HomeMy WebLinkAboutCertificate of Completion 10/20/2003 CERTIFICATE OF COMPLETION
OF RESPONSE ACTIONS
UNDER SECTION 292.15(2)(a), WIS. STATS.
~g./~, the City of Oshkosh has applied for an exemption from liability under s.
292.15, Wis. Stats., for the property located at Pearl Avenue and Marion Road, Oshkosh, which
is commonly referred to as the Universal Foundry site, further specifically described in the legal
description found on Exhibit A ("the Property");
~.~, an environmental investigation of the Property has been conducted and has
deten-nlned that contamination exists at the Property;
~/~*~, the City of Oshkosh has submitted to the Wisconsin Department of Natural
Resources ("WDNR") investigation reports and a remedial action plan for the ProPerty which
comply with the requirements set forth in cbs. NR 700-754, Wis. Adm. Code, consisting of the
documents and reports listed in Exhibit B;
~g,/~e'tea4, in accordance with s. 292.15(2)(a), Wis. Stats., the WDNR has determined
that an environmental investigation has been conducted which adequately identified and evaluated
the nature and extent of the hazardous substance discharges on the Property and WDNR has
approved of the remedial action plan for the Property; and
~e,m~, the WDNR has granted the City of Oshkosh an exemption under section NR
140.28(2), for having chlorinated solvent-related contamination in the groundwater above the ch.
NR 140, Wis. Adm. Code, preventive action limit;
~/de'tea~, the City of Oshkosh has filed with the Register of Deeds of Winnebago County
a deed restriction (Exhibit C) on the Property which declares that the Property is held and shall be
held, conveyed or encumbered, leased, rented, used, occupied and improved subject to the
following limitations and restrictions:
The 18 inch soil cover with geotextile non-woven fabric barrier and asphalt barder that existed on the
above-described property on the date that this restriction was signed form a barrier that must be
maintained in order to prevent direct contact with residual soil contamination that might othem, ise
pose a threat to human health.
The barriers thai exists on the above-described property in the location shown on the attached map,
Figure I (Site Location diagram) on the date that this restrtction was signed shall be maintained in
compliance with the "Engineering Controls Maintenance Plan" (Attachment 3), dated May 43, 2003
that was submitted to the Wisconsin Department of Natural Resources by the City of Oshkosh, as
required by section NR 724.13(2), Wis. Adm. Code (1999).
Page 1 - Certificate o£CompletJon - Former Universal Foundry, Oshkosh
In addition, the following activities are prohibited on any portion of the above-described property
where the cap has been placed or where impen/ious surfaces exist (Figure O, unless prior written
approval has been obtained from the Wisconsin Department of Natural Resources or its successor
or assign: (f) Excavating or grading of the land surface; (2) Filling on capped areas and areas with
impervious surfaces; (3) Plowing for agricultural cultivation; and (4) Construction or installation of a
building or other structure with a foundation that would sit on or be placed within the cap or
impervious surface.
This restriction is hereby declared to be a covenant running with the land and shall be fully binding
upon all persons acquiring the above-described property whether by descent, devise, purchase or
otherwise. This restriction inures to the benefit of and is enforceable by the Wisconsin Department
of Natural Resources, its successora or assigns. The Department, its successors or assigns, may
initiate proceedings at law or in equity against any person or persons who violate or are proposing to
violate this covenant, to prevent the proposed violation or to recover damages for such violation.
Any person who is or becomes owner of the properly described above may request that the
Wisconsin Department of Natural Resources or its successor issue a determination that one or more
of the restrictions set forth in this covenant is no longer required. Upon the receipt of such a request,
the VVisconsin Department of Natural Resources shall determine whether or not the restrictions
contained herein can be extinguished. If the Department determines that the restrictions can be
extinguished, an afridavit, attached to a copy of the Department's written determination, may be
recorded by the property owner or other interested party to give notice that this deed restriction, or
portions of this deed restriction, are no longer binding.
