Loading...
Ord 74-2020 MSD Amendment for 2005 Burk 12/1/2020Ordinance No. 74-2020 An Ordinance of the City Council of the City of Wichita Falls, Texas, Amending Chapter 106, Article XI, Ordinance 37-2019 of the Code of Ordinances and pertaining to the Municipal Setting Designation property located at 2400 Burkburnett Road and 2024 Old Burk Highway, City of Wichita Falls, Texas. Concerning the authorizing for the acceptance of deed restrictions prohibiting the use of designated groundwater from beneath the property located at 2005 Old Burk Highway, Wichita Falls, Texas, 76306 to facilitate certification of a Municipal Setting Designation (MSD) of said property by the Texas Commission on Environmental Quality (TCEQ) pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date of this Ordinance WHEREAS, Chapter 361, Subchapter W of the Texas Solid Waste Disposal Act (the "MSD legislation") authorizes the TCEQ to certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application to TCEQ; and WHEREAS, the Texas legislature, in enacting the MSD legislation, found that an action by a municipality to restrict access to or the use of groundwater in support of or to facilitate a Municipal Setting Designation advances a substantial and legitimate state interest; and WHEREAS, as a part of the application process for a Municipal Setting Designation, the applicant is required to provide documentation that the property for which designation is sought is subject to an ordinance that prohibits the use of designated groundwater from beneath the property as potable water and that appropriately restricts other uses of and contact with that groundwater; and WHEREAS, Wichita Falls Chamber of Commerce & Industry (hereinafter, "applicant") has submitted an application certification to amend Municipal Setting Designation Ordinance 37-2019 to include an additional 9.14 acres located at 2005 Old Burk Highway to the existing Ordinance 37-2019 which included 32.12 acres located at 2400 Burkburnett Rd. and 2024 Old Burk Highway Wichita Falls, Texas 76306, the legal description of which is set forth in Exhibit "A" attached hereto and made a part hereof (the "MSD property"), said property being located within the city limits of the City of Wichita Falls; and WHEREAS, applicant has certified to the City of Wichita Falls that: (1) The purpose of such application is to assist applicant in obtaining from TCEQ documents demonstrating TCEQ's determination, after completion of any remedial requirements and appropriate review by TCEQ, that no further environmental cleanup or restoration is required by TCEQ with respect to the MSD property ("TCEQ closure documentation"); (2) As a part of such application, applicant has submitted a statement regarding the type of known contamination in the groundwater beneath the MSD property and has identified that shallow groundwater (less than 50 feet below ground surface) ("designated groundwater") contains chemicals of concern above Tier 1 groundwater ingestion protective concentration levels as stated in 30 Texas Administrative Code Chapter 350 ("Texas Risk Reduction Program" or "TRRP"); (3) The designated property has six (6) chemicals of concern in the groundwater above the TCEQ and Environmental Protection Agency regulatory limits that include Trichloroethene (TCE) and Cis- 1,2-dichloroethene (cis-1,2-DCE), Vinyl chloride, N- nitrosodimethylamine, Barium, and Cadmium. (4) Notice of the application for this ordinance was published in a newspaper of general circulation in the