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HomeMy WebLinkAboutRemonstrance Packet - Indianapolis Waterworks 06-21-11Carmel Plan Commission Meeting June 21, 2011 John M. Davis, Attorney Church, Church, Hitt le & Antrim 938 Conner Street Noblesville IN 46060 Appearing for: The Service Advisory Board of the Dept. of Waterworks City of Indianapolis Attached: Letters from SAB member leadership in opposition to gas station at 146th and River Road Page 1 of 1 John Davis From: John Davis Sent: Wednesday, December 15, 2010 5:04 PM To: 'dhaney @carmel.in.gov'; 'jduffy @carmel.in.gov' Cc: 'Klein, Matthew'; 'Schlegel, Fred E.'; 'lauren.toppen @indy.gov' Subject: FW: Filling Station at 146th and River Road Doug and John: We represent the Service Advisory Board, which consists of the communities served by the former Indianapolis Water Company. The SAB is concerned that this proposed gas station is within the one year time of travel for any contamination of the aquifer to the production wells of Indianapolis Water. You likely face the same issue. The SAB opposes this use for the site, and hopes that Carmel does too. Please let me know your position on this. Happy holidays to you both. Best regards. John M. Davis Church Church Hittle & Antrim 938 Conner Street P.O. Box 10 Noblesville, IN 46061 317 - 773 -2190 317- 773 -5320 Fax From: Kenton C. Ward [mailto: Kenton .Ward ©hamiitoncounty.in.gov] Sent: Wednesday, December 15, 2010 4:41 PM To: David George; Ed Malone; John Davis; Kristine K. Rubin; Kurt Wanninger; Matthew Klein ; Erney, Robert L; Roger Goings Subject: Filling Station at 146th and River Road The Carmel Technical Review Committee met today and discussed this project. It will go to the Carmel Plan Commission January 19th. 6/20/2011 December 27, 2010 Mike Hollibaugh, Director Department of Community Services One Civic Square Carmel IN 46032 Dear Mike: Wc sL e1d <.iirk'ana f&I " O d Town Charm, New City SLyle' ANDY COOK JOHN DIPPtL STEVE HOOVER 1:20BEDT L. IIORKAY KEN KLNCI'IILL QOB?Q:r J. &imi TOM &' nI P05 MOOS CINDY J. COSMIWD The City of Westfield is writing this letter in opposition of the proposed Gas Station at the southwest corner of 146th street and River Road within the Legacy development. The proposed project falls within the City of Carmel's and the Indianapolis Water company's wellhead protection zones and is close to the City of Westfield's wellhead protection zone. The soils on the site are very porous and one of the soils, Fox Loam FnB2 can have sand and gravel within 36 inches of the surface which will allow fuel spills or tank leaks to enter the aquifer quickly and easily. We believe all ground water aquifers should be protected and the land use on this site has too high a potential to contaminate ground water and should not be approved. If you have any questions please feel free to contact me. Sincerely, J ndrew Cook Mayor Cc: Mayor Brainard, City of Carmel Mayor Ditslear, City of Noblesville Mayor Ballard, City of Indianapolis Rick Sharp, President Carmel City Council Tom Smith, President Westfield City Council Aaron Johnson, Citizens Energy Group Matt Klein, Indianapolis Water Company 130 Fenn S&.reet • 1'r$f1e1d, IN 46074 • (317) 804 -3000 • Pax (317) 804 -3010 • Websil,e: www:westfield.in.F;ov G ) P° � 1.4 January 10, 2011 h.^ J(enton C. `Ward, GTX Surveyor of ,Namiiton County (Phone (317) 7764495 Tax (317) 776-9623 City of Cannel Plan Commission Department of Community Services ATTN: Mike Hollibaugh One .Civic Square Carmel, IN 46032 RE: Legacy PUD — Turkey Hill Minit Market Dear Mr. Hollibaugh: Suite 188 One .7lamilton County Square Noblesville, Indiana 4606o -223o I am writing regarding the proposed Turkey Hill Minit Market Gas Station within the Legacy Development at the southwest corner of 146th and River Road. This proposed gas station, with underground storage tanks, falls in the 1 year time of travel of the City of Carmel wellheads, the 1 year time of travel of an Indianapolis Department of Water Works wellhead, and falls in 3 different 3,000 foot buffer zones for 3 public water supply wells for Graylan Place and Hamilton Estates trailer parks. In addition to being proposed in an area with very porous soils, underlain by sand and gravel, the area also has a very high seasonable ground water elevation. In research completed by my staff, based on information from the United States Geological Survey Monitoring Well just west of this site, the highest ground water elevation on record for that area is approximately 