September 20, 2016

Daniel Mathis
Division Administrator
FHWA Washington Division
711 S. Capitol Way, Suite 500
Olympia, WA 98501
MS 40943
VIA Email and US Mail
RE: SR 520 Floating Bridge and Landings Project Arsenic Contamination

Mr. Mathis,
Our office represents People for an Environmentally Responsible Kenmore (PERK) in an
administrative appeal before the Shoreline Hearings Board relating to a permit revision for the
SR 520 Floating Bridge and Landings Project. As you may know, much has changed with the
demolition of the old SR 520 Bridge since the most recent NEPA/SEPA Environmental
Reevaluation in April.
Youll recall that in Aprils reevaluation, there was discussion of using the Kenmore Yard for
further demolition crushing activities. At the time, it was believed that this would be appropriate
despite Kenmores Municipal Code amendment which restricted heavy manufacturing in the
zone that Kenmore Yard is located. After a lawsuit and ensuing settlement, it was determined
that the further crushing that was originally intended for Kenmore Yard would now be performed
on barges within the Eastside staging area. That work is currently ongoing.
While it is objectionable that there has been no reevaluation done to discern the impacts of this
crushing on barges over water instead of in the Kenmore Yard, what is more alarming and in
immediate need of action is the presence of high levels of Arsenic in the materials that are being
crushed.
During the course of our investigation, we reviewed settlement materials between the city of
Kenmore and Kiewit/General/Manson (KGM) and presentation materials from a March 23rd
meeting between KGM, a WSDOT Contractor, and the Department of Ecology. In that
presentation, it was reported that the pontoon superstructure contained arsenic levels
between 50-65ppm.1 These are levels more than 250-300 times the very low levels (less than
0.2ppm) of arsenic present addressed in Aprils reevaluation.

1A

number of community organizations have also asked the USDOT Inspector General for an
investigation into how WSDOT may have misrepresented or concealed information relating to
the levels of arsenic and its inadequate disposal at designated sites.

The April reevaluation describes the supposed proper course of action if it is determined that
there is any amount of arsenic in the concrete. It states [a]lthough the arsenic levels in some of
the concrete are below those that would be expected to pose an issue for human health,
WSDOT would transport all concrete containing arsenic to an approved demolition and
disposal site and would not demolish any concrete suspected of containing arsenic at the
Kenmore Yard.
According to the Record of Decision for this project, The FHWA Washington Division
Administrator is ultimately responsible for monitoring and enforcing mitigation measures. Those
mitigation measures are to be implemented concurrently with the portion of the project resulting
in the impact.
As further demolition work and crushing of contaminated concrete is currently ongoing, we ask
that you review of this matter with urgency. We further ask that you ensure all demolition/
crushing of concrete in the pontoon superstructure be suspended immediately pending the
outcome of your review. In the alternative, we ask that you ensure that all concrete in the
pontoon superstructure is no longer further crushed or in any way further demolished on barges
but is transported to properly studied and approved demolition and disposal sites.
Thank you for your prompt attention to this matter. Please let us know how we can further aid
your review and we will await notification of your intended response.

Sincerely,

Aaron Smith
On behalf of PERK
Law Office of Aaron M. Smith
2470 Westlake Ave. N. Suite A
Seattle, Washington 98109
(425) 298-3557
Aaron@AMSmithLaw.com