HomeMy WebLinkAboutResolution 3496-06-2007A Resolution
IN SUPPORT OF THE APPLICATION OF DIRECT FUELS
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
12401 12485, and 12625 GALLOWAY CEMETERY ROAD FORT WORTH TEXAS
NO 3496-06-2007
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WHEREAS, Direct Fuels (Applicant) has filed an application with the City of Fort Worth,
Texas, for the city's support of a Municipal Settmg Designation for the property located at 12401
12485 and 12625 Calloway Cemetery Road, Fort Worth, Texas, an approximately 46 004 acre tract of
land, situated m the J W Calloway Survey Abstract No 336 and being more fully described as
Petroleum Industries, Inc Addition, Block 1 Lot 3 and Petroleum industries, Inc. Addition, Block 1
Lot 1 ("Site'), an Addition to the City of Fort Worth, Tarrant County Texas, the metes and bounds
description being attached hereto as Exhibit A (Site) and
WHEREAS a public meeting on the application for support was held m Fort Worth on May 22,
2007 and a public hearing was held in Fort Worth on June 5 2007 and the affected community was
duly notified of same and allowed the opportunity to comment; and
WHEREAS, the City of Fort Worth is a municipality with a population of 20 000 or greater and
WHEREAS an approved public drinking water supply system exists that supplies or is capable
of supplying drinking water to the Site and to locations within one-half mile of the Srte, and
WHEREAS Applicant has filed documentation with the city stating that the contaminants
identified wrthm the designated groundwater associated with historical uses of the Site, detected m
concentrations exceeding residential assessment levels for potable use are petroleum hydrocarbons,
Methyl Tertiary Butyl Ether (MTBE), and chlorinated solvents, and
WHEREAS Applicant has further filed documentation with the city stating that this
contamination is contained wrthm the shallow perched groundwater beneath the Site, and
WHEREAS the City of Fort Worth, by ordinance, has prohibited the use of designated
groundwater beneath the Srte for potable and irrigation purposes, and
WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to
file an application with the Texas Commission on Environmental Quality for certification of a Municipal
Settmg Designation for the Srte pursuant to Texas Health and Safety Code, Chapter 361 Subchapter W
and
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory
provisions concerning groundwater contamination investigation and response actions at the Site and
WHEREAS the certification of a Municipal Setting Designation for the Srte is m the best
interests of the community
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
Supports Applicant's application to the Texas Commission on Environmental Quality for a
Municipal Setting Designation of the Srte
Adopted this _ 19th _ day of _ June _ 2007
ATTEST
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By~~.~
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Marty Hendrix;
APPROVED
CITY COUNCIL
JUN 1 9 2007
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City Secretary of tha
City of Fort Worth, Texas
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Exhibit A
CFW - MSD - 0011
12401,12485, and 12625 Calloway Cemetery Road
Metes and Bounds
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated m the J W GALLOWAY SURVEY Abstract No 336 and
being all of a tract of land conveyed to INSIGHT EQUITY ACQUISITION PARTNERS,
L.P as recorded m Volume 016759 Page 0052 of the Deed Records of Tarrant County
Texas (DRTCT) and being all of a tract of land conveyed to SOUTHWEST PRODUCTS
LLC as recorded in Document No. 000071890 (DRTCT) and being more particularly
described as follows,
BEGINNING at the intersection of the west hne of a tract of land conveyed to T.J.L.
