authorities (Fairbanks North Star Borough,
Department of Emergency Operations (907)459-1481 or Alaska State
Troopers (90?) 451-5100) if ordnance-related material is discovered.
c. Including the following language in any Instrument conveying an
interest in the Property;
NOTICE: THE INTEREST CONVEYED HEREBY is SUBJECT TO A CONSERVATION
EASEMENT, DATED , RECORDED IN THE PUBLIC LAND RECORDS ON (date),
IN BOOK , PAGE , IN FAVOR OF THE STATE OF ALASKA, AND WITH A
THIRD-PARTY RIGHT Of ENFORCEMENT GRANTED TO THE UNITED STATES AND ITS
AUTHORIZED REPRESENTATIVES.
d. Granting access during reasonable hours (or if there is an
emergency or incident that could damage the cleanup remedy) to
authorized representatives of the State and the United States. This
right of entry is granted for the following purposes: monitoring,
maintaining and repairing wells and the soil remedy; responding to
3 of 6
2004-023882-0
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reports of ordnance and explosive waste; and investigating violations
and enforcement of tha restrictions listed above.
GENERAL PROVISIONS:
7. This Conservation Easement is for the benefit of tha Grantee and
conveys to the State, acting through its agencies and authorized
representatives, this easement. It also conveys a third party right of
enforcement to the United States.
8. This Conservation Easement shall apply to the real property
described above and to any grant or other property interest given, that
covers or describes tha Property or any part of the Property, By
accepting a grant, lease or any other property interest, each grantee,
lessee, or party accepting a property interest (and each of their
heirs, successors, transferees or assignees) agrees with Grantors and
each other to be bound by the provisions of this Conservation Basement.
9. This Conservation Easement shall run with the land in perpetuity
and is binding upon Grantor, and his heirs, successors, and assigns.
Following Era's written notification that the provisions herein are no
longer required by EPA to protect human health and the environment, the
State may terminate the Conservation Easement by recording a Release of
Conservation Easement.
10. Grantor hereby covenants that he is lawfully seized of the
Property, in fee simple, has good and lawful right and power to convey
the same, and will warrant and defend the Conservation Easement.
11. This Conservation Easement shall be interpreted and governed by
the laws of the State of Alaska, Any ambiguities shall be construed to
accomplish the purpose for which the Conservation Easement was granted.
A determination that any provision or application to any person or
circumstance is invalid shall not affect any other provision or •
application.
12. These provisions shall not be waived due to non-enforcement,
violation, or breach of any provision-
IB. Prior to granting any approvals under the Conservation Easement,
EPA shall consult with the Alaalca Department of Environmental
Conservation to ensure compliance with applicable state statues.
14, Required notices shall be in writing and be shall hand" carried or
sent by first class mall (unless otherwise agreed by the Parties) to
the following addresses:
To Grantors;
Roger McPeak
P.O. Box 58076
Fairbanks, AX 99709
To Grantee:
Dept. of Natural Resources
Div. of Mining, Land S Water
Realty Services Section
550 W.7th Ave., Ste, 1050
Anchorage, AX 99501-3579
4 of 8
2004-023882-0
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To the United States;
Director, Office of Environmental Cleanup
United States Environmental Protection Agency
Region 10
1200 Sixth Avenue
Seattle, WA 98101
In addition, the owner of the Property shall serve a copy of this
Instrument either personally or by first class mail {certified with
return receipt) to all persons, if any, holding a financial interest In
tha Property.
rantee have set their hand on
Pursuant to AS 38.05.035 (a)(12), the State of Alaska hereby
accepts this CONSERVATION EASEMENT conveying to the State of Alaska,
its successors in administrative function and assigns, the interest in
the Property described herein.
GRANTOR'S ACKNOWLEDGMENTt (notary) VXAovw.^
NOTARY PUBLIC
Vensricn L. Garrison.
STAT1QF ALASKA ...
My Commission fapti^|H[0^
ACCEPTANCE
isiiiii
5 of 5
2004-023805-0
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AFEER RECORDING RESUHH fO:
State of Alaska, Department of Natural Resources
Realty Services Section/State Selections
550 West 7th Avenue, Suite 1050 A
Anchorage, AK 99501-3579
lllilllllllill
S Of 8
2Q04-023882-0
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BOOK 501
oi\oi \t- W-P-^oul
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PEED IS LIEU 0? FORECLOSURE ¦
The Grantors, ROGER ' G. Mc PEAK and BETTY He PEAX, • of
Fairbanks, Alaska, for and in consideration of "'Sen and
No/Hundredtfts (510.00) Dollars and other good and sufficient
consideration, in hand paid, convey and warrant to CSB1.
PEBERSOH, whose address 'is 12005 Waller Road East, Tacoaa,
Wasnington 93466, the following described real estate situated
in Che State of Alaska: —
See Annexed Exn ibit A*.
This deed is an absolute conveyance, tne Grantors Having
sold-the described land to tne Grantee for a fair and adequate
consideration, such consideration- in "addition to tuat atxms
recited, being full satisfaction of ail obligations secured by
the deed of trust executed by Roger G. McPeaJc and Betty ScPealc,
as Trustors, to Transaraerica Title Insurance' Company, as
Trustee, and Carl Jfederson and Mabel Pederson, as benefici-
aries, dated August 24, 1976, and recorded October 8, .1976, as
Instrument Ho. 76-183S2 in "Volume <*>'
executed tne within and foregoing Deed in I.ieu ot-^Ec'ire'cicsiir-e,."
and acknowledged to me that they signed and , a-eai'ed" tne •
instrument as their free arid .voluntary act aiij Seed
uses and purposes therein mentioned. if) =tist j
& "
notary fuoxic £bje Alasxa
ffv wu £, J ( UOX IC / 7 _ j y |
sy commission expires: /J-SX. ^
-------
BOOK 50}
m 0473
K -
PARCEL I: A portion of the Northwest
1/4 of the Southwest 1/4 of Section
Twenty-One (21), Township One- {1} South,
Rings One (15 East, Fairbanks Mer1d1an,
described as follows;
BEGINNING at the Northeast corner of
said Northwest One Quarter (KM 1/4) of
Southwest One Quarter (SM 1/4 5;
Thence South 0*08" East along the East
line of said 1/16 Section to an inter-
section of this line with the North
Unit of the Alaska Railroad
right-of-way; __
Thence North 7Q"49" West along said
railroad to Its Intersection -with the
Badger Road right-of-way; __
Thence 1 n a Northerly direction along
the Sadger Road right-of-way to Its
Intersection with a line from the point
of beginning, on a bearing of- Horth
89"5S* West;
Thence along said line, to the point of
beginning.