community, as set forth in and as evidenced by Exhibit B, attached hereto and made a part hereof; and (5) A public meeting was held at 6.00 p.m. on Thursday, October 29, 2020 at the City Council Chamber Conference Room, 1300 71" Street, Wichita Falls, Texas 76301, wherein interested parties were afforded the opportunity to ask questions and to voice issues or concerns to the applicant; and WHEREAS, the executive director of TCEQ has determined, pursuant to Section 361.807(c) of the MSD Legislation, that the applicant has submitted a complete application, excepting only the ordinance being herein considered, and has issued a letter to the applicant stating that a Municipal Setting Designation will be certified for the MSD property on submission of a copy of this ordinance after approval by the City Council; and WHEREAS, applicant has continuing obligations to satisfy Section 361.808 of the MSD legislation and applicable TCEQ regulations concerning groundwater contamination investigation and response actions; and WHEREAS, all information requested by representatives of the City of Wichita Falls has been furnished to such representatives by applicant, and the City representatives have reviewed such information and applicant has satisfied all requirements imposed upon applicant by the City of Wichita Falls; and WHEREAS, applicant strongly desires to secure a Municipal Setting Designation for the MSD property, as well as TCEQ closure documentation, and has requested the City of Wichita Falls to facilitate said objectives through passage of this ordinance pertaining to deed restrictions prohibiting the use of designated groundwater from beneath the MSD property; and WHEREAS, the City Council of the City of Wichita Falls is of the opinion that it is in the best interest of the public and the City to facilitate applicant's efforts to secure a Municipal Setting Designation and TCEQ closure documentation from the TCEQ by passage of the ordinance set forth hereinafter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS: SECTION 1. That all of the declarations and findings contained in the preambles of this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 2. That the City Council finds that it is in the best interest and welfare of the public to facilitate TCEQ's certification of the amended Municipal Setting Designation Ordinance 37-2019 for the addition of 9.14 acres located at 2005 Old Burk Highway to the existing Ordinance 37-2019 which included 32.12 acres located at 2400 Burkburnett Rd. and 2024 Old Burk Highway, Wichita Falls, Texas 76306, the legal description of which is set forth in Exhibit "A" attached hereto and made a part hereof (the "MSD property"), as well as TCEQ closure documentation. SECTION 3. That to facilitate TCEQ's certification of a Municipal Setting Designation for the MSD property and the issuance of closure documentation by TCEQ, applicant shall execute, deliver and file, no later than 10 days from the effective date hereof, in the official real property records of Wichita County, Texas, a deed restriction approved as to form by the City Attorney prohibiting the drilling of wells and the use of designated groundwater for any purpose, including but not limited to any potable purpose, and excepting only: (i) wells used as monitoring wells for the collection of groundwater samples for chemical or biological laboratory analysis; and (ii) wells used for the purpose of remediation of soil or groundwater contamination. The deed restriction shall also include