746.35 feet above MSL. This means the ground water elevation may be only 10 to 12 feet below the surface at the proposed gas station and the underground storage tanks may, at certain times, be in direct contact with the seasonally high ground water elevation. While I know that Indiana Department of Environmental Management made a recent change to allow underground storage tanks with certain standards in wellhead protection areas, I do not believe the rule change contemplated situations like the case presented with this project. Also, please consider the very real possibility of contamination due to surface spills. The spill from an unattended hose by someone filling a vehicle could enter the aquifer quickly. Much worse would be a spill from a tanker truck filling the underground storage tanks. This proposed project has the potential to contaminate a valuable resource in Hamilton County and could taint a water supply that serves people well beyond the constituents of the City of Carmel. Please consider the possible environmental liabilities this proposed proj ect creates by allowing this land use in the wellhead protection area at the proposed location. Because of these concerns, I recommend against the approval of this project. Should you have any questions, I can be reached at 317 -776 -8495. Sincerely K-nton C. . d, CFM Hamilton ' ounty Surveyor KCW /grh CC: Hamilton County Drainage Board Hamilton County Commissioners Mayor Coolc — City of Westfield Kurt Wanninger — Westfield Department of Public Works Matt Klein - Indianapolis Water Company Tom Edens Enterprises LLC — Graylan Place Lawrence Weeks — Hamilton Estates Indianapolis WATER Serving Central Indiana January 14, 2011 Mike Hollibaugh City of Carmel Plan Commission Department of Community Services One Civic Square Carmel, Indiana 46032 RE: Opposition to Proposed Convenience Store with Gas Station Legacy Project (Southwest Corner of 146th and Olio Road) Department of Waterworks of the City of Indianapolis ( "DOW ") Dear Mr. Hollibaugh: The Department of Waterworks of the City of Indianapolis (DOW) is the largest drinking water utility within Indiana and serves more than 1 million people within Central Indiana. DOW is providing this letter to confirm its opposition to the proposed Turkey Hill Minit Market gas station within the Legacy Project, to be located in a wellhead protection area at the southwest corner of 146[11 and River Road (the "Gas Station "). Please refer to the attached letter from the. Indiana Department of Environmental Management. The proposed Gas Station and its associated petroleum underground storage tanks would be located within the one (1) year time -of -travel to a DOW wellhead protection area and to the City of Carmel wellhead protection area. Further, :DOW contends that the likely storage and dispensing of large quantities of petroleum at this location will create a substantial risk of ground water and other environmental contamination, particularly given the high ground water elevation and porous soils. Ground water contamination could likely materially and adversely impact DOW's drinking water supply, treatment, and distribution capabilities. DOW has reviewed correspondence directed to the City of Carmel from both the City of Westfield (dated December 27, 2010) and the Hamilton County Surveyor's Office (dated January 11, 2011) opposing the Gas Station, and joins in opposition to the Gas Station for the reasons stated therein. Based upon these concerns, DOW believes that the construction and operation of the Gas Station at this location poses an unreasonable risk of ground water contamination and threat to DOW's drinking water system. As a result, DOW .recommends against approval. Please contact me at (317) 263 -6567 or, via e- mail, at mtki<r7,indy.eov, if you have any questions. Sincerely, Matthew Klein, Executive. Director Department of Waterworks City of Indianapolis Department of Waterworks 1220 Waterway Boulevard Indianapolis, Indiana 46202 www. indianapoliswater. com Mike Hollibaugh January 14, 2011 Page 2 cc: Mayor James Brainard, City of Carmel Mayor John Ditslear, City of Noblesville Mayor Gregory Ballard, City of Indianapolis Mayor Andrew Cook, City of Westfield UDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. Mitchell E. Daniels Jr. 100 North Senate Avenue Governor Indianapolis, Indiana 46204 (317) 232 -8603 Thomas W. Easterly Toll Free (800) 451 -6027 Commissioner www.idem.IN.gov Andy Bowman Bingham McHale LLP 10 West Market Street, Suite 