EXCEPT any portion lying within the 200
foot wide railroad right-of-way.
Situated 1n the Fairbanks Recording
District. Fourth Judicial District,
State of Alaska.
5B-2 3 6 1 2
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Oct 21 II02 WIS
SE SUE5IE3 of —-
V
WESTERN 100 FEET STRIP;
A parcel of land within- the Northeast
Quarter {HE 1/4} of the Southwest
Quarter (SW 1/45 of Section Twenty-One
(21), Township One (1) South, Range One
{15 East^Falrbankj^Merldian and being
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Pienetr Xjiiowi Iitlf iMvunct CsmpJe;
AAlHIhulf. t » ' « « I, > WHA»**
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Quit Claim Deed
tn.N'o/lcc rHiLu.Ks: iSio.-oo)
'r.»i»i•••¦«•.( i>*• ¦• *i.•»*, * m .j.t»«: :f :*# ¥xj: i rh*tliKH Keco r ci i iv;-" Ci ^ r ic**¦
Fourth Judicial District, • ... \ '• .' v- .••'-.¦¦ . * -** ."
i !¦, li*£ { n* .
•*»*•{» *1 ti»¥ M 4^-4 l4.f ' , il*
rights
title und interest!.in order to 'refect title to th« £otlowing'described;.
All that 1aml lying. and being situate in Fni'rbnhka Vccording^-'-.- "*W ?•'"•-•
Precinct situated in the sw\ SVh, Sectior. 21, Township 1' .South.' ' "''''*
Rjmc 1 East, Fairbanks Kerid:"in, rare particularly described as
Follows: '. Corsp«"ncirig at 'the. *«jgtion corner coiaoon to- Section* ••"
¦Id, IT, 20 and 21 ¦ proceed S. 8.9 5fr" K" a rdist.tr.ce of .1321 '
feet; thence S O OS * E 7640 feet" to the northeast corner of th<»" ¦ * -. -'¦•*
way to its intersection with the Badger Road Tight off,-way j ¦• thence
in a northerly direction" along the- Badger Road right of way'to "V'.
its inter sect log with a line free the point .of beginning on a
bearing of Ji • 89 , S6'! Nj' t'bonce. along. sai.d line to the point, -of
beginning. ¦ .'¦ *V ..;, :yj.¦ -'S .y_ '';V-.., 1:';
-2 7
*'¦ "' August, 1974.
! !
By..
J '1 / '"test {*¦<*¦*»*xi
suit ir f ;
c«M>fT ct Kinv» *r •» J
... Ilelen, .1. . Jicntley.
He ten M. Bentley
I fc* Ij*«I t * 4* if t »-t in *-«4 ***** (K# within «a4 {¦»<«$ #**-6
k IN? ~ .»
^ ?; ,
uH-nt |™4.
• ¦¦ v}^>' '
her
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EASEMENT• DF.BB
•nun lJj)KH'!WF7; made aril! entered Into.-by ami between tha HMfTP.n states ny'
AHIsftfCA'A ftt-fc 1 ni- through .tin: Secretary of the Air Force uniior and pursuant •
"FcT^lo isdueni.1 auir.fHutli<>rity contained 1t]> thS" Alaska Coiiimnn I cations Disposal
Act tytu-ny^NijVwibflr 14,\ 19,67 (81 SUtj 44ir444) (40 USC 7H-792), and Che •
il.slCiUicIcm to the Secretary" of the Air Forcg. from the Deputy
" ror.'iry wf i)efc,»t}c! dated October 25, and the rcdclej-ation of authority
from the Spi;rotary of tins Air Fores to tha Deputy for TransporCation and .
Craiimunlfintioiiw dated .lone 25, 1970, Forty of the First Part, and RCA Alaaka
(>Miiuim!«;«tJ.orwt, '/no. , a corporation duly organized arid existing undeir~tfnd"~~~
"By vlrthu~tpwa of the Stata of Alaska arid duly authorized to do
him I.ixhi* in the Stata of Alaska, with principal office located at Anchorage,
Alaska?.Party of tha Second Parti t :'¦ "
^ f^AOVl ¦ S g gr -
WITNESSETHi. - DO ^-•1 ¦ -
./
WlffiHfiAS, thu President had approved tha transfer of the fac
by this deed; and V;
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'¦ o^a
<>. -*¦ — aji.-o
lltgfes canwaii-,
tri
•ap&e«ary M tho Air Pores has determined that tha United States does not
" ' iyK^ tp- retajhi tha property involved JLn the transfer for national defense
'^r^arnl.:jM<^poa <$$.•;fsr is in tha public interest} the person to whom the
t sg^.V-?¦~j££»R*Qpr ia"ra|J«i" ia prepared and qualified to provide, without Interruption,
*ha..n service Involved in the transfer; and th£ long-lines co»-
«:*-~^/jton''&aHon Ca^itiea will,not,directly or indirectly be owned, operated or
C-'s/!$on£rP*J-'M hy " person who would legally bs disqualified by subsection 310(a)
' life;-?. " • ' V KonMiiunication Act of 1'934, as Amended, from holding a radio station.