that all underground construction material shall meet design requirements for the level and type of contamination in the soil and groundwater and material and construction method shall be approved by a licensed professional engineer in the State of Texas; and all contaminated soil or groundwater removed from the designated site shall be disposed of properly. SECTION 4. That a file -stamped copy of said deed restriction shall be delivered to the City Attorney within three business days after the date of filing. The deed restriction shall run with the land and be binding on and enforceable as to any and all subsequent owners of the MSD property. The deed restriction shall be enforceable by the City of Wichita Falls and may be amended or terminated only with the prior written consent of the City of Wichita Falls after at least 30 days prior written notice to TCEQ of any pending amendment or termination. SECTION 5. That failure to execute, record and deliver the deed restriction in accordance with this ordinance within the time limits set forth in Sections 3 and 4 hereof shall render this ordinance null and void, and of no further force or effect. SECTION 6. That the applicant shall submit, upon receipt of the Municipal Setting Designation certificate from TCEQ respecting the MSD property, a true and correct copy of same to the Director of Public Works. The applicant shall also submit, upon receipt of TCEQ closure documentation from TCEQ respecting the MSD property, a true and correct copy of such documentation to the Director of Public Works. SECTION 7. That failure of the applicant to diligently pursue and obtain from TCEQ, within 90 days from the effective date of this ordinance: (1) a Municipal Setting Designation certificate for the MSD property; and (2) TCEQ closure documentation for the MSD property, shall render this ordinance voidable by the City Council following 30 days advance written notice to TCEQ and the applicant. SECTION 8. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Wichita Falls, and it is accordingly so ordained. PASSED AND APPROVED this, the 1st day of December, 2020 ATTEST: City Clerk o n ai Ro>vD upNETT BueKo 1 L�y15 i' r fig I I l lea , Y rJ° i b[ fia. r pg I�j I I z Eoo r i yf� allrk`r! 'r6 g®d r3�3igg 3¢3 yye9y4��X1��4$P 4. e gl I jc/l i �� ` sIa rTlypld' i 1b � I I 11 { J =•� fig, $ SSk Air�Y 9 I 77 �7 � � I I Ski I "� x �" • Y NOR"p BARK HIGH), ppdq _mlF�r fFe I � 3.3 Y r��r A$4t�a.Yr�sii��$�T X S 7F-XO A LAND SURVEYING 870 South Boll foal low d Park, Texas 7-5357 i9407 691-9/11 DeGernber 30 2005) FIELD NOTE FIEi-❑ MOTES OF 31.01 ACRES BEING ALL i`1F BLOCK 4 AND BLOCK 5, LlNIT TWO, ARROWHEAD IN DUSTRIAL DISTRI C 1, AND KNOWN A 240-1 BUI�KbUkNETT ROAD. VVICHl'TA FAI..I. S. W]CHITA COUNTY TEXAS AND !DESCRIBED AS FC)LLWS- BEGINMING at a 3?8 in-.h iron rim to and at t"re Nofthwesl corner of Block 4. Unit Two. Armwherad Industrial Oistri :t. as Shown on the plat of record in'Vctunie 21, pages 21-22, Wichita County plat Her,,o ds, a fire hydrant on the East tine of the 010 6r1F k Road bears cn foot West f m tl-es iror} rod THENCE N 72- P1' E 299.55 feet to a two inch pipe for a corrar, a three inch pipe renou corner dears north nine tenths of a foot ailu East three tenths of a foot; THENCE N " 7° � J-" VV 2t 1.42 feel to a threc; inc�i pipe feiiuu ��omer past for e rnCr TI ICNC;E N 71" 5- E 326.76 fact (824.07 feet record) to a 318 inch rron red found on t`re West Jsne of Burkbr mOr RC�ad (,State Hghway 240), a three itiCl' pipe fence Gamer post bears