Agenda - Rescinding Resolutions 4476 (Domesite) and 4477 (State Shop)June 11, 1999
S P E C I A L M E E T I N G N O T I C E
TO THE HONORABLE BOARD OF COUNCIL MEMBERS
CITY OF KALISPELL, MONTANA
HONORABLE MAYOR AND COUNCIL MEMBERS:
Pursuant to Ordinance 1166, Section 2-8(b), three Kalispell City
Council Members have called a Special Meeting of the Kalispell City
Council to be held Monday, June 14, 1999 at 6:30 p.m. in the
Council Chambers in Kalispell City Hall for the purpose of the
following:
1) RESCINDING RESOLUTION 4476 - A RESOLUTION ANNEXING THE
DOMESITE
2) RESCINDING RESOLUTION 4477 - A RESOLUTION ANNEXING STATE SHOP
ADDITION 286
We, the undersigned, members of the Kalispell City Council, do
hereby affirm we have called this Special Meeting to be held
Monday, June 14, 1999 at 6:30 p.m. in the Council Chambers in
Kalispell City Hall.
Councilor touricilor
Councilor
ATTEST:
Chris Kukulski
City Manager
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
CITY OF KALISPELL
CITY COUNCIL
SPECIAL MEETING AGENDA
JUNE 14, 1999 - 6:30 P.M.
COUNCIL CHAMBERS - CITY HALL
; �exe a
ROLL CALL
AGENDA APPROVAL
Rescinding Resolution 4476 - A Resolution Annexing the Domesite
2. Rescinding Resolution 4477 - A Resolution Annexing State Shop Addition No. 286
Reasonable accommodations will be made to enable individuals with disabilities to attend this
meeting. Please notify Theresa White, City Clerk at 758-7756
AFFIDAVIT OF SERVICE
CITY OF KALISPELL )
COUNTY OF FLATHEAD ) KALISPELL POLICE DEPARTMENT
STATE OF MONTANA )
I HEREBY CERTIFY THAT I received the within SPECIAL MEETING NOTICE
on June 11, 1999 and personally served the same to:
NAME DATE TIME
a< % 13Oz m
in the City of Kalispell.
POSTING OF NOTICE
After due and diligent search, I certify I was unable to
locate
in the City of Kalispell and,
therefore, posted it on the door of his residence pursuant to
Kalispell City Ordinance No. 1166, §2-8(c).
Date of return: Kalispell Police Department
Frank Garner,
Chief of Police
By
Officer
AFFIDAVIT OF SERVICE
CITY OF KALISPELL )
COUNTY OF FLATHEAD ) KALISPELL POLICE DEPARTMENT
STATE OF MONTANA )
I HEREBY CERTIFY THAT I received the within SPECIAL MEETING NOTICE
on June 11, 1999 and personally served the same to:
NAME DATE TIME
in the City of Kalispell.
POSTING OF NOTICE
After due and diligent search, I certify I was unable to
locate
in the City of Kalispell and,
therefore, posted it on the door of his residence pursuant to
Kalispell City Ordinance No. 1166, §2-8(c).
Date of return: Kalispell Police Department
Frank Garner,
Chief of Police
Officer
AFFIDAVIT OF SERVICE
CITY OF KALISPELL )
COUNTY OF FLATHEAD ) KALISPELL POLICE DEPARTMENT
STATE OF MONTANA )
I HEREBY CER'XIFY THAT I received the within SPECIAL MEETING NOTICE
on June 11, 1999 and personally served the same to:
NAME
in the City of Kalispell.
F. D
POSTING OF NOTICE
TIME
will
After due and diligent search, I certify I was unable to
locate 30414) otle'AVET in the City of Kalispell and,
therefore, posted it on the door of his residence pursuant to
Kalispell City Ordinance No. 1166, §2-8(c).
Date of return: �--11 12 ZS3 I/ Kalispell Police Department
Frank Garner,
Chief of Police
By �i? �.�r�l.
Officer
AFFIDAVIT OF SERVICE
CITY OF KALISPELL )
COUNTY OF FLATHEAD ) KALISPELL POLICE DEPARTMENT
STATE OF MONTANA )
I HEREBY CERTIFY THAT I received the within SPECIAL MEETING NOTICE
on June 11, 1999 and personally served the same to:
NAME DATE
in the City of Kalispell.
POSTING OF NOTICE
TIME
.m
After due and diligent search, I certify I was unable to
locate bALZ-- 1 46P in the City of Kalispell and,
therefore, posted it on the door of his residence pursuant to
Kalispell City Ordinance No. 1166, §2-8(c).
Date of return: 6 - fl - /q/1 Kalispell Police Department
Frank Garner,
Chief of Police
Byti %
Of f icer
AFFIDAVIT OF SERVICE
CITY OF KALISPELL )
COUNTY OF FLATHEAD ) KALISPELL POLICE DEPARTMENT
STATE OF MONTANA )
I HEREBY CER1XIFY THAT I received the within SPECIAL MEETING NOTICE
on June 11, 1999 and personally served the same to:
NAME
in the City of Kalispell.
DATE
POSTING OF NOTICE
TIME
.m
After due and diligent search, I certify I was unable to
locate �u �-' 50'j in the City of Kalispell and,
therefore, posted it on the door of his residence pursuant to
Kalispell City Ordinance No. 1166, §2-8(c).
� 6 3' hrcS
Date of return: ( r Kalispell Police Department
Frank Garner,
Chief of Police
By✓ (< z
Officer
AFFIDAVIT OF SERVICE
CITY OF KALISPELL )
COUNTY OF FLATHEAD ) KALISPELL POLICE DEPARTMENT
STATE OF MONTANA )
I HEREBY CER`,I'IFY THAT I received the within SPECIAL MEETING NOTICE
on June 11, 1999 and personally served the same to:
—�, NAME / DATE TIME
in the City of Kalispell.
POSTING OF NOTICE
After due and diligent search, I certify I was unable to
locate
in the City of Kalispell and,
therefore, posted it on the door of his residence pursuant to
Kalispell City Ordinance No. 1166, §2-8(c).
Date of return:
Kalispell Police Department
Frank Garner,
Chief of Police
By
Officer
RESOLUTION NO. 4485
A RESOLUTION RESCINDING A VOTE TAKEN AT THE COUNCIL MEETING OF THE
17Tx DAY OF MAY, 1999, AND REPEALING RESOLUTION NO. 4476, WHICH
PROVIDED FOR THE ANNEXATION OF DOMESITE ADDITION NO. 290.
