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HomeMy WebLinkAbout217-10 RESOLUTIONRESOLUTION NO. 217-10 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE APPLICATION FOR DONATION DEED FOR THE FORMER R & P ELECTROPLATING PROPERTY AND A BROWNFIELDS AGREEMENT WHEREAS, the Arkansas Department of Environmental Quality has performed a $2.4 million clean-up and remediation on the old R & P Electroplating property; and WHEREAS, the corporate owner (Plating Park, Inc.) has failed to pay property taxes on this parcel since 1997 and has thus forfeited the property to the State of Arkansas; and WHEREAS, the $2.4 million lien for such ADEQ remediation cannot be released unless this property is conveyed to a public entity; and WHEREAS, the Fayetteville Parks and Recreation Department desires to receive this property which adjoins other city park Iand for use as outlined in the Application For Donation Deed; and WHEREAS, if a Brownfields Agreement can be achieved, the potential liabilities for the City of Fayetteville for accepting this hazardous waste site will be lessened. 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 authorizes Mayor Jordan to sign the Application For Donation Deed for the Plating Park, Inc. property and deliver the Application to the State Land Commissioner once the City has received the Brownfields Agreement which Mayor Jordan is also authorized to sign. PASSED and APPROVED this 7th day of December, 2010. APPROVED: Bv. IONELD JO ' • '' , Mayor ATTEST: By: 94d 144146 SONDRA E. SMITH, City Clerk/Treasurer T6F?�� fir °c� `Y 0» sGp : FAYETTEVILLE ouhd {Il�/1D Connie Edmonston Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements City Council Meeting Date Agenda Items Only Division Action Required: Mayor Jordan's signature on the application requesting a donation deed for the former R & P Electorplating property from Arkansas Land Commissioners for Parks and Recreational use including a multi -sport field, trail, trail head parking, pavilion, fishing area, and picnicking area. Parks would add the maintenance of this property into the mowing and maintenance schedule. Costs would be absorbed into the 2011 operational budget and capital needs would be addressed in future CIP. See attached application. Parks & Recreation Department Cost of this request Account Number Project Number Budgeted Item $ Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached // c2 y'—iv Date jIzyJc Date 1 c c Finance and Internal Services Director Date of)' Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 11-24-1 0P01:30 R C V D Clerk's Office =yor AV Received in Mayor's Office Comments: gt,048,-/z CD4t;,J. 'll Lio pviA a pyleAu ce, Revised January 15, 2009 evil. ARKANSAS City Council Agenda Memo City Council Meeting Date: December 7, 2010 To: Mayor and Members of the City Council From: Don Marr, Chief of Staff Thru: Mayor Jordan Date: 11-30-2010 Subject: Request for R&P Electroplating Property & Brownfield Agreement Recommendation: The City Staff and Administration recommend on behalf of the Mayor's office that the City Council of the City of Fayetteville, AR pass a resolution to authorize Mayor Jordan to sign the Application for Donation Deed for the Former R & P Electroplating Property and a Brownfield Agreement. Background: The City of Fayetteville, AR was contacted by Ryan Benefield, Deputy Director of ADEQ and Clyde Rhoads, Chief, Hazardous Waste Division of ADEQ seeking the City of Fayetteville's interest in taking the old R&P Electroplating land which was cleaned up by ADEQ for 2.4 million dollars and using the land for a public purpose. ADEQ communicated to the Mayor and staff that they would go with the City of Fayetteville to the Land Commissioners Office in support of the City's request to obtain this land free of charge. The City of Fayetteville will have to agree to allow ADEQ to continue to monitor ground water and protect the three monitoring wells on the site as well as insure that the property is not used for any industrial purposes in the future. A letter of intent to participate in the Brownfield Program has been sent to ADEQ and this initiates ADEQ conducting a Phase I permit, which provides the City of Fayetteville Federal Protection. The Brownfield agreement protects the City of Fayetteville of liability associated with the site's clean-up and prior contamination history with the State of Arkansas. ADEQ anticipates that this will be completed within two weeks. Once the City of Fayetteville has all of the paperwork, and application for the Brownfield Agreement presented and approved by ADEQ, the City will file the paperwork requesting application for donation deed for the previous Plating Park, Inc property now owned by the State of Arkansas. Any future responsibilities of collecting the 2.4 Million dollars spent on clean up would be forgiven by ADEQ since the land would be then utilized by a municipal entity (the City of Fayetteville AR) for a public purpose (Multi Use Park and Trail connection) Additionally the current baseball fields (White River Baseball complex) has a portion of the field that is within the R&P Electroplating surveyed property, and this will clear up that property line issue, and will now show that all of the ball field, and future trail connection, and newly proposed multi -use field will be the property of the City of Fayetteville. This 6 acres of land will link two park areas together. (Combs Park and White River Baseball Park). 113 West Mountain 7270! (479) 575-8323 accessfayetteville.org TDD (Telecommunications Device for the Deaf) (479)-521-1316 Budqet Impact: We believe the budget impact for the City of Fayetteville will be minimal. There will be no cost to the city to obtain/acquire the land, and there is no responsibility of the city to pay back the 2.4 Million Dollars of funds utilized to clean up the land. There will however, be an on-going annual maintenance cost to mow and maintain the multi-purpose field. This area currently has park staff in the area, maintaining the White River Complex and Combs Park, and therefore this will be incorporated into the regular maintenance schedule of these areas. Funds to develop this multi- use park and Trail connection will come from future CIP and HMR Parks Development funds - which at this time have not been committed to this project - because the land has not yet been given to the City of Fayetteville. This will be programmed in future CIP/HMR program request. 113 West Mountain 72701 (479) 575-8323 accessfayettevilie.org TDD (Telecommunications Device for the Deaf) (479)-521-1316 Application for Donation Deed Under A.C.A. §22-6-501 Former R & P Electroplating Property Application submitted by the City of Fayetteville, AR 1. Proposed use of land: The City of Fayetteville is requesting the donation of the former R & P Electroplating property. This land would become a crucial and integral part of the Parks and Recreation park system and would complete a vital link between existing facilities. Compelling reasons to consider this request are described below. See attached map. 1. The property lies between the City's White River Baseball Complex and Combs Park. A portion of one of the existing baseball fields is currently located on the R & P property and the City recognizes the need to acquire the land to obtain ownership of the field to secure future use of the field for the Youth Baseball Program for ages 13 - 18. 2. Ownership of this property would enable the City to obtain an important parcel of land that links the White River Baseball Complex consisting of 49 acres (located north of R & P property) to Combs Park with 80 acres (located south of R & P). The 135 acres of continuous park land joining two existing parks would provide several recreational opportunities for the City along the White River corridor such as a trail, pavilion, and picnicking and fishing area. 3. The Fayetteville Alternative Transportation and Trails Plan includes a multi -use trail traversing the R & P property. Incorporating the R & P site into the Parks and Recreation Department would secure 135 acres of continuous, vital greenway, as well as provide a needed trail and trail head with parking. Other recreational amenities would include a pavilion, picnic area, and a public fishing area. 4. A multi -sport field on this site would provide additional playing fields for soccer, rugby, ultimate frisbee, baseball/softball practice, as well as other possible sports or special events. To meet future field needs, Parks and Recreation has preliminarily discussed the possibility of leasing land on the south side of Pump Station Road from Marshalltown Tools to create a multi -sport complex (which includes the R & P field) in our City's southeast side. Existing concession and restroom facilities located at White River Baseball Complex would support this proposed complex. 2. Duration of use for the stated purposes: 1. White River Baseball Complex will continue operating as long as there is a baseball league for ages 13 to 18. At some point in time, the baseball complex may be used for other age groups or as practice fields. 1 2. Recreational improvements planned for the site will be constructed as funding is available. The trails will initially be blazed in 2011 as nature trails by a volunteer group such as the Boy Scouts. Pump Station Road will be utilized for parking for the trail system, as well as the multi -sport field effective in 2011. Fishing from the bank will be permitted. 3. The Fayetteville Alternative Transportation Trail will be 12 feet wide, will be composed of asphalt/concrete and will replace the initial nature trail. This trail is estimated to be built in the next 5 to10 years depending upon approval of City Council. 4. The multi -sport field will be prepared and seeded for use in 2011. Plans are to upgrade the field in future years when the budget allows, and to irrigate from the White River upon approval of the Corp of Engineers. The multi -sport complex completion date will be determined by public need and a future property lease for additional fields from Marshall Town Tools. See attached map. 3. The division or department designated for the maintenance and operation of the property once deeded: The Fayetteville Parks and Recreation Department will be responsible for the maintenance and recreational programming of this property. It will be routinely maintained and operated as part of the City's parks system in 2011. 4. Date of beginning of construction: Parks and Recreation plans to have a natural trail blazed through this property and to upgrade and reseed the multi -sport field early in 2011. Once the field is ready, it will be programmed for practices and events. The Alternative Transportation Trail is estimated to be built in the next 5 to 10 years depending upon approval of City Council. Other recreational amenities such as the pavilion and picnic table will be added as budget permits. 5. Whether the proposed use includes sale or conveyance of the property to a third party: No sale or conveyance of the property is anticipated. The City would own the property as a park and would be responsible for properly maintaining and upgrading the property for outdoor recreational purposes. Thank you for your consideration of this important request from the City of Fayetteville. If this request is approved, please be assured that the Fayetteville Parks and Recreation Department and the citizens of Fayetteville would benefit from this generous donation of property. 2 APPLICATION FOR DONATION DEED UNDER A.C.A. § 22-6-501, AS AMENDED The undersigned hereby requests a Donation Deed under A.C.A. § 22-6-501 to be issued on the following described Real Property in WASHINGTON County. Parcel Number: 765-19950-000 Code / Year: 31-4 1997 Record owner as certified: PLATING PARK, INC. Description: DISTRICT 11- Under Investigation for Haz, Waste Contamination by DEQ Acreage: 0 Lot: 12 City: FAYETTEVILLE Addition: INDUSTRIAL PARK FINAL REPLAT The above referenced property was forfeited to the Commissioner of State Lands for the nonpayment of ad valorem real estate taxes for the year 1997. Please address the following requirements, attach extra sheet or plan if necessary. The name of the government agency or office to whom title should be conveyed: City of Fayetteville, AR Please attach a statement including the following information: 1) Proposed use of land; 2) Duration of use for the stated purpose; 3) The division or department designated for the maintenance and operation of the property once deeded; 4) Date of beginning of construction, if applicable; 5) And, whether the proposed use includes sale or conveyance of the property to a third party You may also include any maps, plats, drawings or plans detailing the proposed use as well as any information regarding financing of the construction and maintenance of the project. The undersigned states that it understands the following: The Commissioner of State Lands is authorized to accept the application as submitted or recommend modifications to the application. The Commissioner of State Lands is further empowered to disallow any application determined by the Commissioner to be contrary to the best interests of the health and general welfare of the state and its citizens. The deed issued by the Commissioner of State Lands to a state department or agency, state institution, city, county or school district under A.C.A. § 22-6-501, as amended, may contain restrictive covenants or reservations stating that should the governmental unit no longer desire to use the land for the proposed use stated in the application, said governmental unit shall submit a subsequent letter of application to the Commissioner of State Lands to request change in the use of the property, and the Commissioner of State Lands shall accept, modify, or disallow the request. Moreover, should the governmental unit determine that the property can no longer be utilized, the property shall revert to the State. In no case shall the property be sold or donated by the governmental entity unless otherwise ated and appro-ed by the Commissioner in this application. yA Autl9'6rized signature cdovernmental Unit Date Lioneld Jordan, Mayor City of Fayettevi#le, AR Printed Name and Title Mail To: City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE APPLICATION FOR DONATION DEED FOR THE FORMER R & P ELECTROPLATING PROPERTY AND A BROWNFIELDS AGREEMENT WHEREAS, the Arkansas Department of Environmental Quality has performed a $2.4 million clean-up and remediation on the old R & P Electroplating property; and WHEREAS, the corporate owner (Plating Park, Inc.) has failed to pay property taxes on this parcel since 1997 and has thus forfeited the property to the State of Arkansas; and WHEREAS, the $2.4 million Iien for such ADEQ remediation cannot be released unless this property is conveyed to a public entity; and WHEREAS, the Fayetteville Parks and Recreation Department desires to receive this property which adjoins other city park land for use as outlined in the Application For Donation Deed; and WHEREAS, if a Brownfields Agreement can be achieved, the potential liabilities for the City of Fayetteville for accepting this hazardous waste site will be lessened. 