Shutt, sGven:y one cleg"ees fifty one minutes l est; e,everi kpnths of �j foot; TfIENCE 6 23' 30' 24' E 1 9 i4. G4 feet along the Wev iine of the Burkburnetl Read to ar; kron rod l at the beginnir -g of a curve to the hght. a power pate witty an aluminum tag marked 7950 bears South thin degrees Last igh.een po-nt four feel; THENCE in a Southeesteay direction with the curve to the right having an Arc Length cf 290 $.6 feet a Radius ct 2666.71 feet. a Central Angle eF 6" 14' 42"_ the Chord bears S 2C° 28' E 2ri0.52 feet to a irroh iro.-i rod set far tha Soulbeast eernar of Block 5, Unil Two, Arrowhe-ad Industrial Dlstriict, 8s shaurn on the Plat of rerord it Volume 27. Pages 326-3 7, WrClhita County Plat Records; THENCE N 69' 46' W 1310.20 feet (I317.98 {eat r rd) along the Srjuth IM-9 0 Block 5 to a �z MJn iton rod (o jnc on the East iirre of the Old Burn Road #or the Southwest U :rrrer of Phis fracl, 7I-IENCE N 18` 25' W along [ho East Iwne of the Old Bark Road at 254.1 feet pass a three ;nch pipe `-once corner post, in all a total distance of 785,36 feet to the Pi are of Begirrring aid nontaining :31 01 Acres of land. Thy besr ng:Q in these Fie=d Notes ere NAD 83 0dd from Sir 0bser vatronS. FILLD NOTES OF 1 11 ACRES OUT OF THE M. GARBAJAL SURVEY, ABSTRABT44, WIC HITA C0UNTY, TEXAS AND DESCRIBED AS FOLLOWS, DIG!NNING at a %Inch iron rod found on the West fine of the 'd Rdr-k Rosd, sa;d iron rod tears S ' 8" 05' F 1 9 49 fppt to the intersection of the No'th line at Pleasant Verw Read and the West lire of 4he UId Burk Road, al o a 3(8 inch iron rod at the Northwest comer of Block 4, UrO Two. Amy haad Industdal Distf-ct Feats N 18' 05' W 3 38.6 7 feet and N71'55'Er0.0f .. THENCE S 18' C5 E 2711.1) feet allong the West fine of the road to a Y2 :n-ch iron Fad found far thtie So�,.hwest comer of this tract, a M inch iron root found on the Nerth Side of a gravel driveway bears South 19.3 feet and East 2.1 `eet, THE-NGE with a mnve to the right in a Ncxrttnvm1IeHy diirectton having arx Arc Length of 421.42 feet, a radius of 790.31 feet, a Central Angle of 30' 33' 09". th-9 Chard beers N 52' 9' 42" VV 416,45 feti to a Bridge Spike found on the East lino of the W1chita. Tilkman and Jackson Rail Road, THENC;E N 16' 26' tiN '.26.58 et along the East line of the Raft Road to a'/z inch iron rod set for the Northwest corn e r of th i s t Fact THENCE w0 a curse to the left Fri a So-utneastwy di;ection Having an Ax Length of 313, 98 feet, a Radius of 405.66 feet, a Central An We of 44' 20' 51 ", the C lived nears '5 6 t ' 16' !)4" E J 05.20 feet to the Place of Begmning e I Ld 0011 WIT10 G 1.11 .acres of I and . The boarin-gs rr7 these Field Notes are NAD 83 U n0 beafin s from Sala 0 bs-eruatlon- See Attached Pl.et. RURKRE)@L ��. 011t a * 4 8 Its 8 ITO ST idpd } 1{ a. :•�,�'�`""°�,�"`�`�� taper � � w;.' I � 'h. J�rr Ynlrl l4drr,p CD A� i b. L of _ F r r-..� �rnsuryi e r� E`er" YY , f � r fere H+aa`c x _ Block 5 3,.4, *� Block 4 Unit Two f a. 1 Arrowhead Industrial District./.`, Wichita Falls, Texas } to s , 4 I heneWy �..'altrfY nw na Pal IfgYYaKft] a-e r SOA d ar mi d* }na d �-ary tr tide Ilr:a rrV drwticn er,a suan.vraor+c+lxe f�'41r,caVas.t7 melt: �MQ H[ri+wl MI. ww 11u JSee ae UWFBL Tom. ir.9Y.xhlw CwE+r'"tea. I.Ntl Two °lock 4 PN I&�5 ar47 1 11 Atlas rhA W Ifs. M. {:ZH M0 $Ur T 61IPJk2 #a :9wa asn9C'IH7 FkHI hfllaL 17r o, OR'Im14W I, 9a BtltldOa to Iha UCr of 'hk#yla Fa65. 