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Commission approves Terracon access agreement for Phase I review at Dutch John site
Summary
Board approved an access agreement allowing Terracon to perform a Phase I environmental assessment on a parcel tied to a proposed Dutch John public works yard; Alan said the federal brownfields grant will cover the initial cost and help cap county liability if proper inquiries are completed.
Alan, introduced to the commission to walk through the request, explained the Terracon access agreement and why the federal brownfields program is appropriate for the parcel proposed for a Dutch John public works yard. "Brownfield is just simply a a piece of land that's been used in the past for something and has at least some possibility of having some kind of contaminant identified by the federal government on it," Alan said. He said the Phase I assessment is likely low risk for the parcel in question and that the federal grant administrator has approved the small initial expense (about $5,000) for a Phase I.
Alan described how conducting "all appropriate inquiries" as defined in federal guidance can cap a prospective owner's liability and may identify the federal government as the responsible party if the federal government owned the site at the time contaminants were introduced. Commissioners asked a few clarifying questions about who signs the access letter; Alan said Terracon wants a signed form to allow staff to safely go on the property and suggested clerical line edits or initials to correct the identified legal owner. The board moved, seconded and voted to approve the access agreement for a portion of parcel 020017-0103; the chair said the corrected, signed copy will be filed with the clerk and a digital copy delivered to Terracon.
What happens next: staff will finalize ministerial corrections to the access document (owner identification), file the executed copy with the clerk's office, and provide a digital copy to Terracon so the Phase I assessment can proceed.
