Fort Ord’s Parcel E20c.1 - Caveat Emptor
Let the Buyer Beware!
Pat Elder
March 4, 2025
View from the southwest corner of the Parcel E20c.1 at Eucalyptus Road, facing northeast. The beautiful 70.26-acre tract is profoundly contaminated, while the Army seeks to convey it to the Town of Seaside.
Fort Ord Cleanup – Finding of Suitability to Transfer
“I conclude that all removal or remedial actions necessary to protect human health and the environment have been taken and the property is transferable under CERCLA §120(h)(3). In addition, all Department of Defense requirements to reach a Finding of Suitability to Transfer have been met, subject to the terms and conditions set forth in the attached Environmental Protection Provisions that shall be included in the Deed for the Property
- July 19, 2023 Richard C Ramsdell, BRAC Branch Chief
Early transfer of this Fort Ord property under federal law allows the Army to convey the toxic land prior to it being cleaned up.
Under normal circumstances, the Army will legally promise, by inserting a covenant in the deed that, "all remedial action necessary to protect human health and the environment with respect to hazardous substances remaining on the property has been taken before the date of such transfer." This is not happening with the new lands being conveyed to Seaside.
Can you help us pay for environmental testing on the former Fort Ord? We want to verify the Army’s claim that there are no remaining radiological, chemical, or biological threats to human health. We need your financial help to take our advocacy to the next level. We have raised $2,400 so far, but we’ll need $20,000. Our team will visit in early October, 2025 to take samples. See the Fort Ord Contamination website. https://www.fortordcontamination.org/
This “early transfer authority" requires the concurrence of the state of California for sites listed on the National Priorities List. Federal law says the Governor of California, or his designated state authority, like the Department of Toxic Substances Control, must approve the deferral of the covenant when highly contaminated military properties are transferred to civilian use before the completion of cleanup.
The Army says the EPA and the California Department of Toxic Substances Control “were notified of the initiation of this Finding of Suitability to Transfer, (FOST) Amendment.” Under the Trump administration, the EPA is no longer functioning as it should, so this important matter is left to Governor Newsom and the DTSC to take the necessary measures to abort the current FOST process while establishing credible, extensive, and thorough environmental investigations. The Central Coast Regional Water Quality Control Board ought to weigh in as well.
This FOST amendment was available for public review and comment for a brief period, from December 26, 2024, to January 27, 2025. Two comments were received from the public.
Mike Weaver, Co-Chair of the Fort Ord Community Action Group, (FOCAG), wrote, “The FOST appears to be a done deal given the initial haste that this FOST Amendment #2 was scheduled for public review. Thus, we doubt this letter of concern will be given much attention. However, we highly recommend of the regulatory agencies that this immediate FOST area be an ongoing cancer study area. How many residents will contract cancers of some kind here vs. the general population of Monterey County?”
Nina Beety of Monterey submitted 66 pages of testimony, much of it from FOCAG’s earlier work, documenting severe contamination. She wrote, “These three parcels under consideration for transfer -- Track 1 Plug-In Parcel E20c.1, Yadon’s Parcel E29b.3.1, and Operable Unit 1 Parcel S2.1.2 – are located on the Fort Ord Superfund National Priority Listing Site. These parcels of land cannot and must not be transferred until in-depth, independent, and verified testing shows that there is no contamination present.”
She continued, “Getting to a non-contaminated state requires 1) accurate and complete investigation and disclosure of the entire gamut of toxic substances involved which to date have been scrupulously avoided, followed by 2) far ranging remediation, even transmutation, by independent companies and individuals – something which likely involves methods not currently used or available by the government. This land is officially designated as not on Site 39. That is arbitrary and capricious, and completely false. Only one street acts as a mere visual line separating the most toxic, most contaminated land in Fort Ord from much of the proposed land to be transferred. One street.”
The completion of this public comment period tells us the transfer process is moving forward, suggesting that the three parcels will be conveyed to the City of Seaside in the near future, unless the state intervenes.