WHEREAS, at the Council Meeting of May 17th, 1999, the City
Council passed Resolution No. 4476, which provided for
the annexation of certain real property commonly known as
the Domesite Addition No. 290, and
WHEREAS, Resolution No. 4476 by its terms is to become effective
on June 17th, 1999, and
WHEREAS, the City Council, in annexing Domesite Addition No. 290,
anticipated zoning the property through an Ordinance
(Ordinance No. 1312) approving a Planned Unit Development
Agreement on said property, and
WHEREAS, negotiations between the City and parties responsible for
development of said Addition have not been completed and
second reading of Ordinance No. 1312 was rejected at the
Council Meeting of June 7th, 1999, and
WHEREAS, to allow Resolution No. 4476 to take effect without
enacting zoning pursuant to a Planned Unit Development
Agreement would not be in the best interest of the City
or its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. That the vote taken on Resolution No. 4476 at
the Council Meeting of May 17th, 1999, is
hereby rescinded and said Resolution No. 4476
is by this action repealed.
SECTION II. This Resolution shall take effect immediately
upon its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA THIS 14th DAY OF JUNE, 1999.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO. 4486
A RESOLUTION RESCINDING A VOTE TAKEN AT THE COUNCIL MEETING OF THE
17Tx DAY OF MAY, 1999, AND REPEALING RESOLUTION NO. 4477 WHICH
PROVIDED FOR THE ANNEXATION OF STATE SHOP ADDITION NO. 286.
WHEREAS, at the Council Meeting of May 17tr, 1999, the City
Council passed Resolution No. 4477, which provided for
the annexation of certain real property commonly known as
the State Shop Addition No. 286, and
WHEREAS, Resolution No. 4477 by its terms is to become effective
on June 17th, 1999, and
WHEREAS, the City Council, in annexing State Shop Addition No.
286, anticipated zoning the property through an Ordinance
(Ordinance No. 1312) approving a Planned Unit Development
Agreement on said property, and
WHEREAS, negotiations between the City and parties responsible for
development of said Addition have not been completed and
second reading of Ordinance No. 1312 was rejected at the
Council Meeting of June 7"', 1999, and
WHEREAS, to allow Resolution No. 4477 to take effect without
enacting zoning pursuant to a Planned Unit Development
Agreement would not be in the best interest of the City
or its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. That the vote taken on Resolution No. 4477 at
the Council Meeting of May 17th, 1999, is
hereby rescinded and said Resolution No. 4477
is by this action repealed.
SECTION II. This Resolution shall take effect immediately
upon its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA THIS 14th DAY OF JUNE, 1999.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO. 4476
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REAL PROPERTY OF 51 ACRES OF LAND LOCATED GENERALLY AT THE CORNER
OF U.S. HIGHWAY #93 AND WEST RESERVE DRIVE AND DESCRIBED AS
ASSESSOR'S TRACT 3A, 3D, 3E AND 4C LOCATED IN SECTION 31, TOWNSHIP
29 NORTH, RANGE 21 WEST, F.M.M., FLATHEAD COUNTY, MONTANA, TO BE
KNOWN AS THE DOMESITE, ADDITION NO. 290; AND TO DECLARE AN
EFFECTIVE DATE.
WHEREAS, on May 12, 1998, the City of Kalispell received a
petition from Pack & Company, the owner of the property described
as Assessor's Tract 3A, 3D, 3E and 4C located in Section 31,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana,
and
WHEREAS, the Flathead Regional Development Office has made a
report on the Domesite Annexation and Zoning Request, #KA-98-4,
dated August 4, 1998, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell, and
WHEREAS, on April 3, 1994 the City Council of the City of
Kalispell adopted, pursuant to Section 7-2-4610, Montana Code
Annotated, an Extension of Services Plan which anticipates
development of City services for approximately five years in the
future, and
WHEREAS, the proposed annexation complies with said extension
of services plan and provides for financing the extension of
municipal services or maintenance of existing services by utilizing
funds allocated and expended, pursuant to the annual City budget
without incurring additional bonded indebtedness,, and
WHEREAS, the area is included within and conforms to the
Kalispell City -County Master Plan, and
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Title 7, Chapter 2, Part 46, Montana Code
Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That all the real property as is more
particularly described as Assessor's Tract 3A, 3D, 3E and
domesite.wpd 1
4C located in Section 31, Township 29 North, Range 21
West, P.M.M., Flathead County, Montana, shall be annexed
to the City of Kalispell and the boundary of the City is
altered to so provide, and shall be known as Domesite
Addition No. 290.
SECTION II. Upon the effective date of this Resolution,
the City Clerk is directed to make and certify, under the
seal of the City a copy of the record of these
proceedings as are entered on the minutes of the City
Council and file said documents with the Flathead County
Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk, or on the effective date
hereof, whichever shall occur later, said annexed
territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws
and ordinances and regulations in force in the City of
Kalispell and shall be entitled to the same privileges
and benefits as are other parts of the City.
SECTION III. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 17TH DAY OF MAY, 1999.
Wml ldhQr .
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
domesite.wpd 2
RESOLUTION NO. 4477
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REAL PROPERTY OF APPROXIMATELY 8.883 ACRES, MORE OR LESS; DESCRIBED
IN PARCEL 2 OF CERTIFICATE OF SURVEY NO. 12230 SITUATED IN U.S.
GOVERNMENT LOTS 1 AND 2 OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, LOCATED SOUTHEAST OF THE
INTERSECTION OF HIGHWAY 93 NORTH AND RESERVE DRIVE, NORTH OF THE
CITY LIMITS, TO BE KNOWN AS THE STATE SHOP ADDITION NO. 286; AND TO
DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Timothy Reardon, Chief Legal Counsel, for the Montana Department of
Transportation, the owners of the property described as Parcel 2 of
Certificate of Survey No. 12230 situated in U.S. Government Lots
1 and 2 of Section 31, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana, and
WHEREAS, the Flathead Regional Development Office has made a
report on the Montana Department of Transportation Annexation and
Zoning Request, #KA-98-4, dated August 4, 1998, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell, and
WHEREAS, on April 3, 1994 the City Council of the City of
Kalispell adopted, pursuant to Section 7-2-4610, Montana Code
Annotated, an Extension of Services Plan which anticipates
development of City services for approximately five years in the
future, and
WHEREAS, the proposed annexation complies with said extension
of services plan and provides for financing the extension of
municipal services or maintenance of existing services by utilizing
funds allocated and expended, pursuant to the annual City budget
without incurring additional bonded indebtedness, and
WHEREAS, the area is included within and conforms to the
Kalispell City -County Master Plan, and
WHEREAS, on October 22, 1998 the City Council of the City of
Kalispell adopted Resolution No. 4432, a Resolution of Intention to
annex said property, and
H:\att\wp\shop.wpd
WHEREAS, the City of Kalispell desires to annex said property
in accordance with Title 7, Chapter 2, Part 44, Montana Code
Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That all the real property as is more
particularly described as Parcel 2 of Certificate of
Survey No. 12230 situated in U.S. Government Lots 1 and
2 of Section 31, Township 29 North, Range 21 West,
P.M.M., Flathead County, Montana and shall be known as
Addition No. 286.