2700 Indianapolis, Indiana 46204 January 11, 2011 RE: Wellhead Protection Area Proximity Determination 7729 East 146th Street, Carmel, Indiana, Hamilton County Upon review of the above referenced site, it has been determined that the site is located within a Wellhead Protection Area. This information is accurate to the best of our knowledge. However, there are in some cases, a few factors that could impact the accuracy of this determination. For example, some Wellhead Protection Area Delineations have not been submitted or may not have been approved by this office. In these cases, we use a 3,000 foot fixed radius buffer to make the proximity determination. To find the status of a Public Water Supply System's Wellhead Protection Area Delineation, please visit our tracking database at http : / /www.in.gov /idem/4289.htm. If you have any additional questions, please feel free to contact me at the address above or at (317) 234 -7476. JS:grnl Sincerely, ames Sullivan, Chief Ground Water Section, Drinking Water Branch Office of Water Quality Recycled Paper ® An Equal Opportunity Employer Please Recycle Ci OFFICE OF THE MAYOR CITY OF OBLESVILLE JOHN DITSLEAR, MAYOR January 21, 2011 Mr. Mike Hollibaugh, Director Department of Community Services One Civic Square Carmel, IN 46032 RE: Opposition to Proposed Convenience Store with Gas Station Legacy Project located at the Southwest Corner of 146th and River Road Dear Mr. Hollibaugh: As Mayor of the City of Noblesville I am writing to you to express the city's opposition to the above mentioned proposed Gas Station within the Legacy development. According to a letter from the Indiana Department of Environmental Management dated January 11th, 2011 the proposed gas station site is located within a Wellhead Protection Area. The protection of ground water aquifers and land use by our close neighbors is of the utmost importance to the City of Noblesville and its citizens. Because of the high potential of contamination of ground water and other environmental contamination I ask you to deny this project. Thank you for your consideration in this very important matter of protecting our areas water sources and environment. cerely, itslear, Mayor Noblesville Ci cc: Mayor Brainard, City of Cannel Mayor Ballard, City of Indianapolis Mayor Cook, City of Westfield vMatt Klein, Indianapolis Water Company gunflint =>ta Li annurilp 16 South /0th Street, Suite 275 Noblesville, Indiana 46060 Phone 317.7766324 • Fax 317.776.6363 HERS TOWN COUNCIL, "��Colt�p.1{icefpresident r; tchard Danuel E Henke or' e • ArkhurJ Levne; GLERK TREASURERe Lalaa Gaye Gorclell' TOWN MANAGER Gary;A Huff 21, 2011 Mr. Mike Hollibaugh, Director Department of Community Services One Civic Square Carmel, IN 46032 RE: Legacy PUD — Turkey Hill Minit Market Docket No. 10110012 The Town of Fishers is writing in opposition to the proposed Gas Station at the SW corner of 146th Street & River Road. The proposal is the Turkey Hill Minit Market that is part of the Legacy PUD. The proposed project falls within or near the wellhead protection zones of Indianapolis Water, City of Westfield and the City of Carmel. The Town of Fishers is a customer of Indianapolis Water, which is the reason for our interest. We have no comment on the development. We are only opposed to this specific use within the wellhead protection zone. We believe each community should govern development within their boundaries; however, we urge caution for this specific use in this specific location. This is because wellhead protection zones are too important for all communities involved. Please forward this letter on to Council and Plan Commission members as this project is heard. Please also call should you have any questions. Sincerel v Scott A Faultless President, Fishers Town Council Cc: Mayor Brainard, City of Carmel Mayor Ditslear, City of Noblesville Mayor Cook, City of Westfield Mayor Ballard, City of Indianapolis Matt Klein, Indianapolis Water Aaron Johnson, Citizens Energy Company Town of Fishers, Indiana One Municipal Drive, Fishers, IN 46038 Telephone: 317.595.3111 • Facsimile: 317.595.3110 • Web: www.fishers.in.us June 15, 2011 City of Carmel Plan Commission Department of Community Services One Civic Square Carmel, Indiana 46032 ATTN: Mike Hollibaugh Indianapolis WATER Serving. Central Indiana RE: Department of Waterworks of the City of Indianapolis ("DOW") Legacy Project (Southwest Corner of 146th and River Road) Opposition to Proposed Convenience Store with Gas Station Docket No. 