Alpena council approves restrictive covenant to finalize closure of Marina leaking underground storage tank site

The Alpena City Council approved a declaration of restrictive covenant for the Alpena Marina leaking underground storage tank (LUST) site to satisfy state closure requirements and finalize the remediation project.

Kevin Fisher presented the environmental background to council, describing historic remediation work, a 2017 state-funded expanded triage and monitoring work in 2024–25 showing a small area of remaining contamination. He said the 2025 restrictive covenant is similar to an earlier draft and differs mainly in form. The declaration, as recommended, limits present and future uses of the affected area and prescribes protocols for any future excavation or development.

When asked whether remaining fuel could be removed, Fisher said that is not practicable without removing "everything that's on top of it, which would mean sod, sidewalk, asphalt, 6 inch of the cement, and all of the utilities that are still in that area, so water and electrical. And then we actually it would we'd have to go down to groundwater level, which is about 4 and a half to 6 feet below surface." He told council ongoing monitoring would likely occur every two to three years.

Councilmember Collins moved to approve the declaration of restrictive covenant for a restricted residential corrective action as presented and to authorize City Manager Rachel Smolinski to sign the document and related paperwork; Councilman Mitchell seconded. The motion carried on recorded votes.

Council and staff said the covenant allows the project to be administratively closed while preserving controls and monitoring to prevent off-site migration; any future disturbance of the site would require additional excavation and remediation protocols and likely disruption of utilities and surface infrastructure.