SECTION II. Upon the effective date of this Resolution,
the City Clerk is directed to make and certify, under the
seal of the City a copy of the record of these
proceedings as are entered on the minutes of the City
Council and file said documents with the Flathead County
Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk, or on the effective date
hereof, whichever shall occur later, said annexed
territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws
and ordinances and regulations in force in the City of
Kalispell and shall be entitled to the same privileges
and benefits as are other parts of the City.
SECTION III. This Resolution shall be effective 30 days
from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 17TH DAY OF MAY, 1999.
a
Wm. E. Boharski
Mayor
Attest:
Ai4
1�6�oe —
Theresa White
City Clerk
H:\att\wp\shop.wpd
May 14, 1999
GROWLEY, HAUGHEY, HANSON, TOOLE
& DIETRICH P.L.L.P.
ATTORNEYS AT LAW
GARELD F. ERIEG
DEBRA D. PARKER
100 NORTH PARK AVENUE
ARTHUR F_ LAMEY, JR.
MYLES J. THOMAS
MALCO
MALCOLM H. RICH
NARY SCRIM DYER
DYH
500 TRANSWESTERN PLAZA II
SUITE 300, PO BOX 797
GEORGE C. DALTHORP
JON T. DYNE
490 NORTH 31ST STREET
HELENA, MT 59624
1. JAMES HECKATHORN
ERIG K. ANDERSON
PHONE (406) 449-4165
DAVID L. JOHNSON
BRUGE A. FREDRICKSON
P.O. BOX 2529
KEMP J. WILSON
RENEE L. COPPOCK
BILLINGS,
HERBERT 1. PIERCE, III
JANICE L. REHBERG
MONTANA 59103-2529
113 EAST BROADWAY
TERRY B. COSGROVE
JOE C. MAYNARD, JR.
TELEPHONE (406) 252-3441
PO BOX 1206
RONALD R. LODDERS
*PATRICK O. SOGARD
WILLISTON, ND 56802-1206
JOHN R. DUDIS, JR.
JOHN R. LEE
PHONE (701) 572-2200
LAWRENCE B. COZZENS
STEVEN R. MILCH
STEVEN RUFFATTO
SCOTT M. HEARD
ALLAN L.KARELL
LEONARD H. SMITH
431 FIRST AVENUE WEST
JAMES P. SITES
NEIL G. WESTESEN
PO BOX 759
DANIEL D. JOHNS
ANTOINETTE M. TEASE
KALISPELL, MT 59903-0759
CAROLYN S. OSTHY
JILL B. KELLER
(406)
STEVEN J. LEHMAN
MICHAEL S. LAHR
June 14, 1999
PHONE 752-6644
LAURA A. MITCHELL
KURT G. ALM£
CHRISTOPHER MANGER,
JR. MIGHAEL E. FRANK
GALE CROWLEY
MICHAEL E. WEBSTER
DAVID M. WAGNER
(1912-1997)
DANIEL N. MGLEAN
SHANE D. PETERSON
ROBERT G. MICHELOTTI,
JR. MATTHEW F. MCLEAN
DONALD R. MURRAY, JR.
JOHN M. FITZPATRICK
OF GOUNSEt.
JAMES M. HAUGHEY
JOHN R. ALEXANDER
M. SCOTT REGAN
NORMAN HANSON
DONALD L. HARRIS
WILLIAM L. DAVIES
BRUGE R. TOOLE
WILLIAM D. LAMDIN, III
VINCENT G. RIEGER
JOHN M. DIETRICH
WILLIAM J. MATTIX
KRISTA L. MUTGH
LOUIS R. MOORE
PETER F. HABEIN
SHARON NOVAK
NEIL S. KEEFER
MICHAEL S. DOCKERY
GARY M. CONNELLEY
FRED E. WHISENAND
CALVIN S. ROBINSON
*LICENSED ONLY M NORTH
DAKOTA
.
STUART W. CONNER
Honorable Board of Council Members
City of Kalispell, Montana
Kalispell, Montana 59901
Dear Council Members:
I am writing to you on behalf of our client, NUPAC/Pack & Company, regarding item # 1
on the agenda for the special meeting of the council for the City of Kalispell scheduled for
tonight. Our client objects to the city's attempt to rescind Resolution 4476 which was passed and
approved by the city council on May 17, 1999. There is no authority which would allow the City
to rescind its prior decision.
The legislature has enacted specific statutory procedures for the annexation of land by a
city. In this particular case, annexation was accomplished under Title 7, Chapter 2, Part 46 of the
Montana Code Annotated. Approval of the petition to annex under section 7-2-4606 requires the
city to follow certain procedures. First, the city must pass a resolution and incorporate it into the
minutes of the governing body. This, the city has done. Second, upon incorporation in the
minutes, sections 7-2-4606(2)-4607, MCA, requires that the resolution then be filed with the
county and that the annexation shall become effective. The statute allows no discretion, either
upon the part of the city clerk or the city council, as to whether the document is to be filed with
the county —the "document shall be filed." Upon filing of said document, the annexation "shall
be deemed and shall be complete." The language of the statute is clear —upon passage of a
resolution to annex land, the record of the proceedings must be filed with the county and the land
must be annexed. The use of the term "shall" by the legislature means that these things must
occur --there is no room for discretion. There is no statutory authority for rescinding a resolution
to annex land.
ESTABLISHED 1895
City of Kalispell, Board of Council Members
June 14, 1999
Page 2
Resolution 4476 provided for the annexation of specified land owned by Pack &
Company. Section I of the Resolution stated that the land "shall be annexed." The Resolution
was "passed and approved" by the city council and signed by Mayor Boharski. It also provided
that the Resolution was to be effective 30 days after passage, and directed the city clerk to file a
copy of the proceedings with the clerk and recorder. NUPAC asserts that this Resolution
provides that the land must be annexed no later than June 17, 1999, and that the City does not
have the authority to rescind the Resolution. While a delayed effective date may be permitted
under the statutes, this does not give the city the authority to change its mind and not complete
the annexation.
By attempting to rescind the Resolution, the city is attempting to exclude the land from
the city. The city cannot exclude annexed land unless it follows the statutory procedures
provided in Title 7, Chapter 2, Part 48 of the M.C.A. By taking action via this special meeting of
the city council, these procedures are clearly not being followed.
NUPAC has spent considerable amounts of money based upon the action of the city
council to date. A grave risk exists that negotiations with possible developers will terminate if
the city votes to rescind the Resolution. If these developers walk away as a result of the city's
actions, NUPAC will lose millions of dollars and may consider the city liable for these damages.
NUPAC and we are of the opinion that there is no legal basis for the city causing these kinds of
damages.