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 authorizes Mayor Jordan to sign the Application For Donation Deed for the Plating Park, Inc. property and deliver the Application to the State Land Commissioner once the City has received the Brownfields Agreement which Mayor Jordan is also authorized to sign. PASSED and APPROVED this 7th day of December, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ARKANSAS www.accessfayetteville.org Departmental Correspondence MEMORANDUM TO: DON MARK, CHIEF OF STAFF CONNIE EDMONSTON, PARKS DIRECTOR FROM: JASON B. KELLEY, ASST. CITY ATTORNEY CC: KIT WILLIAMS, CITY ATTORNEY RE: R&B ELECTROPLATING PROPERTY DATE: NOVEMBER 22, 2010 LEGAL DEPARTMENT Kit Williams City Attorney Jason B. Kelley Assistant City Attorney Assuming assurances by the Arkansas Department of Environmental Quality (ADEQ) and the state Land Commissioner's office are maintained, the City's acquisition of the former R&B Electroplating property should be a positive experience for the City of Fayetteville and a benefit to the City's residents. But as we discussed previously, there are risks in the proposal. My initial concern is that by taking title to the property before completion of the ADEQ Brownfields Program application and implementing agreement, a chance exists that if environmental concerns are discovered on the property between the time the City takes title and completion of the Brownfields process, the City, as owner, could be liable for additional cleanup or remediation costs. I understand that the risk is slight, given that ADEQ itself performed $2.4 million in remediation on the property, but the risk is still there and should be disclosed. Secondly, after the Phase I site assessment is completed, the City and ADEQ will negotiate an implementing agreement which would define any City obligation regarding future environmental concerns on the property and, in return, provide the City with liability protection from environrnentaI issues on the site for any pre-existing conditions. Should problems be detected prior to finalization of the process, ADEQ could require the City to perform additional remediation in exchange for the liability protection. This would equate to unanticipated expense. Again, this is a slight risk given that ADEQ would likely be hesitant to criticize its own cleanup effort, but the possibility remains. Since the City has decided to initiate the process to obtain the land, I have emailed ADEQ to request the required application information we don't know. I have also requested a list of the deed restrictions ADEQ will want the Land Commissioner to include. When I get a response, I will forward it to each of you. S)alreattlie PARK PLANNING DIVISION 14'56 I. HAPPY HOLLOW ROA R & P ELECTROPLATING SITE PLAN t �wsM4 ...Ph rs NA1.14,1. i 1W1L e PARK PLANNING DIVISION 145$ S. NAPPY NOHOW ROAD MDR FA MULTI -USE FIELDS SITE PLAN lJTU ADEQ ARKANSAS Department of Environmental Quality December 1.2010 The City Of Fayetteville Attention: Mayor Lionelcl Jordan 113 Wrest Mountain Fayetteville, Arkansas 72701 c: V L-_ 20 MAYOR'S 011HCF: Re: Letter of Intent to Purchase and Enter into the Brownfields Program the property located at 2000 Pump Station Road, Fayetteville, Washington County, AR, R&P L ectroplating Site, APIN 72-00174 Dear Mayor Jordan: The Arkansas Department of Environmental Quality (ADEQ) has received your Notice of intent to Purchase and request to enter the property located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas in the Arkansas Brownfields Program. ADEQ's review of the information submitted demonstrates that you meet the requirements for participation in the Arkansas Brownfields Program as described in Arkansas Code Annotated (A.C.A.) § 8-7- 1104(a). A Phase I Environmental Site Assessment (ESA) will be provided by our "on call contractors". The ADEQ technical staff will provide free technical assistance and oversight throughout the Brownfields process. The Phase I ESA will be reviewed to make sure it meets the current standards, then, if recommended, a Comprehensive Site Assessment (CSA) will be required to determine the nature and extent of site contamination. ADEQ would like to offer our support in the City's endeavor to acquire the R&P Electroplating Site from the State Land Commissioner which wi]] allow for redevelopment and reuse of the property. We than.k you for your support of the Arkansas Brownfields Program, and look forward to completing this project. Should you have any questions or comments, please feel free to call me at (501) 682-0867 or email to tern made .state.ar.us Sincerely, "Ferry Sligh Brownfields Program Coordinator ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTI-ISHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880 www.odeq.stale,or.us Page 1 of 2 Don Marr - RE: ADEQ - R&P From: "Rhodes, Clyde" <RI-iODESC@adeq.state.ar.us> To: Don Marr <dmarr@ci.fayetteville.ar.us> Date: 12/1/2010 2:03 PM Subject: RE: ADEQ - R&P CC: Jason Kelley<jlcelley@ci.fayetteville.ar.us>, "Sligh, Terry" <TERRY@adeq.state.ar.us> Good afternoon Don, Based upon the Letter of Intent received — Welcome to the Brownfields Program! We have tasked FTN in completing the Phase I. I would hope to receive that by the week of December 13th or sooner. In regards to an "ADEQ Property Lien", ADEQ does not have a property lien recorded for the site. I have tasked Terry Sligh, Brownfields Coordinator, to develop a letter in support of the Land request. We should have that to you by tomorrow. And in regards to groundwater restrictions the language below will be included in an Implementing Agreement; Restricted Uses: No groundwater shall be extracted from beneath the Site for any purpose other than those purposes associated with environmental sampling and testing and remediation of the Site by ADEQ or its Agents. General Restrictions: No alteration to any of the monitoring wells on the Site shall be made without prior written approval issued by ADEQ to the Site owner (City of Fayetteville). Right of Access: ADEQ or its agents are granted access to the Site to conduct sampling of groundwater monitoring wells, or to install additional groundwater monitoring and/or extraction wells if warranted. I believe I have answered all of your questions, please let me know if you have any other questions...thanks Don. Clyde Rhodes Chief, Hazardous Waste Division I 5301 Northshore Drive North Little Rock, AR 72118-5317 (501) 682-0831 From: Don Marr[mailto:dmarr@ci.fayetteville.ar.us] Sent: Wednesday, December 01, 2010 12:51 PM To: Rhodes, Clyde file://C:\Documents and Settings\dmarr\Local Settings\Temp\XPgrpwisel4CF655A3%AYE... 12/6/2010 Page 2 of 2 Cc: Jason Kelley Subject: Fwd: ADEQ - R&P Clyde - Per the request of Ryan and yourself, Attached is the letter from Mayor Jordan requesting our intentions for the Brownfield Agreement. The City Council has been advised by the City Attorney's office in their upcoming vote, to only support the resolution before the City Council for the Mayor to accept the land and provide the Land Commissioner Application requesting the land , Only _after the City has been accepted into the e Brownfields Agreement program and the City has protections both from the State and Federal governmentas it relates to this land _and our responsibilities/requirements. Additionally, the City Attorney's offices has advised that we have something in writing from ADEQ in support of our application to the Land Commissioner for the land, and the requirements (deed restrictions that ADEQ will require), an ADEQ's written confirmation about the property lien for the clean up cost be removed and/or forgiven for the City of Fayetteville if the City receives the land, They would like for us to have in writing some of the commitments that have been communicated verbally at this point. My questions to you are will this letter, now authorize you to begin the Phase 1 work that Ryan said you all would do? Can you send me anything in writing expressing ADEQ's support for the City of Fayetteville to have this land given by the Land Commissioner to the City of Fayetteville and support for our Land request application, and ;lastly, how quickly do you think we can get the accepted into the Brownfield Agreement Program, so that we can request the land donation before the end of the year, since our conversations have been with Land Commissioner Wilcox, and it is our desire to complete this before his term ends. Lastly, ADEQ mentioned deed restrictions, can we get what those restrictions/requirements will be as soon as possible so we can get this into our application/file. Thank you, Don Marr Don Marr If you live in Fayetteville, sign up today to make and track a personal environmental conservation pledge in Fayetteville's national -model program at www.ecoiogicalcommun__ _ities.org Chief of Staff for Mayor Jordan 113 W Mountain Street Fayetteville, AR 72701 Office: 479-575-8330 For TDD: (Telecommunications Device for the Deaf) Dial 479-521-1316 Email: dmarr@ci,.fayetteville.ar,us Website: wwwaccessfayetteville.org »> "City of Fayetteville" <mayorcan.o n@CL,faYetteville.ar.com> 11/30/2010 2:21 PM »> file://C:\Documents and Settings\dmarr\Local Settings\Temp\XPgrpwisel4CF655A3FAYE... 12/6/2010 4.1.1 Site Location and Legal Description The former R&P facility is located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas. The site is located in the Fayetteville Industrial Park in the southeast part of the city. The geographic coordinates measured at the front entrance to the facility are 36° 02' 28" north latitude, 94° 07' 54" west longitude. These coordinates were determined using a Garmin eTrex Legend GPS positioning instrument. The site's legal description follows: Lot 12 of the replat of Fayetteville Industrial Park Subdivision as filed in the circuit clerks office in Fayetteville, Washington County, Arkansas, which is South 198.02 feet and East 2227.60 feet from the Southwest corner of Section 23, said point being on the North right-of-way line of Pump Station Road; thence along said right-of-way S 88° 45' E 340.52 feet; thence N 00° 03' E 738.62 feet; thence N 88° 45' W 340.52 feet; thence S 00° 03' W 738.63 feet to the point of beginning and containing 5.78 acres more or less. 5.1 Operational History The property was used primarily as a chromium metal plating operation from 1974 to May 1997. After cessation of operations, hazardous substances including cyanides, acid plating solutions, various solvents, acids (hydrochloric, sulfuric, and hydrofluoric), caustic soda beads and soda ash, oils, spent solutions and sludge were left in vats, drums, containers, trenches, and sumps. Several companies, including Tyson Foods, Inc. and the Campbell Soup Company, used the buildings and grounds for storage space from 1997 to 2000. The facility was vandalized on August 22, 1998, resulting in a release of an undetermined amount of various hazardous substances. On August 25, 1998, the ADEQ issued a verbal Emergency Order of the Director for the facility owner to secure the site and retain an emergency services contractor. The facility owners failed to comply with the Order. The ADEQ thus issued an Emergency Order of the Director, LIS 98-124, on August 27, 1998, and secured the response services of Haz-MERT Inc. of Lowell, Arkansas, to proceed with all necessary response actionsas detailed in the Order. On January 13, 1999, the Superfund Technical Assessment and Response Team (START) was tasked by Region 6 EPA to provide removal support at the R&P site. Removal actions included waste stream classification and sampling of drums, vats, various containers and materials, trenches, and sumps. Approximately 42,080 gallons of liquid waste and 410,200 pounds of solid/sludge waste were removed from the facility and disposed of at hazardous waste disposal facilities. Piping, conduit, wiring, air ducts, and hallway carpeting were removed. Floors, trenches, and sumps were pressure washed and sealed with XYPEL concrete sealant (Ecology & Environment Inc. 1999a). A number of investigations were conducted between 1998 and 2003 that confirmed the release of industry -related compounds (i.e., heavy metals and solvents) to the environment. Section 9.1 discusses these previous investigations. 5.2 Ownership History Originally known as Plating Park, Inc., R&P Electroplating, Inc. owned the property by at least March 1973 based on a review of Washington County courthouse records. At the present time, the R&P site is in state hands due to non-payment of taxes since 1996. In July 2001, EPA Region 6 placed a federal lien against the property to secure payment for all costs and damages for which R&P Electroplating, Inc. was liable to the United States under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but this lien expired in August 2004. 5.3 Past Environmental Regulatory Involvement A review of the ADEQ files for R&P Electroplating, Inc. indicated that the facility at 2000 Pump Station Road had been issued EPA ID #ARD035560507. While in operation the facility held permits, violated permit conditions, and was subject to legal actions, as discussed in this section. 