10110012 DP /ADLS (Legacy PUD / Turkey Hill Minit Market) Dear Mr. Hollibaugh: DOW is providing this letter to re- affirm its opposition to the Turkey Hill Minit Market gas station, convenience store and carwash proposed to be located within the .Legacy .project (collectively, the "Gas Station "), as previously stated in DOW's letter to the Cannel Plan Commission dated January 14, 2011. .. Plan Commission Authority DOW believes that the Cannel PIan Commission has express authority under the Carmel Zoning Ordinance (the "Ordinance ") to deny the development plan submitted for the Gas Station (based upon both general and specific provisions of the Ordinance), and respectfully requests that the Carmel Plan Commission exercise its authority under Chapter 24 of the Ordinance and deny the Development Plan associated with Docket No. 10110012 DP /ADLS: Legacy PUD — Turkey Hill Minit Market, at 7729 East 146`h Street (the "Development. Plan "). The Carmel Zoning Ordinance (24.02) requires the Commission to review Development Plans: for: • compatibility with the surrounding land uses • consistency with the policies as set forth in the Comprehensive Plan • compatibility with existing land use, and • coordination with off -site utilities Department of Waterworks 1220 Waterway Boulevard Indianapolis, Indiana 46202 www: indianapoltswat er. corn Department of Waterworks, City of Indianapolis ("DOW") Legacy PUD (Turkey Hill Minit Market) Docket No.: 10110012 DP /ADLS June 15, 2011 Page 2 of Additionally, the Carmel Zoning Ordinance (24.99, Section 7.a.) requires the Commission to consider whether the Development Plan: • creates and maintains land use compatibility with adjacent uses • allocates adequate sites for all uses proposed • reflects proposed uses which are located logically as related to existing conditions, and • reflects proposed uses consistent with the Comprehensive Plan The authority to deny a use, or a use component, within a Development Plan is expressly provided for in the Carmel Zoning Ordinance under specific circumstances related to compatibility, logical location, existing conditions, and consistency with the Comprehensive Plan. The East Carmel Characteristics, Preface section, of the Carmel Comprehensive Plan, provides as follows: "The White River aquifer in East Cannel has provided the community with an abundance of high quality water resources which has been effectively tapped by Carmel's water utility to serve the public need. Much of East Carmel falls within the aquifer and wellhead protection areas, designed to ensure the safety and quality of this public resource. Public and private decision making must give due consideration to this important resource." White River Aquifer Service Area The White River aquifer has been tapped to provide drinking water to a vast service area, with several million gallons of water per day being pumped by public wellheads to serve residents and businesses in the City of Carmel, as well as residents and businesses served by other municipalities and public water utilities in the Town of Fishers, the Town of Westfield, the City of Noblesville and the City of Indianapolis. The Environmental Conditions section (Part 1: Community Profile) of the Carmel Comprehensive Plan, provides as follows: "Groundwater: Groundwater is a significantly important feature in Carmel as the water supply system for residents comes from this source. The groundwater sources are found in the sand and gravel aquifer system of the West Fork of the White River valley. Groundwater is available at depths of 50 to 400 feet in the glacial drift with wells yielding several hundred gallons per minute. The City of Carmel has designated areas around these wells as `wellhead protection areas" to help protect the quality of the available drinking water." Department of Waterworks, City of Indianapolis ('DOW") Legacy PUD (turkey Hill Minit Market) Docket No.: 10110012 DP /ADLS June I5, 2011 Page 3 of4 Risks Associated With Proposed Location of Gas Station DOW has attached to this Ietter a report prepared by Keramida Inc., an environmental services company, dated June 14, 2011 (tit "Report "), detailing recent information relating to fueling operations (similar to those which would occur at the proposed Gas Station) with respect to fuel spills, leaks and related contamination, along with information regarding specific risks posed by a fueling operation at the proposed Legacy site. As the Report notes, even fueling stations meeting U.S. EPA and