The city has no legal basis for voting to rescind the Resolution. According to the statutes,
the land must be annexed. We respectfully request that the city remove item #1 from its agenda
for tonight and let the Resolution stand.
:ccg
Citizens for a Better Flathead
Thank You
Kalispell City Council!
We applaud your decision to deny
on the DomeSite project be cause:
• The dome is NOT a part of this project. It is big
box stores that displace smaller locally owned
downtown businesses with no real benefit to our
city tax base.
• The developer failed to provide critical and
required reports to you or the public.
• This is an industrial site used for making asphalt.
Water quality and hazardous waste studies were
not provided to the city or the public.
• City staff has not been given essential informa-
tion to determine the cost of providing needed
city services.
• Developer -proposed design standards are serious-
ly inferior to those the city approved for Buffalo
Commons and the State Lands commercial de-
velopment. You should insist on high -quality
standards.
• The developer has failed to agree to city -proposed
cash bonding. It has offered the gravel pit and
land as collateral.
The public has been kept in the dark about
this project for too long. Thank You City
Council for seeing that this development
was not a good one for the community or
the taxpayers.
0611411999 14:20 4/167568568
�i
T
- P iASTa I ENVIRONMENTAL SITE ASSESSMENT
NUPAC GRAVEL PIT PROPERTY
} 2355 US HIGHWAY 93 NORTH
KALISPELL, MONTANA
i
PREPARED FOR:
PACK AND CO.
2355 HIGHWAY 93 NORTH
KALISPELL, MONTANA 59901
PREPARED BY:
NTL ENGINEERING AND GEOSCIENCE, INC.
GREAT FALLS, MONTANA
PROJECT NO.199-704
PAGE 01
MAY 14,1999
OE6/14/1999 15:01 4067568568 PAGE 01
1.0 INTRODUCTION
NTL Engineering and Geoscience, Inc. (NTL) has completed a Phase I Environmental Site
Assessment (ESA) for the NUPAC Gravel Pit Property located at 2355 US Highway 93 North in
Kalispell, Montana (Figure 0. The assessment was conducted under the ,guidelines set forth in the
ASTM Standard on Environmental Site Assessment for Commercial Real Estate, ASTM E1527-97
and our proposal dated April 21, 1999.
Environmental assessments are typically conducted in three phases. Phase I is a review of
historical site uses and site features to ascertain the potential for contamination at a site. If results
of the Phase I assessment indicate significant potential for contamination, a Phase II assessment is
conducted, generally consisting of a limited field exploration and sampling program to verify the
presence or absence of hazardous or regulated substances. The Phase II assessment will also begin
to quantify the suspected contamination extent and concentration. Results of the Phase II
assessment may indicate the need for conducting a Phase M assessment (remedial investigation) to
fully determine the extent and concentration of on -site contamination, and to plan remedial actions.
The object of this Phase I ESA was to evaluate the potential for contamination of soil and/or
groundwater which may have occurred due to release of hazardous substances or petroleum products
during current or previous site activities or activities occurring on neighboring sites. The following
investigation activities were completed to meet the assessment objectives:
• Historical site usage and ownership were reviewed using available property
records and aerial photographs.
• A site visit was completed to evaluate surficial evidence of the presence or
absence of hazardous materials or petroleum products at the site.
The Montana Department of Health and Environmental Quality (DEQ) was
contacted to determine the status of the site or neighboring properties with
i regard to petroleum releases from storage tanks or supply lines and surface
releases of hazardous materials. Information concerning RCRA and
Superfund status of neighboring facilities was also reviewed from Hazardous
Waste and Superfund divisions of DEQ.
• Interviews were conducted with persons claiming knowledge of the past
activities on the property and on neighboring sites, where possible.
The following sections provide a description of the subject property, our study methods,
along with results and conclusions of the assessment.
2.0 SITE DESCRIPTION
The subject site is located at 2355 US Highway 93 North (USH 93N) in Kalispell, Montana
(Figure 1). The property, which consists of two individual tracts of land, is located just north of the
city limits for Kalispell and occupies 50.478 acres. The subject site has a legal description of Parcels
06I14/1999 14:20 4067568568 PAGE 02
1 and 3 (Assessor's Tracts 3D and 3E) in Lot 2 and is in the NW comer of Section 31, `1'29N, R21 W.
p.M.M. Flathead County, Montana. The property is irregularly shaped but has dimensions
measuring roughly 1800 by 1200 feet. The property is used primarily as a source of gravel and sand
for aggregate in asphalt concrete (AC) and Portland cement concrete (PCC) production. There are
a number of buildings on the site, as well as two construction materials production operations (AC
and PCC). The site has two water wells and several on -site septic disposal systems. The site is only
lightly vegetated near the perimeters being covered primarily with a mixture of gravel, AC, and PCC
surfacing. There is a large open pit gravel mining operation in the central portion of the site. Soil
berms, concrete barriers and chain link fencing are used to separate the site from the neighboring
properties.
i The NUPAC gravel pit site is partially bounded by USH 93N on the west side with the State
' of Montana Department of Transportation (MDOT) site located adjacent to the west side of the
NUPAC site (Figure 2). There is an Ole's convenience store adjacent to the northwest corner of
NUPAC with West Reserve Street bounding the remainder of the north property line. The east side
of the subject site is adjacent to a cultivated field while the south side borders undeveloped acreage.
There is residential development to the north of the site and to the northwest of Ole's, with
undeveloped land to the west across USH 93N. There are some farm buildings about 1/4 mile to the
southeast and the Flathead Community College campus is located about 1/3 mile to the south with
a newly constructed softball complex west of that. The Stillwater River crosses diagonally from
1 northwest to southeast less than 114 mile east of the site (Figure 1).
The site topography is somewhat irregular with highest point on the site in the southwest
portion where the offices and shop are located. The floor of the gravel pit is over 50 feet below the
surrounding terrain (See Figure 2). Substantial site grading has altered the natural drainage across
f . most of the site. Groundwater flow direction is not known at the site, but it is likely influenced by
4 the Stillwater River, indicating an easterly or southeasterly flow. The depth to groundwater for this
site can be estimated from the water well logs for the site which indicated a static water levels of 82
and 90 feet when the wells were completed. The site is in the central portion of the large river valley
' where Kalispell lies and the depth to bedrock is not known but is believed to be relatively deep (more
than 200 feet).
3.0 ASSESSMENT lt'FETHODS AND RESULTS
Site activities were conducted by NTL during early May 1999. Activities included
conducting a site reconnaissance, a site historical review, a review of public records for the site, and
interviews with persons having knowledge of the site and it's history. The methods used and results
of the ESA are discussed below.