Huge parcels of land
When Fort Ord closed in 1994, it totaled 28,000 acres along Monterey Bay in California. Since then, large portions of the former military base have been redeveloped for residential, commercial, educational, and recreational uses.
The Fort Ord National Monument covers about 14,600 acres. The California State University, Monterey Bay (CSUMB) occupies about 1,400 acres of the former base. Portions have been developed into housing, shopping centers, and business parks, particularly around Marina and Seaside. Several thousand acres remain available for development.
About 1.7 million soldiers trained at the former U.S. Army post from the beginning of World War I through Operation Desert Storm. Their boot print of contamination remains.
Parcel S2.1.2
A subsequent report will examine the two active “remediation sites” located on the exceptionally contaminated 45-acre Parcel S2.1.2, scheduled to be transferred to the University of California Monterey Science and Technology, (UCMBEST).
This tract is located on and near the Fritzsche Army Airfield Fire Drill Area. The conveyance of this parcel will include a weak deed covenant prohibiting the use of groundwater. The amended FOST document fails to mention the dangerous levels of PFAS contamination associated with the routine use of aqueous film-forming foam, (AFFF). Groundwater was found with perfluoro-octane sulfonate (PFOS) levels at 19,000 parts per trillion at the old Army fire drill area. This level of the carcinogens is a very real threat to human health as it presents multiple pathways to human exposure.
California regulates PFOS in groundwater through the establishment of notification levels. The notification level for PFOS in groundwater is 6.5 parts per trillion. Notification Levels are advisories aimed at local governing bodies and the State Water Board. The levels where the University of California Monterey Science and Technology will expand are 2,923 times over the California limit, while the Army is pretending it’s not there.
Parcel E20c.1
The inset photo was taken from the north side of Eucalyptus Road at the southwest corner of Parcel E20c.1, the area shown in blue. This spot is also the bottom-left corner of Parcel MRS-24A.
The Army is set to transfer the area in blue to the City of Seaside. The land will be developed for future housing. During much of the 20th century, the land was used as a training facility for infantry troops.
The parcel is laced with toxic chemicals. It’s not a nice place for the children to play in the back yard.
The Army says there is no evidence of the following substances on Parcel E20c.1:
- non-munitions- related hazardous substances
- petroleum products stored in underground or aboveground storage tanks
- PCB-containing equipment
- buildings or structures with asbestos containing materials
- buildings with lead-based paint.
- radioactive materials stored or used on the property.
The first item above, “non-munitions-related hazardous substances” are very evident on the parcels to be conveyed and are the most threatening to human health.
We cannot trust the Army. Their claims must be independently verified. This is a real estate transaction. If you were set to purchase a home that had signs of mold, termites, and water damage, wouldn’t you be willing to pay for a home inspection report? This is not any different. Caveat Emptor!
Munitions and Explosives of Concern (MEC)
The Army says there is evidence of past training involving military munitions on the 70-acre property being conveyed, however, the Army claims these munitions are not expected to be currently present, and a removal or remedial action is not required.
The term “military explosives of concern” (MECs) describes unexploded ordnance, discarded military munitions, and munitions that are present in high enough concentrations to pose an explosive hazard.
The deed from the Army to the City of Seaside will include a covenant which will include a Notification of Munitions and Explosives of Concern. The covenant is legally binding and runs with the land in perpetuity.
The covenant in the deed to the town will list the munitions and explosives discovered during a 10.5-mile site walk over the roads and trails in and around Parcel E20c.1. The Army conducted the site walks in 2003 and reports finding a multitude of munitions, but no MEC’s.
The following items were found on Parcel E20c.1.
M7A1 Anti-Tank Practice Rocket
M306 series HE 57mm projectile
M11 series practice antitank rifle grenade.