5.3.1 Permits, Licenses, and Certificates The R&P facility filed as a large quantity generator of hazardous wastes, including filter cake containing metal hydroxides and chromium toxicity (F006 and D007), cyanide solutions and solids (F009, D003, D007), zinc solutions and solids sludge (D002), and spent 1,1,1- trichloroethane (F001) (R&P 1995, 1996, and 1997). R&P obtained a NPDES Storm Runoff Permit (Permit No. ARROOA 147) in November 1992. The permit was voided on July 21, 1999. During operations, R&P discharged wastewater to the city's wastewater treatment plant (WWTP) under Permit No.C9201 R. 5.3,2 Investigation and Inspection Reports The ADEQ conducted a number of hazardous waste inspections between 1983 and 1996 and, in some cases, noted violations of Arkansas Regulation 23. The sequence of inspections based on available information follows: 1. Based on a September 21, 1983 inspection, THE ADEQ notified R&P to correct three deficiencies on October 10, 1983 (Ecology & Environment, Inc. 2000). 2. The ADEQ conducted another inspection on February 24, 1987 (Ecology & Environment, Inc. 2000). 3. On June 17, 1993, the ADEQ conducted a Compliance Evaluation Inspection (CEI) documenting 16 alleged instances of non-compliance. On August 19, 1993, the ADEQ advised the U.S. Department of Labor, Occupational Safety and Health Administration (USDOL-OSHA) of the inspection results. A complete list of violations is included on pages 2 through 4 of the RCRA Inspection Site Identification, dated June 17, 1993 (ADPCE 1994). 4. May 21, I996 and July 18, 1996, CEIs noted three violations of Arkansas Regulation 23. ADEQ subsequently issued a Notice of Violation (LIS 97-165) on December 3, 1997, requiring R&P to complete an inventory and assess the extent of environmental contamination at the facility (ADPCE 1997). Discharges from the plant to the wastewater treatment facility exceeded the metal limits that had been established for them under City of Fayetteville Industrial Pretreatment Program (OMI 2005) on several occasions during the years of 1994, 1995, and 1996. These violations resulted in investigation and subsequent fines against R&P. On August 5, 1997, representatives from the city's WWTP conducted an inspection as the facility was closing {per comm Denise Georgiou). They inventoried chemicals and wastes stored in the facility and identified the presence of various hazardous substances. 5.3.3 Legal Actions A review of the ADEQ files indicated a Consent Administrative Order (CAO -LIS 94-157) had been executed (CAO) pertaining to June 17, 1993, CEI (ADPCE 1994). In addition, the ADEQ sent a number of letters (dated March 18, 1997, April 17, 1997, June 11, 1997, September 4, 1997, September 8, 1997, and December 17, 1997) to R&P, advising them of the May 21, 1996 and July 18, 1996, inspection findings, notice of non-compliance, offer of settlement, response to information requests, and revised offer of settlement (Ecology & Environment, Inc. 2000). On or near the evening of August 22, 1998, the facility was vandalized and an undetermined amount of various hazardous substances were released. The local fire department responded and the ADEQ was notified on August 24, 1998. The release or threatened future release of hazardous substances potentially presented an imminent and substantial endangerment to public health, safety or welfare or to the environment, thus, on August 25, 1998, the ADEQ verbally issued an Emergency Order of the Director, followed by a written Order {LIS 98-124) dated August 27, 1998. The Emergency Order provided for an immediate response action to control the release of various hazardous substances at the site. R&P, however, failed to secure response services as required by the Emergency Order, so the ADEQ subsequently procured the services of an emergency response contractor, Haz-MERT, Inc., to containerize and remove all hazardous substances associated with the facility and secure the facility (ADPCE 1998). A subsequent CAO (LIS 98-159) was signed on November 10, 1998, identifying this action's potentially responsible parties, Mr. Frank C. Pummill, Mr. Arthur R. Pummill and R&P Electroplating, and addressing the issue of cost recovery. P , . s:'._' r e p t Li t r ADEQ ARKANSAS Department of Environmental Quality December 1, 2010 The City Of Fayetteville Attention: Mayor Lioneld Jordan 113 gest Mountain Fayetteville, Arkansas 72701 RECEIVED DEC 0 3 2010 on? OF FAY TEVILLE MAYORS OFFICE: IC:E: Re: better of Intent to Purchase and Enter into the Brownficlds Program the property Located at 2000 Pump Station Road, Fayetteville, Washington County, AR, R&P Electroplating Site. MIN 72-00174 Dear Mayor Jordan: The Arkansas Department of Environmental Quality (ADEQ) has received your Notice of Intent to Purchase and request to enter the property located al 2000 Pump Station Road, Fayetteville, Washington County, Arkansas in the Arkansas Brownfields Program. ADEQ's review of the information submitted demonstrates that you meet the requirements for participation in the Arkansas Brownfields Program as described in Arkansas Code Annotated (A.C.A.) § 8-7- 1104(a), A Phase I Environmental Site Assessment (ESA) will be provided by our "on call contractors". The ADEQ technical staff will provide free technical assistance and oversight throughout the Brownfields process. The Phase I ESA will be reviewed to make sure it meets the current standards, then, if recommended, a Comprehensive Site Assessment (CSA) will he required to determine the nature and extent of site contamination. ADEQ. would like to offer our support in the City's endeavor to acquire the R&P Electroplating Site from the State Land Commissioner which will allow for redevelopment and reuse of the property. We thank you for your support of the Arkansas Brownfields Program, and look forward to completing this project. Should you have any questions or comments, please feel free to call me at (501) 682-0867 or email to terrynadeq.state.ar.us Sincerely, Terry Sligh .Brownfields Program Coordinator ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 721 18-531 7 / TELEPHONE 501-682-0744 / FAX 501-682-0880 www.adeq.siate.or.us Page 1 of 2 Don Marr - RE: ADEQ - R&P From: "Rhodes, Clyde" <RHODESC@adeq.state.ar.us> To: Don Marr <dmarr@ci.fayetteville.ar.us> Date: 12/I/2010 2:03 PM Subject: RE: ADEQ - R&P CC: Jason Kelley<jkelley@ci.fayetteville.ar.us>, "Sligh, Terry" <TERRY cr adeq.state.ar.us> Good afternoon Don, Based upon the Letter of Intent received — Welcome to the Brownfields Program! We have tasked FTN in completing the Phase I. I would hope to receive that by the week of December 13th or sooner. In regards to an "ADEQ Property Lien", ADEQ does not have a property lien recorded for the site. I have tasked Terry Sligh, Brownfields Coordinator, to develop a letter in support of the Land request, We should have that to you by tomorrow. And in regards to groundwater restrictions the language below will be included in an Implementing Agreement; Restricted Uses: No groundwater shall be extracted from beneath the Site for any purpose other than those purposes associated with environmental sampling and testing and remediation of the Site by ADEQ or its Agents. General Restrictions: No alteration to any of the monitoring wells on the Site shall be made without prior written approval issued by ADEQ to the Site owner (City of Fayetteville). ght of Access: ADEQ or its agents are granted access to the Site to conduct sampling of groundwater monitoring wells, or to install additional groundwater monitoring and/or extraction wells if warranted. I believe I have answered all of your questions, please let me know if you have any other questions...thanks Don. Clyde Rhodes Chief, Hazardous Waste Division 5301 Northshore Drive North Little Rock, AR 72118-5317 (501) 682-0831 From: Don Marr [mailto:dmarr©ci.fayetteville.ar.us] Sent: Wednesday, December 01, 2010 12:51 PM To: Rhodes, Clyde file://C:\Documents and Settingsldmarr\Local Settings\Temp\XPgrpwise14CF655A3FAYE... 12/6/2010 Page 2 of 2 Cc: Jason Kelley Subject: Fwd: ADEQ - R&P Clyde - Per the request of Ryan and yourself, Attached is the letter from Mayor Jordan requesting our intentions for the Brownfield Agreement. The City Council has been advised by the City Attorney's office in their upcoming vote, to only support the resolution before the City Council for the Mayor to accept the land and provide the Land Commissioner Application requesting the land , On_€_y_after the City_ has. been acre_pted..into the 8rownfieldsAgreement program and the City_has_protectionsboth from the State and_ Federal government as it relates to this land and our responsibilities/requirements. Additionally, the City Attorney's offices has advised that we have something in writing from ADEQ in support of our application to the Land Commissioner for the land, and the requirements (deed restrictions that ADEQ will require), an ADEQ's written confirmation about the property lien for the clean up cost be removed and/or forgiven for the City of Fayetteville if the City receives the land. They would like for us to have in writing some of the commitments that have been communicated verbally at this point. My questions to you are will this letter, now authorize you to begin the Phase 1 work that Ryan said you all would do? Can you send me anything in writing expressing ADEQ's support for the City of Fayetteville to have this land given by the Land Commissioner to the City of Fayetteville and support for our Land request application, and ,lastly, how quickly do you think we can get the accepted into the Brownfield Agreement Program, so that we can request the land donation before the end of the year, since our conversations have been with Land Commissioner Wilcox, and it is our desire to complete this before his term ends. Lastly, ADEQ mentioned deed restrictions, can we get what those restrictions/requirements will be as soon as possible so we can get this into our application/file. Thank you, Don Marr Don Marr if you live in Fayetteville, sign up today to make and track a personal environmental conservation pledge in Fayetteville`s national -model program at www.ecologicalcommunities.org Chief of Staff for Mayor Jordan 113 W Mountain Street Fayetteville, AR 72701 Office: 479-575-8330 For TDD: (Telecommunications Device for the Deaf) Dial 479-521-1316 Email: dmarr(@ci.fay_etteville.ar.us Website: www.accessfayetteville.orq »> "City of Fayetteville"<mayorcanon@CI.fayetteville.ar.com> 11/30/2010 2:21 PM »> f le://C:\Documents and Settings\dnnarr\Local Settings\Temp\XPgrpwise14CF655A3FAYE... 12/6/2010 4.1.1 Site Location and Legal Description The former R&P facility is located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas. The site is located in the Fayetteville Industrial Park in the southeast part of the city. The geographic coordinates measured at the front entrance to the facility are 36° 02' 28" north latitude, 94° 07 54" west longitude. These coordinates were determined using a Garmin eTrex Legend GPS positioning instrument. The site's legal description follows: Lot 12 of the replat of Fayetteville Industrial Park Subdivision as filed in the circuit clerks office in Fayetteville, Washington County, Arkansas, which is South 198.02 feet and East 2227.60 feet from the Southwest corner of Section 23, said point being on the North right-of-way line of Pump Station Road; thence along said right-of-way S 88° 45' E 340.52 feet; thence N 00° 03' E 738.62 feet; thence N 88° 45' W 340.52 feet; thence S 00° 03' W 738.63 feet to the point of beginning and containing 5.78 acres more or less. 5.1 Operational History The property was used primarily as a chromium metal plating operation from 1974 to May 1997. After cessation of operations, hazardous substances including cyanides, acid plating solutions, various solvents, acids (hydrochloric, sulfuric, and hydrofluoric), caustic soda beads and soda ash, oils, spent solutions and sludge were left: in vats, drums, containers, trenches, and sumps. Several companies, including Tyson Foods, Inc. and the Campbell Soup Company, used the buildings and grounds for storage space from 1997 to 2000. The facility was vandalized on August 22, 1998, resulting in a release of an undetermined amount of various hazardous substances. On August 25, 1998, the ADEQ issued a verbal Emergency Order of the Director for the facility owner to secure the site and retain an emergency services contractor. The facility owners failed to comply with the Order. The ADEQ thus issued an Emergency Order of the Director, LIS 98-124, on August 27, 1998, and secured the response services of Haz-MERT Inc. of Lowell, Arkansas, to proceed with all necessary response actionsas detailed in the Order. On January 13, 1999, the Superfund Technical Assessment and Response Team (START) was tasked by Region 6 EPA to provide removal support at the R&P site. Removal actions included waste stream classification and sampling of drums, vats, various containers and materials, trenches, and sumps. Approximately 42,080 gallons of liquid waste and 410,200 pounds of solid/sludge waste were removed from the facility and disposed of at hazardous waste disposal facilities. Piping, conduit, wiring, air ducts, and hallway carpeting were removed. Floors, trenches, and sumps were pressure washed and sealed with XYPEL concrete sealant (Ecology & Environment Inc. 1999a). A number of investigations were conducted between 1998 and 2003 that confirmed the release of industry -related compounds (i.e., heavy metals and solvents) to the environment. Section 9.1 discusses these previous investigations. 5.2 Ownership History Originally known as Plating Park, Inc., R&P Electroplating, Inc. owned the property by at least March 1973 based on a review of Washington County courthouse records. At the present time, the R&P site is in state hands due to non-payment of taxes since 1996. In July 2001, EPA Region 6 placed a federal lien against the property to secure payment for all costs and damages for which R&P Electroplating, Inc. was liable to the United States under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but this lien expired in August 2004. 5.3 Past Environmental Regulatory Involvement A review of the ADEQ files for R&P Electroplating, Inc. indicated that the facility at 2000 Pump Station Road had been issued EPA ID #ARD035560507. While in operation the facility held permits, violated permit conditions, and was subject to legal actions, as discussed in this section. 