3.1 SITE RECONNAISSANCE
The primary objective of the site reconnaissancY was to collect information about the subject
site through visual observations. We visited the site on May 5, 1999. Two Figures are referenced
throughout this report section, Figure 2 which is the site plan for the entire site and Figure 3 which
is a more detailed site plan for the southwest part of the site (Tract 3D). We also reference
photographs which are included in Appendix A. Jim Lynch, owner of the facility, provided a tour
3
06/14/1999 14:20 4067568568
l
��r J
Ole's Site
MWT ASTs
t3*-MVOT ASTs
MpQ'r site
i
See Figure 3
for Site Plan /
for SW part
of site
177-
. rty tine — —
PAGE 03
' �- West Reserve Street y"'"'
J•
oil Pil Pro , Line
rrs �G
V
ettl 8
u, Fonds 1
t
— Gravel Pit NORTH
Shaker Operation
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t to Swe
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--aCalciurn AST
g , ,-*pane
Barrels
Yana-�
Project: Phase I ESA - NUPAC Gravel Pit Pro Project Number. 199-704
Kal!V&IMontam Date- may 1999
-- Site Plan
NTL Engineering and Geoscience Figure 2
Great Falls, MT
4
06/14/1999 14:20 4067568568 PAGE 04
of the site at the beginning of our site reconnaissance. His comments and answers to later questions
are included througAiout the discussion that follows.
There are a number of buildings and other fixed structures on the site. The offices and shop
complex were located in the southwest corner of the site (Figure 3). Site buildings include lean-to
sheds and a warehouse (Photo 8) along the property line with the MDOT site. There is a small
building with two dispenser pumps near the east end of the lean-to shed, which is centered above six
of the seven underground storage tanks (DST's) located at the site (Photo 7). The seventh UST is
located near the northwest corner of the shop (Figure 3). A two stony masonry AC operations
building and the AC production plant were located near the southeast corner of Tract 31) of the site
(Figure 3). The PCC production ,plant was located near the southeast corner of the overall site.
There was a wood frame slab -on -grade building on the north side of the PCC batch plaza which was
not in use at the time of our visit but had previously been used as a construction materials testing
laboratory in the past. There was an aggregate screening (shaker) operation in the base of the gravel
pit consisting of a number of conveyors and power equipment. The majority of the southwest part
of the site (Tract 3D) is paved with asphalt concrete as shown on Figure 3.
There are 16 ASTs and 7 USTs on the site which are used for various purposes (Figures 2
and 3). There is a used oil. AST located on the north side of the shop (Figure 3 and Photo 2). There
was evidence of oil spillage on the ground around the waste oil tank and two barrels were against
the tank. The area under the waste oil tank was reportedly paved with asphalt, but at the time of our
visit, there was soil covering the area near this AST. There was a large grouping (11) of ASTs south
of the AC production operation (Photos 9 and 10). Mr. Lynch indicated that 8 of these tanks are not
in use at the present time and the remaining three contained liquid asphalt (Photo 10). He did
indicate that one or two of the empty tanks were occasionally used to store tack oil or transfer oil.
There was a half buried tank located near the southeast corner of the southwest portion of the site
(Figure 3 and Photo 12). This tank had been used by NUUPAC to store diesel fuel for use in coating
the asphalt deliver trucks to prevent the asphalt from adhering to the truck boxes. This tank was
empty at the time of our visit and is no longer in use. There was some soil discoloration in the
immediate vicinity of this AST. It was not known if there was pavement around this AST, but the
surface appeared to be covered with soil.* There was two propane ASTs at the site, one southwest
of the AC plant (Photo 17) and one adjacent to the north side of the PCC plant. There was also a
calcium chloride tank along the north side of the PCC plant. Six of the seven USTs were located
under the dispenser islands and pump building (Photo 7). The USTs consisted of a gasoline tank,
and five diesel fuel tanks with the following capacities: 2-6,000 gallon, 1-7,500 gallon, 1-8,000
gallon and I -10,000 gallon. There was also a 4,000 gallon heating oil UST near the northwest corner
of the shop (Figure 3). Mr. Lynch indicated that all seven t JSTs were empty, having been taken out
of service in December 1998. The USTs were awaiting ,removal.
There were numerous 55-gallon barrels and buckets observed at the site. As stated in the
previous paragraph, there were a number of barrels in the vicinity of the waste oil AST. Some of
these contained fluids and some were empty. There were several locations were th= was oil stored
in buckets or barrels (Photos 3, 4, 10, 11,14 and 16) with evidence of spills and stains on the adjacent
surfaces. There was a group of approximately 50 barrels located east of the AC plant (Figure 3,
Photos 15 and 16) which contained either tack oil or hear transfer oil. Mr. Lynch indicated that the
06/14/1999 14:20 4067568568
PAGE 05
\ t4
� a
L
w
a
_
r�
1
� �
F
(J �'i�z3'oy .� Clvcrfloiv Trench
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OCOY
o.
[�a
— — US Mpway 93 go -Rh—
Project: Phase I ESA • NUPAC GmveI_Pit Property Project Number: I99-704_.
K ispe ontana Date- May 1999
Site Plan -Strop Area
NTL Engineering And Geoscience Figure 3
p` Great Falls, MT
w ■iw
6
06/14/1999 14:20 4067568568 PAGE 06
oil in these barrels stored in that location pending future use. There were other barrels scattered
around the site which contained heat transfer oil (Photo 10 and 11). The area around the liquid
asphalt ASTs had evidence of spills and staining of the ground surface from the liquid asphalt. The
heat transfer oil is used to heat the asphalt to enable it to flow. There were numerous pipes and hoses
observed in the immediate vicinity of the asphalt tanks, as well as a pump unit (Photos 11 and 13)
which showed evidence of leakage or spills. There was a puddle of liquid asphalt next to the pump
unit (Photo 13). We also observed an uncovered bucket full of oil or liquid asphalt and soil staining
adjacent to the south fence line by the asphalt tanks: The area around the liquid asphalt tanks was
apparently surfaced with gravel (Photos 10, 11 and 13). There was a wet scrubber pond south of the
asphalt plant which appeared to be used for removing fines from aggregate for AC production. We
observed a =all petroleum stain on the ground near the southeast corner of the scrubber pond.
The equipment (trucks, tractors, pavers, etc,) used by N-UPAC were parked at a variety of
places on the southwestern portion of the site, including along the south property line, in the lean-to
sheds north of the shop and along the north property line with the MDOT site (Figure 3 and Photo
5). Most of the equipment had leaked crankcase type oil onto the ground under the equipment
(Photos 5 and 6). The area bordering the MDOT property was not paved for an unknown distance
j from the fence and some of the oil staining was observed to be on the bare ground. There .were
similar stains in the lean-to sheds on the west side of the shop. We observed a drain which extended
from the northwest corner of the sheds as a shallow trough in the concrete, extending to the west
through the foundation wall of the shed (Photo 1 and Figure 3). Mr. Lynch indicated that the drain
flowed to the west into a storm drainage system by the highway. There were two sets of three power
transformers on pole structures along the south property boundary (Figures 2 and 3, Photos 17 and
18). These transformers appeared to be in good condition with no evidence of leakage.