5'ds7Y,e CM rly. rfr'm!. qof al Iewrd n y4tj 62. ' L3jT a -ad Vo .ec Z 11� •',%"I [•.aknry Pled R®cafm alr>c bDrf, 710 5arrra kff' : 00wrC L:li -Ywbmu 1.. �,per = Wj;IK" 0 °ray '115r�a1 �Glc R�an�s I n al Irw 04ywec 'a, Lag and locabo of 1v tr-dOOTP a* .'K�l x as ff e r+a r Afo .xrrrar". co -I' im cr pr7t�Aw" O.X*pi e{ rd"rr+ri AN mm�r mi ac xfrosn. 35 __I, ca `Pay 7.1 17 2JM —cxuMa �tnp ,`iURv= Y1,4{i � � Y��}�fe. ' d f9a0J es1 4R- fw Im 4a� 19 • Fwr_ iLri IIW ��r} F� ivv wvn vt L V ti16:[7YITH'i F7H rtl rr-n �I L� Uxi+an' L-�..r�r, w verve a iru .lYrfl �bmG pgrs-w ALES i. M`ri Ilw arr rr� rlLrd m-. m irrralrrrm ar �uv OoLrd•n .� f pvfxtr� N aj G91 Li SNaev Fi>f5. YiaHiLwvy'. Tenn I+�{i µyrrrr �wr�- x prp.vrrrt y rlo�ry.ra a,.e.r I.lrr.•rFnrsi Low. tRX rnr_ru .aM i�xryry Exhibit A Page 1 of 3 TEXOMA LAND SURVEYING 870 South Bell Road Iowa Park, Texas 76367 (940) 691-9711 December 30, 2005 FIELD NOTES FIELD NOTES OF 31.01 ACRES BEING ALL OF BLOCK 4 AND BLOCK 5, UNIT TWO, ARROWHEAD INDUSTRIAL DISTRICT, AND KNOWN AS 2400 BURKBURNETT ROAD, WICHITA FALLS, WICHITA COUNTY, TEXAS AND DESCRIBED AS FOLLWS: BEGINNING at a 3/8 inch iron rod found at the Northwest corner of Block 4, Unit Two, Arrowhead Industrial District, as shown on the plat of record in Volume 21, Pages 21-22, Wichita County Plat Records, a fire hydrant on the East line of the Old Burk Road bears on foot West from this iron rod; THENCE N 72' 01' E 299.55 feet to a two inch pipe for a corner, a three inch pipe fence corner bears North nine tenths of a foot and East three tenths of a foot; THENCE N 17° 57' W 201.42 feet to a three inch pipe fence corner post for a corner; THENCE N 71° 51' E 826.76 feet (824.07 feet record) to a 3/8 inch iron rod found on the West line of Burkburnett Road (State Highway 240), a three inch pipe fence corner post bears South seventy one degrees fifty one minutes West seven tenths of a foot; THENCE S 23° 30' 24" E 1114.04 feet along the West line of the Burkburnett Road to an iron rod set at the beginning of a curve to the right, a power pole with an aluminum tag marked 7980 bears South thirty degrees East eighteen point four feet; THENCE in a Southeasterly direction with the curve to the right having an Arc Length of 290.66 feet, a Radius of 2666.71 feet, a Central Angle of 6` 14' 42", the Chord bears S 20° 23' E 290.52 feet to a A inch iron rod set for the Southeast corner of Block 5, Unit Two, Arrowhead Industrial District, as shown on the Plat of record in Volume 27, Pages 326-327, Wichita County Plat Records; THENCE N 89° 45' W 1310.20 feet (1317.98 feet record) along the South line of Block 5 to a 1/2 inch iron rod found on the East line of the Old Burk Road for the Southwest corner of this tract; THENCE N 18° 05' W along the East line of the Old Burk Road at 264.1 feet pass a three inch pipe fence corner post, in all a total distance of 785.36 feet to the Place of Beginning and containing 31.01 Acres of land. The bearings in these Field Notes are NAD 83 Grid from Solar Observations. Exhibit A Page 2 of 3 FIELD NOTES OF 1.11 ACRES OUT OF THE M. CARBAJAL SURVEY, ABSTRACT 44, WICHITA COUNTY, TEXAS AND DESCRIBED AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found on the West line of the Old Burk Road, said iron rod bears S 18° 05' E 915.49 feet to the intersection of the North line of Pleasant Veiw Road and the West line of the Old Burk Road, also a 3/8 inch iron rod at the Northwest corner of Block 4, Unit Two, Arrowhead Industrial District bears N 18° 05' W 338.67 feet and N 71° 55' E 70.0 feet; THENCE S 18° 05' E 270.0 feet along the West line of the road to a Y2 inch iron rod found for