' . ~iic«ft«res?«iH* - j-> ¦ '
*!rWtlEUEAs5 tin: said Party of the Second Part has obtained tha requisite r
iicimafeH And certificates of convenience and necessity to operate inter- '
af.aco nod intrastate commerciol comiuinleations in Alaska from the appro-
prisce CovorniHCfital regulatory bodies i and
^
miB.REAS', 'ttll-eiiis! requireinerita of Title II of the said Alaska Corarounications
, . Dlspouai Act have been met in connection with the jeal estate and interest,
therein convaydd by thi.H deed; and (
W1IK|(KA!!. under and pursuant to the provisions of tha Act a'nd delegations
cit«u! ahnvo the Party of the First Part- and tha Party of the Second Part
did enter Jnco a contract dated December 3.1, 1969 for the sale and transfer
of che fiovimiwent-nwoed long-lino communication focilitied in tha State of
' Alaska as defined in said Act, which contract fixes and imposes the obllga-
ciona «| 'tins partiea calative thereto: i'
m4r " '
NOW TIIERKFGUR, In consideration of the payment of the sum of EiRhtv One
Tiiouannd Hirie Huhdtod Fourteen - " — -
Dollar» ($81 .9l40pQ
J
ifa't. *
Ite;
llf-i
Hr*./
KV".
ife
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rtii?''
griCst.i,. -•
under riik'iasoodi.ta aucc&ajawo nnd-OMli&jAa an easpjmo-t—and"r-i-g^tnqf-way
to pa£rol an-^verrhWh-opSwMli-a and undergroung
commiinlc.'!tion line or ilnoaT~and ffppurtenancBa thereto. thr on. over and across
c!ig^.'a3>8»c4tej(i.ylntsT~ sltuaUcTaturtTaliig v^th.in-_tiui_3—L pa lrbsnka
Recording tHstrfct, FouFETT~* .Ursriclal Dlatrict, gtiite of Alaska, and
flfeBcrlbed'on, Exhibit A,.atliac|)od to and made a part hep^fj reserving, hovjever,
to tha Party of the First Part, its successors and oaaigi^s all Buch rights and
privilege oa may he used and en.1oy«4 without interfering1 with or abridging the
rights hi?F*.
-------
' • PA9t. ./...JLA,
fdlifcuuH* r.arijitjing DMrkt
TlifH OilANT' nf (!;iiM:ntfmt" (,« nubjoct to the- following special eondU. lon.'t, and the
P.'irfey of cln> Riitfuhii Pare, by it a ocqBptancu of this edaomont dead, agrees to
;nlii>-!r,t! to jiiiId condltlono In itn exereina of the rights nnd| privileges hereby
ijr.Mitu'd: ; ¦
f
r -v / -
I, fii iiperutliift, iimine/i In lug or recount rueting Che long lines for which this
c,ini!iii«Hr la'gosntfcd', the Party of tha Second Part shall comply with the follow-
ing rucjidriOTol^ ,0f uhu Bureau of Land Management, United States Department of
the Iruertor, M^fc'inji through Itn Authorized Officer, the Alaska State Director
or «uch capraen'mtiitlve as ha way daaifcnnte, hereinafter called "State Director"
a. Any reconstruction of tho long lines shall be approved in advance by
tha Scata Director owl performed according to such rules aq he may. provide,
h. Any property or land damaged or destroyed by the farty of the Second
Part during operation, maintenance or reconstruction of the long liheS shall '
bfi restored by thct Party of the Second Part, as soon aa practicable, to & con-
dition which in thu Kta te Director's judgment, equals Its condition immediately
prior to such damage or destruction.
c. Ingress and egress over ad Jaeont land of the Party of tha First Part
shall be Jn accordance with conditions and standards prescribed,by the State
1)1. rat tor. . 1 ,
DO MOT 1SMOVE
ri. The Mrty br^tha Second Part atial 1 permit unrestricted public access
to and within tha boundaries for lawful and proper uses except that
Che Party of tha Second Part, may designate areas aa restricted from public
acRfSUfl with approval of the State Director,'
<1, Tho Parly of thu Second Part aha 11 take all necessary aeasurea to
pesvont ,ind iiujipreflii f Iras on tha easement and on the Party of the First
Prtct'ii landa, complying with all applicable laws and regulations and with '
r,I»B ltiati:uct(on» of the Stato Director. All roads and trails' needed for
Hire pronation shall ba kept free of slash. j
• - . \
(» TlWj Party of tha Second Part aho.ll mark and protect all survey monu-
inontu within or near the easement against obliteration, damage or destruction,
tf any (nonuniont«, corners or accessories are obliterated, damaged or destroyed,
ihft Pun.y of the Sncond I'art shall hire a regi s tared land surveyor to restore
cliisin by surveying procedures in accordance with tha "Manual of Instructions
^thp %rvay ciT Public Lands of the United States, 1947 ed." and shall record
auchi^ury.e'^ as appropriate. Tha Party of tha Second Part' shall comply with any
addfpYon'ii/fequiIremonta for protection of monuments, corners and bearing trees
.'w iwiyihJi 'pr'Hijcrlbed by thu State Director.
fl® the Second Part shall conduct-its activities in a manner,
to pruvti'nt pojlotion op land and water, thereby protecting aquatic and terres-
trial Life, * •'
' ' ' i
CD Only non-persintant and immobile pesticides and herbicides shall be
used, aa appcovert by the State Director, ' >
(2) TIh? Party of tho Socond Part shall not release
-------
* 1 •" *» i »
i ' *
BOOK-ci^A r-••-./ I !C:)
fail-bank* Bucoi\!inj Pijtrkl
it. Tha "Party of Che Second Pare nhall conduct all activities with min-
imum discurb.jnce to vegetation. The Party of. the Second Part' shall not dis-
turb tlu> durf.n-o noil or ita \cgotat Ivq cover unless absolutely necessary
for , matuteiuMics at other activities. Necessary cuts and fills shall
b# sliipi.nl ami all disturbed arnns needed or sodded with adaptable plants to
prevent Morion, Hera plica are nut' permitted.