IDEM requirements pose a risk of undetected leaks of enough fuel to adversely impact an aquifer. The Report concludes that risks related to undetected leaks, vapor releases, fuel spills and flooding, and the potential resulting contamination of the aquifer, make this location inappropriate for the proposed Gas Station. Given the location of the proposed Gas Station over the White River aquifer, its location within the one year time of travel for existing wellheads utilizing the aquifer for public drinking water, and the large number of people and businesses dependent upon public drinking water supplied by the aquifer, the risk of groundwater contamination resulting from operation of the Gas Station far outweighs any public or private benefit that might be derived from the presence of the Gas Station. Other Perniltted Uses of Corner Use Block DOW notes that the Legacy PUD (specifically the portion relating to The Corner Use Block) permits a variety of uses at this location other than a Gas Station (see attached Legacy PUD / Corner Use Block information), and that most of those uses do not create a risk of contaminating the public drinking water supply. While the remainder of the Legacy project may no longer be under coordinated development with The Corner Use Block, there are more than fifty (50) other permanent permitted uses for this location which would be more appropriate than a fueling station, many of which would be consistent with the proposed and/or likely uses of the remainder of Legacy. Conclusion We therefore ask the Carmel Plan Commission to consider the following factors: • The PIan Commission's authority under the Carmel Zoning Ordinance • The unambiguous direction provided by the Comprehensive Plan • The evidence of potential danger to public welfare and other potential risks associated with a fueling facility at this location, and • The recognition that a fueling station located over the White River aquifer, a vital and major source of public drinking water and in such close proximity to several public drinking water wellheads is, quite simply, a misguided development effort that can and should be prevented Department of Waterworks, City of Indianapolis ( "DOW ") Legacy PUD (Turkey 1-1111 Minit Market) Docket No.: 10110012 DP /ADLS June 15, 2011 Page 4 o f 4 Based upon the. foregoing, DOW believes that approval and subsequent operation of a fueling station at this location poses an unreasonable risk of groundwater contamination, recommends against approval, and respectfully requests that the Plan Commission deny the Development. Plan associated with Docket No. 10110012 DP /ADLS. Thank you. Sincerely, Matthew Klein, Executive Director Department of Waterworks City of Indianapolis Attachment: Keramida Report dated June 14, 2011 Legacy PUD (Comer Use Block / Permitted Use Table) KERAMIDA _Am Global EHS & Sustainability Services June 14, 2011 Mr. Andy Bowman Bingham McHale 10 West Market Street Suite 2700 Indianapolis, IN 46204 401 North College Avenue Indianapolis, Indiana 46202 (317) 685 -6600 • Fax (317) 685 -6610 1- 800 - 508 -8034 keramida@akeramida.com • www.keramida.com Re: Turkey Hill Minit Markets Gas Station Store #604 at Legacy Corner 7729 East 146th Street & River Road Carmel, Indiana KERAMIDA Project No. 14271 Dear Mr. Bowman: Pursuant to your recent request, KERAMIDA Inc. (KERAMIDA) has reviewed the publically available information regarding the potential construction of a new retail gasoline station on the southwest corner of East 146th Street and River Road in Carmel, Indiana. More specifically, the proposed station is identified as Turkey Hill Minit Markets Gas Station Store 4604 at Legacy Corner, 7729 East 146th Street, Carmel, Indiana, 46033 (Site). In addition to the publically available information regarding the proposed Site, KERAMIDA reviewed documents pertaining to the location of public supply wells in the vicinity of the Site. The proposed development of the Site includes construction of a retail gasoline station/convenience store equipped with underground storage tanks (UST), dispensers and associated subsurface piping. The proposed development also includes construction of a car wash, paved areas, landscaping, subsurface utilities and associated stormwater controls. BACKGROUND Potential Contaminant Sources — Potential sources of contaminants resulting from the operations of the'proposed gas station consist of the following primary areas of concern: • Underground Storage. Tanks (USTs) and associated