The offices and shop were constructed of metal with a slab on grade foundations. The offices
were located on the west side of the structure with the shop to the east. � The shop had four large over
head doors on the south side with three of the doors having matching doors on the north side. There
was a hydraulic lift in one of the bays and the eastern most bay was walled individually. This bay
had apparently beer. used for painting in the past, but it appeared to be used primarily for storage at
the time of our visit. There had formerly been floor drains in the shop area, but according to Mr.
Lynch, they had been filled with PCC in the early 1990's. The former drains had been located along
the south edge of the shop area. There was a small parts washing station observed at the southwest
corner of the shop. Mr. Lynch indicated that this station did not use Stoddard solvents and the
excess used solvents were collected for disposal by a company called Ozzie's from Missoula. This
company also collected the waste oil from the AST outside the shop on the north. There was a small
room on the northwest corner of the shop which contained a number of small storage tanks for
lubricating oils. There was a parts room northwest of the oil storage room. The lean-to sheds
extended from the parts room to the the north property line (with MDOT) and then to the east (Figure
3). There was a pressure washing station observed on the east side exterior of the shop.
There was a large bone yard of abandoned equipment located in the southeast corner of the
main portion of the site (Figure 2). This contained primarily trucks and other types of vehicles with
some conveyors and other mechanical equipment. The bone yard area had been built up with fill
materials. The PCC plant was located near the bone yard with the former testing lab building north
VA
06/14/1999 14:32 4067568568 PAGE 01
of it (Figure 2). One of the two site water wells (12 inch cased well) was observed on the north side
of the former testing building. There were a number of blue and black 55 gallon barrels around the
PCC plant. These were reported to contain air entrainment solution, which is used in PCC mixtures.
There was no evidence of spills or soil staining near these barrels. There was a inactive conveyor
system located west of the testing lab building. The main gravel pit was located north of this
'. conveyor system and testing lab building. "There were several roads which lead into the pit, including
one on the south end, one on the west side and one on the north end. The west side road was the
main road used by on -site equipment. There was an ongoing mining and conveyor/shaker/screening
operation in the bottom of the pit at the time of our visit. This operation consisted of a number of
} shaker screens with conveyor belts separating and moving gravel and sand materials to speck
areas. There was a portable generator providing power for the operation adjacent to the other
equipment. A washing portion of the operation removed fine grained soils from the final product
and this was carried via hoses to a pair of settling ponds located in the north end of the pit (Figure
1 2 and Photo 20). There was a large pile of debris between the two ponds which Mr. Lynch indicated
I were remains of a burn pile. He indicated that they burned tree stumps, brush and unpainted wood
products scraps from sites where they conducted clearing and building demolition. He indicated that
the burn pile remains would be hauled to the municipal landfill for final disposal. We also observed
dump trucks depositing loads of soil, PCC (both excess from deliveries and demolition debris), AC
and other construction debris into the gravel pit near the northwest portion of the pit (Figure 2 and
Photo 19). Mr. Lynch indicated that this operation was part of their reclamation plan for the gravel
pit. There were a number of piles of soil materials stockpiled north of the gravel pit in an area that
appeared to have seen little development. This part of the site north of the gravel pit was also the
1 most heavily vegetated part of the site with native grasses and weeds growing over most the this
1 area. A large power line, including two steel support towers which were located on the site, crossed
.the northwest corner of the site (Figure 2 and Photo 20). Mr. Lynch also told us that Jack Hutton,
who was a former owner of the property and had passed away, had formerly owned the group of
buildings located southeast of the subject site.
3.2 SITE HISTORICAL REVIEW
Public records , aerial photographs and other sources were used to document the history of
the site and surrounding area. interviews were conducted with persons having knowledge of the site
history where possible.
r r
t
We reviewed deed information on the site at the Flathead County Courthouse in Kalispell,
Montana on May 4, 1999. The site is described as Parcels 1 and 3 in Lot 2 (Assessor's Tracts 3D
and 3E) according to the plat on file at the office of the Clerk and Recorder of Flathead County,
Montana and is located within the NW 1/4 of Section 31, T29N, R21W of the P.M.M., Flathead
County, Montana. The present property owner is the State of Montana.
06/14/1999 14:32 4067568568
PAGE 02
DEED INFORMATION
Montana DOT Maintenance Property
Kalispell, Montana
Owner
Im—ct
1899
Charles A. Hamen
1900
Fred J. Sarffent
1900
Gust Garrien
1900
Kalispell Malt azid Brewing Co.
1909
Irving Evertt
1909
Gordon H. Adams
1947
James Hunter & Luella White
1952
1971
Pack & Co.
Tract 3
Charles A. Hamen
Fred J. Sarffent
Gust Garrien
Kalispell Malt and Brewing Co.
Irving Evertt
Gordon H. Adams
Jack & Evelyn Hutten
Pack & Co.
The site is located outside the Kalispell city limits and is governed by Flathead County
zoning. The property is presently zoned 11 for industrial development. There are no city services
available to the property and it is in a rural fire district (Valley West). There is a proposed re -zoning
for the site to B2 with a PUD overlay. This is a commercial business zoning under a planned unit
development requirement. This re -zoning is related to the proposed development of the site and
immediate vicinity :for construction of a large special events domed structure and surrounding
commercial/retail development.
Aerial photographs were reviewed at the Flathead County Soil Conservation Service Office
in Kalispell, Montana for the years 1937, 1946, 1954, 1961, 1974, 1979, and 1990/91. A brief
discussion for each photo is presented below. Due to poor reproduction quality of the photos, copies
have not been included with the report.
1937 - The subject property appeared to be largely undeveloped, although it was possible
some limited agricultural activities had occurred. The area around the site appeared to be largely
undeveloped or in use as agriculture fields. The USH 93N was present as was a road where Reserve
Street is presently located to the north of the property. There were no buildings in the immediate
vicinity of the site with the exception of a group of buildings located about 1/4 mile southeast of the
site that appeared to be farm buildings. These buildings were identified as later having belonged to
Jack Hutton, one-time owner of the gravel pit property.
1946 - There were few changes between the 1937 and 1946 photos. There was a large
structure on the MDOT site and clearer evidence that soil excavation/movement had occurred at the
site (and neighboring site - MDOT). There may have been a small reservoir located on the east part
of the site. Agricultural land use remained the only development in the immediate site vicinity.