GRAVEL COMPANY L.P as recorded in Volume 12686, Page 1309 (DRTCT) and the
northerly Right-of Way line of GALLOWAY CEMETERY ROAD (variable width Right
of Way) said point being the most southeasterly comer of LOT 1 BLOCK 1 of the
PETROLEUM INDUSTRIES INC ADDITION an addition to the City of Fort Worth as
recorded m Volume 388-48, Page 908 of the Plat Records of Tarrant County Texas (PRTCT)
which a 1'2 inch iron rod found bears North 81 deg 23 min 21 sec East a distance of 1 15
feet;
THENCE departing the westerly hne of said T.J.L. GRAVEL COMPANY tract and along
the northerly Right-of Way hne of said GALLOWAY CEMETERY ROAD North 89 deg 42
mm 44 sec West a distance of 400 00 feet to the most southwesterly comer of said LOT 1
BLOCK 1 which a 5/8 inch iron rod found bears South 82 deg 22 mm 08 sec West a distance
of 0 71 feet;
THENCE departing the northerly Right-of Way hne of said GALLOWAY CEMETERY
ROAD South O1 deg 34 mm 16 sec West a distance of30 00 feet to a point for comer m the
approxunate centerline of said GALLOWAY CEMETERY ROAD•
THENCE along the approximate centerline of said GALLOWAY CEMETERY ROAD North
89 deg 42 mm 44 sec West a distance of 508.30 feet to a point for comer which a Pk Nail
found bears North 45 deg 35 mm 56 sec West a distance of 0.90 feet;
THENCE departing the approximate centerline of said GALLOWAY CEMETERY ROAD
North 00 deg 14 mm 59 sec East a distance of30 00 feet to a 5/8 inch iron rod found for the
most southeasterly comer of LOT 3 BLOCK 1 of the PETROLEUM INDUSTRIES INC
ADDITION an addition to the City of Fort Worth as recorded in Volume 388-196 Page 64
of the Plat Records of Tarrant County Texas (PRTCT), said point being m the northerly
Right-of Way line of said GALLOWAY CEMETERY ROAD•
THENCE along the northerly Right-of Way line of said GALLOWAY CEMETERY ROAD
North 89 deg 42 mm 44 sec West a distance of239.51 feet to a 5/8 inch iron rod found for the
most southeasterly comer of LOT 4 BLOCK 1 of the PETROLEUM INDUSTRIES INC
ADDITION an addition to the City of Fort Worth as recorded in Cabinet B Slide 225 of the
Plat Records of Tarrant County Texas (PRTCT);
THENCE departing the northerly Right-of Way line of said GALLOWAY CEMETERY
ROAD and along the easterly line of said LOT 4 BLOCK 1 North 00 deg 18 mm 38 sec East
a distance of 444.90 feet to the most northeasterly comer of said LOT 4 BLOCK 1
THENCE along the northerly line of said LOT 4 BLOCK 1 North 89 deg 42 min 44 sec
West a distance of254.27 feet to a -mch iron rod found for the most northwesterly comer of
said LOT 4 BLOCK 1
THENCE along the westerly line of said LOT 4 BLOCK 1 South 00 deg 12 mm 20 sec West
passing through a 5/8 inch iron rod found at a distance of 147.95 feet and passing through the
most southwesterly comer of said LOT 4 BLOCK 1 at a distance of 444.90 feet contmumg
in all a distance of 474 71 feet to a point for comer m the approxunate centerline of said
GALLOWAY CEMETERY ROAD which a Rail Road Spike found bears North 20 deg 36
mm 51 sec East a distance of 0 60 feet;
THENCE along the approxunate centerline of said GALLOWAY CEMETERY ROAD
North 89 deg 39 min 29 sec West a distance of 488 19 feet to a Pk Nail found for comer said
point being the most southwesterly comer of said SOUTHWEST PRODUCTS LLC tract;
THENCE departing the approximate centerline of said GALLOWAY CEMETERY ROAD
and along the westerly line of said SOUTHWEST PRODUCTS LLC tract; North 00 deg 16
mm 31 sec East a distance of 1124.30 feet to the most northwesterly comer of said
SOUTHWEST PRODUCTS LLC tract;
THENCE departing the westerly line of said SOUTHWEST PRODUCTS LLC tract and
along the northerly line of said SOUTHWEST PRODUCTS LLC tract South 89 deg 51 min
04 sec East a distance of 486 82 feet to a 5/8 mch iron rod found for the most northeasterly
comer of said SOUTHWEST PRODUCTS LLC tract, said point being the most northwest
comer of said LOT 3 BLOCK 1
THENCE South 89 deg 49 mm 44 sec East passing through a Yz mch iron rod found for the
most northeasterly comer of said LOT 3 BLOCK 1 at a distance of 493 81 feet and passing
through a 3/8 mch iron rod found for the most northwesterly comer of said LOT 1 BLOCK 1
at a distance of 1028 13 feet contmumg m all a distance of 1428 15 feet to a 5/8 inch iron rod
found for the most northeasterly comer of said LOT 1 BLOCK 1 said point being found m
the westerly line of the said T.J.L. GRAVEL COMPANY tract;
THENCE along the westerly line of said T.J.L. GRAVEL COMPANY tract South O1 deg 34
mm 16 sec West a distance of 1099.33 feet to the POINT OF BEGINNING•
CONTAINING within these metes and bounds 46 004 acres or 2,003,943 square feet of land
more or less. Bearings contained wrth~n this field note description are based upon an on the
ground survey performed m the field on the 29cn day of March, 2007 utihzmg GPS
measurements.
SURVEYORS CERTIFICATE
The undersigned hereby certifies the above field note description was prepared from an on
the ground survey performed m the field March 29 2007 under the supervision of the
undersigned and that the field note description forms a mathematical figure of 1 15 000
DATE. 4/10/07
Leonard J Lueker Registered Professional Land Surveyor
Texas Registration No 5714
Winkelmann & Associates, Inc.