piping. • Surface releases associated with: o Fuel dispensing operations including spills, overfills and incidental drips and spills over an extended period of time. o Filling operation during bulk fuel deliveries including tanker. failure, spills, overfills and incidental drips and spills over an extended period of time. • Releases of contaminated water from car wash operations to surface water and groundwater. INCREASING OUR CLIENTS' PROFITABILITY THROUGH SMART CONSULTING MI ENGINEERS • GEOLOGISTS • SCIENTISTS • SAFETY PROFESSIONALS • .INDUSTRIAL HYGIENISTS • TOXICOLOGISTS • MODEL.ING'EXPERTS INDIANAPOLIS, IN • CINCINNATI, 011 • CHARLESTON, SC • SACRAMENTO, CA • ATIICNS, GREECE • ABU DHABI, U.A,IE. Turkey Hill Minit Markets Gas Station Store #604 at Legacy Corner Page 2 Wellhead Protection Areas - Based upon the available information, the Site is located within the sand and gravel outwash unit of the White River Valley of Central Indiana. This sand and gravel outwash aquifer is the principal supply of drinking water to thousands of people in the nearby metropolitan areas (Carmel, Fishers, Indianapolis, Noblesville and Westfield), as evidenced by the numerous public water supply wells located within this unit in an area generally described as extending south from SR32 to 96th Street and east from Keystone Avenue to Allisonville Road. The area with the greatest continuous thicknesses of the aquifer is located between 126th and 146` street parallel to, and west of the White River. The sand and gravel outwash unit consists of well sorted, coarse grained material. Overlying the outwash deposits in most areas is a thin (3 -5' thick) layer of organics and topsoil. Of particular significance is the fact that the Site is located within the one -year time of travel boundary of the wellhead protection zone for both the City of Carmel and Indianapolis Department of Water Works wellheads. In addition, the Site is located in close proximity to the wellhead protection zone for the City of Westfield, and is located within the buffer zones for three additional public water supply wells. Development of a "greenfield" (historically undeveloped) property for a retail gasoline service station or other similar facility is generally inconsistent with allowable property use(s) within a designated wellhead protection area and in fact, is prohibited by many municipal wellhead protection plans, including those of nearby communities (e.g., Indianapolis/Marion County, Westfield). The following local agencies have submitted letters to the City of Carmel Plan Commission expressing concern regarding the proposed service station at the site: • Hamilton County Emergency Management Agency • Hamilton County Surveyor's Office • City of Indianapolis — Department of Waterworks • City of Westfield • City of Noblesville • Town of Fishers POTENTIAL AREAS OF CONCERN RELATING TO A GASOLINE SERVICE STATION AT THE SITE As summarized previously, there are a number of areas of concern relating to operation of a gasoline service station at the Site. These issues are discussed in detail below: • Operation of a UST system —while federal and state regulations promulgated since 1986 have significantly reduced the potential for releases from UST systems, the occurrence of releases has not been completely eliminated. According to the U.S. Environmental Protection Agency (USEPA), there were more than 6,300 confirmed releases of petroleum hydrocarbons from UST systems nationwide in fiscal year 2010, which works out to a little more than 17 per day. ',Even minor releases (on the order of three gallons, according to the Indiana Department of Environmental Management [IDEM] and other regulatory agencies) of gasoline have the potential to adversely impact potable wells, including municipal wells. This is due primarily to the fact that gasoline contains benzene, a known human carcinogen with a federal drinking water standard of just 5 Turkey Hill Minit Markets Gas Station Store #604 at Legacy Corner Page 3 parts per billion (ppb). Gasoline contains up to 2% benzene by volume, so a gallon of gasoline may contain up to 20,000,000 ppb of benzene. Benzene is also more highly soluble than other gasoline constituents and thus can more readily impact a larger portion of an aquifer. Although the proposed UST system will reportedly include double - walled tanks and piping with interstitial monitoring, this does not completely eliminate the potential for releases. According to the IDEM (329 IAC 9- 7- 4[8]), interstitial