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06/14/1999 14.:32 4067568568 PAGE 03
1954 - There were no significant changes from 1946 to 1954 at the site. There was no longer
evidence of a large structure on the neighboring MDOT site but there was a small building or tank
on that site which was casting a shadow. There appeared to be limited gravel mining activities on
portions of the site nearest the MDOT property. The north and east portions of the site appeared to
be farmed. The large overhead power lines, which presently cross the northwest corner of the subject
site, could be seen for the first time in this photograph. The small reservoir was no longer evident.
1961 - The site had undergone some changes'compared to the 1954 photo with regard to the
' gravel operation. There was more extensive working in the NUPAC gravel pit area in the center of
` the site where the main pit is presently located. Access into the gravel pit was a road which passed
through the MDOT site. The north and east portions of the site, as well as surrounding development,
continued to be primarily agricultural in nature.
1974 - There were more significant changes since 1961 as the NUPAC main offices were
first observed to be present and the gravel pit continued to expand. Pack & Company had purchased
the property in 1971 and the gravel pit operation was significantly more complex than it had been
in previous photos. There was residential development about one mile south of the site as the City
of Kalispell expanded. However, the lands surrounding the NUPAC and MDOT sites remained
primarily agricultural.
1979 -The NUPAC gravel pit continued to expand. The scale of this photo allowed
observation of most of the fixed structures presently on 'the site. The north and east parts of the site
no longer appeared to be used for crops. There was a feature on the MDOT site which cast a large
crescent shaped shadow.
4990/91 - The subject site was very similar to the present configuration. The convenience
1 store is first noted in this photo, as well as extensive housing to the northwest and north which was
not present in 1979.
.i
! 3.2.4 $.gnbo1,p MaDoolkby by it tQ
Since the property was not in the City of Kalispell Limits and it has been undeveloped, we
did not research Sanborn Maps or Polk City Directories.
3.3 OFF -SITE /REGULATORY REVIEW
Information was reviewed for the potential of neighboring properties to contribute
contamination to the subject site. Public officials were interviewed about the regulatory status of
neighboring sites and data base information was reviewed. Visual reconnaissance of neighboring
properties was also conducted where practical. Search areas for the regulatory review were in
accordance with ASTM Guidelines.
There were no Federal EPA Superfund National Priorities List (NPL) or State Superfund
(CECRA) sites within the one -mile search radius of the subject site. There were no Federal
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'06/14/1999 14:32 4067568568 PAGE 04
s
6
Comprehensive Environmental Response, Compensation and Liability Index System (CERCLIS)
listings within a one-half mile radius of the subject site.
The Resource Conservation and Recovery Act (RCRA) data base is a compilation of
reporting facilities that generate, store, transport, treat or dispose of hazardous waste. This data base,
which is maintained by the Montana DEQ, was searched to identify RCRA facilities near the subject
site. ASTM requires that the subject site and adjoining properties be reviewed for RCRA
Generators. The NUPAC facility has been inspected and is in the RCRA database list under an
exempt status which indicates that they do not generate sufficient hazardous materials to be listed.
We contacted Mr. Bob Rheinke at the Hazardous Waste section of the Department of Environmental
Quality (DEQ) who confirmed this status and indicated that two inspections had been made in the
past and there were no hazardous material concerns. There were some solid waste concerns with
regard to the dumping of concrete, asphalt and soil into the gravel pit along the northwest portion
of the site, as well as the burning of wood products. The Solid Waste Division was planning an
inspection for May-13;:1999. ?
"; The MDOT site is listed as a large scale generator of hazardous materials. We discussed the
MDOT site with Mr. Rheinke who indicated that leaded paint stored in ASTs on the site was the
I primary reason for the large quantity status. Toluene, a solvent related to the use of paint, is also
I.stored and used on the site. Mr. Rheinke indicated that during an inspection several years ago, there
had been a waste oil AST east of the present location of the paint ASTs. The waste oil was observed
-,�q1 to be leaking from the AST onto the ground and there were some leaky barrels in the vicinity. The
waste oil was removed from the site and contaminated soil was excavated and removed from the site,
There have been no known releases since then, although Mr. Rheinke expressed concern about the
paint spillage near the ASTs. He was planning on inspecting the facility on May 12, 1999.
The Fontana DEQ maintains -a data base of active underground storage tanks (USTs) and
leaking USTs (LUST) site which we reviewed to identify sites with the potential to impact the
subject site. The NUPAC facility is listed on the DEQ UST database as having 7 USTs. These
include one waste oil tank, one gasoline flank and five diesel tanks all of which were installed over
20 years ago (See Section 3.1 for sizes and locations of the USTs). There have been no reported
releases at the subject site. The USTs are presently empty and are scheduled to be removed in the
near future. There is only one other facility near the NUPAC site with active US`I s. There are two
listed active USTs at the Ole's Store adjacent to the northwest corner of the NUPAC site. There
have been no reported releases at this facility. Jack button was listed as formerly having two USTs
at the property southeast of the site. There are no listed release sites within a Yz mile search radius
around the subject site.
3.3.4 Interviews
We contacted the Flathead County Sanitarian's office about the site. They were not aware
of environmental problems in the vicinity of the site but we did locate information regarding the on-
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06/14/1999 14:32 4067568568 PAGE 05
a
site septic systems at the site. A permit on file at the Sanitarian's office indicated a system was
installed in 1972 and the document indicated this system was located on the west side of the office
I and shop (Figure 3). This system consisted of a 900 gallon bolding tank with two dry wells for
infiltration. A second document indicated another permit was filed in 1976 for two systems; a 900
gallon tank with two dry wells on the south side of the AC control tower and a 1000 gallon holding
tank on the west side of the control trailer on the north side of the PCC plant. We obtained water
' well logs from the Department of Natural Resources and Conservation (DNRC) for the two wells
at the site (Figures 2 and 3). The well closest to the offices was completed in 1972 is 176 feet deep
and cased with 7 inch pipe. This well had a static water level of 90 feet and produced 1200 gallons
per hour at the time of completion. The second well, which was completed in 1976, is 365 feet deep
with static water in the well at about 82 feet below the surface at the time of completion. This well
is cased with 12 inch pipe and ended in large gravels from 320 to 365 feet.
,.7 4.0 SUMMARY AND CONCLUSIONS
The findings of the Phase I ESA conducted at the NUPAC Gravel Pit Property located at
2355 USH 93N in Kalispell, Montana are summarized below. Conclusions based on the findings
of the ESA are also presented.
