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Home My WebLink About07-1257 07-10-2007RESOLUTION NO. 07 -1257 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. WHEREAS, Chapter 361, Subchapter W of the Texas Solid Waste Disposal Act (the "MSD Legislation ") authorizes the Texas Commission on Environmental Quality (TCEQ) to certify Municipal Setting Designations (MSDs) for properties upon receipt and approval of a properly submitted application to TCEQ; and, WHEREAS, the Texas Legislature, in enacting the MSD Legislation, found that an action by a municipality in support of or to facilitate a MSD advances a substantial and legitimate state interest; and WHEREAS, as part of the application process for a MSD, the applicant is required to provide documentation of support from each municipality owning and operating a groundwater supply well within five (5) miles of the proposed MSD location; and WHEREAS, the City of Euless owns and operates two groundwater supply wells located at 1400 North Main Street and 116 West Fuller Drive in the City of Euless situated within a five (5) mile radius of the proposed MSD location; and WHEREAS, the City of Fort Worth has enacted an ordinance restricting the use of groundwater at the proposed MSD location in support of the MSD application to TCEQ; and WHEREAS, the Director of Public Works for the City of Euless has determined that certification of a MSD for the property located at 12409 Calloway Cemetery Road, Fort Worth, Texas, (see Exhibit "A "), will have no effect upon the quality of water produced from the groundwater supply wells located at 1400 North Main Street and 116 West Fuller Drive in the City of Euless. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: The City of Euless supports and does not oppose the establishment of a Municipal Setting Designation for the property described in Exhibit "A ". APPROVED AND ADOPTED at a regular meeting of the Euless City Council on the 10th day of July, 2007, by a vote of 6 ayes, o nays, and o abstentions. APPROVED: 7cTTh , itf Mary Lib S eh, Mayor ATTEST: usan trim, T r r , City Secretary Resolution No. 07 -1257, Page 2 of 3 FIELD NOTE DESCRIPTION SUN COAST RESOURCES MSD AREA EXHIBIT STATE OF TEXAS COUNTY OF TARRANT BEING a tract of land situated in the J.W. CALLOWAY 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 in 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 in the northerly Right -of -Way line of CALLOWAY CEMETERY ROAD ( variable width Right -of -Way ); THENCE along the northerly Right -of -Way line of said CALLOWAY CEMETERY ROAD North 89 deg 42 min 44 sec West a distance of 253.45 feet to the most southwesterly corner of said LOT 4, BLOCK 1; THENCE departing the northerly Right -of -Way line of said CALLOWAY CEMETERY ROAD and along the westerly line of said LOT 4, BLOCK 1 North 00 deg 12 min 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 1/2 inch iron rod found for the most northwesterly corner 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 line of said LOT 4, BLOCK 1 and along the easterly line of said LOT 4, BLOCK 1 South 00 deg 18 min 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 in the field on the 29th day of March, 2007 utilizing GPS measurements. Resolution No. 07 -1257, Page 3 of 3 Bryan W, Shaw, Ph.D., Chairman Carlos Rubinstein, Commissioner Toby Baker, Commissioner Zak Covar, Executive Director R e5o 07 -1257 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution November 19, 2012 City of Euless 201 N Ector Drive Euless TX 76039 Re: Municipal Setting Designation (MSD) Certification for Sun Coast Resources, Inc., 12409 Calloway Cemetary Road, Fort Worth, Tarrant County, TX; MSD No. 51 Dear Sir or Madame: As required by TEX HEALTH & SAFETY CODE §361.807 (a), please find attached a copy of the Municipal Setting Designation Certificate that has been issued for the above - referenced property. You are provided this notice because you were identified, by the MSD applicant, as the registered owner of a water well located within five miles of the above - referenced property. State law requires all Municipal Setting Designation applicants to provide notice to all such registered well owners at the time they apply to the state for the designation. Further, state law requires the Texas Commission on Environmental Quality to provide you a copy of the certificate when issued. This notice imposes no obligation upon you. If you have no interest in this matter, please feel comfortable in discarding the certificate and we apologize for any inconvenience we have caused you. A definition of a Municipal Setting Designation is provided below: An MSD is an official state designation given to property within a municipality or its extraterritorial jurisdiction that certifies that designated groundwater at the property is not used as potable water, and is prohibited from future use as potable water because that groundwater is contaminated in excess of the applicable potable -water protective concentration level. The prohibition must be in the form of a city ordinance, or a restrictive covenant that is enforceable by the city and filed in the property records. If you have any questions, please visit our website at http: / /www.tceq .texas.gov /remediation /msd.html or email msd @tceq.texas.gov. Sincerely, Andre V. Price, Project Manager VCP -CA Section Remediation Division AP /jdm Enclosure P.O. Box 13087 • Austin, Texas 78711 -3087 • 512- 239 -moo • tceq.texas.gov How is our