Lebanon Conservation League Purchase

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Questions

Listed next are some questions to help determine if the Conservation League property purchase would be Taxpayer Friendly. Lebanon Mayor Matt Gentry declined to respond to these questions.

QUESTION #1: When will the text be available for review of the Resolution that the Lebanon City Council will consider on May 23 regarding an interest in making a purchase of the Conservation League property?

QUESTION #2: When will the Additional Site Investigation report be available for review by concerned citizens? BACKGROUND: ATC Group Services LLC is scheduled to complete the Additional Site Investigation on May 18. This Additional Site Investigation will provide a better understanding of the amount of contaminated material that would require treatment - and result in a more accurate remediation cost estimate. An accurate remediation cost estimate is a vital consideration since the Conservation League property purchase price would be reduced by the amount the city must spend for remediation.

QUESTION #3: When will the city appoint a second appraiser to appraise the fair market value of the Conservation League property? BACKGROUND: One city-appointed appraiser has appraised the fair market value of the Conservation League property to be $420,000. According to Indiana Code Chapter 36-1-10.5, the city must appoint two appraisers to appraise the fair market value of the property – and the city may not purchase the property for a price greater than the average of the two appraisals.

QUESTION #4: How would the city pay for the Conservation League property purchase?

QUESTION #5: Could the city apply for a reclamation grant to help pay for the Conservation League property remediation?

QUESTION #6: What additional environmental testing would be required after the Conservation League property is remediated, and how would the city pay for this additional testing? BACKGROUND: A U.S. Environmental Protection Agency Hazardous Substance and Petroleum Grant is being used to pay for the Phase 1 Environmental Site Assessment, Phase 2 Limited Subsurface Investigation, and Additional Site Investigation. Could this EPA Grant be used for any additional post-remediation environmental testing, and is there enough remaining Grant funds to pay for the post-remediation environmental testing?

QUESTION #7: How much would the city’s Park & Recreation property tax rate have to increase to pay for making the Conservation League property a part of the adjacent Abney Longley Park? BACKGROUND: Probable park budget increases to make the Conservation League property a usable city park would likely include the following: (a) hiring an employee to be an on-site manager of the Conservation League property, (b) paying a consultant to prepare an action plan for possible recreational uses of the property, (c) adding a connection point to the Big 4 Trail, (d) purchasing paddleboats and canoes, (e) building decks for fishing, (f) constructing an outdoor pergola, (g) paying for grounds maintenance, (h) renovating the building’s bathroom and kitchen for public use, and (i) removing dead trees.

QUESTION #8: How much would the city’s liability insurance costs increase if the Conservation League property becomes a city park?

QUESTION #9: Would the remediation of the Conservation League property create any drainage problems? BACKGROUND: The city has selected a remediation option where the impacted areas would be excavated and the contaminated soil would be stabilized with an on-site treatment. "Essentially we would dig a large pit to accept the excavated material and stabilize it with a cement like material. This area could be capped and serve as the parking area we discussed.”

QUESTION #10: Would Lebanon Utilities have to pay the city for a 60-foot wide easement for a new 69 kV electric transmission line running northwest to southeast through the Conservation League property? BACKGROUND: It would be poor public policy to have Lebanon Utilities pay for property already owned by the city – doing so would make the next Lebanon Utilities electric rate increase sooner rather than later.

Overview

On May 23, 2016, the Lebanon City Council will conduct a public hearing for an as yet unpublished Resolution to purchase the Boone County Conservation League property for $420,000.

If purchased, the Conservation League property would become part of the adjacent Abner Longley Park. Possible Park uses for the property include adding a connection point to the Big 4 Trail, paddleboats, canoes, decks for fishing, and an outdoor pergola. Lebanon Utilities could have a 60-foot wide easement for a new 69 kV electric transmission line running northwest to southeast through the property.

The $420,000 purchase price would be reduced by the amount the city must spend for remediation of the property's shooting range area and the wooded areas east and south of the shooting range where soil contamination concentrations exceed the Indiana Department of Environmental Management Remediation Closure Guide commercial/industrial and/or excavation worker direct contact screening levels. An undocumented remediation cost estimate of between $200,000 and $250,000 was provided by Lebanon Mayor Matt Gentry at a May 9, 2016, Lebanon City Council meeting. The sale would not be final until the soil remediation is completed.

Property Description

The Boone County Conservation League property is located at 701 East Noble Street in Lebanon. The entire property covers 22.42 acres. The property has been owned by the Boone County Conservation League since December 1948.

There is a 2,876 square foot single-story building that was constructed in the mid-1930's and remodeled in 1953. The wood frame on concrete blocks building is now mostly used for storage. Lebanon Utilities provides water and sanitary sewer service. However, the restrooms are no longer in use and the building toilets and sinks are not connected to the sanitary sewer system. The kitchen is not in use. Gas service is available through Vectren, but the two gas furnaces are non-operating. Building heat is provided by a large wood fireplace. There is no septic system and no wells on the property. There is a gravel parking area on the west side of the property. There are also two concrete pads northwest of the building.