~Jf.e/tea~, On August 12, 2003, WDNR determined that response actions necessary to
restore the environment to the extent practicable with respect to the, discharges and minimize the
harmful effects from the discharges to the air, land, and waters of the state were completed.
sT~, based upon the information that has been submitted tO the WDNR, the
WDNR hereby certifies that the response actions set forth in the WDNR approved remedial action
plan for the Property and any other necessary response actions have been completed.
Upon issuance of this Certificate, the City of Oshkosh and the persons qualified for protection
under s. 292.15(3), Wis. Stats., are exempt from the provisions of ss. 289.05(1), (2), (3) and (4),
289.42(1), 289.67, 291.25(1) to (5), 291.29, 291.37, 292.11(3), (4), and (7)(b) and (c) and
292.31(8), Wis. Stats., with respect to the existence of hazardous substances on or originating
from the Property, the release of which occurred prior to the date the WDNR approved the
environmental investigation required under s. 292.15(2)(a)1., Wis. Stats. However, the City of
Oshkosh and a person otherwise qualified for protection under s. 292.15(3), Wis. Stats., who
owns or controls the Property' would no longer qualify for this liability exemption if that person
fails to maintain or monitor the Property as required by rules promulgated by the WDNR. Any
releases of a hazardous substance to or from the Property that occur after the date that the
environmental investigation was approved will be the responsibility of the current Property owner
and any other person who possesses or controls that discharge and any person who caused the
discharge.
The protection from liability provided under s. 292.15(2), Wis. Stats., does not apply to any
person who has obtained a Certificate of Completion by fraud or misrepresentation, or by the
knowing failure to disclose material information or under circumstances in which the City of
Oshkosh knew or should have known about more discharges of hazardous substances than was
revealed by the investigation approved by the WDNR.
Page 2 - certificate of completion - Former Universal Foundry, Oshkosh
Oshkosh knew or should have known about more discharges of hazardous substances than was
revealed by the investigation approved by the WDNR.
Nothing in this Certificate or in s. 292.15. Wis. Stats., affects the authority of the WDNR to
exercise any powers or duties under applicable laws other than ss. 289.05(1), (2), (3) and (4),
289.42(1), 289.67, 291.25(1) to (5), 291.29. 291.37, 292.11(3), (4), and (7)(b) and (c) and
292.31(8), Wis. Stats., with respect to any release or threatened release of contaminants at the
Property, or the right of the WDNR to seek relief available against any person who is not entitled
to protection from liability under s. 292.15, Wis. Stats.. with respect to such release or threatened
release.
SIGNED AND CERTIFIED this ~xO day of 0c-4-o1~-'~ .2003.
Scott Hassett, Secretary
Wisconsin Department of Natural Resources
Page 3 - Certificate of Completion - Former Universal Foundry, Oshkosh
EXHIBIT A
LEGAL PROPERTY DESCRIPTION
Former Universal Foundry
UNIVERSAl. FOUNDRY PROPER'I?.
L£GAl. DESCRIPTIONS
DESCRIPTION PARCEL NO.-1 '
Ail of Lots 7, B, 9, 10. 1% 18 and 17 eno a par[ 6f Lots 5, i2, 13, 14-, 15 ~nd
L; ~11 of L=ts % 2 end 3 =~ = port ~f Lots ~, 5 =~d 30 'in Block G; eJl of we;led
S~t for the southw~te~y ~ine ~f Pearl Avenue to the centeH~ne of ~e C ~ NW
trecx: e[l'~ We~em Addi[o~~to Oshkosh, In the'~rst W~rd, ~ity of Oshkosh.