1. Trpttn which isuiBt be cut from the e/inement shall hu tut no higher
than »tx Lnglten ab«va ground with the. limbs and branches removed, Ail logs
or ccimhusi lb 1 is iiijisertol not utilized by the Party of the Second Part will be
rmrtovud from Clin land# of tha Party of t!u» First Part, including the right-
oi'-wuy, or disposed of as otherwise directed by the State Director,
j. The Purty of the Second Pairt ahull isuintnin the easement to provide
for mHi MtahUfty «nd to prMervo tha natural scenic valuea, This includes,
but. is not limited to, ravegetat Ion of cuts and fi 1 la with grass, t'te£a or
Hjtjiroprlata uuvt-r'mid/or u«a of ofchoir accepted screening to maintain and i :
enhance tha esthetic value in scenic areus.
k, If ill connection oporntlon undar this o««.ement, the Party
Of r.h« f'MCYf"coc previously unknown archeologicai,
pit ItwHtti] Jgmi I topical sites, the Pnrty of the Second Part, shall
imiiiedifitely notify the State Director and tnka ouch measures as he may
prescribe to preiiorvo the sites. ,
2. Thtd easemnut; nmy h« tftttnlnated by the Party of the First Part, upon
reasoristbJo notion to the Party of the Second Part, for uonjjae for a period
of two yijara or for abandonment. The nomine two-year period may be extended
l»y tjiu Pnrty of tlio First Port with Justification from thoj Party of the Second
Part. Upon m«:h tonninntlon, the Party of the Second Part shall remove such
f-'tcl I lfU«8 mi it may have erected or constructed on the easement and restore
the¦ c citherw who way be on S#14 premises at the invitation q£ the Party of tha
Second Purl, iir.Uirig from gnvarnronntnj activities; and the Party of the Second
I'arfc tthtH hold the Party of the Kirat Part harmless fifop any and all such
clitlww, '
J
'¦. Notv#lthrttund Ing the above condi tions, tha following conditions shall
apply only to thoga lauds identified aa MILITARY LANDS |n the aforementioned
fixhiblt A{ , .
... i
a. 'jl'liis hereinabove written conditions, Numbers 1 through 3, shall apply
Co thoao lands id ontlfind ns Military bands EXCEPT that Condition No. Id
ulut.ll not |ie applicable to those lands identified a? Military bands.
b. Tho "Siuitn Director" referred to in Condition iNo, 1. shall mean the
luatfillation Ctiironandor having luwtttdinto jurlndlction over the affected Mili-
tary Umdrt and harein«ftor called "Instilllation Cooun^M^Ijor,,.
• ' i '
c. Operation ami maintenance nctivites witlvln the easement shall be
.iccompl luhi'd without cost or expanse to the United States under the general
•¦jupcrviaion nod subject to the approval of tho InataJ 14tion Cotmnander and
-in*such manner as not to endanger personnel or property of the United States
on the said land or obstruct travel on any road thereon.
"•*'*• f
3
-------
• boo;{*25^— p,^r,2 _Zi££L«.
Fai,banks U.«. K.J Dist.kt
U. The tttie ami occupation of said land incident to the exerciae of the .
privlherwby granted shall ba subject to such rules and regulations re-
garding Inarnsii, egresrt, snfety, sanitation, and security tta the Installation
Cwwit.iinlfi-r way fcom time to time prescribe.
e. Nil cliiiriRe In liliftoraant, pole height or conductor height ahall be
made without written approval oil the Installation Commander.
P, t'ultt/i will Ins suitably tugged "for identity of ownership and numbering
rssfarenufl. '•
, 1
, g» tiw I'ftity of.tha Second Part ahull euparviae the sn^d facilities and
eat.iafii tiwrri to lit' Inspected «t raaaonabla intervals and ahull immediately repair
any ilyfc-i'tn found i;ii«rh»I Winner as not to ^create any unreason-
able In ten' urunce with tin; use of tha eunftmcut heroin grunted. This includes, •
but Is. not: 11m Lend to, the right of the novernment, or its assigns, to continue,
wl tliioic charjifi, operation and maintenance of ex la ting communications lines used
aolefy for milltury purposes or servicing military facilities and presently
located on thn cnmiminlr.nt lou pales with in the easement hereby granted and/or
otherwise loeiHwl wlthin tlvo easamunt hereby granted. ;
I, The Parly nf the ,Second Part shall furnish through said facilities
such hcivIcn an. may he vutfuLrud from time to time for governmental purposes
on tiaid land, provided that payment for n 11 such service will be made by the
Party iif !.h; AND TO JiilU) thrt herein described property, together, with all the privi-
loBQs :ni(l jippurtenancea thereto belonging unto the Party of the Second Part,
iC4 flui'ceasors ami assigns; subject to existing esaementu for public roads and
highways, fur public utilities, for railroads und for pipelines.
IN Wl'TNIiSS WlNiHEOF, the Party of the First Port has caused those presents to
b« executed In Its name by authority nf the Secretary of the Air Force and tha
Seal of tli«i Department of the Air Force to be hereunto affixed. This convey-
ance 1h cff.uitivo 12sfll a.m,, Alaska, Standard Time, 10 January 1971.
*&'-'*'• ' •
lj',1 . J
THE UNITED STATES OF AMERCJA
'?£mP
By
lad:
1 .jfavrszar
omisunlc
/jOHtf W. PERRY
Deputy for Transportation and Cohmunlcstiona
Office Assistant Secretary of the Air Fore#
(Installation and Logistics)
STATE OP VHlOINU '
County of Arlington
AC KNOWLl'. DGMKNT
SB,
On this Bch day. of .January 1971, before me, __
a Nfc'tery Public in and Cor the Stats of Virginia personally appeared JOHN
W, PiiRfiY, to ma iiorsoiiaily kni?wn, who, being by roe duly at/orn, did say that
-------
... ir ¦'" ~ . , .
' • • . • • „
' *, . • „ '• • ?
¦ ' book. pfiot-JHl—,
Falibanki Kui. .y
'j&f*
r \ '"V/;/ Ky cornmiaalon axptro'ai
t • --w-'
W . ;-;cv" •• ••
ACCEPTANC
IN WTTHK5SS WHKHIVMf, the Party of tha Second Part h«a caused these presents
to he accepted in ita noma and the corporate saal of RCA 4V!s^a Communlca-
Eicma, Inc., to Pif day of
1971.
RCA ALASKA COfWOHICATIQHS, INC.
(aeal)
Acneac: < n
By •fruh1- < (j t< vAratii {
HOWARD R. SIAWKINS
jjJ-L'-::. l/l ffi-i /
,NK P. KliliPliy J
Ami j
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ffer "V
f» • • .
