HomeMy WebLinkAboutResolution 3498-06-2007A Resolution
IN SUPPORT OF THE APPLICATION OF SUN COAST RESOURCES, INC
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
12409 GALLOWAY CEMETERY ROAD FORT WORTH TEXAS
NO 3498 2
WHEREAS Sun Coast Resources, Inc (Applicant) has filed an application with the City of Fort
Worth, Texas, for the city's support of a Municipal Setting Designation for the property located at 12409
Calloway Cemetery Road, Fort Worth, Texas, an approximately 2.593 acre tract of land, situated m the
J W Calloway Survey Abstract No 336 and being more fully described as Lot 4 Block 1 of the
Petroleum Industries, Inc Addition, an Addition to the City of Fort Worth, Tarrant County Texas
according to the plat recorded in Cabinet B Slide 225 of the Plat Records of Tarrant County 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 m 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 Site and surrounding
sites, detected m concentrations exceeding residential assessment levels for potable use are Methyl
Tertiary Butyl Ether (MTBE) and chlorinated solvents, 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 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 mvestigatton and response actions at the Srte• and
WHEREAS, the certification of a Municipal Setting Designation for the Site is in 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
3
ATTEST
r
m1 ~~;~~.
.* ~.
~~
r
•, ,-
By ~ .'~ - _ ~. - -
.Mart~y Hendnx, City Secretary
J
~.
'J~ ~~.
~==`~ ApQROV~a
CITY CQUf~CIL
JUN 1 9 2001
~~~~
City Secretary of the
City of Foxt Worth, Texas
.. .. ... ~ ..... __.. ... E
Exhibit A
CFW - MSD - 0010
12409 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 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) and being all of a tract of land conveyed to LEHNE
PROPERTIES, LTD as recorded m Document No. 000155338 of the Deed Records of
Tarrant County Texas (DRTCT) and being more particularly described as follows;
BEGINNING at a 5/8 inch iron rod found at the most southeasterly comer of said LOT 4
BLOCK 1 said point being found m the northerly Right-of--Way line of GALLOWAY
CEMETERY ROAD (variable width Right-of Way);
THENCE along the northerly Right-of Way line of said GALLOWAY CEMETERY
ROAD North 89 deg 42 mm 44 sec West a distance of253 45 feet to the most southwesterly
comer of said LOT 4 BLOCK 1
THENCE departing the northerly Right-of Way line of said GALLOWAY CEMETERY
ROAD and along the westerly line of said LOT 4 BLOCK 1 North 00 deg 12 mm 20 sec
East passing through a 5/8 inch iron rod found at a distance of 296.95 feet continuing in all a
distance of 444.90 feet to a Y2 inch iron rod found for the most northwesterly comer of said
LOT 4 BLOCK 1
THENCE departing the westerly line of said LOT 4 BLOCK 1 and along the northerly line
of said LOT 4 BLOCK 1 South 89 deg 42 min 44 sec East a distance of 254.27 feet to the
most northeasterly comer of said LOT 4 BLOCK 1
THENCE departing the northerly hne of said LOT 4 BLOCK 1 and along the easterly line of
said LOT 4 BLOCK 1 South 00 deg 18 mm 38 sec West a distance of 444.90 feet to the
POINT OF BEGINNING•
CONTAINING within these metes and bounds 2.593 acres or 112,943 square feet of land
more or less. Bearings contained within this field note description are based upon an on the
ground survey performed m the field on the 29tH day of March, 2007 utilizing 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, Suite 100
Dallas, Texas 75230
(972) 490-7090
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/19/2007 Res. #3498-06-2007 and Ord, #17618-06-2007
CONTINUED FROM A PREVIOUS WEEK
DATE Tuesday June 05 2007
LOG NAME 52MSDSUNCOAST REFERENCE NO G 15750
SUBJECT
Adopt a Resolution Supporting the Application of Sun Coast Resources Inc for a Municipal Setting
Designation for the Property Located at 12409 Calloway Cemetery Road 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 Sun Coast Resources, Inc. for approval of a Municipal
Setting Designation (MSD) for the property located at 12409 Calloway Cemetery Road an approximately
2.593-acre tract, more fully described as Petroleum Industries Inc Addition Block 1 Lot 4 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 52MSDSUNCOAST Page 1 of 2
On April 11 2007 Sun Coast Resources lnc. filed an application with the City seeking support of an MSD
at 12409 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 Applicant's
representative stated that groundwater contamination on Sun Coast property limited and stable The source
of contamination is no longer present and appears to have originated to the west and north of the property
There were no comments from residents adverse to this application
The designated groundwater at the Site is shallow with approximate depth to groundwater of 20 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 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 chemical
of concern in the groundwater is Methyl Tertiary Butyl Ether (MTBE) from petroleum releases originating
from the west-adjacent property In addition recent groundwater sampling events have identified
chlorinated solvents along the north and east boundaries of the Sun Coast property Additional
investigation would be required to confirm that these solvents actually affect the groundwater at the
property These chlorinated solvent impacts do not appear to originate at the designated MSD property
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) within '/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 Arlington is also within
'/z 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 b~ Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSDSUNCOAST Page 2 of 2