5.3.1 Permits, Licenses, and Certificates The R&P facility filed as a large quantity generator of hazardous wastes, including filter cake containing metal hydroxides and chromium toxicity (F006 and D007), cyanide solutions and solids (F009, D003, D007), zinc solutions and solids sludge (D002), and spent 1,1,1- trichloroethane (F001) (R&P 1995, 1996, and 1997). R&P obtained a NPDES Storm Runoff Permit (Permit No. ARROOA 147) in November 1992. The permit was voided on July 21, 1999. During operations, R&P discharged wastewater to the city's wastewater treatment plant (WWTP) under Permit No.C920IR. 5.3.2 Investigation and Inspection Reports The ADEQ conducted a number of hazardous waste inspections between 1983 and 1996 and, in some cases, noted violations of Arkansas Regulation 23. The sequence of inspections based on available information follows: 1. Based on a September 21, 1983 inspection, THE ADEQ notified R&P to correct three deficiencies on October 10, 1983 (Ecology & Environment, Inc. 2000). 2. The ADEQ conducted another inspection on February 24, 1987 (Ecology & Environment, Inc. 2000). 3. On June 17, 1993, the ADEQ conducted a Compliance Evaluation Inspection (CEI) documenting 16 alleged instances of non-compliance. On August 19, 1993, the ADEQ advised the U.S. Department of Labor, Occupational Safety and Health Administration (USDOL-OSHA) of the inspection results. A complete list of violations is included on pages 2 through 4 of the RCRA Inspection Site Identification, dated June 17, 1993 (ADPCE 1994). 4. May 21, 1996 and July 18, 1996, CEIs noted three violations of Arkansas Regulation 23. ADEQ subsequently issued a Notice of Violation (LIS 97-165) on December 3, 1997, requiring R&P to complete an inventory and assess the extent of environmental contamination at the facility (ADPCE 1997). Discharges from the plant to the wastewater treatment facility exceeded the metal limits that had been established for them under City of Fayetteville Industrial Pretreatment Program (OMI 2005) on several occasions during the years of 1994, 1995, and 1996. These violations resulted in investigation and subsequent fines against R&P. On August 5, 1997, representatives from the city's WWTP conducted an inspection as the facility was closing (per conirn Denise Georgiou). They inventoried chemicals and wastes stored in the facility and identified the presence of various hazardous substances. 5.3.3 Legal Actions A review of the ADEQ files indicated a Consent Administrative Order (CAO-LIS 94-157) had been executed (CAO) pertaining to June 17, 1993, CET (ADPCE 1994), In addition, the ADEQ sent a number of letters (dated March 18, 1997, April 17, 1997, June 11, 1997, September 4, 1997, September 8, 1997, and December 17, 1997) to R&P, advising them of the May 21, 1996 and July 18, 1996, inspection findings, notice of non-compliance, offer of settlement, response to information requests, and revised offer of settlement (Ecology & Environment, Inc. 2000). On or near the evening of August 22, 1998, the facility was vandalized and an undetermined amount of various hazardous substances were released. The local fire department responded and the ADEQ was notified on August 24, 1998. The release or threatened future release of hazardous substances potentially presented an imminent and substantial endangerment to public health, safety or welfare or to the environment, thus, on August 25, 1998, the ADEQ verbally issued an Emergency Order of the Director, followed by a written Order (LIS 98-124) dated August 27, 1998. The Emergency Order provided for an immediate response action to control the release of various hazardous substances at the site. R&P, however, failed to secure response services as required by the Emergency Order, so the ADEQ subsequently procured the services of an emergency response contractor, Haz-MERT, Inc., to containerize and remove all hazardous substances associated with the facility and secure the facility (ADPCE 1998). A subsequent CAO (LIS 98-159) was signed on November 10, 1998, identifying this action's potentially responsible parties, Mr. Frank C. Pummill, Mr. Arthur R. Pummill and R&P Electroplating, and addressing the issue of cost recovery. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements n/a City Council Meeting Date Agenda Items Only Connie Edmonston Parks & Recreation Submitted By Division Department R&P n/a $ - Cost of this request Category I Project Budget Program Category / Project Name Account Number Funds Used to Dale Program I Project Category Name Project Number Budgeted Item Remaining Balance Budget Adjustment Attached !.1J Fund Name 12/5/2011 Previous Ordinance or Resolution # 217-10 Date ', - s // Date Original Contract Date: Original Contract Number: Finance and Internal Services Director Date Received in City1 2-05-] 1 P03 2 6 R C V D Clerk's Office " Chie f S Date Received in Mayor's Office Ma r Da e Comments: Revised January 15, 2009 • a eLle, VO C ARK INTERDEPARTMENTAL MEMO To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: Connie Edmon Parks & Recreation Director Date: December 5, 2011 Subject: ADEQ Implementing Agreement for R & P THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE PROPOSAL: For the past year, the City has been. working with the Arkansas Land Commission and Department of Environmental Quality (ADEQ) to transfer 5.78 acres of the former R & P Electroplating property located on 2000 Pump Station Road to the City of Fayetteville. This land would be used as part of our City Parks and Recreation System for a multi -sport field, trail, trail head parking, pavilion, fishing area and picnicking area. A portion of one of the existing baseball fields at White River Baseball Complex is located on this property and ownership of this property would secure future use of the fields for the Youth Baseball Program for ages 13 to 18. Ownership of this property would enable the City to obtain an important parcel of land that links the White River Baseball Complex consisting of 49 acres (located north of R & P property) to Combs Park with 80 acres (located south of R & P). The 135 acres of continuous park land joining two existing parks would provide several recreational opportunities for the City along the White River corridor. In addition, this land would secure 135 acres of continuous, vital greenway for a multi -use trail and trail head parking area according to the adopted Fayetteville Alternative Transportation and Trails Plan. City Council approved Resolution Number 217-10 on December 7, 2010 to authorize Mayor Jordan to sign the application for donation deed for this property and a Brownfields Agreement. The City Attorney's office has been working with ADEQ to initiate this program. On September 13, 2011, Jason Kelley, Assistant City Attorney, received a letter from ADEQ Legal Division confirming that all environmental clean-up activities have been completed and that no further remediation at the site will be necessary for the City to complete the Brownfields Program for this property. The letter further stated "the site has been remediated to residential screening levels indicating the future sue of the site will be unrestricted regarding redevelopment." (See attached letter.) The City has submitted a Notice of Intent to take title to the property and remain in the Brownfields Program. RECOM, MENDATXON: The City Attorney's office has reviewed the Brownfields Program for the 5.78 acres and has recommended that Mayor Jordan sign the attached Implementing Agreement with the Arkansas Department of Environmental Quality. Once the Implementing Agreement is signed by the City of Fayetteville and Arkansas Department of Environmental Quality, the deed will be transferred to the City at no cost from the Arkansas Land THE CITY OF FAYETTEVILLE, ARKANSAS Commissioner. Parks and Recreation recommends pursuing the agreement and ownership of the property for use as a City Park. BUpGETIMPACT: This property will be implemented into the maintenance program of the Parks and Recreation Department once the deed is obtained. Future budgets will include development of this property. Attachments: ADEQ Implementing Agreement ADEQ Letter dated September 13, 2011 Resolution No. 217-10 Park Site Map ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: THE CITY OF FAYETTEVILLE ARKANSAS PARTICIPANT REGARDING: R&P ELECTROPLATING SITE 2000 PUMP STATION ROAD FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AFIN: 72-00174 LIS No. — IMPLEMENTING AGREEMENT This Implementing Agreement (hereinafter "IA") shall establish remedial requirements and financial liabilities of the City of Fayetteville (hereinafter the "PARTICIPANT") associated with the Property located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas (hereinafter the "Property"). This IA is entered into by the PARTICIPANT and the Arkansas Department of Environmental Quality (hereinafter "ADEQ") pursuant to the authority of the Hazardous Waste Management Act (Act 406 of 1979, as amended; A.C.A. § § 8-7-201 et. seas.), the Arkansas Remedial Action Trust Fund Act (Act 479 of 1985, as amended; A.C.A. §§ 8-7-501 et seg.), the Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation Number 23, Hazardous Waste Management, (hereinafter "Regulation 23"), the Arkansas Voluntary Cleanup Act (Act 1042 of 1997) (as amended),(A.C.A. §§ 8-7-1101 et. sea.) (hereinafter the "Arkansas Brownfields Program"), and the APC&EC Regulation Number 29, Brownfields Redevelopment. FINDINGS OF FACT The Property is located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas. The legal description of the 5.78 -acre tract is as follows: Lot 12 of the replat of Fayetteville Industrial Park Subdivision as filed in the circuit clerks office in Fayetteville, Washington County, Arkansas, which is South 198.02 feet and East 2227.60 feet from the Southwest corner of Section 23, said point being on the North right-of-way line of Pump Station Road; thence along said right-of-way 588° 45' E 340.52 feet; thence N 00003 'E 738.62 feet; thence N88° 45' W 340.52 feet; thence S 00° 03' W 73.63 feet to the point of beginning. and containing 5.78 acres more or less. 2. PARTICIPANT meets the requirements for participation in the Arkansas Brownfields Program as described in Arkansas Code Annotated (A.C.A.) § 8-7-1 104(a) and is competent and authorized to execute this IA. 3. The property was used primarily as a chromium metal plating operation from 1974 to May 1997. After cessation of operations, hazardous substances including cyanides, acid plating solutions, various solvents, acids (hydrochloric, sulfuric, and hydrofluoric), caustic soda beads and soda ash, oils, spent solutions and sludge were left in vats, drums, containers, trenches, and sumps. The facility was vandalized on August 22, 1998, resulting in a release of an undetermined amount of various hazardous substances. On August 25, 1998, ADEQ issued a verbal Emergency Order of the Director for the facility owner to secure the site and retain an emergency services contractor. The facility owners failed to comply with the Order. ADEQ thus issued an Emergency Order of the Director, LIS 98-124, on August 27, 1998, ADEQ secured the response services of an environmental consulting firm to proceed with all necessary response actions as detailed in the Order. On January 13, 1999, the Superfund Technical Assessment and Response Team (START) was tasked by EPA Region 6 to provide removal support at the R&P site. Removal actions included waste stream classification and sampling of drums, vats, various containers and materials, trenches, and sumps. Approximately 42,080 gallons of liquid waste and 410,200 pounds of solid waste/sludge waste were removed from the facility and disposed at hazardous waste disposal facilities. A number of investigations were conducted between 1998 and 2003 that confirmed the release of industry -related compounds (i.e., heavy metals and solvents) to the environment. A CSA was completed by ADEQ in August 2006, which lead to the development of a cleanup strategy and remediation of the site. The remedial action was completed in August 2010, with the Remedial Action Report- being submitted to ADEQ. in September 2010. 2 According to the Remedial Action Report, all structures (including the concrete slabs and sumps) were removed from the site. Through sampling and an ADEQ determination, the soils underlying the concrete building slabs were classified as "non -hazardous" per the EPA Regional Screening Level (RSL) for industrial soil use. 4. In November of 2010, the PARTICIPANT submitted a letter of intent, which set forth the Participant's desire to take title to the Property and retain eligibility for participation in the Brownfields Program as described in A.C.A. § 8-7-1101 (8). In December of 2010, ADEQ declared the PARTICIPANT eligible for participation in the Arkansas Brownfields Program as described in A.C.A. § 8-7-1104 (a), therefore authorizing the PARTICIPANT to acquire title to the Property and still retain its eligibility for the Arkansas Brownfields Program. 6. The PARTICIPANT warrants it is not responsible for any preexisting pollution at or contamination on any of the Property. Additionally, the PARTICIPANT did not, by act or omission, cause or contribute to any release or threatened release of hazardous substance on or from the Property and is not otherwise considered to be a responsible party pursuant to A.C.A. § 8-7-512(a)(1). 7. The PARTICIPANT agrees the Property will not, at any time, be transferred to any party responsible for such pollution or contamination on the Property. If such transfer is made, the IA and any certificate of completion issued hereunder shall be null and void. 8. In the spring and summer of 2010, FTN & Associates along with Southern Environmental Management & Specialties (SEMS), on behalf of the ADEQ, implemented a Remedial Action Plan (RA) on the Property. The construction activities carried out pursuant to the RA included the demolition and removal of buildings, scrap equipment, concrete slabs, and contaminated soils. 