¦ H
. w.
ir".
kjosZ-S^'^-,,,. ,
FriWhanl !nUrll i
'h2-i4-
V-«- / \ :'
TOWNSHIP 2 SOUTH. HAMGB 1 EASY, of the FAIRBANKS MERIDIAN
SJiCTIOH Is
^ aKCTl OM 21
WtC^p'Richardaon llwy thru
Cove Lota 16, 14, 13 & 12
Within Richardson Hwy thru
Govt Lot 1
\X-.
\ \'
%
-W
TOWNSHIP 1 SOUTH, SANOE I EASY, of the FAI Rli.iHKS MERIDIAM
-xSf—TIECTJOH 35 J
SIJCTIOH 341
KCHON 27 s
SECTION 211
lM
NWi/4 of the SEt/4
Nl/2 of the KWl/4
8,1/2 of the NW1/4
NWL/4 of the NW1./A
Within lUchnrdimn Hwy thru
Govt Lota JQ S 7 I-,
KE1/4 at the NE1/4
- ' ' ' i *
Si/2 of thu SEl/4 :
NWl/4 of the 3E1/4
Wl/2 of the NW1/4
Within Richardson Hwy thru
Govt Lot 5
Nl/2 of the NE1/4
SEl/4
El/2 of the SW1/4 '
W' V ',*• i
** *'<«.» r •
fc.--1 ¦
PART NO. 4
M[l,T.fAR¥. LANDS (Fort Jonathan H. Wulnwright) .
COMMGNCTNft at the aoythwaat corner a{ anid Section 11; thence north
475 fact on "the wane Una Charcot to tho southwest (SW) corner of a
puree) «( l.und known t»u th« Pairbonkfl ACS Communications Station; thenco
South 62"271 Beat, o diatanca of 200 font on the boundary Ilna thereof
ta the 111|)It P0IHT OF BSGlNNIHflj f
.Thtuica S, J9'10' W.
Tl»e«ica S. WW W.
Tlns»cn S, 3 5" 00' 8.
'I'iifnea S. 45*00* "
Tliunc.o" !i
Thunctt 8
Th'eiiM S. 54°00
1ti#nca 8. ai"D0'
'fhanita S, 02MS
; Tim tica 8
TIksiich S
Thrtncti S
' Tli 1,-nat; N
Tliciir.d N
TliHilCl S.
61*00'
69°56'
E,»
W,,
w.,
H 1*451 8.,
74*30! -8.,
111.* 45'
nans'
M*15'
a.i'j.5'
a ills to nee of 100 fnetj '
n (libtnnea of 4725 foet;
a dlatauce of 300 feat;'
distance of 675 feet; <"
4laranee of
¦ S
y
it* i
E.,
i.,
fi,,
Tiieiu-n.S. 71"30' K.,
of j:ho woat half (WJ./.2)
fiiiiti l ine »3ho baing tha
Millcucy"Inatftllntlon.
275 feetj
diatanco of 4225 feet;
dlnUnce of 1350 fenp ; Y
a distance of 200 feetj
« dliJtttriea of 175 feet;
a dliitnnca of 1550 feat; ,/
n
-------
c
'.i
Pk
fc
i
S
r
K
¦;.-••¦ - 1",;".-' -Iiebft,'/^ j'act .^*41." •
-'-"¦ ••' -: wM feosngs? Qb«=< • •¦'
GOLDEN VALLEY . ELECTRIC ASSOCIATION, INC
! A1R9ANKS, ALASKA '
IASEMB4T DHS WJ2BAJKS
¦WW.*™ 6>'-/fSJ
gmsgygtCTa
rf gj>nre*wc3
, s»i wi vmxt mxcnac msooaotk, wc, &s Serasawu, suaossajra sad 6©sS§bs, tor m doisr !&JS) *nd «tW
l t80s%& at is M7 gctowjlmt^d, * rigb* of way Mai nmmt
1 repair, mlfiH'n., lag^dctktt aarfef FtptacffftMui : . . ,
' ¦ '-¦ .t \ , w, i -J, \ t.
a®-
5fcsnry J»dat9 ia sod ix ±a .
' Br jssmirr 7,
X
-------
*v
'•vf'
• <''-r; •¦' ¦¦ .. '
" • • .• --<••*,. . Efciibmin Hunwlhig "Dfctelg
v. ,: ?¦:•' :.GOy^,VAU-EY;.^^CfRie^A^IATiO^.-^iNCi:-
,. • -*f» v\\> 'v .v /: ' •¦' „\
;- . v' ' '.* .s . j,.. j .' ,¦ '¦-" ;
'-"v-w \te*#34 «< .-Olaa &n£ Allao t,. Allan 1
- .'''¦¦ ¦' ' ¦ rf Fairbanks
VAU^.unerase AWOC3ATIOI!, ®t, IB
''" Ateta«spHr»stra acrpambon, mi.io ia Uaaomm, mamma* and osajm, toe am dollar (Stlao) sad otbsr
"j'fMd aad Tasteefafts aaahtoaBm, !to nnfet «f wWcft ii hereby acJmwiattgsid. * rtjfet ot way tad wishrant
- V: fep «* o»*arf qwnata, niimw, n^. tUtaratScB, tnmgwwHnn Mid ro?Iacas*nt at
tia ttee&fe wmw) "*ii sad Aetr&tttta Sfass el said gragss, stisoM la pfifes or otbar supports, togathor
sal rtter sJtncbmsnB sod IwMnitlal «^n»ai tfcsrwan, ineinrflng clbar dreuta on
v tfea an pate*. «sd spportmsmess mr. m sad swow ta UMij p-nmtesa, Mangiog to &a grantor, la
¦' Sun Mftss&l Bssar&tj Dtetriot, Slate si' llata,
Portion of th* 3§®»$, Motion 21, T13. B12, F.X. - 1.38 ior«i
XaoMB as Tracts #? a #3.
gaaaaaMst given fes* existing llnaa onlf.