et the North~esteHy comer ef Lot 1 of ~[ock G in Western Addit1~ end being thc
ef beginning; ~nning ~enee S.51'-20'-07'E 15D.34 feet, ~long the southwesterly line
PeaH Avenue 'to its ~te~e~on ~hh the Nc~we~ ==mar el.Lei 1' ef Codified
No. 1579 ~c= $.38'--56'--25'W, 120.5D fee[ along thc westeHy llne of L~t-
Cart;fled Survey Map No. 1579 ~ence ~38--5t -01 W. 30.00 fee~ along ~e wes[orJy hne
of said Ce~tfied su~ey Map No, 1579; thence 5,51'-+Tf-Zg"E..30.O0 feat; thence
51'-01"w. 85.5I feet, ~long ~e wallaby line of Let 1 al s~Id Certified Su~ey Mdp No, 1579
to it= so~[h~c=tc~y c~cr t~crcah ~ance N,51~5'--23'W. 457.33 faa[, ~lo~g ~e '
~ontcdina of 'the C ~.NW Railroad tr~ck; thence No~hwesterly ~.12 fee[, along the arc
17.29.28 fact and ~e chord ~f ~Mch boors q.52~37'--ll'W. 54.12 feet; then=e
Warren Read to ~h~ Southeasterly c~rner of Lot 1 6f Codified 5u~cy ~p No,
thence N.38"-16'~26'[ 120,31 feet, ~la~g thc ~s{efl7 ~ln= of Lot ~ el CartlOad Sb~y Map
No. 158~ to its No~heaetcHy c~mer therao~ ~ence S.51~'-59"~ 179.0~ feet, along the
No,hefty ]~ne ~f Lo[s 18, 17,~16 =n~ 15 of ~a[d Block ~ th~ca N.~'-50'-26"[, 123.75
f~t, ~long ~ line 5 feet ~estafly of the a~steHy line of Lot 6 ~f s=~d B~ock L to
the southwesterly line of ~earl Avenue; thanes S.~1"-11'-59'[. 305.83 f~et, o~n~ the
DESCRIPTION PARCEL NO. 11
A port of Lots 12, 15, 14 ond 15 of Block L; o part of Lot~ ,~, 30, 29. 2S, 27, 25, 25 and 24
of Block G; a part cf Lots 1 and 2 cf blod4'£;; part; of Lots 6 ana 15 and ail of Late
9, 10, 11, 12, 13 and 1~, of Block W; a portionof vacated Warren Road, vacated Dawes
City of Oshkosh, ~nebaco County, ~eonsln containing ~.786 acres of and and being
described b~ Commencln~ at ~e southeastaHy comer of ~t 1 of Ce~lfied Survey Mop
N0..1584: thence S.51~SZ'~05"~ 15~37 fee~ along the no~eostarl~ Ii~e of W~en
to. its Intersection with ~e'.mid line of Lots 6 and 15 of said Black M .extended northeasteH~
and being the t~ue p=i~t of behind, lng= ~nnin~ thanc~ N.3~'-~8'-SB"~ 3.1~ f~et;
southeostaHy 54;12 fe~t, along the arc of a ~a to ~a right being the can{aMine- of the C
· NW Eailra~d {rack having a radius of 1729.28 feet an~ the ~rd o[ which beam S.52'-37'
-H'E. 54.12 feet; ~ence S.51'-43'-23'E' 787.51 f~et along ~a cant~Hlna ~f the C
Railroad ~ack; thence ~9~O0'--Og'W. 3{.1~ f~e[; thence N.51'-~7'-37~W. 30.29 fee[;
thence S,38'-52'-22~W. 7.~0 feet, along the south line of Lot 2 in =aid alack Ete
.sou~w~tedy comer of .s,31d Lot 2; thence ~.38'-49'--~S'E. 1~9.70 feat, ato~'~ the
southeosteHy line of D~o~ Street to its interaction w~ the =enteMlne of vacated
Hancock Strae~ ~en:= h.51~57'-2&'W. 106,27 feet, ~loag the ¢anteHln: of
Hancock Street; ~anco ~.58~47'-16"W. 75.65 fee[; thence N.51'-57~-2~=W. 150.00 fea~
thence N,SB~4B'--58"~ ~43.52 feet, ~lon~ ~e mfd tine of ~ts 6 on~ ~5 of Block U ~nd
Page 4 - Certificate of Completion - Former Universal Foundry, Oshkosh
EXHIBIT B
INVESTIGATION AND REMEDIAL ACTION PLAN REPORTS
Former Universal Foundry
1. December 1994 Site Investigation Report - Hunter Building, Fox Environmental Services
2. July 1995 Interior Closure Documentation Report - Hunter Building, Fox Environmental
Services
3. November 29, 1995 Case Summary and Closeont Form, Hunter Building Interior, WDNR