3 The excavated areas, including the main sump and the contaminated hot -spot soil area, were backfilled. Clean soil from either the storm water diversion berm, or from an approved offsite borrow area was used for backfill. The backfill material in the main sump was compacted in lifts of 12 inches to minimize settlement. SEMS re -graded and contoured the site to nearly match the original grades, with drainage being routed to the east side of the site and to existing drainage ways to the West Fork of the White River. Remaining rock or road base used for site improvements was spread out and redistributed/blended into the native soil. A 6 -inch layer of topsoil was placed over the re -graded subgrade to facilitate the growth of a good stand of cover. Following the placement of topsoil, the site was hydro seeded by Conway Hydro -Grass on August 5, 2010 to establish a stand of bermuda and ryegrass on the site for erosion control. All on -site wastes generated from remediation, including excavated, concrete, excavated soil, drill cuttings, decontamination fluids and collected storm water have been removed from the Property. Groundwater contamination on the site is currently being addressed by Monitoring and Natural Attenuation. Soil contamination on site has been reduced to levels that indicate risk based residential human health screening levels are met. The ADEQ Hazardous Waste Division personnel reviewed the Remedial Action Completion Report, dated September 9, 2010, and the findings and report were approved in November, 2010. A Phase I Environmental Site Assessment update was completed October 17, 2011. 9. Consequently, the PARTICIPANT has committed to a particular future land use of the Property, specifically intending to develop the Property for use as a "recreational use" activity property. rd AGREEMENT The issue's herein, as they pertain to the Property, having been settled by the agreement of the PARTICIPANT and ADEQ, it is hereby agreed and stipulated by all Parties the IA be entered herein and that the PARTICIPANT comply with the following provisions. 1. The PARTICIPANT, within ten (10) days of the effective date of this IA, shall public notice this IA in a newspaper of general circulation that serves the City of Fayetteville area. The notice shall identify the Property, the intended future land use, and the nature of the activities to be conducted on the Property. The PARTICIPANT shall provide proof of this publication to ADEQ within thirty (30) days of the effective date of this IA. 2. The PARTICIPANT shall submit a Property Development Plan (PDP) to ADEQ within forty- five (45) days of the effective date of the IA for review and approval. The approved PDP shall become an amendment to this IA. 3. ADEQ shall issue a Property Development Decision Document (PDDD), as necessary, to address any contamination identified in the CSA. Pursuant to Ark. Code Ann. §8-7- 1104(h)(1), ADEQ shall provide public notice and opportunity for hearing on the PDDD. 4. ADEQ shall issue a final PDDD, considering all comments submitted, pursuant to the public notice discussed in paragraph 3 above. The approved final PDDD shall become an amendment to this IA. 5. The PARTICIPANT shall complete any remedial action activities necessary, as addressed in the final PDDD. Also, monitoring wells will remain in place on site with access granted to ADEQ for further ground water monitoring. 6. The PARTICIPANT shall file, within thirty (30) days of the effective date of this IA, or within thirty (30) days of acquiring legal title to the site, a notice of the IA with the clerk of the 5 Circuit Court in Washington County, Real Estate Section. Notice of any amendments to this IA also shall be filed by PARTICIPANT with the clerk of the Circuit Court in Washington County within thirty (30) days after their effective dates. The clerk of the Circuit Court shall docket and record the notices so they appear in the purchaser's chain of title. A file -marked copy shall be submitted to ADEQ, within forty-five (45) days of this IA. 7. The PARTICIPANT shall submit a completion report to ADEQ within forty-five (45) days of completing any remedial work associated with the PDP and the PDDD. The completion report should include information to document the site has been redeveloped according to the provisions mutually agreed upon in the IA, the approved PDP and the PDDD. After ADEQ receives this information and verifies the work has been completed, a Certificate of Completion will be issued. 8. The PARTICIPANT shall file a deed restriction for the Property, as determined by ADEQ, to restrict the use of the Property to activities and compatible uses which will protect the integrity of any remedial action measures implemented on the Property. 9. The PARTICIPANT shall provide a copy of this IA to all prospective owners or successors before the Property is transferred to the prospective owner or successor. . 10. The PARTICIPANT shall take all steps necessary to prevent aggravating or contributing to the contamination of the air, land or water, including downward migration of contamination, from any existing contamination on the site. The term existing contamination shall include any contamination previously identified by ADEQ. 11. The PARTICIPANT shall not use or redevelop the site in a manner that differs from the terms or procedures established under this IA. 12. The PARTICIPANT shall not be responsible for paying any fines or penalties related to the past contamination of the Property. The term "past contamination" shall include any contamination previously identified by ADEQ. 6 13. Nothing in this IA shall be construed as a waiver of liability for future contamination of the Property by the PARTICIPANT, subsequent owners, or third parties. 14. This IA, including all rights and clean-up liabilities, is transferable, with written approval by ADEQ, to any and all subsequent owners of the Property who did not, by act or omission, cause or contribute to any release or threatened release of hazardous substances on the Property. 15. Subsequent owners shall receive a copy of the IA from the Property owner and shall not develop or use the Property in a manner which is inconsistent with the terms or procedures contained herein unless agreed to by all Parties to this IA, including ADEQ. In the event the intended use of the Property is to be altered from the use described in the IA, PDP or PDDD, ADEQ will evaluate the protectiveness of the remedial action to determine if the proposed use would be protective of human health and the environment. Absent such a determination by ADEQ, any liability assurances contained in this IA and amendments thereto or certificates of completion issued hereunder, shall be null and void. 16. Participation in the Arkansas Brownfields Program can be withdrawn by the PARTICIPANT at any time upon written notification to ADEQ. In turn, if the PARTICIPANT fails to complete the terms and conditions set forth in this IA, and at the time of withdrawal has acquired the property and is considered to be the legal owner of the property, the ADEQ reserves the right to deem the PARTICIPANT in violation of this IA and the PARTICIPANT will be notified in writing that their enrollment in the Arkansas Brownfields Program is no longer valid and the PARTICPANT will be liable for any past contamination found on the site. 7 17. This IA shall become effective upon the signature of the Director of ADEQ. IT IS SO AGREED. ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY Director Teresa Marks PARTICIPANT CITY OF FAYETTEVILLE, ARKANSAS By: Titl Date: - _ Date:__ l �l e: ADEQ ARKANSAS Department of Environmental Quality September 13, 2011 City of Fayetteville Attention: Jason B. Kelley Assistant City Attorney 113 West Mountain Fayetteville, AR 72701 Re: Former R&P Electroplating Site, 2000 Pump Station Road, Fayetteville, Arkansas Dear Mr. Kelley: The Arkansas Department of Environmental Quality - Hazardous Waste Division (ADEQ) confirms that all environmental clean-up activities at the Former R&P Electroplating Site have been completed. No further remediation at the site will be necessary for the City of Fayetteville to complete the Brownfields Program for the property. Furthermore, the site has been reniediated to residential screening levels indicating the future use of the site will be unrestricted regarding redevelopment. Groundwater monitoring wells were sampled in March 2011. An evaluation of the analytical results indicates the remedial action levels (RALs) for the site have been met as required by the Remedial Action Decision Document (RADD). To evaluate the potential seasonal effect on groundwater following the remedial actions at the site, groundwater monitoring wells will be sampled in the spring of 2012 by ADEQ. Should the sample results indicate the contaminants of concern are still below the RALs, the wells will be properly plugged and abandoned by ADEQ. The City has submitted a Notice of Intent to take title to the property and remain in the Brownfields Program. Please be aware that the Phase I Environmental Site Assessment completed in December of 2010 will have to be updated prior to the City taking title to comply with the United States Environmental Protection Agency's All Appropriate Inquiry Rule. If you have questions or require further information, please feel free to contact me at (501) 682-0884 or authrie@adeci.state.ar.us. Sincere! Da Gu 'e ADEQ Legal Division ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880 www. a deq.state. a r. us RESOLUTION NO. 217-10 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE APPLICATION FOR DONATION DEED FOR THE FORMER R & P ELECTROPLATING PROPERTY AND A BROWNFIELDS AGREEMENT WHEREAS, the Arkansas Department of Environmental Quality has perfoined a $2.4 million cleanup and remediation on the old R & P Electroplating property; and WHEREAS, the corporate owner (Plating Park, Inc.) has failed to pay property taxes on this parcel since 1997 and has thus forfeited the property to the State of Arkansas; and WHEREAS, the $2.4 million lien for such ADEQ remediation cannot be released unless this property is conveyed to a public entity; and WHEREAS, the Fayetteville Parks and Recreation Department desires to receive this property which adjoins other city park land for use as outlined in the Application For Donation Deed; and WHEREAS, if a Brownfields Agreement can be achieved, the potential liabilities for the City of Fayetteville for accepting this hazardous waste site will be lessened, 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 authorizes Mayor Jordan to sign the Application For Donation Deed for the Plating Park, Inc. property and deliver the Application to the State Land Commissioner once the City has received the Brownfields Agreement which Mayor Jordan is also authorized to sign. PASSED and APPROVED this 7th day of December, 2O10. APPROVED: ATTEST: By By: IONELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer .' 4 � F°AYtTFEy!!_LEc e � 0 ,��1 ri,,. �� t �t-'Ir�' +i 3 .� r yam_'. t •.`-` liJ T � �1 `� pr ��)� � If •b�3 , � • i f II `■■' 1 ' 1i 4� y'Jr' �f + f y� •� 11♦�I �• � -. - -- III � } � -,� .' -� "�,. H �� rJ r 5: : 3 _ji r Y � `I r +; -.M •cif - '3 Y � ! 1� l^ 1 -I :: —tom�'�� r - ', � � � ►� �l ,dint •'t;�r. � � Y r f �, IIi1�' ,�R� "'lam' - �{ " I ■ N � -+.pct_-'�- - .L. 1, 1 ••Ar iv f fr rs .I- 'i \ ' TyY •�� a 1i � City of Fayetteville Staff Review Form uonnie tomonston Submitted By City Council Agenda Items and Contracts, Leases or Agreements n/a City Council Meeting Date Agenda Items Only F'arKS i'k Kecreatlon Division A�sQ Parks & Recreation Department Action rcegwrea: 'The City received notice on 2/21/12 that ADEQ had signed the Implementing Agreement (IA) for the R&P Property on 1/13/12. Jason Kelley worked with ADEQ with his concerns that public notification had to be given within 10 days of the IA being signed. ADEQ changed their position to address this timing and notice issue in an amendment rather than as a "re -do" of the original document. Attached is 2 copies of the Amendment to Implementing Agreement, LIS 12-001 to be signed by the Mayor. /7/4. Cost of this request Account Number Project Number Budgeted Item J I $ Category I Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category I Project Name Program I Project Category Name Fund Name 3'-i 1 Previous Ordinance or Resolution # Date Original Contract Date: 3 — 5— (— Original Contract Number: Date v >L 03-05-12P03:5b RCVD Finance and Internal Services Director ate Received in City Clerk's Office' Received in Mayor's Office j) Revised January 15, 2009 NOTICE OF IMPLEMENTING AGREEMENT NOTICE is hereby given that the City of Fayetteville, Arkansas entered into an Implementing Agreement (dated January 3, 2012), and amendments thereto, pursuant to the authority of the Hazardous Waste Management Act (ACA § 8-7-201, et seq.), the Arkansas Remedial Action Trust Fund Act (ACA § 8-7-501, et seq.), the Arkansas Pollution Control and Ecology Commission Regulation Number 23, Hazardous Waste Management (Regulation 23), the Arkansas Voluntary Cleanup Act, (ACA § 8-7-1101) otherwise known as the Arkansas Brownfields Program, and Arkansas Pollution Control and Ecology Commission Regulation Number 29, Brownfields Redevelopment (Regulation 29), related to the following described property situated in the City of Fayetteville, County of Washington: LEGAL DESCRIPTION lllt1111111141111111t1 ll 111 l 1111 Illllllll l 11141 11111 11111 Illll I Il ll 14111 1114 l 111 Dcc Type: REL cd S Recorded: 04/27/2012 at 12:47:23 PM Fee Amt: $65.00 Paae I of ii Washington County. AR Bette Stamps Circuit Clerk File2012-00011956 LOT 12, INDUSTRIAL PARK FINAL REPLAT SUBD., CITY OF FAYETTEVILLE Said Implementing Agreement, and amendments thereto, are attached and incorporated into this Notice as if set out word-for-word. "niiri�i" (SEAL) FAYETTI ;V ILLE: 1. y o. ; /G70N�'1110" City of F yor Attest: City Clerk ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: THE CITY OF FAYETTEVILLE ARKANSAS PARTICIPANT REGARDING: R&P ELECTROPLATING SITE 2000 PUMP STATION ROAD FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AFIN: 72-00174 LIS NO. 12-001-01 AMENDMENT TO IMPLEMENTING AGREEMENT, LIS 12-001 I This Amendment to Implementing Agreement, LIS 12-001, entered into by the parties hereto, amends Paragraphs Na. 1 and No. 2 of the Agreement Section as follows: 1. The PARTICIPANT shall public notice this IA in a newspaper of general circulation that serves the City of Fayetteville area within ten (10) days of the effective date of this amendment. The notice shall identify the Property, the intended future land use, and the nature of the activities to be conducted on the Property. The PARTICIPANT shall provide proof of this publication to ADEQ within fourteen (14) days of the date of publication. 