• Ilistorical review of the subject site indicates it had been largely undeveloped, other
than minor agricultural use, until the 1940's when the gravel pit operations were
started. The gravel operation began in to expand in the 1950's when Jack Hutton
owned the property and greatly expanded in the 1970's after is was purchased by Pack
and'Co. There has been storage of petroleum hydrocarbons and asphalt operations
at the site since at least the 1970's. There was a lack of significant development on
neighboring properties, other than the MDOT property, until relatively recently in the
photographs reviewed. The IMOT property built up gradually begituung in the
1940's. There was a grouping of what appeared to be farm related buildings located
southeast of the site since the 1930's. These buildings were owned by Jack Hutton,
who also once owned the subject site. The Ole's convenience store and nearby
housing appeared within the period between 1979 and 1990,
The site topography varies by over 50 feet between the high point on the site and the
elevation at the bottom of the gravel pit. Two water well logs from the facility
indicated a static groundwater level of about 80 to 90 feet below the surface at the
site. There were several septic disposal systems on the site including one located
west of the office/shop, one by the AC control tower and one near the FCC plant on
the southeast part of the site. The Stillwater River is located less than 1/4 mile east
of the site and is over 50 feet lower in elevation. Natural site drainage characteristics
are not known due to the extensive regrading which has occurred. It is likely that
some of the surface water drains into the gravel pit. However, the gravel soils which
cover most of the site would allow relatively rapid infiltration of moisture into the
subsurface.
The site reconnaissance detected the presence of numerous ASTs, USTs, barrels, and
buckets which are presently used or had formerly been used to store a variety of
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06/14/1999 14:32 4067568568 PAGE 06
petroleum products including gasoline, diesel fuel, heating oil, waste oil, tack oil
heating transfer oil, liquid asphalt, propane, calcium chloride, air entrainment liquid
and similar products. There was evidence of surface spillage and soil staining around
a number of these containers. The seven USTs at the site were all empty and
awaiting removal in accordance with State regulations regarding UST system
upgrades. The majority of the southwest portion of the site (Tract 3D), where most
of the afore mentioned petroleum storage is located, was reported to be paved with
asphalt concrete. In a number of places though, it was difficult to determine if
pavement was present due to accumulation of soil and other materials which may
hide the pavement from view. There was also extensive surface staining from oily
products which had leaked from equipment parked when not in use, primarily along
' the periphery of the southwest portion of the site. There was active dumping of soil,
PCC and AC into a portion of the gravel pit as part of pit reclamation. There was a
burn pile in the bottom of the pit, remains of which are to be take to the municipal
landfill for disposal.
> Review of regulatory environmental data identified the subject site as an active UST
j site with the seven USTs at the site. As discussed previously, the USTs on NUPAC's
site were closed and awaiting removal. Waste oil and solvents used at the site are
r presently being collected by Ozzie's for disposal. The adjacent NMOT site is a listed
! large quantity generator of hazardous materials, primarily due to the presence of lead
based paint in two ASTs at that site. There was a waste oil release at the MDOT site
} that required remediation. The site was cleaned up at the request of the DEQ and
l waste oil is no longer stored at that site. Another neighboring site has active USTs,
the Ole's convenience store, which has two USTs, located adjacent to the northwest
corner of the subject site. This site has not had reported releases. There are no leaking
UST sites within the prescribed search radius of the site. The site is presently zoned
for industrial use. The . county sanitarian's office did not have record of
environmental related releases or spillage which would have impacted the site.
Based on the items summarized above, the site has the potential to have been impacted by
contamination from petroleum products relating to past and/or present activities occurring on the
site. The majority of these potential impacts were noted on the southwest section of the site (Tract
3D). The presence of numerous surface spills and leaks from ASTs, barrels, buckets and leaking
equiprociat have likely caused near -surface contamination in a number of locations. The USTs at the
site are over 20 years old and the area around the dispensers has likely been impacted from spills and
overfills during the past when the tanks were filled by suppliers and when employees were placing
fuel in equipment. The use of dry wells for over 20 years of septic disposal for the shop floor drains
prior to their discontinued use may have introduced waste oil products or solvents to the subsurface
in the area of the dry wells. Whale groundwater is relatively deep at the site, the soil at the site is
predominantly gravel with a relatively rapid infiltration rate which has the potential to carry near
surface contamination down to the groundwater surface possibly creating groundwater impacts. A
Phase II Assessment would need to be conducted to fully characterize any soil or groundwater
impacts to the site by collecting soil samples and possible completing groundwater monitoring wells
to facilitate sampling groundwater. It could be determined if there were impacts related to the USTs
13
06f14/1999 14:32 4067568568 PAGE 07
when they are removed. Other potential contamination related to surface staining could be
investigated during source removal. The presence of pavement over much of the site would probably
have acted as a barrier to movement of surface oil leakage from infiltrating the subsurface.
5.0 RECOMMENDATIONS
Based on our findings and conclusions with regard to the Pease I ESA at the subject site
which are discussed above, we recommend that a Phase Ii Assessment be conducted at the site to
determine if there have been significant impacts to the site related to the spills or leaks of petroleum
{ hydrocarbon products or hazardous materials onto the surface or subsurface of the site.
{ 6.0 LIMITATIONS
This report has been prepared for and is intended for the exclusive use of the back and
Company and their designated representatives. The contents of this report should not be relied upon
by any other parry without express written consent of N7 L. The findings are relevant to the dates
of our site visits and should not be relied upon to represent conditions at later dates.
The scope executed for this project is not an audit for regulatory compliance or a detailed
conditions survey for the presence of asbestos, lead paint, PCBs, radon or other naturally occurring
materials,
Our conclusions regarding the site .and site conditions are based on observations of existing
,site conditions and our interpretation of available site history and site usage information attained
through NTL's research. Conclusions regarding the condition of the site will not represent a warranty
4 that all azeas within the site are of the same quality as may be inferred from observable site
conditions and readily available site history.
In performing this site assessment, NTL has strived to conform with generally accepted
practices of other consultants undertaking similar studies at the same time and in the same
geographical area. NIL has attempted to maintain a degree of care and skill generally exercised by
the technical community under similar circumstances and conditions. NTL's findings and
conclusions must be considered probabilities based on professional judgement concerning the
significance of the limited data to be gathered during the course of the site assessment.
PREPAREDREVIEWED BY: -
Kenncth D. lviunski, P.E. Robert A. Brown, P.E.
Senior Engineer Environmental Engineer
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4067568568
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7.0 REFERENCES
,Tim Lynch, Owner, Pack and Co. (NUPAC), Personal Communication.
Bob Rheinke, Montana DEQ, Hazardous Waste Division, Helena, Montana, Telephone
Communication.
Rick Thompson, Montana DEQ, Solid Waste Division, Helena, Montana, Telephone
Communication.
Montana DEQ, Helena, Montana - Data Base Review.
UST Program
RCRA Program
CECRA Program
Flathead County Sanitarian's Office, Septic System Information. Kalispell, Montana.
Flathead County Courthouse, Deed Records, Kalispell, Montana.
.Flathead County Sail Conservation Service, Aerial Photographs, Kalispell, Montana.
Flathead Regional Development Office, Zoning Information, Kalispell, Montana.
Department of Natural Resources and Conservation, Water well logs, Kalispell, Montana.
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