4. January 19. 1996 Case Summary and Closeont Form, Hunter Building Exterior. WDNR
5. January 31. 1996 Conditional Closure Plan Approval, WDNR
6. February 1996 Chemical Solvent Site Investigation Report. Fox Environmental Services
7. February 28, 1996 Conditional Hazardous Waste Facility Closure Plan Approval, WDNR
8. April 24, 1996 Closure Documentation Approval. WDNR
9. April 26. 1996 Performance-based Soil Standards for Closure of Universal Foundry - Hunter
Building Exterior. WDNR
10. July 15, 1996 Chemical Solvent Closure Documentation, Fox Environmental Services
11. July 16, 1996 Case Closure Universal Foundry - Chemical Solvent Area. FID #471031330.
WDNR
12. July 1996 Exterior Remedial Closure Plan, Fox Environmental Services
13. April 8, 1997 Exterior Remediation Closure Plan Submittal, Fox Environmental Services
14. May 1997 Environmental Assessment Summary Report, Fox Environmental Services
15. June 1997 Environmental Assessment Summary Report Amendment No. 1. Fox
Environmental Services
16. December 1997 Remedial Action Documentation Report, Fox Environmental Services
17. May 14. 1998 Closure of BRRTS #02-71-171604, WDNR
18. January 11, 2000 Notification of Potential Petroleum Release from UST System, STS
Consultants. Ltd.
19. August 2, 2000 Site Assessment and Closure Plan for Redevelopment Project, STS
Consultants, Ltd.
20. November 2, 2001 Remedial Documentation and Certificate of Completion Request, STS
Consultants, Ltd.
21. December 5. 2001 Request of Partial Certificate of Completion. WDNR
22. October 31, 2002 Results of Environmental Monitoring on Parcel C. STS Consultants, Ltd.
23. May 13. 2003 Certificate of Completion Request. STS Consultants. Ltd.
Page 5 - Certificate of completion - Former Universal Foundry, Oshkosh
EXHIBIT C
DEED RESTRICTION
Former Universal Foundry
See attached documents
Page 6 - Certificate of Completion - Former Universal Foundry, Oshkosh
Document Number
DEED RESTRICTION
Declaration of Restrictions
In Re: See Attachment I - L qiversa[ Foundry Legal
Descriptions and Attachment 2 - Parcel E Legal
Description
STATE OF WISCONSIN )
) ss
COUNTY OF WINNEBAGO
WHEREAS. the City of Oshkosh is the owner of the above-
described property.
WHEREAS Fill soil has been disposed of on the property
which is identified in Figure 1. As of December 2000.
January 2001 and May 2001, when soil samples were
collected on this property, the fill soil has been found to be
contaminated with lead in concentrations which exceed ch.
~IR 720, Wisconsin Administrative Code, Direct Contact
Residual Contaminant Levels for non-industrial land use at
the locations identified on Figure 2. Soil samples that were
collected on this property indicate lead contaminated soil
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
09/11/2003 09:47A~
SUSAN WINNINGHOFF
REGISTER OF DEEDS
P,B:ORB Ii~ EE
FEE
# OF PP, SE$ 7
90102430000
Parcel Identification Number
remains on this property at the following locations: Court yard between Pamel E Building
Nos. 3 through 5 and Building No. 5 northeast parking lot. Sampling locations and
results are shown on Figure 2.
WHEREAS. it is the desire and intention of the property owner to impose on the property
restrictions which will make it unnecessary to conduct further soil remediation activities
on the property at the present time.