customer service? tceq.texas.gov /customersurvey printed on recycled paper Texas Commission on Environmental Quality Municipal Setting Designation As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act); 1, Glenn Shankie, Executive Director of the Texas Commission on Environmental Quality certify the Municipal Setting Designation for MSD No. 51, in the City of Fort Worth, the tract of land described In Exhibit "A ". The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B" provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the institutional control required by Texas Health and Safety Code §361.8065 is maintained in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. EXECUTED this /CA clay otAfr&no , 2007. Glenn Shankle Executive Director Texas Commission on Environmental Quality FIELD NO'T'E DESCRIPTION SUN COAST RESOURCES MSD AREA EXHIBIT STATE OF TEXAS COUNTY OF TARRANT BEING a tract of land situated in the J.W. CALLOWAY 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 in 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 corner of said LOT 4, BLOCK 1, said point being found in the northerly Right-of-Way line of CALLOWAY CEMETERY ROAD ( variable width Right-of-Way ); THENCE along the northerly Right - of-Way line of said CALLOWAY CEMETERY ROAD North 89 deg 42 min 44 sec West a distance of 253.45 feet to the most southwesterly corner of said LOT 4, BLOCK. 1; THENCE departing the northerly Right- of-Way line of said CALLOWAY CEMETERY ROAD and along the westerly line of said LOT 4, BLOCK 1 North 00 deg 12 min 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 1/z 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; TIIENCE departing the northerly line of said LOT 4, BLOCK 1 and along the easterly line of said LOT 4, BLOCK 1 South 00 deg 18 min 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 peg formed in the field on the 29`h day of March, 2007 utilizing GPS measurements. SURVEYORS CERTIFICA 1'.b 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: `Choib7 Leon 1 I. Zueker Registered Professional Land Surveyor Texas Registration No. 5714 Winkelmann & Associates, Inc. 6750 Hillcrest Plaza Drive, Suite 100 Dallas, Texas 75230 (972) 490 -7090 ,e /4 • �� OF GJ,.• 0.1ST6y ...11, IV LEtet,O 5714 ONARD AY LUERER -4 .. S ti. P UPI sine CGfl 1L91HX3 Valle as4R 5338f1OS3U 15VOO MIS ter.-MEE lain a =I: 1=01 ESII Min ..:a .:...esa MEM VW MI..um+a al w. c) each retail public utility, as defined by Texas Water Code, §13.002, that owns or operates a groundwater supply well located within five miles beyond the proposed MSD boundaries? ®Yes QNo3 QNA4 3 13o not submit application. " NA only when no such municipality, private well owner, or retail public utility exists • MSD Information: List all existing TCEQ and US Environmental Protection Agency registration. permit, identification numbers (e.g., SWR No:, VCP No., LPST ID No., U1C Registration No:, PWS SD. No.), if any, that apply to the groundwater contamination satiation within the proposed MSD boundary. State "none" If none applicable. SOP #402, IHW #TX0 9 8 8047 4 29, SWR #76532, PST #76479 . • Is the proposed designated groundwater contaminated in excess of an applicable potable waters use standard (i.e., 30 TAC 350, 'GWta)? ®Yes °Noe Was the groundwater contamination previously reported to the TCEQ? (To support implementation of H8 3030, 78th Legislature,) ®Yes, when? 12 / 15 103 QNo Is there a potable -use well within the boundary of the proposed NASD that uses the designated groundwater as source water? QYsss No Is there a potable -use well within the boundary of the proposed MSD that uses a deeper groundwater zone for the source water that is not properly sealed off from the designated groundwater? QYesg No is the applicant aware of any non - consumptive use of the groundwater or other human health or ecological exposure pathways that are of concern? If yes, specify: • °Yes ®No Has each municipality and retail public utility identified in §361.8055 provided firm commitment to adopt an ordinance or resolution in support of the application? ()Yes QV Is a copy of the ordinance or restrictive covenant that restricts consumptive use and appropriately restricts other uses of and contact with the designated groundwater, and any required resolutions provided with this application? Yes +ONo a "Potable water" means water that is used for Irrigating crops intended for human consumption, drinking, showering, bathing, or cooking purposes [THSC §361.801(2)]. 6 Do not submit an application. 1. Laffrmatively state that (place an X In all applicable blanks): The MSD eligibility criteria of THSC §361.803 are satisfied. J True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC §361.803 have been satisfied and are included with the application. Atrue and accurate copy of a legal description of the proposed MSD property. is Included with the application. Nofice was provided in accordance with 'MSC §361.005. A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or will b provided before the executive director certifies this application. App cantSl'y `ure Before meSffl} p&I4Sk CuCfE2 r �l of Notary E2 and signed this Municipal Setting Designation Application. Name of Applicant 975-4 Date the undersigned authority, on this day personally appeared Sworn, subs Abed and signed before me in the County of day of, this month of ----'T , 200 TCEQ-20149 June 2007 , State of PC , on the 5 SEAN SIEWINSKI Notary Public STATE OF TEXAS My Comm. Exp. 06•D4.11