2. The PARTICIPANT shall submit a Property Development Plan (PDP) to ADEQ within forty-five (45) days of the effective date of this amendment for review and acceptance. The accepted PDP shall become an amendment to the Amended Implementing Agreement, LIS No. 12-001-01 and shall be incorporated by reference as if set out fully. All other provision of Implementing Agreement, LIS 12-001, shall remain the same and in effect and are hereby incorporated by reference in this Amendment. IT IS SO AGREED. ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY By: Teresa Marks, Director PARTICIPANT�ITY OF F By: LLE, ARKANSAS [sigfiature] �.•l oN�� •J Bra [print name] Title Date:______ Z Date- Washington County, AR I certify this instrument was filed on 04/27/2012 12:47:23 PM and recorded in Real Estate File Number 2012-00011956 Bette Stamp - Circuit Clerk by ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: THE CITY OF FAYETTEVILLE ARKANSAS PARTICIPANT REGARDING: R&P ELECTROPLATING SITE 2000 PUMP STATION ROAD FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AFIN: 72-00174 LIS No. -/ - D D IMPLEMENTING AGREEMENT This Implementing Agreement (hereinafter "IA") shall establish remedial requirements and financial liabilities of the City of Fayetteville (hereinafter the "PARTICIPANT") associated with the Property located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas (hereinafter the "Property"). This IA is entered into by the PARTICIPANT and the Arkansas Department of Environmental Quality (hereinafter "ADEQ") pursuant to the authority of the Hazardous Waste Management Act (Act 406 of 1979, as amended; A.C.A. § 8-7-201 et. seq.), the Arkansas Remedial Action Trust Fund Act (Act 479 of 1985, as amended; A.C.A. §§ 8-7-501 et. seg.), the Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation Number23, Hazardous Waste Management, (hereinafter "Regulation 23"), the Arkansas Voluntary Cleanup Act (Act 1042 of 1997) (as amended),(A.C.A. §§ 8-7-1101 et. s (hereinafter the "Arkansas Brownfields Program"), and the APC&EC Regulation Number 29, Brownfields Redevelopment. FINDINGS OF FACT I. The Property is located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas. The legal description of the 5.78 -acre tract is as follows: Lot 12 of the replat of Fayetteville Industrial Park Subdivision as filed in the circuit clerks office in Fayetteville, Washington County, Arkansas, which is South 198.02 feet and East 2227.60 feet from the Southwest corner of Section 23, said point being on the North right-of-way line ofPump Station Road; thence along said right-of-way S 88° 45' E 340.52 feet; thence N 00° 03' E 738.62 feet; thence N 88° 45 W 340.52 feet; thence S 00° 03' W 73.63 feet to the point of beginning, and containing 5.78 acres more or less. 2. PARTICIPANT meets the requirements for participation in the Arkansas Brownfields Program as described in Arkansas Code Annotated (A.C.A.) § 8-7-1104(a) and is competent and authorized to execute this IA. 3. The property was used primarily as a chromium metal plating operation from 1974 to May 1997. After cessation of operations, hazardous substances including cyanides, acid plating solutions, various solvents, acids (hydrochloric, sulfuric, and hydrofluoric), caustic soda beads and soda ash, oils, spent solutions and sludge were left in vats, drums, containers, trenches, and sumps. The facility was vandalized on August 22, 1998, resulting in a release of an undetermined amount of various hazardous substances. On August 25, 1998, ADEQ issued a verbal Emergency Order of the Director for the facility owner to secure the site and retain an emergency services contractor. The facility owners failed to comply with the Order. ADEQ thus issued an Emergency Order of the Director, LIS 98-124, on August 27, 1998, ADEQ secured the response services of an environmental consulting firm to proceed with all necessary response actions as detailed in the Order. On January 13, 1999, the Superfund Technical Assessment and Response Team (START) was tasked by EPA Region 6 to provide removal support at the R&P site. Removal actions included waste stream classification and sampling of drums, vats, various containers and materials, trenches, and sumps. Approximately 42,080 gallons of liquid waste and 410,200 pounds of solid waste/sludge waste were removed from the facility and disposed at hazardous waste disposal facilities. A number of investigations were conducted between 1998 and 2003 that confirmed the release of industry -related compounds (i.e., heavy metals and solvents) to the environment. A CSA was completed by ADEQ in August 2006, which lead to the development of a cleanup strategy and remediation of the site. The remedial action was completed in August 2010, with the Remedial Action Report being submitted to ADEQ in September 2010. 2 According to the Remedial Action Report, all structures (including the concrete slabs and sumps) were removed from the site. Through sampling and an ADEQ determination, the soils underlying the concrete building slabs were classified as "non -hazardous" per the EPA Regional Screening Level (RSL) for industrial soil use. 4. In November of 2010, the PARTICIPANT submitted a letter of intent, which set forth the Participant's desire to take title to the Property and retain eligibility for participation in the Brownfields Program as described in A.C.A. § 8-7-1101 (8). 5. In December of 2010, ADEQ declared the PARTICIPANT eligible for participation in the Arkansas Brownfields Program as described in A.C.A. § 8-7-1104 (a), therefore authorizing the PARTICIPANT to acquire title to the Property and still retain its eligibility for the Arkansas Brownfields Program. 6. The PARTICIPANT warrants it is not responsible for any preexisting pollution at or contamination on any of the Property. Additionally, the PARTICIPANT did not, by act or omission, cause or contribute to any release or threatened release of hazardous substance on or from the Property and is not otherwise considered to be a responsible party pursuant to A.C.A. § 8-7-512(a)(1). 7. The PARTICIPANT agrees the Property will not, at any time, be transferred to any party responsible for such pollution or contamination on the Property. If such transfer is made, the IA and any certificate of completion issued hereunder shall be null and void. 8. In the spring and summer of 2010, FTN & Associates along with Southern Environmental Management & Specialties (SEMS), on behalf of the ADEQ, implemented a Remedial Action Plan (RA) on the Property. The construction activities carried out pursuant to the RA included the demolition and removal of buildings, scrap equipment, concrete slabs, and contaminated soils. 3 The excavated areas, including the main sump and the contaminated hot -spot soil area, were backfilIed. Clean soil from either the storm water diversion berm, or from an approved offsite borrow area was used for backfill. The backfill material in the main sump was compacted in lifts of 12 inches to minimize settlement. SEMS re -graded and contoured the site to nearly match the original grades, with drainage being routed to the east side of the site and to existing drainage ways to the West Fork of the White River. Remaining rock or road base used for site improvements was spread out and redistributed/blended into the native soil. A 6 -inch layer of topsoil was placed overthe re -graded subgrade to facilitate the growth of a good stand of cover. Following the placement of topsoil, the site was hydro seeded by Conway Hydro -Grass on August 5, 2010 to establish a stand of bermuda and ryegrass on the site for erosion control. All on -site wastes generated from remediation, including excavated concrete, excavated soil, drill cuttings, decontamination fluids and collected storm water have been removed from the Property. Groundwater contamination on the site is currently being addressed by Monitoring and Natural Attenuation. Soil contamination on site has been reduced to levels that indicate risk based residential human health screening levels are met. The ADEQ Hazardous Waste Division personnel reviewed the Remedial Action Completion Report, dated September 9, 2010, and the findings and report were approved in November, 2010. A Phase I Environmental Site Assessment update was completed October 17, 2011. 9. Consequently, the PARTICIPANT has committed to a particular future land use of the Property, specifically intending to develop the Property for use as a "recreational use" activity property. 4 AGREEMENT The issues herein, as they pertain to the Property, having been settled by the agreement of the PARTICIPANT and ADEQ, it is hereby agreed and stipulated by all Parties the IA be entered herein and that the PARTICIPANT comply with the following provisions. I. The PARTICIPANT, within ten (10) days of the effective date of this IA, shall public notice this IA in a newspaper of general circulation that serves the City of Fayetteville area. The notice shall identify the Property, the intended future land use, and the nature of the activities to be conducted on the Property. The PARTICIPANT shall provide proof of this publication to ADEQ within thirty (30) days of the effective date of this IA. 2. The PARTICIPANT shall submit a Property Development Plan (PDP) to ADEQ within forty- five (45) days of the effective date of the IA for review and approval. The approved PDP shal I become an amendment to this IA. 3. ADEQ shall issue a Property Development Decision Document (PDDD), as necessary, to address any contamination identified in the CSA. Pursuant to Ark. Code Ann. §8-7- I I 04(h)(1), ADEQ shall provide public notice and opportunity for hearing on the PDDD. 4. ADEQ shall issue a final PDDD, considering all comments submitted, pursuant to the public notice discussed in paragraph 3 above. The approved final PDDD shall become an amendment to this IA. 5. The PARTICIPANT shall complete any remedial action activities necessary, as addressed in the final PDDD. Also, monitoring wells will remain in place on site with access granted to ADEQ for further ground water monitoring. 6. The PARTICIPANT shall file, within thirty (30) days of the effective date of this IA, or within thirty (30) days of acquiring legal title to the site, a notice of the IA with the clerk of the Circuit Court in Washington County, Real Estate Section. Notice of any amendments to this IA also shall be filed by PARTICIPANT with the clerk of the Circuit Court in Washington County within thirty (30) days after their effective dates. The clerk of the Circuit Court shall docket and record the notices so they appear in the purchaser's chain of title. A file -marked copy shall be submitted to ADEQ, within forty-five (45) days of this IA. 7. The PARTICIPANT shall submit a completion report to ADEQ within forty-five (45) days of completing any remedial work associated with the PDP and the PDDD. The completion report should include information to document the site has been redeveloped according to the provisions mutually agreed upon in the IA, the approved PDP and the PDDD. After ADEQ receives this information and verifies the work has been completed, a Certificate of Completion will be issued. 8. The PARTICIPANT shall file a deed restriction for the Property, as determined by ADEQ, to restrict the use of the Property to activities and compatible uses which will protect the integrity of any remedial action measures implemented on the Property. 9. The PARTICIPANT shall provide a copy of this IA to all prospective owners or successors before the Property is transferred to the prospective owner or successor. 10. The PARTICIPANT shall take all steps necessary to prevent aggravating or contributing to the contamination of the air, land or water, including downward migration of contamination, from any existing contamination on the site. The term existing contamination shall include any contamination previously identified by ADEQ. 1 I . The PARTICIPANT shall not use or redevelop the site in a manner that differs from the terms or procedures established under this IA. 12. The PARTICIPANT shall not be responsible for paying any fines or penalties related to the past contamination of the Property. The term "past contamination" shall include any contamination previously identified by ADEQ. 13. Nothing in this IA shall be construed as a waiver of liability for future contamination of the Property by the PARTICIPANT, subsequent owners, or third parties. 14. This IA, including all rights and clean-up liabilities, is transferable, with written approval by ADEQ, to any and all subsequent owners of the Property who did not, by act or omission, cause or contribute to any release or threatened release of hazardous substances on the Property. 15. Subsequent owners shall receive a copy of the ]A from the Property owner and shall not develop or use the Property in a manner which is inconsistent with the terms or procedures contained herein unless agreed to by all Parties to this IA, including ADEQ. In the event the intended use of the Property is to be altered from the use described in the IA, ADP or PDDD, ADEQ will evaluate the protectiveness of the remedial action to determine if the proposed use would be protective of human health and the environment. Absent such a determination by ADEQ, any liability assurances contained in this IA and amendments thereto or certificates of completion issued hereunder, shall be null and void. 16. Participation in the Arkansas Brownfields Program can be withdrawn by the PARTICIPANT at any time upon written notification to ADEQ. In turn, if the PARTICIPANT fails to complete the terms and conditions set forth in this IA, and at the time of withdrawal has acquired the property and is considered to be the legal owner of the property, the ADEQ reserves the right to deem the PARTICIPANT in violation of this IA and the PARTICIPANT will be notified in writing that their enrollment in the Arkansas Brownfields Program is no longer valid and the PARTICPANT will be liable for any past contamination found on the site. 7 17. This IA shall become effective upon the signature of the Director of ADEQ. IT IS SO AGREED. ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY Director Teresa Marks PARTICIPANT CITY OF FAYETTEVILLE, ARKANSAS I� Titl 8 Date: z. Date: _ Donation Deed No. 327 JOHN THURSTON COMMISSIONER OF STATE LANDS STATE OF ARKANSAS Issued under the provisions ofACA. § 22-6-501, as amended. THE STATE OF ARKANSAS: 1ILII1II II1llI II1 I1I 11111 I1I II1 Illll II IILl1IILII Doc ID: 014562630001 Type: REL Kind: DEED Recorded: 04/27/2012 at 12:42:43 PM 'Fee Amt: $15.00 Paae 1 of I Washington County. AR Bette Stamps Circuit Clerk File2O12-00011955 WHEREAS, the following described lands situated in the county of WASHINGTON in the State of Arkansas, to wit: Parcel Number: 765-19950-000 Code: 31-4 Year: 1997 Description: DISTRICT 11- Under Investigation for Haz, Waste Contamination by DEQ Section: Township: Range: Acreage: 0 Lot: 12 Block: City: FAYETTEVILLE Addition: INDUSTRIAL PARK FINAL REPLAT SD: Were certified to Grantor, Commissioner of State Lands, by the aforementioned County for the non-payment of taxes for the year set forth; and that the same has remained delinquent and unredeemed. AND WHEREAS, it is understood that deeds issued under the provisions ofA.C.A. § 22-6-501 may contain restrictive covenants or reservations. No such restrictions are applicable to the donation of the real property described herein, except that should the governmental unit determine that the property can no longer be utilized, title to the property shall revert to the Commissioner of State Lands, State of Arkansas. AND WHEREAS, CITY OF FAYETTEVILLE, ARKANSAS having filed an application duly approved by the Commissioner of State Lands according to the law. AND WHEREAS, the Commissioner of State Lands Office has approved the use of this Land as stated in the application for donation. NOW THEREFORE, I, JOHN THURSTON, Commissioner of State Lands within and for the State of Arkansas, for and in consideration of one dollar($1.00) so paid, and by virtue of the authority in me vested by law, do hereby release and quitclaim unto the said, CITY OF FAYETTEVILLE, ARKANSAS, Grantee, And its heirs and assigns forever all right, title and interest the State of Arkansas acquired under any forfeiture, sale or condemnation for taxes. WITNESS MY HAND AND OFFICIAL SEAL, this April 25, 2012. John Thurston �r�►ONE/� Commissioner a States ands C � By: Lisa Peltgnj`V 1.. )7 Mail to: CITY OF FAYETTEVILLE, ARKANSAS 113 W. MOUNTAIN ST. FAYETTEVILLE, AR 72701 Washington County, AR I certify this instrument was filed on 04/27/2012 12:42:43 PM and recorded in Real Estate File Number 2012-00011955 Bette Sta s - Circuit Clerk by Washington County, AR Bette Stamps Circuit Clerk 280 N College, Suite 302 Fayetteville, AR 72701 Phone Number: (479)444-1540 Fax Number: (479)444-1537 E -Mail: BStampsOco.washington.ar.us Official Receipt: 2012-00011373 Printed on 04/27/2012 at 12:48:18 PM B : 49 on CIRC-WXP9 CITY OF FAYETTEVILLE Date Recorded: 04/27/2012 Instrument ID Recorded Time Amount 2012-00011955 12:42:43 PM $15.00 LAND RECORDS COMMISSIONER OF STATE LANDS TO:CITY OF FAYETTEVILLE 2012-00011956 12:47:23 PM $65.00 LAND RECORDS CITY OF FAYETTEVILLE TO:ARKANSAS DEPARTMENT OF ENVIRONMENT... Total Due: $80.00 Paid By Cash: $80.00 Change Tendered: $0.00 NORTHWEST ARKANSAS DEMOCRAT-AZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE S� THE MORNING NEWS OF ROGERS ERS NORTHWEST ARKANSAS TIMES LLC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 727O1 I P.O. Box 16O7, 72702 1 479-442.1700 I WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION 1, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of l ayetteville Implementing Agreement Was inserted in the Regular Editions on: March 21 , 2012 Publication Charges: $78.00 i Cathy Wiles Subscribed and sworn to before me 'fhis.day of-. )j/ 4 , , 2012. RECEIVED MAR22 2 2012 CITY OF FAYFlrIEVIL!_E CITY CLERKS OFFICE S- ' Notary Public y , c SSA "USE AS ORIGINA L" Rte,,.\•� MY �t.p 5 4 Plp�oi¢d `1" 221 1 n( CJ K•.A JC . **NOTE** Please do not pay from Affidavit. Invoice will be sent, Page 1 of 2 Kimberly Johnson - Re: Lot 12 Industrial Park Donation Deed and Implementing Agreement From: Holly Jones To: Kelley, Jason; Smith, Sondra Date: 4/27/2012 9:40 AM Subject: Re: Lot 12 Industrial Park Donation Deed and Implementing Agreement CC: Brown, Chris; Edmonston, Connie; Johnson, Kimberly; Jones, Carole; Marr, Don Then they have my blessing. H >>> Jason Kelley 4/27/2012 9:39 AM >>> Here's the deal. The IA can't be changed. All the documents are as they have to be. The IA was drafted by DEQ and has been approved. The intent of all the parties is absolutely clear. I'm not concerned with this minor clerical issue. I have been dealing with this for over a year and am fully aware of everything on this. These documents have to be filed as soon as possible. We have contractual deadlines which absolutely must be met, period. Delay could be very detrimental to the city. I don't know what else to say. I had no idea a hold was going to be put on filing these necessary documents, nor do I know why that has occurred. JK Jason B. Kelley Assistant City Attorney City of Fayetteville, Arkansas 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone (479) 575-8313 Facsimile (479) 575-8315 Email: ikelley@ci.fayetteville.ar.us Website: www.accessfayetteville.org >>> Holly Jones 4/27/2012 9:31 AM >>>. Sondra, I have reviewed the documents sent me. If you are filing everything that was sent to me, there is a typo in the legal description on Page 1 of the Implementing Agreement, next to the last line. Jason, the line that reads S00°03'W 73.63 feet should be 738.63 feet for correct closure of this legal. Hopefully, you can just pull that page off and make the correction without much hoopla. I did not read the entire agreement. If you have questions, please call me at 414. Carole, I will include this in the ReZoNe :-) If all that must be recorded is the Donation Deed, then it is ready to go. If not, I pass this project back to Jason. Sincerely, HoIIyJ >>> Sondra Smith 4/26/2012 4:25 PM >>> - Hi Holly, fi le://C :\Documents and Settings\kjohnson\Local Settings\Temp\XPgtpwise\4F9A69A4FA... 4/27/2012 Page 2 of 2 Attached is the Donation Deed from the State of Arkansas for Lot 12 in the Industrial Park and the Implementing Agreement for the property. Carole Jones from Parks called and would like for you to review the attached documents before we file them at the County. Jason Kelley Assistant City Attorney has reviewed the documents. If you have any questions please contact Jason. This is item is time sensitive and needs to be filed with the Circuit Clerk as soon as possible. Please review and let me know when it is ready for us to file at the County. The City Clerk office will file the deed and the Implementing Agreement with the Circuit Clerk and will send you a file marked copy. I appreciate your help! Sondra E. Smith CA MC, CMC City Clerk Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssmith@ci.fayetteville.ar.us TDD (Telecommunications Device for the Deaf): (479) 521-1316 LFY,1 H. IFINDIN FAYETTEVILLE file://C:\Documents and Settingslkjohnson\Local Settings\Temp\XPgrpwise\4F9A69A4FA... 4/27/2012 Dorv4, ic'7 1'Ld1 -- c/ —I0 -- illI11I1I1IlillllllllllllllIlllllllllllllllll1I1I1I1II11III111lIIIIII III �- Doc ID: 014908150013 Type: REL Kind: AMENDMENTS NOTICE OF AMENDMENT TO Recorded: 11/27/2012 at 124041 PM Fee Amt: $75.00 Pace 1 of 13 IMPLEMENTING AGREEMENT Washinaton County. AR e Bette StamusCircuit Clerk Q i File2O12-00035813 NOTICE is hereby given that the City of Fayetteville, Arkansas entered into an Implementing Agreement (dated January 3, 2012), and amendments thereto, pursuant to the authority of the Hazardous Waste Management Act (ACA § 8-7- 201, et seq.), the Arkansas Remedial Action Trust Fund Act (ACA § 8-7-501, et seq.), the Arkansas Pollution Control and Ecology Commission Regulation Number 23, Hazardous Waste Management (Regulation 23), the Arkansas Voluntary Cleanup Act, (ACA § 8-7-1101) otherwise known as the Arkansas Brownfields Program, and Arkansas Pollution Control and Ecology Commission Regulation Number 29, Brownfields Redevelopment (Regulation 29), related to the following described property situated in the City of Fayetteville, County of Washington: LEGAL DESCRIPTION LOT 12, INDUSTRIAL PARK FINAL REPLAT SUBD., CITY OF FAYETTEVILLE An additional amendment to said Implementing Agreement, in the form of a Property Development Decision Document and Final Decision issued by the Arkansas Department of Environmental Quality, is attached and incorporated into this Notice as if set out word-for-word. ���rtttttrl►r►i `:�yG • G1 Y 0�!.sG`.� (SEAL) F :FAYETTEVILLE: '.;s'•;QkA NS'`�;:� �,��Ni ►TO NN►�O,��� City Ulerk RESPONSE TO COMMENTS FINAL DECISION on the PROPERTY DEVELOPMENT DECISION DOCUMENT R&P Electroplating, Fayetteville, Washington County, Arkansas Arkansas Facility Identification Number: 72-00174 A. INTRODUCTION On October 7, 2012 the Arkansas Department of Environmental Quality -Hazardous Waste Division (ADEQ) proposed a Property Development Decision Document (PDDD) as part of a Brownfields Implementing Agreement (IA), Legal Information System (LIS) No. 12-001-01, executed between the City of Fayetteville (Participant) and the ADEQ for the former R&P Electroplating site located at 2000 Pump Station Road, Fayetteville, Arkansas (Property) that was used primarily as a chromium metal plating operation from 1974 to May 1997. The PDDD outlines the remedy for the Property based upon the Participant's declared redevelopment and future use of the Property. This Response to Comments and Final Decision addresses and documents for the public record the comments and issues raised concerning the proposed property development decision; provides the ADEQ's response to the issues raised during the public participation process, if any; and sets forth the final decision detailed in the final PDDD attached herein. B. SELECTED REMEDY The selected remedy for the Property is set forth in the attached final PDDD. No Action was the only alternative considered since all remediation on -site has been completed. Recent groundwater sampling events have shown that groundwater no longer poses a potential threat to human health and the environment. Therefore, the only remaining task at the site is to plug and abandon (P&A) the remaining monitoring wells. The P&A of wells on the site will be conducted. by ADEQ. C. PUBLIC PARTICIPATION ACTIVITIES The ADEQ issued a public notice of the PDDD on October 7, 2012. The notice was published in the Northwest Arkansas Times and comments were accepted for a thirty (30) day period. The public comment period closed on November 6, 2012. A public hearing was not requested during the comment period. D. PUBLIC COMMENTS AND THE DEPARTMENT'S RESPONSE No comments were received during the thirty (30) day public comment period. E. FUTURE ACTIONS. Effective with this Decision, the final PDDD is incorporated into and becomes a condition of the Brownfields IA between the City of Fayetteville and the ADEQ, LIS # 12-001-01, as though set forth therein line for line and word for word. F. DECLARATIONS. The ADEQ believes that the remedy proposed in the PDP and set forth in this final PDDD is appropriate, technically feasible, reliable, and cost effective. With respect to risk management decisions made by the ADEQ, this remedy is deemed acceptable, and to be protective of human health and the environment. ammle I Hyaum Chief, Hazardous Waste i ion• Arkansas Department of Environmental Quality Enclosure: Final PDDD 6/' 4 ;o/ (Date) STATE OF ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY PROPERTY DEVELOPMENT DECISION DOCUMENT (PDDD) R&P Electroplating Fayetteville, Washington County, Arkansas Arkansas Facility Identification Number: 72-000174 September 2012 Table of Contents Page 1.0 Introduction 1 1.1 Location and Property Description 1 1.2 Past Use of the Property 2 1.3 Intended Use of the Property 2 1.4 Contaminants and Waste Types of Concern 2 1.5 Remedy Selection 3 1.6 Proposed Completion Date 3 2.0 Ownership History 3 3.0 Site Background and Previous Investigations 3 3.1 Site Background 3 3.1.1 Geology/Hydrogeology 4 3.2 Phase I Environmental Site Assessment Information 4 3.3 Comprehensive Site Assessment Information 4 4.0 Summary of Site Risks 5 4.1 Contaminants and Waste Types of Concern and Site Risks 5 4.2 Human Health Exposure 5 4.2.1 Surface Soils 5 4.2.2 Surface Soils 5 4.2.3 Subsurface Soils 5 4.2.4 Sediment 5 4.2.5 Groundwater 5 4.3 Ecological Exposure 5 Table of Contents (continued) Page 4.3.1 Surface and Subsurface Soils 5 4.3.2 Surface Water 5 4.3.3 Sediment 5 4.4 Threatened and Endangered Species/Protected Waterways 5 5.0 Summary of Alternatives Considered 6 6.0 Selection and Rationale for the Preferred Remedial Action 6 7.0 Interim Measures 6 8.0 Redevelopment and/or Construction Plan. 6 9.0 Project Schedule 6 10.0 Operation and Maintenance and Long Term Oversight Plans 7 11.0 Coordination with Other Divisions and Agencies 7 Tables Table I — Summary of Alternatives 6 Table 2 - Internal Coordination 7 Table 3 —External Coordination 7 PROPERTY DEVELOPMENT DECISION DOCUMENT 1.0 INTRODUCTION On November 23, 2010, the Arkansas Department of Environmental Quality (hereafter ADEQ) received a Notice of Intent from Mayor Lionel Jordan, City of Fayetteville, to participate in the Arkansas Brownfields Program. The property was accepted into the Brownfields Program on December 1, 2010. The City of Fayetteville will use the acquisition of the property located at 2000 Pump Station Road, Fayetteville, Arkansas for the development of recreational opportunities and amenities along the West Fork of the White River (WFWR) corridor. A Phase I Environmental Site Assessment (ESA) was completed on the site in November 2010 and an updated Phase I ESA was completed in October of 2011. On behalf of ADEQ, FTN & Associates