HomeMy WebLinkAboutResolution 3497-06-2007A Resolution
IN SUPPORT OF THE APPLICATION OF GOODRICH CORPORATION
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
4000 SOUTH HIGHWAY 157 FORT WORTH TEXAS
NO 3497-06-2007
WHEREAS Goodrich Corporation (Applicant) has filed an application with the City of Fort
Worth, Texas, for the crty's support of a Municipal Setting Designation for the property located at 4000
South Highway 157 Fort Worth, Texas, an approximately 41 027 acre tract of land, situated in the J.R.
Wallace Survey Abstract No 1699 and being a portion of Lot 1 Block 1 of the Menasco Manufacturing
Company Addition, an addition to the City of Forth Worth as recorded m Volume 388-133 Page 93 of the
Plat Records of Tarrant County Texas (PRTCT), 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 within the designated groundwater associated with historical uses of the Srte, detected in
concentrations exceeding residential assessment levels for potable use are chromium, chlorinated
solvents, and their associated degradation products, and
WHEREAS Applicant has further filed documentation with the city stating that this
contamination is contained within 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 Site 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
Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361 Subchapter W
and
l~T1a` ~'' '>~1~'Z' ''~tis~~''1~
WHEREAS, Applicant has continuing obltgattons to satisfy applicable statutory and regulatory
provisions concerning groundwater contamination mvesttgatton and response actions at the Srte and
WHEREAS the certification of a Municipal Setting Destgnation for the Site 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 thts _ 19th
ATTEST
day of _June _ 2007
.~
3~
~~\
Marty Hendrix, City '.Sectary
,.,~ ~. .~
-~ "
,~ ~~ ~ `" ti
~~~~~~~ .
~, APPROVED
CITY CQUl~CIL
JUN 1 9 2007
~ ~
City Sec~of the
City of Fort Worth, Texas
Exhibit A
CFW - MSD - 0012
4000 South Highway 157
Metes and Bounds
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated in the J.R. WALLACE SURVEY Abstract No 1699 and
being a portion of LOT 1 BLOCK 1 of the MENASCO MANUFACTURING COMPANY
ADDITION an addition to the City of Forth Worth as recorded in Volume 388-133 Page 93
of the Plat Records of Tarrant County Texas (PRTCT) and being all of a tract of land
conveyed to GOODRICH LANDING GEAR, LLC as recorded in Volume 015723 Page
0131 of the Deed Records of Dallas County Texas (DRDCT) and being more particularly
described as follows;
BEGINNING at the most northwesterly comer of LOT 1 BLOCK 1 of the TREE TOPS
SCHOOL ADDITION an addition to the City of Fort Worth as recorded in Volume 388138,
Page 51 (PRTCT), said point being m the southerly Right-of Way of SOUTH PIPELINE
ROAD (variable width Right-of Way);
THENCE departing the southerly Right-of Way line of said SOUTH PIPELINE ROAD and
along the westerly line of said LOT 1 BLOCK 1 of the said TREE TOPS SCHOOL
ADDITION as follows,
South 00 deg O1 mm 02 sec East passing through a 5/8 inch iron rod found at a distance of
15.25 feet continuing in all a distance of 493.26 feet to a point for comer
South 89 deg 53 mm 02 sec East a distance of 165 00 feet to a 3/4 iron rod found for comer
South 00 deg Ol mm 02 sec East a distance of 991 40 feet to a 5/8 inch iron rod found for the
most southwesterly comer of said LOT 1 BLOCK 1 of the said TREE TOPS SCHOOL
ADDITION said point being found in the northerly line of a tract of land conveyed to
KOCH PETROLEUM GROUP L.P as recorded in Volume 015394 Page 00441 (DRTCT);
THENCE departing the westerly line of said LOT 1 BLOCK 1 of the said TREE TOPS
SCHOOL ADDITION and along the northerly line of said KOCH PETROLEUM GROUP
tract South 89 deg 42 mm 28 sec West a distance of 1260 81 feet to a point for comer in the
easterly Right-of Way line of FARM TO MARKET ROAD NO 157 (variable width Right
of Way as dedicated in Volume 014460, Page 0514 DRTCT);
THENCE departing the northerly line of said KOCH PETROLEUM GROUP tract and along
the easterly Right-of Way line of said FARM TO MARKET ROAD NO 157 as follows
North 00 deg 10 mm 41 sec East a distance of 1175.94 feet to a point for comer
North 06 deg 03 mm 03 sec East a distance of 115 44 feet to a point for comer
North 00 deg 10 mm 41 sec East a distance of 176 19 feet to a point for comer at a comer
clip
THENCE departing the easterly Right-of Way line of said FARM TO MARKET ROAD NO
157 and along said comer-clip North 50 deg 40 mm 18 sec East a distance of31 61 feet to a
point for comer in the southerly Right-of Way line of said SOUTH PIPELINE ROAD•
THENCE along the southerly Right-of Way hne of said SOUTH PIPELINE ROAD as
follows;
South 89 deg 55 mm 02 sec East a distance of 116.30 feet to a point for comer
North 88 deg 33 mm 28 sec East a distance of225 00 feet to a point for comer
South 89 deg 55 mm 02 sec East a distance of713.30 feet to the POINT OF BEGINNING•
CONTAINING within these metes and bounds 41 027 acres or 1 787 147 square feet of land
more or less. Bearings contained wrthm this field note description are based upon an on the
ground survey performed in 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 in 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. April 10 2007
Leonard J Lueker
Registered Professional Land Surveyor
Texas Registration No 5714
Winkelmann & Associates, Inc.
6750 Hillcrest Plaza Dnve, Suite 100
Dallas, Texas 75230
(972) 490-7090
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt a Resolution Supporting the Application of Goodrich Corporation for a Municipal Setting
Designation for the Property Located at 4000 South Highway 157 Fort Worth Texas to the Texas
Commission on Environmental Quality and Adopt an Ordinance Prohibiting the Potable Use of
Designated Groundwater from Beneath the Site
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of Goodrich Corporation (Applicant) for approval of a
Municipal Setting Designation (MSD) for the property located at 4000 South Highway 157 an approximately
41 027-acre tract, more fully described as a tract of land situated in the J R. Wallace Survey Abstract No
1699 and being a portion of Lot 1 Block 1 of the Menasco Manufacturing Company Addition Fort Worth
Tarrant County Texas ("Site') to a11ow 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• 52MSDGOODRICH Page 1 of 2
On April 11 2007 Goodrich Corporation filed an application with the City seeking support of an MSD at
4000 South Highway 157
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 are naturally attenuating over
time Residents of Colleyville approximately two miles north of the site also expressed the concern that
the contaminated groundwater might migrate to their groundwater wells Applicant's representative stated
that this was highly unlikely as the contamination in the shallow groundwater flows in a southerly direction
away from their property If approved this MSD would be designated as CFW-MSD-0012.
The designated groundwater at the Site is shallow with approximate depth to groundwater of 12.5 feet
below ground surface (bgs) on the north side of the Goodrich property to 39 feet bgs on the northeast side
of the Flint Hills Resources (FHR) property 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 an approximately 24 foot-thick limestone unit at a depth of 92 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) Impacts at the designated property
are from historic onsite releases of chemicals used at the former aircraft landing gear manufacturing and
assembly plant. The chemicals of concern in the groundwater are chromium chlorinated solvents and their
associated degradation products.
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 '/2 mile of the MSD
boundary All undeveloped properties (within the City Limits of the City of Fort Worth) with '/2 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 City of Euless is also within 'h mile of
the MSD boundary
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office bv• Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname• 52MSDGOODRICH Page 2 of 2