NOW THEREFORE. the owner hereby declares that all of the property described above
~s held and shall be held, conveyed or encumbered, leased, rented, used, occupied and
~mproved subject to the following limitation and restrictions:
The 18 inch soil cover with geotextile non-woven fabric barrier and asphalt barder thal
existed on the above-described property on the date that this restriction was signed form
a barrier that must be maintained in order to prevent direct contact with residual soil
contamination that might otherwise pose a threat to human health.
The barriers that exists on the above-described property in the location shown on the
attached map, Figure 1 (Site Location diagram) on the date that this restriction was
signed shall be maintained in compliance with the "Engineering Controls Maintenance
Plan" (Attachment 3), dated May 13. 2003 that was submitted to the Wisconsin
Department of Natural Resources by the City of Oshkosh. as required by section NR
724.13(2), Wis. Adm. Code (1999).
In addition the following activities are prohibited on any portion of the above*described
property where the cap has been placed or where impervious surfaces exist (Figure 1),
unlsss prior written approval has been obtained from the Wisconsin Department of
Natural Resources or its successor or assign: (1) Excavating or grading of the land
surface: (2) Filling on capped areas and areas with impervious surfaces; (3) Plowing for
agricultural cultivation; and (4) Construction or installation of a building or other structure
with a foundation that would sit on or be placed within the cap or ~mpervious surface.
This restriction is hereby declared to be a covenant running with the land and shall be
fully binding upon all persons acquiring the above-described properly whether by
descent, devise, ourchase or otherwise. This restriction inures to the benefit of and is
enforceable by the Wisconsin Department of Natural Resources, its successors or
assigns. The Department, its successors or assigns, may initiate proceedings at law or
in equity against any person or persons who violate or are proposing to violate this
covenant, to prevent the proposed violation or to recover damages for such violation.
Any person who is or becomes owner of the property described above may request that
the Wisconsin Department of Natural Resources or its successor issue a determination
that o'~e or more of the rest?icti, ons set forth in this covenant is no longer required. Upon
the receipt of such a request, the Wiscohsin Department of Natural Resources shall
determine whether or not the restrictions contained herein can be extinguished. If the
Department determines that the restrictions can be extinguished, an affidavit, attached to
a copy of the Department's wdtten determination, may be recorded by the property
owner or other interested party to give notice that this deed restriction, or portions of this
deed restriction, are no longer binding.
Richard A. Wbllangk
By signing this document, ~' asserts that he or she is duly authorized to
sign this document on behalf of City of Oshkosh.
IN WITNESS WHEREOF, the owner of,the p, roperty has executed this Declaration of
Restrictions, this ~ day of ~o ~6.¢,~0A ~ 2003
Signature:
Printed Name: Richa~ A. ~Itangk
Title: C ~.t.y [v~3rlagE¢
Subscribed and sworn to before me
this ~' . day of .~'~-%-2.003.
Nota~ Public, State of ~
My commission ~ ~l ~¢ ~
This document was drafted by the Wisconsin Department of Natural Resources based
on information provided by STS Consultants, Ltd.