Storm water service is provided to the property by the city, and the "on-site pond drains the study area." It is inferred that the regional groundwater flow is to the northwest towards Prairie Creek. The property is outside the 0.2 percent annual flood chance. The topography is generally flat with soils that have "a moderately high to high permeability." Groundwater depths on the property range from less than one foot (in the wooded area east of the shooting range) to 13.63 feet below the ground surface.

There is a "large pond" (about 4.5 acres in size) on the western-southwestern portion of the property that is stocked for fishing and used for other recreation purposes. It costs about $1,000 to stock the pond for fishing. The pond is fed by an underground stream and does not drain to another body of water. The pond was formerly a gravel pit, and is 35 feet deep at its deepest point. There is very little reed growth. There are two outhouses and five light poles placed around the pond.

There is a shooting range on the eastern portion of the property. A shed is located near the entrance to the shooting range. There are three shooting range berms that face south and an archery berm that faces east.

There are trees on the north, south, and western portions of the property.

Abner Longley Park is south and west of the property. Residences are north and east of the property.

Lebanon Mayor Matt Gentry stated during a May 9, 2016, Lebanon City Council meeting that an appraisal obtained by the city shows the property to be valued at $420,000. Boone County Conservation League Vice President Bill Stoner revealed that the League paid $3,500 for its own assessment that came in at $395,000.

Phase 1 Environmental Site Assessment

A February 15, 2016, "Phase 1 Environmental Site Assessment" report has been prepared by ATC Group Services LLC, 7988 Centerpoint Dive, Suite 100, Indianapolis, IN 46256. ATC describes itself as meeting "the definition of Environmental Professional as defined in 312.10 Part of 40 CFR 312."

The purpose of the Phase 1 Environmental Site Assessment was "to identify recognized environmental conditions in connection with the property at the time of the site reconnaissance." The stated scope of the Assessment was to evaluate the following:
- physical setting characteristics
- usage of the property
- "use, treatment, storage, disposal or generation of hazardous substances, petroleum products, hazardous wastes, nonhazardous solid wastes and wastewater"
- "likely impact of known or suspected releases of hazardous substances or petroleum products" from adjoining and surrounding area properties
- "information in referenced environmental agency databases and local environmental records"
- "potential for subsurface vapor migration"
- limited mold screening in the building
- "visual observation of suspect asbestos-containing materials"

There are no stormwater drainage concerns.

There is "no evidence of former fuel oil storage" and ATC "did not observe evidence of underground storage tanks on the property."

There is no evidence of waste pits, waste ponds, or waste lagoons on the property.

There are no signs of a PCB exposure from leakage of the one pole-mounted Duke Electric transformer on the property.

Asbestos-containing materials are likely in the building, and comprehensive asbestos containment might be necessary if the building is demolished or renovated.

No environmental liens have been identified.

There are no subsurface vapor migration concerns.

There is "no evidence indicating potential mold impact at the property."

"Consideration of lead-based paint on painted surfaces was not included in the scope of the work." Also, lead in the drinking water was not included in the scope of work.

Two "recognized environmental conditions" were identified.

(1) "The past and present use of the property as a shooting range for the Boone County Conservation League represents a recognized environmental condition."

(2) Maintenance trailers were formerly located on two concrete pads northwest of the building. "Based on the potential for petroleum or hazardous materials to have been stored in the trailers, the presence of the concrete pads represents a recognized environmental condition."

Phase 2 Limited Subsurface Investigation

An April 20, 2016, "Phase 2 Limited Subsurface Investigation" report has been prepared by ATC Group Services LLC. This investigation and report were "funded through the City of Lebanon, which received a U.S. Environmental Protection Agency Hazardous Substance and Petroleum Grant (US EPA Grant No. BF-00E01379-0)." The Phase 2 Limited Subsurface Investigation was "completed in accordance with the February 19, 2016, Sampling and Analysis Plan, Revision 0, which was approved on February 25, 2016, by the United States Environmental Protection Agency."

The two "recognized environmental conditions" listed next (from the Phase 1 Environmental Site Assessment) were investigated.

(1) "The past and present use of the property as a shooting range for the Boone County Conservation League represents a recognized environmental condition."

NOTE: ATC also completed an asbestos survey of the building on March 1, 2016. The HVAC white tape was the only building material that tested positive for asbestos. However, it was noted that additional asbestos might be in inaccessible or concealed spaces.

Seventeen soil boring samples were taken on February 29 and March 1, 2016, from the following locations: 1 at the southern portion of the shooting range, 2 at the eastern portion of the shooting range, 4 at the building and concrete pads, 4 at the northern portion of the property, 7 around the pond. The soil borings were three feet below the groundwater table. The samples were analyzed for metals (antimony, arsenic, copper, lead, zinc), polynuclear aromatic hydrocarbons, and volatile organic compounds. None of the soil boring samples detected absorbed lead, antimony, or arsenic at concentrations above their respective Indiana Department of Environmental Management Remediation Closure Guide Regional Screening Levels (IDEM RCG RSLs).

