HomeMy WebLinkAbout113-08 RESOLUTION•
RESOLUTION NO. 113-08
A RESOLUTION TO ACCEPT APPROXIMATELY 3.5 ACRES
FROM LOT 28E AND LOT 25E OF THE SOUTH INDUSTRIAL
PARK TO BE ATTACHED TO LOT 29E
WHEREAS, if a lot line adjustment is approved, Bioengineering Resources, Inc desires
to convey without charge to the City approximately 3 5 acres of Lot 28E and Lot 25E of the
South Industrial Park back to the City to be attached to Lot 29E.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS*
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to
accept the conveyance of that portion of Lot 28E and Lot 25E as designated by an approved Lot
Line Adjustment or Adjustments to be attached to Lot 29E of the South Industrial Park.
PASSED and APPROVED this 20th day of May, 2008.
APPROVED:
By
ATTEST.
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411
DAN COODY, Mayor
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SONDRA E. SMITH, City Clerk/Treasurer
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AGENDA REQUEST
FOR: COUNCIL MEETING OF MAY 20, 2008
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FROM:
MAYOR DAN COODY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO ACCEPT APPROXIMATELY ONE ACRE FROM LOT 28E OF THE
SOUTH INDUSTRIAL PARK TO BE ATTACHED TO LOT 29E
APP ^. VED FOR AGENDA:
i u ssom‘s
D ' N COODY
Mayor
Kit Williams
City Attorney (as to form)
Date
5f/3 dog
Date
RESOLUTION NO.
A RESOLUTION TO ACCEPT APPROXIMATELY ONE
ACRE FROM LOT 28E OF THE SOUTH INDUSTRIAL
PARK TO BE ATTACHED TO LOT 29E
WHEREAS, if a lot line adjustment is approved, a new business enterprise desires to
convey without charge to the City approximately one acre of the ten acre parcel, Lot 28E of the
South Industrial Park back to the City to be attached to Lot 29E.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to
accept the conveyance of that portion of Lot 28E as designated by an approved Lot Line
Adjustment to be attached to Lot 29E of the South Industrial Park.
PASSED and APPROVED this 20th day of May, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E SMITH, City Clerk/Treasurer
FAYETTEVILLE
THE CRY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CrrY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
•
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney
DATE: May 19, 2008
RE• Resolution To Accept The Reconveyance Of Land Polluted
With Ash From Old Fayetteville Incinerator
RECEIVED
MAY 19 2008
CITY OF FAYETTEVILLE
OFFICE
The surveyors working for Bioengineering Resources, Inc. have discovered
that the buried ash covers a larger portion of their site than originally believed
Therefore, I have amended the proposed Resolution to include both lots purchased
by Bioengineering Resources, Inc. from the City (Lot 25E and Lot 28E) and
Increased the estimated size from one acre to 3:5 acres
Also attached is the Limited Soil Sampling and Analysis report issued by
Environmental Enterprise Group, Inc. which analyzed Lot 29E (2.9 acres) which
was thought to be the primary location of the buried ash The ash was analyzed.
"All of the identified metal values were below the U.S EPA Region 6 Industrial
Risk Based Soil Screening Levels ... except for lead concentration .... (T)he lead
concentration does not exhibit the characteristics of a hazardous waste for the ash
sample collected."
"Based on the results of the investigation, there are no
constituents in the ash above the regulatory limits for
characterization as a hazardous waste ...."
The report recommends leaving the ash in place and covering it with a two
foot thick layer of compacted clay/gravel at a cost of about $125,000.00.
RESOLUTION NO.
A RESOLUTION TO ACCEPT APPROXIMATELY 3.5 ACRES
FROM LOT 28E AND LOT 25E OF THE SOUTH INDUSTRIAL
PARK TO BE ATTACHED TO LOT 29E AND 26E
WHEREAS, if a lot line adjustment is approved, Bioengineering Resources, Inc. desires
to convey without charge to the City approximately 3.5 acres of Lot 28E and Lot 25E of the
South Industrial Park back to the City to be attached to Lot 29E and Lot 26E.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to
accept the conveyance of that portion of Lot 28E and Lot 25E as designated by an approved Lot
Line Adjustment or Adjustments to be attached to Lot 29E and Lot 26E of the South Industrial
Park.
PASSED and APPROVED this 20th day of May, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
•
LIMITED SOIL SAMPLING AND ANALYSIS
Fayetteville Industrial Park
Lot 29E
Fayetteville, Arkansas
EEG Project #05-0115-093
1.0 SUMMARY
Environmental Enterprise Group, Inc. (EEG) was contracted by McClelland Consulting Engineers to
perform a Phase II, Limited Soil Sampling and Analysis for Lot 29E in the Fayetteville Industrial Park.
The subject site is approximately 2.9 acres and is owned by the City of Fayetteville. The investigation
was performed in general accordance with the scope of work outlined in our proposal #P05-224 dated
October 25, 2005.