facilitated a remediation on the site in the spring of 2010. This Property Development Decision Document (PDDD) is promulgated as part of the final implementing Agreement (IA) LIS No. 12-001-01 executed between the City of Fayetteville and ADEQ on March 15, 2012. The PDDD outlines the proposed remedy for the property based upon the City of Fayetteville's declared redevelopment and proposed future use of the property. This PDDD is incorporated into and becomes a condition of the IA between the City of Fayetteville and ADEQ. In this PDDD, ADEQ describes the proposed remedy for the property and provides the reasoning for this selection. In addition, this PDDD includes a summary of a No Action alternative evaluated for this property. The Property Development Plan (PDP) for the property contains additional detailed information on these alternatives and is available in the Administrative Record for this PDDD. 1.1 Location and Property Description The property is located at 2000 Pump Station Road, Fayetteville, Washington County, Arkansas. The property consists of an approximately 5.8 -acre tract of land. The property is within a highly developed area of Fayetteville. The property boundary is defined on the north side by the White River Baseball Complex and the south side by Pump Station Road. The legal description of the 5.8 -acre tract is as follows: Lot 12 of the replat of Fayetteville Industrial Park Subdivision as filed in the circuit clerk's office in Fayetteville, Washington County, Arkansas, which is South 198.02 feet and East 2227.60 feet from the Southwest corner of Section 23, said point being on the North right-of-way line of Pump Station Road; thence along said right-of-way S 88° 45' E 340.52 feet; thence N 00° 03' E 738.62 feet; thence N 88° 45' W 340.52 feet; thence S 00° 03' W 738.63 feet to the point of beginning and containing 5.78 acres more or less. 1.2 Past Use of the Property The property was used primarily as a chromium metal plating operation from 1974 to May 1997. After cessation of operations, hazardous substances including cyanides, acid plating solutions, various solvents, acids (hydrochloric, sulfuric, and hydrofluoric), caustic soda beads and soda ash, oils, spent solutions and sludge were left in vats, drums, containers, trenches, and sumps. 1.3 Intended Use of the Property The City of Fayetteville submitted a Notice of Intent to ADEQ prior to acquisition of the property to retain the site's eligibility for participation in the Brownfields Program. The City of Fayetteville proposes to use the property for recreational purposes. The property will enable the city to link the White River Baseball Complex with Combs Park resulting in I35 acres of continuous park land providing several recreational opportunities and amenities for the city along the WFWR corridor. 1.4 Contaminants and Waste Types of Concern Remediation of the property took place from April 2010 to August 2010. Remedial measures included the dismantlement of the existing buildings, demolition of the concrete building slabs and sumps, removal of scrap equipment, excavation of contaminated soils, and grading and seeding of the site. Post remediation verification sampling confirmed that cleanup levels were obtained. The only remaining contamination concern was the groundwater. Post remediation groundwater sampling was conducted March 2011 and February 2012. Contaminants of Potential Concern (COPCs) above the remedial action levels were not found in either round of sampling. Surface and Subsurface Soils: COPCs above the remedial action levels were not found in the confirmation samples following the remedial action. Groundwater: COPCs above the remedial action levels were not found in either round of sampling following the remedial activities. Surface Water: COPCs above the remedial action levels were not found in either round of sampling following the remedial activities. Sediment: COPCs above the remedial action levels were not found in sediment samples 2 1.5 Remedy Selection The City of Fayetteville will not be required to perform any remedial activities as the site has been previously remediated to residential screening levels. 1.6 Proposed Completion Date The property will be re -zoned from I-2, General Industrial to P-1, Institutional in 2012. This will allow the City of Fayetteville to protect and facilitate the use of the property for the residents of Fayetteville. Recreational improvements planned for the site will be constructed as funding is available. 2.0 OWNERSHIP HISTORY The site has been in the possession of the State Land Commissioners Office since 1996 and has recently been deeded to the City of Fayetteville. 3.0 SITE BACKGROUND AND PREVIOUS INVESTIGATIONS 3.1 Site Background The property was used primarily as a chromium metal plating operation from 1974 to May 1997. After cessation of operations, hazardous substances including cyanides, acid plating solutions, various solvents, acids (hydrochloric, sulfuric, and hydrofluoric), caustic soda beads and soda ash, oils, spent solutions and sludge were left in vats, drums, containers, trenches, and sumps. ADEQ conducted a number of inspections between 1983 and 1996 and, in some cases, noted violations of Arkansas Regulation 23. Between 1998 and 2005, a number of investigations were conducted at the R&P site indicating site -related metals and solvents had been released to the environment. - R&P was listed on the Arkansas State Priority List (SPL) in February of 2000 so State funds would be available for long term investigation or remediation. Remediation of the property took place from April 2010 to August 2010. Remedial measures included the dismantlement of the existing buildings, demolition of the concrete building slabs and sumps, removal of scrap equipment, excavation of contaminated soils, and grading and seeding of the site. The site will likely be recommended for removal from the Arkansas SPL during the next annual legislative rulemaking committee meeting in April 2013. In 1996, the State Land Commissioner took custody of the R&P site due to non-payment of property taxes. After the cleanup, the City of Fayetteville expressed interest in purchasing the property from the state and applied with ADEQ to enter the property into the Arkansas Brownfields Program prior to purchasing the property. On January 3, 2012 the City of Fayetteville officially enrolled in the Arkansas Brownfields Program by entering into Implementing Agreement (IA) LIS No. 12-001. On March 15, 2012 an amendment to the IA was executed (IA LIS No. 12-001-01). On April 25, 2012, the State Land Commissioner released the property title to the City of Fayetteville. 3.1.1 Geology/Hydrogeology The R&P site is located in the Boston Mountains Plateau section of the Ozark Plateaus Physiographic Region. Pennsylvanian -aged shales and sandstones comprise most of the rocks in the Boston Mountains. Directly beneath the site is the Fayetteville Shale. The Fayetteville unit along with other Mississippian and Pennsylvanian rocks in the Boston Mountain section make up part of a minor aquifer ----- the Western Interior Plains Confining System. Groundwater flow within this system occurs in an upper zone within soil and highly weathered bedrock, or in a lower moderately weathered to un-weathered zone. Well yield is generally low, and groundwater quality in this aquifer system is highly variable but meets most secondary water quality standards and is considered suitable for domestic and livestock uses (Renken 1998). Groundwater within the Fayetteville Shale Unit flows through fractures and along the interphase between the weathered and un-weathered shale. This surface slopes to the east toward the WFWR. 3.2 Phase I Environmental Site Assessment Information FTN Associates, Ltd. (FTN) performed a Phase I Environmental Site Assessment (ESA) during December 2010. The ESA was performed for the ADEQ in accordance with the Brownfields Program. The only recognized environmental condition (REC) identified was contaminated groundwater from historical electroplating operations. In order for the City of Fayetteville to take title of the R&P property, the ESA completed in December 2010 had to be updated to comply with the U.S. EPA All Appropriate Inquiry Rule. The updated Phase I ESA Report dated October 11, 2011 retained the same REC as the December 2010 ESA. 3.3 Comprehensive Site Assessment Information The Comprehensive Site Assessment (CSA) Report dated August 2, 2006, indicated that the site was at one time contaminated from the former R&P Electroplating operations at the site. The contamination included metals and solvent impacted soils in and around the site structures, contaminated liquids and solids in the sumps located within the structures at the site, and contaminated groundwater at the site. The CSA recommended implementing corrective measures or risk management in the hot spot area including removal of affected soil, provisions for sumps to be removed and backfilled, and provisions for controlling the migration of affected groundwater ofd site with long-term monitoring to assess the effectiveness of any corrective actions. 4 4.0 SUMMARY OF SITE RISKS Remedial activities during the spring and summer of 2010 removed any remaining contaminants from all media with the exception of groundwater. Post-remediation groundwater and surface water sampling events were conducted in March 2011 and February 2012. Both sampling events found that contaminants were below the remedial action levels. The data show that groundwater on the R&P Property and surface water adjacent to the Property do not pose any potential unacceptable human health risks or ecological risk. 4.1 Contaminants and Waste Types of Concern and Site Risks No contaminants and waste types of concern remain at the property. Thus, there are no potential site risks associated with historical contamination remaining on the site. 4.2 Human Health Exposure 4.2.1 Surface Soils: There are no potential human health exposure risks, 4.2.2 Subsurface Soils: There are no potential human health exposure risks. 4.2.3 Surface Water: There are no potential human health exposure risks. 4.2.4 Sediment: There are no potential human health exposure risks. 4.2.5 Groundwater: There are no potential human health exposure risks. 4.3 Ecological Exposure 4.3.1 Surface and Subsurface Soils: There are no potential ecological exposure risks. 4.3.2 Surface Water: There are no potential ecological exposure risks. 4.3.3 Sediment: There are no potential ecological exposure risks. 4.4 Threatened and Endangered Species / Protected Waterways The CSA reported that no threatened or endangered species or habitats for these type species were identified within a 1 -mile radius of the site. The WFWR lies adjacent to the R&P site to the east. The WFWR was used to provide drinking water to Fayetteville in the early 1900's until the city outgrew its capacity. The WFWR is not considered a protected waterway. 5 5.0 SUMMARY OF ALTERNATIVES CONSIDERED Historical contamination on the site has been remediated and no COPCs on the property remain. No Action is the only alternative considered since all remediation was conducted prior to entering into the Brownfields Program. Recent groundwater sampling events have shown that groundwater no longer poses a potential threat to human health and the environment. Therefore, the only remaining task at the site is to plug and abandon (P&A) the remaining monitoring wells. The P&A of wells on the site will be conducted by ADEQ. Table 1. Evaluation Criteria •- 5 4 i q k 1 ionns / lt1 QR 3 i:..r;..............- •1� T - i - 3 " T �1 4 f ssa�i.� yyz;» N^E 4 cX �a hl x a N 1 fiy�'n ea [r,,rr11 i¢s 1 bO.t.T. :: ��i �( -i7 a�+f E ► >, f }eness } l i Alternative nd the l'ffectwcness ` 1�u%n .. u, #y �a vri A�Y [ �n i r E t i ¢ 7'M ' r1t i 4 . No Action Yes NA NA NA NA 6.0 SELECTION AND RATIONALE FOR THE PREFERRED REMEDIAL ACTION The "No Further Action" alternative was chosen since there is no present threat to human health and the environment. 7.0 INTERIM MEASURES Appropriate interim measures will be implemented should the need arise. 8.0 REDEVELOPMENT AND/OR CONSTRUCTION PLANS The City of Fayetteville proposes to use the property for recreational purposes. The property will enable the City to link the White River Baseball Complex with Combs Park resulting in 135 acres of continuous park land providing several recreational opportunities and amenities for the City along the WFWR corridor. 9.0 PROJECT SCHEDULE The project schedule will be determined by the City of Fayetteville. 6 10.0 OPERATIONS AND MAINTENANCE AND LONG TERM OVERSIGHT PLANS Groundwater monitoring was originally tasked to be conducted annually for five (5) years after remediation was completed. However, as documented in the 2 Post Remediation Groundwater Report, sufficient data has been gathered to show that groundwater is no longer contaminated with metals and solvents from historical electroplating operations. Therefore, ADEQ will P&A the remaining monitoring wells with an expected completion in December of 2012. 11.0 COORDINATION WITH OTHER DIVISION/AGENCIES It is important in the development of a PDDD to involve/inform other ADEQ Divisions and external agencies as applicable. To keep the U.S. EPA informed of all, remedial action work, U.S. EPA Region 6 was provided a copy of the Public Notice and PDDD for review and comment. Table 2 lists the ADEQ Divisions involved with the development of this PDDD, and Table 3 lists the state and federal agencies to receive the Notice of Decision for the property. Table 2. Internal Coordination Table 3. External Coordination U.S. EPA, Region 6 No Yes AR Office of Emergency Services No No AR Department of Health No Yes AR State Clearinghouse No No AR State Historic Preservation No No AR Natural Heritage Commission No No AR Game & fish Commission No No U.S. Army Corps of Engineers No No The PDDD has been sent to all applicable branches of the Hazardous Waste Division, and to all relevant divisions and agencies noted above. ---End of PDDD---- 7 Washington County, AR I certify this instrument was filed on 11/27/2012 12:40:41 PM and recorded in Real Estate File Number 2012-00035813 Bette Stamps - Circuit Clerk by fl c CD pF� 5 QM F ft b A r t0