' w£St all et ^prara nd «®rs*a we—17 to tta ieS s»d eamptofci usra, anmpatica, sad «*
jnymsst «i to wssssm fesrafcy fyinsSsi, sad «B rtjjite ttd prfrflaffM taddaat tfaK*t®, Including list H5M
fen t» ttesa la-aMll, eai, trfen, sad rwBOTUfcwa, orortsagias hrsadsea, sod «fe«r ofestnie-
Sb &* pensaa's ass, owt^nWiw, or njuamaut of thia yw^" 3TJJEUU
g^B8gMba«a imtaMaw osgrggg
"Vf 7 "j TMif ' ' 1*»» f\f9^
¦.at $$£S£td*e,
br cmmxuz^jKT n*™. Ma~a, p*c. /f//s
¦^L.
S~£Z
CSuJ)
-------
"'-Hi-
KNOW ALI. MEM BY THESE PRESENTS, that 1/wa Qsa astli»3ijp>8$.
-JdMkfi PEflt- /*/r,.,Qg,
for a good and valuable consideration, the receiptVhereof k hereby acknowledged do hereby grant•
ante Golden Valley Electric Association, a cooperative corporation, whoa® post office address is
Fairbanks, Alaska, and to its successors or assigns, the right to enter upon the lands of the under-
signed, situated in the Fourth Division, State of Alaska, and more particularly described as
follows:
A /g/T &6-ftr-oF-wW PaPAlJuztz. ~m At S&r.T/o*) AssuBT
PtiAiutA/fi- zZ4*,t--cv£<;7-'/A/ *;&%*<;cot? 7?% Rl£t/?j0
I *
and to construct, operate and maintain on the above-described lands and/or upon all streets,
roads m highways abutting said lands, an electric transmission or distribution line or system, to cat,
trim and control the growth by chemical means, machinery or otherwise, trees and shrubbery that
may interfere with, or threaten to endanger the operation and maintenance of said line or system,
including any control of the growth of other vegetation in the right-of-way which may incidentally
and necessarily result from the means of control employed.
lite undersigned covenant that.
the owner/a of the above described lands
and that the said knds arc free and clear of encumbrances and liens of whatsoever character except
those held by the fottowin® persons:
<37*
day of
M WITNESS WHEREOF, the undersigned have set their hands and seals thii
A^kA &ED\-mix. r//c
MaY
Signed, sealed and delivered
in the presence of;
UNITED STATES OF AMERICA I
STATS OF ALASKA )
On this
. c2.7
7U
, day at
Vkf~Q-fc|~iv\J .ib-Ll/lA -C^QftrVX fT.
^ .ir'f. f ? "}'/] ¦J- j> fit' i, (LS)
¦ ' - -£—* ~ ¦
- -**¦»«« N»-
• - 7/.,y-*w
ia h/D s before me, the undersigned, a
Notary Public for the State of Alaska, personally appeared fiftp
to me personally known and known to me to be the particular individual named in, and who
executed the foregoing instrument and acknowledged to me that "T/Z&y'' signed the
same freely and voluntarily and for the purposes therein mentioned.
IN WITNESS WHEEEOF, I have heraunto set my hand and affiled my Notarial Seal this
^ day of „ /*&/* , i» £o .
*?*
¦igf.v: .ivika expires
-j2
-------
• 1
.... SlGHT-cr-Wr CWOCTT'-'
t ¦
WWW AU* NEM Wf THESE WE3EXT3, that « the JNOtirs
Carl Pitewsom tw Jowt Fwi*j
vol112 me3d9
ron A aoeo a*» valua»le consideration, the receipt vutntor i * neresy acknowledges oo
HEREBY OitANT WTO GOLDE* YaLLEY ELECTRIC ASSOCIATION, A COOPERATIVE CORPORATION, WHOSE
post orricE address is-Fairbanks, Alaska, and to it* successors or assions, thc rioht
TO ENTER UPOH THE LANDS Of THE UNBERS I «*C», SITUATED IN THE FOURTH DIVISION, STATE Of
Alaska, a no more particulaaly descrised as roLLOws:
A poutioh or the or the SW^ or Section 2i, T1S, RIE, F.H.
and a port I on or the SW^ or Section 2i, TiS, R!£, F.M.
•to CONSTRUCT | OPERATE, AND MAINTAIN A OISTRISUTI ON AHO TRANSMISSI ON LINE ALOMO THC
Westers boundary or the above pescriseb property. Additional service limes only as
owner requests. These Limes to at constructed upon identical-poles and should mot
have a orouno clearance or less than thirty rccT.
The wocrsiomed coy en ant "that they arc the owners or the above described lands
and that THE SAI9 LANDS ARE rnEE ANO CLEAR or ENCUMBRANCES ANO L1 ens or whatsoever
character except those held sy the followin<» persons:
s>:
IN WITNESS WHEREOF, the undersioned have set tneir hands and seals this
DAT or
j£i£d
19.
SkJMCD, SEALED A«D DCL IYCSCD
in tnt p»rc5cmcc or:
UNITED STATES 0F AMERICA
STATE OF ALASKA
Ow TM
U#OER3iaWE
/
1J VprfYf
BAY or
<&44
V p;
unoersiqneju a Notary Public roR the State or Alwka, personally appeases
(3d Iujzm
PARTICULAR INDIVIDUAL named in,
acknowledged to me THAT
THE PURPOSES THERE IM MEWIOMI
TO ME PERSONALLY KNOWN AND KNOWS 79 WC""TO 91
O WHO EXECUTED THE rOREOOIWS l»3T««WSMT A»»
SiaNED THE SAME rREELY ANS VOi-imTA* I LY
'H
•yr
IN WITNESS, WHEREOF, I nave hereunto set ky hand and Arrives *y Notarial Seal this
day or . 19. Jkiu '
/ V*- *
/ffv\OTA/^'\ +\
|,J -> * slxctwc tjmrg, go.
a?. .... ,£3kt£rp^g*^/~- "
-------
vi".Ich reference Is hereby mauft. And].,the said,,parties of t ha first pert
do covenant ¦ and a tree with the part lea oft he second Spart that they; are'. -
the lawful owners of said p^e-nises; and that they have the legal right
t-i sel L the aarae and do by tiieae presents warrant a nd will foreve" de~ • A.;
Tend the above-lescribed premises, and every part and parcel thereof,
with the a pursuances tint3 the said parties of the second ..Jirt, their
heirs-and assigns,, against any and all persons, claiming any right,:
• r . .V,-. % «1» $r"K - '¦ i*'*x
title or, Interest therein adverse to fche1 said' parties of the*second
*>
part, In the*quiet and peaceable possession thereof.
