Agenda

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County Administrator's Report 13. 1.

BCC Regular Meeting

Discussion

Meeting Date:	02/01/2018
Issue: Acceptance of Deed for the Parcels Formerly Associated with the Escambia Treating Site
From:	Amy Lovoy
Department:	Asst County Administrator
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Acceptance of the Quitclaim Deed Comprising 211 Parcels of Property from the United States Government - Amy Lovoy, Assistant County Administrator

That the Board take the following action concerning the acceptance of the Quitclaim Deed from the United States Government for all parcels included on the provided list:

A. Accept, subject to Legal review and sign-off, the conveyance of the Quitclaim Deed from the United States Government for the 211 parcels of property associated with the Escambia Treating site;

B. Authorize the payment of documentary stamps associated with the conveyance;

C. Authorize the payment of incidental expenditures associated with the recording of the Quitclaim Deed and;

D. Authorize the Chairman or Vice Chairman to sign all related documents, subject to Legal review and sign-off.

[Funding: Fund 352, LOST III, Cost Center 220102, Project 15NE3403]

BACKGROUND:

The Escambia Treating Company began operations in 1942 as a manufacturing facility for the treatment of wood products with creosote and continued operations until 1982, eventually abandoning the site in 1991. During its operation, the facility treated utility poles, foundation pilings and lumber with creosote and pentachlorophenol (PCP). Facility operations resulted in extensive contamination of soil with creosote, polycyclic aromatic hydrocarbons (PAHs), PCP and dioxin, which occurs as a common impurity in commercial-grade PCP. Soil contamination was present both at the former facility and in the surrounding neighborhoods. Contaminated wastewater and runoff from the former treatment area were the primary chemical wastes managed at the facility. PAHs are the primary contaminants in the ground water. The company site comprised approximately 26 acres; however the resulting soil cleanup and residential relocation would eventually expand to an additional 70+ acres and include 358 household relocations. EPA commenced physical soil cleanup operations in 1991 and substantially completed these operations by 2006. In 2012 issued the EPA the operations and maintenance plan for the remedial action.

In 2003 Escambia County commissioned a study for a master plan for the area as well as economic impact study to determine the viability of a commerce park at this location. The master plan was then incorporated into the Palafox Community Redevelopment Area (CRA) plan. In 2017 the County entered into an agreement with the Florida Department of Environmental Protection (FDEP) to take over operations and maintenance on the site if the County became the owner of the site.

There are restrictive covenants on the parcels being acquired from the federal government. These convenants include but are not limited to the following:

For All Properties:

The property shall not be used for residential purposes, day care centers, schools, playgrounds, athletic fields, camps, mining, agricultural purposes including community gardens or forestry.
EPA will have a permanent right of access at reasonable times.
Groundwater on the site shall not be used for any purpose until state groundwater standards are met.

For Properties on or Near the Cap:

There must be no drilling for water conducted on the property including monitoring wells unless pre-approved by FDEP.
Existing surface water and storm water management systems may not be altered without prior approval from the FDEP. There can be no new construction of new storm water systems without prior approval of FDEP. Construction of storm water infiltration structures or ponds is prohibited. Any storm water ditch must be lined to minimize infiltration into the soil cover or containment cell. No storm water control systems shall tie into or interfere with the containment cell subsurface drainage system.
Deep foundations such as pilings or piers are prohibited.
A minimum of two feet of must be maintained between the bottom of the building or lighting foundation and the top of the engineered containment cell.
The foundation design shall restrict the load on the underlying geosynthetics of the engineered cap to no greater than 3,500 pound per square foot.
Sand fill materials used below all foundations for the cover soils must be compacted to a minimum density of 95% of maximum density in accordance with ASTM D1557.
Deep rooted vegetation (root depth greater than 4 feet) is prohibited.
For the purposes of road construction 18 inches of the existing sand cover soil must be left between the road base material and the top of the engineered containment cell. A minimum of 3 feet must be left over the containment cell such that there is always a minimum of 3 feet between the final surface of a roadway and the containment cell.
For the purposes of railroad construction 24 inches of the existing sand cover soil must be left between the railroad base material and the top of the engineered containment cell. A minimum of 3 feet must be left over the containment cell such that there is always a minimum of 3 feet between the final surface of a railroad and the containment cell.
For the purpose of underground utilities a minimum of 18 inches must be left between the bottom of the utility or storm water drainage pipe trench and the top of the containment cell. The utilities shall not tie into or interfere with the engineered containment cell subsurface drainage system.
As part of any grading operations including parking areas and roads, minimum of 3 feet of total cover must be left between the final surface and engineered containment cell.
All construction plans within 100 feet of the cap must be submitted to FDEP for approval prior to construction.

BUDGETARY IMPACT:

The estimated cost of the annual operations and maintenance are about $50,000 annually.

LEGAL CONSIDERATIONS/SIGN-OFF:

The deed has been reviewed by the County Attorney's Office.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Escambia Treating Federal Parcels
Federal Parcels Map
Deed and Legal Description