SITE LOCATION DIAGRAM .~'RovED ~ ^C;M ,/os/o:3
FORMER UNIVERSAL FOUNDRY PROPERTY o~u~ sc~
~.,~%.~,. OSHKOSH, WISCONSIN ,=~ 1"= 150'
~, ~ ~0= 27666XA 1
LEAD SAMPLING LOCATION DIAGRAM .~w. ~ CDH 4/05/0~
UNIVERSAL FOUNDRY
~,,~,,~ OSHKOSH, WISCONSIN ,~~ 1" = 80'
~-. ~ ~ 27666XA 2
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'ATTACHMENT 1
UNIVERSAL, FOUNDRY' PROPERTY
LEGAL 13ESCRIPTIONS
DF. SCRIPT[ON PARCEL NO.' 1
Alt of Lots 7, 8, 9, 10. 11, 18 and 17 cn,~ a pert df Lots IS, 12, 1~ 1~, 15 =nd lB of
L; ~tt of Lots 1, 2 and 3 a~ ~ ~art of Lots ~, 5 an~ 30 i~ glock G; all of wcated Dawes
S~t for the sout~w~tedy f~e of Pearl Avenue to thc cent~ne of ~e C ~ NW
track: all'la Western Add,ion: to Oshkosh. In the'~ Word, C~ty of O~hkosh,
et' the Northwe~terlg comer of Lot 1 of ~1ock G in Western Addillon on~ being thc tee point
ef beginning; ~dnlng ~enee.S. Sf'-20'-07'~ 150.3~ feet, along the southwesterly line of
Pooh Avenue to T~ ~tt~en with the N~wes~ ~rnor of Lot l'~f Call,ed Su~ey Mop
Certified Survey U~p No. ~57g; ~ence ~3B*-6~'-Ol'W; ~O.~ fee~ along ~e weste~ ?ne
of se;d Codified su~ey Map No, 157e; ~hence 5.51'-~7~-2~ E.'~O. O0 fee~ thence S.35-
51'--01~. 85.51 feet. along ~e westerly line o~ Lot I of said CerUfled Su~ey MOP No.
to ~t= south~e=te~y co~cr t~crea~ ~ence N.Sl~'--2~'W. 457.3~ feet, along ~e
oante~ne of 't~e C ~.NW Railroad tre~k: theoce No~hwesterly ~.12 feet, along the arc
a cu~e to t~e left berg the canted[ne of ~ C · NW Raaroad track ~a~ng a radius of
17.29.28 feet and ~e ~ord of ~hlch bear= N.52~37'--11'W. 54.12 feet; thence
58"W. ~.12 feet; thence N.51~2'-Q6"W, 1~2.37 feet, alan~ ~a Northeasterly }ina of
Warr~ Road ko ~e Southeasterly corner of Lot 1 of Codified Su~cy ~ap Ne.
thence N.55'-16'--25'~ 120.31 feet; ~[ong the eaate~y linc of Lot 1 of Certified Su~y Mop
No. 158~ to its No. easterly ~omer theraofi ~enca ~51'--5~'--5g'~ 179.~ f~L clang the
No~he~y II~e of Lots 18, 17,[16 ~nd 15 of s~ld Blec~ ~ th~ce N.~'-50'-26"E, 125.75
f~t, ~long e t~e 5 feet aes~edy of the e~stedy l~ne of Lot 6 of s~ld Block L to e point
the southwests~y ~Ine of ~eerl Avenue~ thence S.51'-1~'-5g'[. 305,85 feet, along the
D/SCRIP~ON PARCEL N0. :1
A pa~ of Lots 12, 13, 14 and 15 of Block ~ a port of Lo~ ~. 50, 29, 28, 27, 26. 25 end 2~
of Block G; ~ part of Late 1 end 2 ~f bloC'E; a ~ort of Lots 6 eno 15 ~nd all of Lots 7,
g, 10. 11, 12. 15 =~d 1~ of ~lock ~; e ~ortlon o~ vecote~ W=rren Road. ~ceted Dawes
City of Oshkosh. ~nnebc~o County, ~sconsin cont~ln~ng ~.786 gores of lend and
desc~bed b~ Commencin~ ct ~e southeasterly comer of Lot 1 of Certified Su~ey
No.'1584: thence S.51~2'-06 [ 1~2,37 feet. along the nc~hoesterl~ line of W~rren
to. Its Inter~cctlon with ~e.mid line of Lots 6 and 15 of said Block M extended northeasterly
southeasteHy 54;12 feet, along thearc of a cu~e to ~e right being the eente~ine of the C
& NW Ra~road track having a radius of 1729.28 feet and [he ~ord o[ whic~ bears S.S2'-57'
-11'E. 5LI2 feet; ~ence ~.51'-~'-23'[' 787.5~ feet, along ~e centetllna of the C
Raaroad tr~k; thence S.39~OO'-Og'W, ~.1+ feet; ~ence N.51'-~7'-~7"W. 50.2g feet;
thence 5.38'-52'-22"W. T.~O feet. along the south Ilne of Lot 2 in said ~lock E to the
,southw~tefly comer of ,sqld Lot 2; thence N.~E~4g'--58'~ 149.70 feet, along the
southeasterly Ilne of Dawes Street to its intersection w~th the cantefline of vacate~
Hancock Street; ~enee H.51~ST'--2~"W. 10~.27 feetL along the canteHln~ of vacated