Three sediment samples were taken on February 29, 2016, from the northwest, south, and east sides of the pond. These samples were analyzed for metals (antimony, arsenic, copper, lead, zinc) and polynuclear aromatic hydrocarbons. One pond sediment sample detected "arsenic concentrations above the migration to groundwater screening level but below the direct contact Regional Screening Level."

Nine discrete groundwater samples were obtained on March 8 and 9, 2016. These samples were analyzed for metals (antimony, arsenic, copper, lead, zinc), polynuclear aromatic hydrocarbons, and volatile organic compounds. None of the samples detected polynuclear aromatic hydrocarbons or volatile organic compounds at concentrations above their respective IDEM RCG RSLs. Two samples detected lead and arsenic at concentrations above their respective IDEM RCG RSLs.

On February 29, 2016, 31 surface soil samples were collected from the shooting range floor, 46 soil samples were collected from the four shooting range berms, and 8 soil samples were collected near the building and concrete pads. These soil samples were analyzed for metals (antimony, arsenic, copper, lead, zinc), polynuclear aromatic hydrocarbons, and volatile organic compounds. None of the samples detected "the presence of volatile organic compounds at concentrations above their respective IDEM RCG RSLs." However, a significant number of samples detected absorbed lead, antimony, and arsenic at concentrations above their respective IDEM RCG RSLs (lead concentrations ranged between zero and 6,882 parts per million). Also, some samples detected the following polycarbonate aromatic hydrocarbons at concentrations above their respective IDEM RCG RSLs: benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, naphthalene.

THE REPORT FINDINGS WERE SUMMARIZED AS FOLLOWS: "The results of the Phase 2 LSI indicate that soil samples collected from the shooting range area and the wooded areas east and south of the shooting range contained COC concentrations that exceeded the IDEM RCG commercial/industrial and/or excavation worker direct contact screening levels."

Remediation Options

An April 4, 2016, E-mail from Julie Crewe (ATC Group Services LLC Project Geologist) to Lebanon Mayor Matt Gentry lists three remediation strategy options for the shooting range area and the wooded areas east and south of the shooting range where soil contamination concentrations exceed the IDEM RCG commercial/industrial and/or excavation worker direct contact screening levels.

OPTION ONE: Assuming the soil is classified as non-hazardous, the contaminated soil would be excavated, transported, and disposed of off-site. The cost is estimated at $55 pet ton, but this "cost does not include backfill and excavation (the wooded area would be more expensive)."

OPTION TWO: The impacted areas would be excavated and the contaminated soil would be stabilized with an on-site treatment. "Essentially we would dig a large pit to accept the excavated material and stabilize it with a cement like material. This area could be capped and serve as the parking area we discussed. The cost would be about $40 per ton. Again, the wooded area would be more expensive."

OPTION THREE: "The third option would involve a hybrid approach to include lead reclamation (sieving) to remove the lead shot and stabilization of the remaining soil, as necessary to be protective of human health and the environment. The cost for this option would be about $90 per ton."

"A 'worst case scenario' was calculated to be the treatment of approximately 10,000 tons of material. The additional investigation proposed for the site will provide us with a better understanding of the treatment area and thus the amount of material that would require treatment. Once this additional investigation is completed, we should be able to provide you with a more accurate cost."

"It is possible that, with further investigation of the soils at the site, these estimated costs may be reduced substantially. Also, a conversation with the state regulatory agency, Indiana Brownfields Program, may also give rise to additional methods."

Lebanon Mayor Matt Gentry stated during a May 9, 2016, Lebanon City Council meeting that remediation Option Two has been selected for implementation.

Additional Site Investigation

ATC Group Services LLC has prepared a May 2, 2016, document titled "Sampling and Analysis Plan - Further Site Investigation, Revision 0." This additional site investigation will provide a better understanding of the amount of contaminated material that would require treatment - and result in a more accurate remediation cost estimate. "The objective of the scope of work described in this SAP is to further evaluate the soil and groundwater quality at the site. Once the site has been adequately characterized and the environmental issues resolved, the site is scheduled to be repurposed for recreational use (i.e. incorporation into Abner Longley Park)."

There will be a subsurface investigation to evaluate the soil quality. Twenty-five soil samples will be will be collected and analyzed. Sixteen hand augers, which will be advanced to a maximum depth of 6 feet below the ground surface, will be used to collect the soil samples. Also, one groundwater sample will be collected near the wooded southeast portion of the shooting range area.

Twenty-one of the soil samples, and the one groundwater sample, will be analyzed for metals (antimony, arsenic, copper, lead, zinc) and polynuclear aromatic hydrocarbons. The four remaining soil samples at the north and west boundaries of the property will be analyzed for arsenic contamination.

ATC intends to conduct the Additional Site Investigation on May 18, 2016, and the investigation report will likely not be received by the city until a week later.

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This page was last updated on 06/02/16.