the Southwest corner of this tract, a 3/8 inch iron rod found on the North side of a gravel driveway bears South 19.3 feet and East 2.1 feet; THENCE with a curve to the right in a Northwesterly direction having an Arc Length of 421.42 feet, a Radius of 790.31 feet, a Central Angle of 30° 33' 09", the Chord bears N 52° 29' 42" W 416.45 feet to a Bridge Spike found on the East line of the Wichita, Tillman and Jackson Rail Road; THENCE N 16° 28' W 126.58 feet along the East line of the Rail Road to a 1/2 inch iron rod set for the Northwest corner of this tract; THENCE with a curve to the left in a Southeasterly direction having an Arc Length of 313.98 feet, a Radius of 405.66 feet, a Central Angle of 44° 20' 51", the Chord bears S 67° 16' 54" E 306.20 feet to the Place of Beginning and containing 1.11 Acres of land. The bearings in these Field Notes are NAD 83 Grid bearings from Solar Observations. See Attached Plat. BURKRD©L EXHIBIT B Text of Ad: 1 MUM NOTICE OF PUBLIC HEARING REQUEST FOR APPROVAL OF MUNICIPAL SETTING DESIGNATION AMeNDMtENT TOORDINANCE 37.2019 TO ADD 2003 OLD BURK HIGHWAY WICHITA FALLS, TEXAS Wichita Falls Charrlber of CDrnmerce & ndust" inttn—As to submit an application to the Texas Commission gn envirow mental Qupfity MEW. Pursuant to Texas H#Wth and Safety Code, Chapter 361, Subcheta tsr W, for a !.t uqi c i pol Setting Des 10"lifl" iMSD) to omeetded the Municioai Setting Dc,*ignotion (MSD) Ordinoncc 37-2019 to Include fne Proacrty Gccuted at 20CS 01d Burk Highway f9.14 acreii, wk hitu rail!, Texas ( Designated Peoraerty 1. Th." purpose of the IrsC7 Is to Impose a City Ordinance alai wilt prevent the Patalale use of ground water beneath the prop. crtrr, A Pr+oaer'ty i> e6gible for an !NASD if: 0 It i- rh r ^f. i.clrPw ale iirnits or extraterritorial iurls- alCtaon at tv authorized be sletuto: and (2) AI -q water supply %"tpm p5rrgty, that Solis- f4s the rL:; ,;: -iv; t :l TerKOS Health and S�afety COO@ Chap- ler 341 and that "--. i ,s or is c®Poula of supplying drinking water to lhre Iiruperfy for which the MSD is &,ought and prmw- ty within exie-half male of the pro;x.,ety for which the MSCI is saughl. The aropertY meets the" crltvrto as it is wlthln it* City litnirs of the City of ''Wichita Fat is and is suppi*d water by the CITY, The constituents identified In the Designated Property's groundwater at corcentratzns greater then TCEQ $tender& consist of Trichiornatnano, Cis-1,2-dichiaroelhone, Vinyl chlor- ides, N•nitrvsaeltrnthylramine>, Barium, and Cordmium, The presence of Me constituents is a result of Pcrsf ooe!rations at "W property. The City o,iil Iv, rs o Pufafie Hearing on Tuasdar. December t. 2fi?I} at Itr7a AM. The mccEnru ruiar Is9 14carrta in the City Council Chambers, 1300 7th Street, Wichita Fails, Texas i4xi during a regularly scheduled 'City Council r eeung- The pur- aase of the public meeting is tar the ADollcant to provide intor- motion to that community about MSD and tiro Site, and to ob- tain rommunity input on the applicotlon aYrlar to a public hear- ing at City Council. Additional representative-, the City of Wkhilo Foils evil, be availoblr, of the rneet;nu °,r questions. The CNY all Wichita Falls may provider a orn-ents on any Information relevant to ftte TCEO's 4 of the MSD. The Executive Director of the -CL .. t or dIF ny the a iCre7"M or request add i t i � r, om thin Applicant no IOW than 40 Bays after rviceivira otian. It You wish, y+au may file Camrnents on the ape, i>:a later than the 60th dory otter the date of receipt of