The subsurface investigation work involved evaluating the lateral and vertical extent of incinerator ash
historically deposited on the property as a result of the burning of solid waste by the City of Fayetteville
and to determine if the ash is a hazardous waste or an environmental impairment to the Property. The
project work was to also estimate appropriate remediation or disposal cost based on the characterization
of the ash as determined by the analytical results. The incinerator ash was analyzed for the presence of 13
Priority Pollutant Metals (Antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel,
selenium, silver, thallium, zinc, and mercury); TCLP Metals (arsenic, barium, cadmium, chromium, lead,
selenium, silver, and mercury); TCLP Volatiles and Semi -Volatiles; Total Pesticides and Total PCBs;
Total Herbicides; and Total Dioxin.
The investigation consisted of installing seventeen (17) borings utilizing a Geoprobe Direct Push System.
The borings were completed to a depth of 4 feet up to approximately 11 feet below surface grade. The
soil samples were collected continuously in the boring for lithologic and/or ash sampling purposes. One
background boring (Boring BG) was installed on the southeast portion of the site for collection and
analysis of 13 Priority Pollutant Metals. Sixteen (16) borings (B1 through B16) were installed on the
westem portion of the site in the area of the ash deposition. Eleven (11) of the 16 borings encountered
ash and a composite ash sample was collected and submitted for analysis.
Limited Soil Sampling and Analysis
Fayetteville Industrial Park, Lot 29E, Fayetteville, Arkansas 2
11
11
11
11
11
l■
11
11
11
1
11
11
11
•11
11
11
Based on previous environmental information provided by McClelland Engineers Inc. the western
portion of Lot 29 E was historically used to deposit and spread incineration ash from a former municipal
solid waste incinerator located on southerly adjacent property. The lateral and vertical extent of the ash
was determined by the borings installed on the site and the 1969 aerial photograph that illustrated the ash
deposition. The ash is estimated to be eight feet in thickness on the western border of the site thinning to
the east to levels of no ash deposition. The site slopes from south to north and the toe of the ash slope is
evident by slag and dumping of old appliances. Based on the results of this investigation it is estimated
that the lateral extent is approximately 200 feet by 150 feet and the estimated amount of volume of ash is
5,660 cubic yards. However, the recent clearing of vegetation and excavation of the ashhas complicated
the estimated amount of ash because of the uneven ground surface. The recent excavation has exposed
the ash in some areas.
The United States Environmental Protection Agency (U.S. EPA) Region 6 Industrial Risk Based Soil
Screening Levels (SSL)- Human Health Media - Specific Screening Levels 2004-2005 was used to
evaluate the laboratory data and prepare the report. The results of the ash analysis indicated detectable
total metal concentrations in the ash sample. All of the identified metal values were below the U.S. EPA
Region 6 Industrial Risk Based Soil Screening Levels (SSL)- Human Health Media - Specific Screening
Levels, except for lead concentration. However the results of the Toxicity Characteristic Leaching
Procedure (TCLP), test Method 1311 indicated the lead concentration does not exhibit the characteristics
of a hazardous waste for the ash sample collected. The results of the ash sample also indicated detectable
concentrations of pesticides and dioxin. Pesticides 4,4' -DDE and 4,4' -DDT and Dioxin (2,3,7,8-TCDD)
were detected in concentrations below the SSL and are not considered elevated for an industrial setting.
No Polychlorinated Biphenyls (PCBs) or herbicides were detected above the laboratory report limit. No
TCLP Volatile or Semi volatile compounds were detected above the laboratory reporting limit for the ash
sample. The analytical data suggests the detectable concentrations as a whole are not considered elevated
above levels expected in an industrial setting with the exception of total lead concentrations.
Limited Soil Sampling and Analysis
Fayetteville Industria! Park, Lot 29E, Fayetteville, Arkansas 3
11
1
1
1
m
11
11
11
i —
Based on the results of the investigation, there are no constituents in the ash above the regulatory limits
for characterization as a hazardous waste as determined by TCLP analysis. Since the lead concentrations
are above applicable SSL, exposure issues should be considered. A portion of the ash is exposed to the
environment as a result of recent excavation. Any plan for redevelopment should consider actions to
reduce potentially unacceptable risk and may require further investigation.
If the ash is to be handled as a solid waste and disposed of in a landfill, it is estimated based on the
amount of ash present, the cost of excavation, transportation, and landfill disposal cost will range
between $275,000.00 and $315,000.00. EEG recommends the option of leaving the ash in place and
providing a clay gravel cap. The cap would be two (2) feet thick compacted clay/gravel that will be
anchored on the down slope side. The estimated budget figure is $100,000.00 to $125,000.00. The
Arkansas Department of Environmental Quality (ADEQ) should be involved and a determination made
as to the appropriate program to complete this project. It is possible that this site would qualify as a
Brownfields site, or it may be considered by ADEQ as a voluntary cleanup program site.
1
Limited Soil Sampling and Analysis 4
Fayetteville Industrial Park, Lot 29E, Fayetteville, Arkansas
•
(5.23.08) Clarice Pearman - Res. 113-08
Page 1
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Coody, Dan; Coody, Dan
5.23.08 1:24 PM
Res. 113-08
113-08 South Ind Park Lots.pdf
CC: Audit; GIS
Mayor:
Attached is a copy of the above resolution regarding the South Industrial Park conveyance of 3.5 acres. Please let me
know If there is anything else needed for this item. Have a good weekend.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpea rman @ci.fayettevi I le.ar, us