The Fort Ord Community Action Group (FOCAG) describes an array of ordnance contamination on Site 39. It is just across the street from our parcel, and it is littered with ordnance. “2.36" & 3.5" Rockets, Hand Grenades, 37mm Anti-Aircraft, 57, 75, 90, 106 mm Recoilless Rifle, 40mm Grenade, 60, 81, 4.2' Stokes Mortars, Light Anti-Tank Weapon, 75mm Howitzer.
A M721 illumination mortar 60mm projectile was found on the property.
These practice rockets were found in a burial pit on the parcel to be conveyed along Eucalyptus Rd.
In 2003 the Army used an EM61 MK2 metal detector. Today’s models can detect munitions substantially deeper. Ask a metal detecting enthusiast. There’s been a revolution in the technology over the last 20 years. This new technology should be employed before the transfer of the property.
In 2011, the Army determined that no further investigations for military munitions at Parcel E20c.1 are required, while the EPA concurred. Although the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) didn’t “concur,” the DTSC acknowledged this determination. What does this mean, exactly? It means the state sat on the fence and watched the federal government and the townies strike a deal that may sicken and kill people.
Agent Orange
Agent Orange was used to control Poison Oak, a woody vine or shrub in the sumac family, where soldiers trained on Fort Ord. The areas being conveyed are heavily infested with the weed.
Poison Oak grows along the northern boundary of Eucalyptus Rd. For many years, the Army sprayed Agent Orange to control Poison Oak over 9,000 acres where soldiers trained.
A 1956 description of the poison oak control efforts using agent orange at Fort Ord reads, “In training areas, such as Fort Ord, where poison oak has been extremely troublesome to military personnel., a well-organized chemical war has been waged against this woody plant pest. A drastic reduction in trainee dermatitis casualties has been the reward. - The Military Engineer. Vol 48 No. 321 (Jan-Feb 1956).
Agent Orange is comprised of a 50-50 solution of two herbicides, 2,4-D and 2,4,5-T. It is the latter that contains the deadly dioxin. Several “rainbow” varieties of the herbicides were used at Fort Ord, including the application of 2,4,5-T alone, It delivered more dioxin than the 50-50 variety of Agent Orange used in Vietnam.
Forty years after 1956, The Fort Ord Hazardous Waste Permit Application in November 1996 described 1,000 pounds of Agent Orange on hand.
We don’t know where they sprayed the lethal mix, although the record reflects an intention to cover 9,000 acres where soldiers trained, and the plant was pervasive.
The fence-sitting state of California must test soils for dioxin before they become someone’s front yard or a playground. The toxicant has a half-life in soils up to 100 years, meaning it continues to threaten human health at Fort Ord.
The Army continues to deny using Agent Orange on Fort Ord, while hundreds, and perhaps thousands of veterans who claimed the carcinogen caused their cancers are being denied compensation.
Dr. Alvin Young was the Pentagon’s leading voice on Agent Orange. He downplayed the risk of dioxin. Speaking of those who claim they were sickened by Agent Orange outside of Vietnam, Young said, “They are hoping they can cash in on ‘tax free money’ for health issues that originate from lifestyles and aging. There was no exposure to Agent Orange or the dioxin, but that does not stop them from concocting exposure stories about Agent Orange hoping that some Congressional member will feel sorry for them and encourage [the VA] to pay them off.”
Many of Young’s outrageous statements and falsehoods are captured in his 2006 history of Agent Orange, published by the Pentagon.
Prescribed burns
A prescribed burn is conducted at Fort Ord.
The Army conducts prescribed burns at Fort Ord and they have announced that the next burn may be in 2025. The Army uses drip torches (a mix of diesel and gasoline) to create controlled flame lines. It also deploys vehicle-mounted flame throwers for large-scale burns.
The Army says these activities at Fort Ord facilitate continued munitions “clean-up.” Thick vegetation like the poison oak can make it difficult to locate and safely remove unexploded bombs littered throughout the base. Burning causes the weapons to explode, reducing the number of live munitions left in the area. By burning off dense brush and grass, explosive ordnance disposal teams can better identify and clear hazardous munitions.