thi,, .7r,otice to! Rerrreydic-t-crn D v sign. Texas Cornmisslan art En: ronenetntal Oualiiv. PO Box a3807, MC log, Austin. Texas 70711.31707. A Copy at the pppiicotion Is avoi!o#ale for Public viewing at De- raortment of Public !works in Roarn 4W. 1300 7th 5tra*f. Wichita Falls, Texas durinro reaular ousine" hours Mondav +hru Friday from 8:00 AM to S:00 Phi. If you have any ques- riors, please feel free to contact the City of Wichita Falls of (9410) 761.7477. Wheelchair nr handicapped WCaasibility to the meeting is pos- -;bled by using the handicuoped Parking spaces and ramp local- vd off the cost Parking lot on the Sixth 'Street entrance,. Spanish lantuMe, Interpreters, deaf intitrpriI►tars, Braille col- les or env other sprcrmi needs will be ProvifNd to MW person rregvesting a svecial 'service wilh at MW 24-itaiir notice. Pry call the City Clerk's Office of 7+61.7409. Wlretiss L,istlen- Ing System devicux are available at the City fJlanallevs recep. tirrn arm or You may call 761 7404 for inquiries. Jon Niermann,Chairman `PC F OF Emily Lindley,Commissioner w r0,;•- yam\ Bobby Janecka, Commissioner +�?+ Toby Baker,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution August 18, 2020 Ms. Marie Balthrop, City Secretary City of Wichita Falls Department of Public Works & Engineering 1300 7'h Street, P.O. Box 1431 Wichita Falls, Texas 76307 Re: Municipal Setting Designation (MSD) Certificate for Wichita Falls Economic Development Corporation, Former Fleetwood Homes of Texas Site, located at 2400 Burkburnett Road, Wichita Falls, Wichita County, TX; Municipal Setting Designation (MSD) No. 430; Voluntary Cleanup Program(VCP) No. 2960; Customer No. CN602189318; Regulated Entity No. RN110909702 Dear Ms. Balthrop: The above-referenced MSD is located within your corporate limits or extraterritorial jurisdiction; therefore, as required by Texas Health& Safety Code §361.807(a)(2), enclosed is a copy of the MSD certificate dated August 13, 2020. If you have any questions, please contact me at (512) 239-1747 or via e-mail (Rohan.Jayasuriya@tceq.texas.gov). Sincerely, Rohan Jayasuriya VCP-CA Section Remediation Division RJ/jdm Enclosure: Copy of MSD Certificate No. 430 P.O.Box 13087 • Austin,Texas 7871 L-3087 • 512-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey panted on recycled papa TEXAS COMMISSION ON ENVIRONMENTAL QUALITY O,; MUNICIPAL SETTING DESIGNATION CERTIFICATE As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act): I, Beth Seaton, Director, Remediation Division,TCEQ certify the Municipal Setting Designation (MSD) for MSD No. 430, in the City of Wichita Falls, for the tract of land described in Exhibit "A". The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B", provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the ordinance or restrictive covenant required by Texas Health and Safety Code §361.8065 remains in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. EXECUTED this the 13 day of August , ?020 13t,th, At0j-Thr\- Beth Seaton, Director Remediation Division Texas Commission on Environmental Quality It Exhibit A 'age 3 of 3 i -tone"E.3ackSon sit Road �.._ , Zt1 WichtN 1g•48'�126 yak h a1 S�NeY PriS fact AA ve, x R M ca�ba\ m- t c;e 03n� , . wm 000 4 1([pkOa t 4 e OS( is 6d1 (1 Nt dQ..ipa51 ,,el , 0`ti;�,s ,�, vva*v EOf je'K, f ' (1-(sic E2oV /OP e e 05 ie8538 � " Site: 1.06• a , `o� s v, r,nd° ° t1• •,, ' -~ � � 11 Nf+aE PaM 54, t ./- Grp 11 d�e Z0 A2Y` <t o �0�'-� I f r ,.. aonan -51 'l 5 5a1cI ` t yt_, Elea^o ae►E I 00,-M 1VT• „ub,Paa, a 1• t I I ap ,. � ,am. Nia vs0..s t \ .