Han~ock Street; ~ence N.SB~4T'-I6"W. 75.86 fee~; thence N.51~57[-2~'W. 150.00 feet;
- thence H,~5'~4B'--58"~ ~.~2 feet. along the mfd tine of Lets 6 ~d 15 of Black
axe.alan to ~c northca=terly l;ne of Wa~cn Road and being the tm= po;ne of beginning,
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ATTACHMENT 2
Parcel E
Legal Description
That part of vacated D'awes Street, Warren Koad, Hancock Street and Blocks E, F
and M of Western Addition, a platted subdivision,located in' the: Southeast ¼ of the'
Northeast ¼ of Section 23, Township 18 North, Range 16 East, City of Oshkosh,
Winnebago County, Wisconsin, bounded and described as follows:
commencing at the southeast comer of said Northeast ¼ Section; thence North
01 17 08 West, 233.67 feet along the east line of said Northeast ¼ Section to the
centerline of Pearl Avenue as established fi.om the centerline of the existing pavement
between Dawes Su'eet and Jackson Street; thence North 53o02'34" West, along said
canterline, 617.70 feet; thence South 37o14'47" West, 50.19 feet to the southerly right of
wa~ line oft:he proposed Warren Road and a point of curve to the left; thence
northwesterly, 86.60 feet along the arc of said curve, whose radius is 160.00 feet and
whose chord beaPa North 71020' 1 ~" West, 85.55 feet; thence NoFth 86°50'42" West,
402.9'/feet to the point of beginning;
Thence South D0°00'00', West, 294.07 feet to the northerly right of way line of
the abandoned Wisconsin Central Raikoad and the point of curve to the left; thence
southwesterly, 248.61 feet along the are of said curve, whose radius is 618.11 feet and
whose chord bears South 64o59'54" West, 246.93 feet; thence North 53°47'54" West,
37.39 feet; thence North 36°58' 17" East, 119.70 feet; thence North 53042'04" West,
265.66 feet to the southeasterly fight of way line of the proposed Marion Street; thence
North 36.°45'11" East, along said sofith~asterly right of way, 265.89 feet to the
southwesterly right ofwa. y line of Warren Road; thence South 53° 14'49" East along said
southwesterly fight of way, 42.24 feet to the point of curve to the left; thence
southeasterly, 186.18 feet along the are of said curve, whose radius is 317.50 feet and
whose chord bears South 70o02'45" East, 183.62 feet; thence South 86°50'42" East
along said southwesterly right of way line of Warren Road, 30.69 feet to the point of
beginning
Above described parcel of land having an area of 110,705 squarefeet or 2.5414 acres,
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Z:\projects~24679Aksurvey~logals\parcels\parcel e.doc
2-27-2001
ATTACHMENT 3
ENGINEERING CONTROLS MAINTENANCE PLAN
The Former Universal Foundry Company
Oshkosh, Wisconsin
To obtain environmental closure and a Certificate of Completion for the Former Universal
Foundry Company property, engineering controls have been installed to limit the threat to public
health and safety by essentially eliminating the direct-contact potential. For areas identified on
Figure 1, which has a defined future residential land use, engineering controls, including:
asphaltic concrete barrier with a crushed gravel base course and soil cover with geotextile
fabric, were identified in the property deed restriction imposed by the Wisconsin Department of
Natural Resources. The engineered cover shall be inspected and maintained by the property
owner on an annual basis to ensure its long-term effectiveness as a barrier to the covered soil
and concrete direct contact.