6750 Hillcrest Plaza Drive, Surte 100
Dallas, Texas 7
(972) 490- 09 ~ ~"""~'1i ~,.
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City of Fort Worth, Texas
Mayor and Council Communication
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of Direct Fuels for approval of a Municipal Setting
Designation (MSD) for the properties located at 12401 12485 and 12625 Calloway Cemetery Road an
approximately 46 004-acre tract, more fully described as Petroleum Industries, Inc. Addition Block 1 Lot 3
and Petroleum Industries, Inc. Addition Block 1 Lot 1 of the J W Calloway Survey Abstract No 336 Fort
Worth Tarrant County Texas ("Site') to allow the public the opportunity to give testimony
2. Adopt the attached resolution supporting the Applicant's application to the Texas Commission on
Environmental Quality (TCEQ) for an MSD for the Site and
3 Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site
DISCUSSION
In 2003 a state law became effective creating the concept of a Municipal Setting Designation (MSD) The
purpose of an MSD is to certify properties in order to limit the scope of or eliminate the need for
investigation of or response actions addressing contaminant impacts to groundwater that has been
restricted from use as potable water by municipal ordinance A person typically a developer must apply to
the TCEQ for certification of their property as an MSD If granted they will not be required to clean up
designated groundwater on their site to drinking water standards, although other cleanup standards such as
inhalation and contact must still be met. The application will not be approved by the TCEQ if the
municipality where the site is located does not give formal approval That approval must be by means of a
city council resolution supporting the application and an ordinance prohibiting potable use of groundwater in
the MSD (potable water is water used for irrigating crops intended for human consumption drinking
showering bathing or cooking purposes)
In January 2005 City Council adopted an ordinance creating a procedure for persons applying to the TCEQ
for an MSD to get support of that application from the City Council The procedure includes filing an
application with the City staff review of the application for potential impacts to City interests a public
meeting held for the purpose of providing information on the application to the affected community and a
public hearing
Logname 52MSDDIRECTFUEL Page 1 of 2
On April 11 2007 Direct Fuels filed an application with the City seeking support of an MSD at 12401
12485 and 12625 Calloway Cemetery Road
Staff from the departments of Development, Engineering Environmental Management, Transportation and
Public Works and Water reviewed the application for potential impacts to City interests No significant
concerns were identified Notice was issued as required by ordinance and a public meeting was held at the
East Regional Library on May 22 2007 Seven representatives of the Applicant and three city staff were
present. Twenty-three residents of Fort Worth and surrounding cities were in attendance Residents
expressed concern that contamination in the groundwater if not remediated might spread beyond the
current area of impact. Applicant's representative explained that the source of contamination has been
removed and the contamination plumes have reached a static state and has begun to naturally attenuate
over time If approved this MSD shall be designated as CFW-MSD-0011
The designated groundwater at the Site is shallow with approximate depth to groundwater of between 34
and 40 feet below ground surface (bgs) The designated groundwater zone is the water table aquifer
predominantly comprised of clayey sand to gravelly sand The bottom of the shallow water table is defined
by a limestone unit at a depth of 169 feet. This limestone acts as an aquitard which prevents the vertical
migration of water and contaminants to the underlying potable aquifers The first significant bedrock
groundwater-bearing zone beneath the site is the Woodbine Formation However the quality of the
Woodbine water is poor with high iron content and is used only for irrigation or industrial purposes in the
area. The first bedrock aquifer beneath the area used for potable purposes is the Trinity Group found at
depths of 800 to 1600 feet below ground surface (bgs) The chemicals of concern in the groundwater are
petroleum hydrocarbons, Methyl Tertiary Butyl Ether (MTBE) chlorinated solvents, and their associated
degradation products Petroleum hydrocarbon releases are from petroleum stored in bulk, at the pipeline
terminals. The sources of the chlorinated solvents are not known with certainty
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within the City limit of the City of Fort Worth within '/z mile of the MSD
boundary All undeveloped properties (within the City Limits of the City of Fort Worth) with '/z mile of the site
are eligible to receive water service from the Fort Worth Water Department in accordance with the Texas
Water Service Certificate of Convenience and Necessity (CCN) No 12311 (City of Fort Worth) and the City
of Fort Worth Policy for the Installation of Community Services. The cities of Arlington and Euless are also
within 'h mile of the MSD boundary
The site is located in COUNCIL DISTRICT 5
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by_. Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname. 52MSDDIRECTFUEL Page 2 of 2