�i.Con j : r� One Story Metal F3uildinIt i Ii n L i `s . Gravel • W �e nT• . Urr Bledna I( G • name auldtrp % o fry I / 1 t- �e- • \ Z o• Block 5 r 31.01 Acres j Block 4 �, Unit Two ; \, 6. nt Arrowhead Industrial District/ , / ' R os Wichita Falls, Texaas' / t2 i / > a' ' I E L Ill 1; v`D ? • 52S 3ptyea'. e u> t� �aSe 2Aol s dg� /� ��°a SIR.Set Iron Rod ps M a FIR a Found Iron Rod 3 6 / ' a t`, This pal ea protected by /- ,.G • �V(Y-bv Federal Copyright ues '�,� lire NYdnnt end may not oe Coped by anyone after raw ona,ne, h2�� trammel.br*Non t --, ::.....---,e; Prop 42022F"b14,4 aZ52 was intended pad`ar�M.2'6 20 Cn 9 aw.. I ucn• ISO r••l Properly in wi DOES within the I hereby certify that this plat represents the results of an on the ground survey made under my direction and too Year flood Zone ea supervision of the property located at 240G Burkburnaa Road I State Hiohwav 2401,and described as follows-ArtowAaad delineated on Um Flood Map Cit Industrial District Una Two.Block 4 end Mock Bo 5.and 1.11 Acres out of the M.Carta*Survey.Abstract 44(See My and Roadway Map,Cray OtWKnta FalN, Attached Field Notes for a complete deacrotionj,an addition to the City of Wichita Falls,Wichita County,Texas, Wichita County,Texas according to the plat of record in Volume 21,Pages 21-22.and Volume ,Pages 326-327.Wichita County Plat Records Panel Number ran, /as and bet the satire land described In Volume 1781,PageWichita CountyOfficial PuDlic Records.I fu 'v pnnsnad to the u S � �. Department of Flouap drat Mat the dimensions,arze and location of the buadngs and improvements are as shown;Met there no vit pj rz Wimp,Development=aw�i encroachments,conflicts or protrusions except as shown All corners are as shown 4��'��T ♦� !romance Admnistranon This the a day of pecamber ZOOS Revised Jerx3ary 18,2006 44, „�. > Zone X TEXOMA LAND SJRVEYING ( 1 f J 00' pQrF.WOOPli J ► This Pal naoxrcror (940) 691-9711 ser F.Woodmen }, 1+ p4vJ t y.^'t T.roma Lan]S.rnoy''r tbantar•t Prelool �e•t ay.ever Mom•r 2rd.' \ DaWe Sri Exhibit $ Page 1ofI Exhibit B Municipal Setting Designation Affidavit of Eligibility BEFORE ME, the undersigned authority, on this day personally appeared Henry Florsheim .as an authorized representative of Wichita Falls Economic Development Corporation , known to me to be the person whose name is subscribed below who being by me first duly sworn, upon their oath, stated as follows: I am over the age of i8 and legally competent to make this affidavit. I have personal knowledge of the facts stated herein. I affirmatively state that(place an X in all applicable blanks) Li The MSD eligibility criteria of THSC Section 361.803 are satisfied. X1 True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC 361.803 have been satisfied and are included with the application. © A true and accurate copy of a legal description of the proposed MSD property is included with the application. [X. Notice has been provided in accordance with THSC 361.805. X A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or will be provided before the executive director certifies this application. /C-\-4-2 � Date: J �• Signatur Henry Florsheim Printed Name President& CEO Title STATE OF Texas COUNTY OF Wichita k /� _SUBSCRIBED AND SWORN before me on this the Mail� day of 1 6.,f� _ 20 ,to which wi. ess my anIl meal of offi . • INGRto c CAREY Notary Pu6.1. in and for the Stat 7 X6, ; Notary PublVc,State of TiresoKes , My Commission Exp 7' :Es' i qq April 28,1 202354 August 2011 NOTA}iY ID 12454295