The following is a list of annual maintenance checks to assess the integrity of engineered cover
on the soil:
I A geotextile non-woven fabric was placed at the base of the Parcel E Court Yard cap
to provide a visual barrier between the lead-impacted soil and the direct contact
cover. Exposure of the geotextile fabric will require maintenance to the soil cover.
2. The direct contact cover generally consisting of soil and grass within the court yard
of Parcel E shall be maintained to a thickness of 18 inches to limit the direct contact
potential and provide positive drainage on the site.
3. A layer of asphaltic concrete was placed over crushed aggregate base course in an
area depicted on the Figure 1. Periodic inspection of the asphalt concrete will be
required as any cracks should be sealed on an annual basis.
State of Wisconsin ~. DEPARTMENT OF NATURAL RESOURCES
Oshkosh Service Center
Jim Doyle, Governor 625 E. County Road Y, Suite 700
Scott Hassett, Secretary Oshkosh, WI 54901
Ronald W. Kazmierczak, Regional Director Telephone 920-303-5424
FAX 920-424-4404
TrY 920-492-5912
October 30, 2003
Mr. Jackson Kinney
Director of Community Development
City of Oshkosh
215 Church Avenue / P.O. Box 1130
Oshkosh. WI 54902-1130
SLTBJECT:
Ce~ificate of Completion for
Former Universal Foundry Property, Pearl Avenue & Marion Road. Oshkosh
WDNR BRRTS ID ,q06-71-230545
Dear Jackson:
Enclosed is the Certificate of Completion signed by Secretary Scott Hassett. The Department
has appreciated the City of Oshkosh's participation in the Voluntary Party Liability Exemption
(VPLE) Program. I look forward to working with you on other improvement projects in the City
of Oshkosh.
Various environmental releases and concerns were addressed during the redevelopment of the
property. They included the following:
· BRRTS ~?02-71-171604 Foundry Sand/Lead impacted areas and miscellaneous solvent
release areas. This site was granted conditional closure with a deed restriction placed for
cap maintenance over the lead-contaminated foundry sands left in-place in an area
including locations L10, L19, L21, L22, L23 and L24. The site will be listed on the
Department's GIS Registry of Closed Sites, which lists sites with soil restrictions and/or
groundwater exceedances.
· BRRTS g03-71-114218 West Tank Area. This site was granted unconditional closure.
· BRRTS 4~03-71-252972 East Tank Area. This site was granted closure with a PAL
Exemption for TCE and PCE in monitoring well MW-104. The Department believes that
the above criteria have been met and the area is serviced by the City of Oshkosh
Municipal System. Therefore, pursuant to ch. NR 140.28. Wis. Adm. Code. an
exemption for the manganese, chloride, and sulfate enforcement standard is granted for
this site. This letter serves as your exemption. At this time the Department is not
requiring any further investigation or other action concerning this specific site.
www.dnr.state.wi.us Quality Natural Resources Management
www.wisconsm.gov Through Excellent Customer Service Printed on
Your cooperation has been appreciated. If them are any questions you may contact me at
(920) 424-0399.
Sincerely,
Kathleen M. Sylvester, Hydrogeologist
Remediation & Redevelopment Program
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CC~
Case File - OSH
Brace Urben - N-ER (electronic) Kathy Erdmann - NER (electronic)
Michael Prager - RR/3 (electronic)
Kristi Bales, City of Oshkosh (electronic)
Jason Scott, Department of Commerce/Brownfield Program, P.O. Box 7970,
Madison, WI 53707 (electronic)
Paul Killian, STS Consultants, Ltd., 1035 Kepler, Green Bay, WI 54311 (electronic)
Andrew Mott, STS Consultants, Ltd., 558 Main Street, Oshkosh. WI 54901 (electronic)