V f-
}
«>
v IV' WITNESS WHEREOF the'a0id parties of the first part have hereunto
**' ¦ >.-• - -**
ret their hands and seals the day and year first hereinabove writte
A if' „
A if'
Executed In the, Presence of; , , ,
'• . « i" - 1
Katherine Hamtllle
Bertha' K. ^ hows on
<*:
'
f T ***& * "
HttTEC STATES OP AMERICA )
W* ' «¦>' * v ) as
TERHITi^Y OP ALASKA £ ^ ,
V ,; tVis IS TO CERTIFY THAT before ,
i w . ?ams>4 \% ¦>
3 fe'|Jn aji^ f cr' - the'' Te rri tory $o«Sil aslanedT
^ ^ ' t> 1^ -v ^ u
kporsonaldy apj-furtd Ora^elle LelgH, Fix&'¥» Hefer&a-and Warron A®, Tay-V'"'-/'
..'--a -r •.*•*. - • r-fwWI, Mu<,:S
lor,.all to ». personally,
liidil-vldi.als r.6«.ed in and who executedvthe foregoingjln«tr»iment and they
' VcJ^o^i'edged to me that they signed the "same .freely and v'olun tarllyand
. .for** the purpose therein »»nt toned*
IH WITNKSS WHEREOF, I have
Kotarlal Seal
w
/'• •/*
, ; ..Ma,,. ,
thi.
-:r ' - K Bertha jsf* Tnomson * - '\ *,
\ . Notary Public Inland for"' Alaska,Hy" ,
-. Ooianiaalon explreat-' Jlily"29('l;X9^-W^#,<:32:-
' fu-k\ y A ' \ 'Hv 5"V "K* / "" -f
medfo? Record: July 13. 19^ part' If >£M.
J"' •
(Hi P. Seal)
-------
w-4 ; • V^'^V £9 x 155? '¦ 7
A"t3 -rf'i;. .leaental- thereto, the claI.11 of Francis C. Schoentrup has boen
• established arid'" dulyjcons-uma-ted, In'ca«|d:niilty to law,, for the folio*-'
iri^-deacribfd'linai /¦' : r
.-V Fairbanks Meridian, Alaska, _ _r
.*}<•
Sec*-21, ljs»K' '
The am describedcontains 80-/«e^»i, .according to the Official' Plat
¦ 'J..'-, v • . v-1 :••¦*¦ '¦
of tne Survey ofTthe 3ald~lwid9t'dh file In the Bureatf-Tof .Land- Manage-
¦¦ J. v:
ft- - YlO^ Kirqty 'YE,"That ?tl»rb"'f»^ therefore, the' m'TBD^.^A'fsa
unto the sail claimant the tract of land above described; TO HAVE AND
fO HOLJ>: the"said tract of land^ with "the. ap^urtenancea thereof, unto
the said claimant and to the heirs. and .assigns of the said claimant
' x, #*.*, r .* -* ,nx •• !»* $fP
. forever; subject to any vested and accrued water rights for mining, •-
„ /"*" *•/- . if- I *m£N jS £ **s w z> * '~h, *
acflc^Tt ural» raarsuf aeturlng, or pother purposes, and\ylghts to ditches
"*y£y$ ^ ^ _,tj -vin
'and reservoir®"
-rarr' Jwvg-4-.
• recognized and
courts? and ther*vls reserved/front the,land hereby granted a*rlgj^t-of-.
• ¦ - "J-' _ K» % >'fr '* '-V £ ' *¦ -^n ^
way thereon for ditches or oanal's construed by the authority, of the
STATES
id-tfidre
lithe construction of. railroads
ance with the Act of March
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Excepting* however# from the,conveyance that ^certain highway, pipe
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.line and* tele phone line ,and -all appurtenances thereto, * constructed* by':,
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•;the, USITJEO SfATSS thrcugh, over, or upon the'land herein described, |
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;and |he&ri3ht of the US1TKD STATES, Its officers, agents, or e-nnloyees "
to maintain, Operate, repair, or Improve the same so long as needed " '-
: or ust^for^or bj^:lfie*UNITED'.S^Af ' ' ' / v- , -
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IN TtS^Ii^ONy', ^HEHEOP, the^underaicned authorized off leer o £ the
/ Bureau of Land Management, in |ecordance "with the provisions of, ttie ..
^•4ct':biP'*&uwi'.'.l'7V* (62 Stat.tt 1^76), has« in the name of the United
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States, caused these letters to be made Patent, and the Seal of the
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Bureau'-to he'hereunto affixed# .>*.&'• " ^ ••• - ^ "*• *
GIVEN under my hand, in the "'latrlct of. Columbia* the TYiEHTY-FOURTH
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. day 'ofVjIUllSTln the year of our^Lord one' thousand nine hundred sad
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FORTY-SINE and of the Independence of the United States the one hundred
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¦ and jEVEirTY-Tiir'D,
. ¦-* • ¦ For the Director, 3u«eau of *and "
(Bm*«au of Land Management ' Management•
Seal)
• By Jaa, P. Hofaer .