When weapons explode they produce airborne hazardous chemicals such as lead, arsenic, barium chromate, TNT, RDX, HMX, perchlorate, and other energetic materials which, when burned or detonated in the open air, release a variety of hazardous pollutants including heavy metals, dioxins, and furans. The result is unnecessary, unimaginable human suffering.
People must be told to shelter indoors or leave the area when the Army lights the match. Downwinders are endangered. This is no time for children to play in the back yard.
Areas sprayed with Agent Orange may still contain dangerous levels of dioxin in the soil. Burning could release dioxin into the air. Agent Orange’s carcinogenic toxic component, TCDD (dioxin), is highly persistent and can bind to soil and organic matter. The dioxin sprayed during the early years of the Korean War may still be present.
The temperatures reached in a typical prescribed burn may not be high enough to completely destroy dioxin. High-temperature incineration over 1000°C is typically required to fully destroy dioxin. Average surface fires reach temperatures around 800 degrees Celsius.
Burning Poison Oak is also dangerous. The smoke can carry urushiol particles into the lungs, leading to severe allergic reactions, inflammation, and difficulty breathing. Urushiol is the toxic resin found in poison oak. It is the substance responsible for causing itchy, blistering skin rashes in most people who come into contact with it. The smoke can also cause skin rashes and eye irritation. Individuals with asthma, COPD, or other lung conditions are especially vulnerable. There’s plenty of anecdotal evidence from people who spent time at Fort Ord claiming they experienced severe poison oak symptoms but can’t recall having contact with the plant.
The Army says there’s really not too much to be concerned about controlled burns.
I wouldn’t live there.
The area to be conveyed is north of Eucalyptus Drive, east of Gen. Jim Moore Blvd, and south of the Fitch Park community of residential housing.
Our 70-acre parcel is overlapped by Parcel 176 south of Eucalyptus Road. The area is characterized by unexploded ordinance and/or explosive waste.
A portion of Parcel E20c.1 was categorized as disqualified due to a probable release of hazardous substances indicated by the presence of several drums. The original contents or remains are unidentified. One spilled drum of Agent Orange spells disaster in someone’s new neighborhood or park.
Another part of Parcel E20c.1 was designated by the Army as uncontaminated; however, the EPA, when it still had a degree of legitimacy, was unable to concur because of the potential presence of residual pesticides and herbicides at the golf course.
We know from the Fort Ord Contamination Action Group that the pesticides shown here were used at Fort Ord. The combined impact on all biological life is a great holocaust. Fort Ord is a place of deadly synergistic energies.
Weed-Rhap and Silvex contained 2,4,5-T, and the dioxin in Agent Orange.
2,4,5-T contains 2,3,7,8-tetrachlorodibenzo-p-dioxin, (TCDD). It is known as dioxin, and it is the greatest human slayer and perpetrator of gruesome birth defects. It destroys humanity.
The Army used some nasty stuff that sticks around. I wouldn’t want to build a home at the former Fort Ord site. I’d rather be in Maryland where the Navy pollutes the sea.
Truth won’t be broadcast because the 4th estate is along for the ride.
While you're strolling down the fairway
Showing no remorse
Glowing from the poisons
They've sprayed on your golf course
While you're busy sinking birdies
And keeping your scorecard
The devil's been busy in your backyard
- The Travelling Wilburys
The Army tells it like this around the world: “The Army investigated the suspected release area, removed the debris, conducted a literature review, and interviewed Army contractors and staff associated with the site. Through this process, the Army determined there was no evidence of storage, release or disposal of hazardous substances on the site and no further action was necessary.”
Forrest Gump: “So then I got a call from Lt. Dan saying we don't have to worry about money no more. And I said, that's good! One less thing.”
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Most of the content in this piece was take from the Fort Ord Cleanup Site
https://www.fortordcleanup.com/documents/search/
https://docs.fortordcleanup.com/ar_pdfs/AR-OTH-259B/OTH-259B.pdf