05/21/02 Hansz to Harball/Contamination Release Letterg City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
May 21, 2002
To: Charles Harball, The City Attorney
Chris A. Kukulsld, City Manager
From: James C. Hans4 PE, Director of Public Works/City
Subject: Contamination Release Letter for MVP
We have reviewed the attached letter in comparison with the requirements of the MVP PUD
agreement. The agreement requires an MDEQ release letter for the site prior to any construction south of
the main entry road. The only problem we have with this release letter may be a technicality. We have
been informed that MDEQ only issue releases related to a specific point of contamination, not an entire
site. This release letter deals with a specific release at a specific tank on the eastern part of the site. This is
the parcel that has been cut out and sold for the Target store. We are further informed this is the only
contamination of record for the Target site. But, the area known as Area B, the area south of the entry
road (the Target site is part of this area) has at least two other problem points; one on the old MDT site
and another involving the concrete block Nupac officelshop building near the road. We do not have
releases for these sites. We do not know whether a release was ever issued for the MDT site. Remediation
testing is underway at the office area. A release will not be issued by NMEQ before satisfactory testing of
the office site is complete.
As a result, a release of the Target part of the site does not, and with the other known problem
locations, cannot constitute a release for the entire site. The intent of the PUD clause regarding
environmental hazards is to get the environmental problems cured and to prevent the piecemeal selling of
land around a problem area. I do not believe this is happening at this time. I think Crosswell is trying to
work several parts of the problem in parallel and is getting snagged up in the time needed for consultants
and MDEQ to do their testing and reviews.
Finally, we cannot expect to ever get a blanket release because it appears that MDEQ does not
operate that way. This should not be a problem so long as we have all the data to assess.
memo0282002
(-KUOOWtLL t urtK i iL;� rdX • (1J—ZOO—yL(6
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Date. 5M/02
TO: Charles Harball
Fro : star Beard, jr--��g
1a: Fax; 406.758.7771
Mountain View Plaza / ML3EQ Closure
Please find attached the closure letter for the MVP site. As discussed, this finalizes our
obligations regarding the clean-up and will allow Target to receive a foundation permit at a
minimum. If this is not your understanding or you need more information, please feel free to
calllne. Thanks.
2121 Sage Road, Suite 380
Mouetan, TX 77056
713.266.9200 Ext. 103
Fa% 266.9278
sbeard&rosswO31properties.con
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CROSSWELL PROPERTIES Fax:713-266-9278
Montana DevextMent of
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l.o. llgzx 2oa9ut - Keteau, MT 5967.0-09121 • (406) 444-ZS44 • ,..rr�v,deg_atatv.rrs�.us
May 17, 2002
jun Lynch
Nupax
2355 HiShWay 93 Xmt1 t
x,dispolt, W 59901 .
sul ject., lrjc>t cr Cr''=C&Uve ACK04 P-egt h4 for t]to patrokumRise at Nupak, 2355
Jftb"y 93 North, Xp4i"ll, UT: pacilttac III #1541349, Rdeasc R4083.
Dzar W, Lpth: .
Tho pcpaturleltt of Favira=0021 Q4AuW CDEQ) FettvlE= it el=c ScVdCln I RS} has reviewed
jrifo�tic�n associated arltl't s ,pertoleutri �l�asc s'c tl� above�xefcEcrtcCd toraildn, $astd an the nvsilable
tnfor&m4c;r#, it appears Tbartho aatree0ve ar,tiaaz was pMer artd ibat po farthar bivestiptiou or cke 4T
ueii'viOcs are: =4494L You n24y still be respmIsibie for axty damages not yeti Ideatiiiod resulting from leaks,
spills, or inTropar cjvsum *f 01c tanks).
The dECTslon that pa f4Tth= cPMr-uve 3=1*0 0 rertt}iMd 19 d als 140r-auny =31AC4 XBSWW Vach
clearly ipdie4ta That sail samples o'btgined Witte the tmt bls�z indicao au consftmts of c nown are,
oithpr ND or well below DEQ action stand V&} It does Rex appear there is a tbreat to hi4 ian health or to
TN. enviro=cnr.
Tho DIrQ Pls will mainWn Your "release" file S0 that if You tle04 ary tuformaiim in the fumm prr»y
problmus with yoor sits arise, it can he accmed OpAily. If you 44 have outMvAng pe=ix r6qWrCn=nTs
or %s duo, you wi71 be conxt4ted sepualpIyby Ote' acjlnical Sori+ic*c Sit =WS EnViro=merital Services
$ecClon,
If )eau hzVe WY questions anncerr4nx tNS leper please c=bpt axis aMcc as (4CQ 755,898S, M 5� The
D'EQ-M aggceciates your cooperadoa canceroi3g I've actiatz reftttir 's-
5ix►carejy,
aroiic Sigler
invfronu erttai. Spgciatist
ee: Carla Amdf, iaad & Wuler r-04 ft9, P•Q. BOX 4077, X,alls-11,11q.'T 599134
Flathead r: uvaty Sauitar;an. 723 ,5` , AVCnIm Aw% $auspell, W 59901
PpailiTy"I
RcrtR+�{�aq 5v,y;sw 7wi�h - l�f•��nF blw4tun - Pmn,�cihC $ �aeappenca p1v15"raft rlson)rt�, t'reva�tati � w�cugm+ �..�uw, - *,rsww,t�+ti p��w«,
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