monitoring systems for USTs are only required to detect a release of up to 0.2 gallons per hour or a release of 150 gallons within a month. In addition, these systems are only required to have a probability of detection of 0.95, meaning they must detect releases meeting the above criteria in 95 out of 100 cases. Interstitial monitoring systems for UST system piping (also known as automatic leak detectors) must be able to detect a 0.1 gallon per hour release. Consequently, for example, a release of just under 0.1 gallons per hour (approximately 2 gallons per day) would go undetected by an interstitial monitoring system. Interstitial monitoring systems also do not detect vapor releases, which are a very common source of groundwater impacts at service stations. • Surface releases — another concern with respect to USTs and groundwater contamination are vapor releases and small spills of fuel that routinely occur when fuel is dispensed to vehicles. Vapor releases are not detectable by conventional leak detection systems but can result in groundwater impacts as vapors adsorb to soils and gradually desorb into underlying groundwater as a result of seasonal water table fluctuations and/or infiltration of surface water. Spills, overfills, and drips over an extended period of time in the same general area (fuel dispensers) can also eventually impact shallow groundwater by seeping through joints, cracks, or other defects in the pavement. Similarly, minor spills and drips during bulk fuel deliveries from tanker trucks can also result in groundwater impacts over an extended time period. According to the Analysis of U.S Oil Spillage (API Publication 356, August 2009), spills from tanker trucks increased 76% during the period from 1998- 2007, compared to the previous decade. In addition, surface water flowing across the site can also pick up hydrocarbons when passing through the fueling areas. While stormwater separator systems may be able to capture free -phase product if properly designed, they do not typically address dissolved- phase impacted water that may result from sheet flow, and this water can then impact shallow groundwater and/or surface water (such as the nearby White River in the case of the Site). Although uncommon, the potential for larger surface spills is also present at any active gasoline service station. The API report referenced above indicated an average annual spillage of 814 barrels (approximately 35,000 gallons) of oil at service stations and truck stops from 1998 -2007, a decrease from the previous decade but a significant number nevertheless. A catastrophic failure of a tanker truck, while a remote possibility could occur, or more commonly an automobile could drive off with a fueling hose still attached to the gas tank, resulting in a surface spill. Finally, a collision involving an automobile and a fuel dispenser could result in a surface spill. All of these possibilities would adversely affect the groundwater below the Site if the spilled material penetrated the pavement and/or flowed off the pavement into an unpaved area. Turkey Hill Minit Markets Gas Station Store #604 at Legacy Corner Page 4 • Car wash operations — the proposed service station at the Site includes a car wash, which is another potential source for impacts to shallow groundwater. Oil, grease, anti- freeze, and other such materials removed from the vehicles during the washing process can impact shallow groundwater by migrating into the subsurface through joints or cracks in the pavement. In addition, these materials can also impact surface water if the water treatment system for the car wash leaks, fails, or is improperly designed and/or installed. • Flood plain issues — although the Site is not currently located within the 100 -year floodplain of the White River, it is in close proximity to and virtually surrounded by floodplain areas (National Flood Insurance Program, Flood Insurance Rate Map, Hamilton County, Indiana, Panel 235 of 290, Map Number 18057CO235F). Further development in the area could potentially alter the surface flow characteristics, resulting in complete or partial flooding of the Site during a major storm event or other period of high water in the nearby White River (e.g., spring flooding). In summary it is our opinion that this is not a good location for the construction of a service station. Should you have any questions regarding this correspondence, please contact us at 685- 6600. Sincerely, KERAMIDA Inc. Douglas :. Zabonic President