Patent Ho. 11261(20 - " Phiaf, Patents SectIqii. ' '
-..•Piled f or Record?'-'July 13, l^Mjftsat |2-oiln,"-paafc-Ij. P:«""K#v.-.v:- "
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1. > it in hahd *^!td"by dald*partles of 'the' second -
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part»the raeeint whereof is hereljy acknowledged, has granted, bargained,
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sold, reaiifdsl|ri^released and for®«er quit-claimed and by-these presents do
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graiit, bargain, aellj, .reraise, release and .forever quit-claim" unts the said
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the "a .purte&Rncea and'prlTileges; t3f#^to.;iiicid#nli:,;unto, the said, parties
•„of the second part,andto thel»." ^eirs. _aiid-. as signs forever.'
lN/,inTHK>Si:;»HSffiOF, :tbe>ald',.par,tj@of the; flrst" part ,ha9 hereunder ?et '-its - -
" brnd and" seal, '.'the da^'-and-year fiyst''above"''written#''r *"%,.«5v-
Signed, ' sealed, and'delivered'in tiwi;- "^Offlce^of fewitoriai .^omniis" ,
.presence of ¦ ...sloner'.of Veterans*';,Affal?s..-(3EAL)
,;:E« F, McCarron . ' : By Ellen H. Weir- ¦¦ -
A< P. ^llchter ';"-Acfc"ing-.Hegibnal Blrestdr"...
'UHITBD STATES • op'.AMERICA ' |"*•' '•& ¦ ~'M?-: r- - .'i"
- ) ss"-v. •»;. ' ¦
"TEH^ITOKf OF" AMSKA ,'' ) S; *''* 'J ' ' ,V -!>:s ^ : .
On this 12th day of July A* D»'On® thousand nine hundred and forty nliia,
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/V^ /'/
XV
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Final
Second Five-Year Review Report
Arctic Surplus Salvage Yard, Fairbanks, Alaska December 2013
Attachment 7: FACT SHEET FOR OWNERS/POTENTIAL
OWNERS/TENANTS OF ARCTIC SURPLUS SALVAGE YARD
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FACT SHEET FOR
OWNERS / POTENTIAL OWNERS / TENANTS OF
ARCTIC SURPLUS SALVAGE YARD, Badger Road
(TL-2101, TL-2111, TL-2112, TL-2113, TL-2131)
September 2013
The Arctic Surplus Salvage Yard is a contaminated site which was removed from the United States
Environmental Protect Agency's (EPA's) "Superfund" site list in 2006. Most of the soil contamination
has been cleaned up and the sources of groundwater contamination were removed. A clean
cover/cap and asphalt was placed over part of the site. The on-site groundwater contains
trichloroethylene (TCE) and metals at levels below safe drinking water standards or regional
background levels. The on-site soil is contaminated with polychlorinated biphenyls (PCBs) and lead
at levels above residential standards. The contaminated soil lies beneath the ground surface.
Additional information regarding the site and the cleanup activities is available at the Defense
Logistics Agency (DLA) Disposition Services office located across the site (DLA Disposition Services,
% Mile Badger Road, Building 5010, Fort Wainwright, AK 99703. Telephone # 907-353-1160)
Since some contamination remains in the soil below the ground surface, there are restrictions to the
use of the land. These restrictions, also known as "institutional controls", were agreed to by EPA, the
Alaska Department of Environmental Conservation (ADEC) and DLA. These land-use restrictions are
recorded in "conservation easements" which are attached to the tax lots (TL-2101, TL-2111, TL-2112,
TL-2113 and TL-2131) and are recorded in the Fairbanks North Star Borough database
(http://www.co.fairbanks.ak.us/). DLA is the designated Department of Defense lead agency at this site
and as such, is responsible for enforcing the land-use restrictions. DLA conducts annual site
inspections to verify the land use-restrictions and tests the groundwater at the site every five years.
It should be noted that the land-use restrictions run in perpetuity with the land, and are binding upon
all present and future land owners, their heirs, successors, and assigns. This fact sheet answers
frequently asked questions regarding the land-use restrictions and future use of the property.
What does this mean to land owners/potential purchasers of these properties?
The land will likely never be allowed for residential purposes or for agricultural uses. However, there
are activities that can take place on this land, as long as they do not affect the soil and groundwater
below the surface. Some of these activities are currently taking place at the site. Potential future
activities include:
• A parking /storage lot for vehicles
• Above ground storage for items other than vehicles (Conex, etc.)
• An open-air market
The primary land-use restrictions are that there can be no ground-intrusive activities and that no
wells (for any use of the groundwater), can be installed. If any of the restricted activities are taking
place, the DLA or EPA is required to be notified immediately (see contact info below).
If you plan to conduct activities other than the pre-approved activities noted above, approval from
DLA must be obtained before the activity starts. You should allow at least sixty (60) days for the
approval process. The approval process is:
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• Contact the DLA project manager at the phone number/email listed below. Please be
prepared to present your request in writing to the DLA project manager. The following items
should be noted in the written request:
> Description of the intended activity/site use. Your intent must be clear and concise. Your
proposal should be specific, to include quantities (i.e., how many storage units, how many
people will have access to the site, proposed duration of the activity, etc.). The more
information you include, the fewer questions there will be during the approval process;
> How you intend to ensure the land-use restrictions are adhered to;
> How you intend to ensure there is no damage to the fence (which is maintained partially by
DLA and partially by the landowners) and the groundwater monitoring wells at the site; and.
> Your contact information and other relevant points of contact for the proposed activity.
• Upon receipt and review of the written information, DLA may contact you for additional
information and/or clarification. Once, all relevant information is received by DLA, the DLA
project manager will forward the request to EPA and ADEC for notification only. DLA will
notify you in writing of the approval.
Please remember:
• Your activity must not impact the groundwater monitoring wells, asphalt cap and the site
fence.
• Your intended use must be non-residential and non-agricultural.
The points of contact are:
Defense Logistics Agency (DLA)
Ms. Therese M. Deardorff
DLA Installation Support Pacific
1025 Quincy Ave., Suite 2000
Pearl Harbor, HI 96860-4512
therese.deradorff@dla.mil
Tel: 808.473.9527
US Environmental Protection Agency (EPA)
Ms. Jackie Kramer
Region X, Alaska Operations Office
222 W. 7th Ave. #19
Anchorage, AK 99513-7588
kramer.jackie@epa.gov
Tel: 907.271.3541
Alaska Department of Environmental Conservation (ADEC)
Mr. Fred L. Vreeman
SPR-Contaminated Sites
610 University Avenue
Fairbanks, AK 99703-3643
fred.vreeman@alaska.gov
907.451.2181
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