Agenda - 05-17-2011- 5n - Laserfiche WebLink

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1 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 17, 2011 Action Agenda Item No. J - n SUBJECT: Fox Hill Farm Central -Amendment to the Resolution of Approval DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) ATTACHMENTS: INFORMATION CONTACT: 1. Revision to 2001 Resolution of Approval and Craig Benedict, Planning Director, 245- Proposed Revision of Lot 167 Fox Hill Farm 2592 Central - Phase 4 Glenn Bowles, Planner II, 245-2577 2. March 21, 2011 Letter from Fox Hill Farm, LLC PURPOSE: To consider a revision to the Resolution of Approval dated December 11, 2001 for the Fox Hill Farm Central Preliminary Plat to address on-site environmental remediation issues. BACKGROUND: Fox Hill Farm Central was approved on December 11, 2001 and was to be recorded in phases as per the Resolution of Approval. Section F.4 of the December 11, 2001 Resolution of the Orange County Board of County Commissioners for the Fox Hill Farms Central Preliminary Plat states that: "The open space shall be conveyed into the Homeowner's Association as each phase of the subdivision is recorded. " Now as the time for recording of Phase 4 of the subdivision nears, the applicant has informed the Planning Department of an environmental situation that will affect Section F.4 of the Resolution of Approval. Specifically, at some time prior to the creation of the subdivision, underground storage tanks containing motor fuel leaked into the surrounding soil. Some of the contaminants have leached into the bedrock aquifer from which surrounding residences obtain their drinking water. The location of the contamination is within the areas proposed to be dedicated as open space for Phase 4. The owner, following proper procedures, contracted with outside consultants to have the tanks, as part of a Corrective Action Plan, and on-site soil removed. An incident report was filed with the Raleigh Regional Office of the North Carolina Department of Environment and Natural Resources - Groundwater Section. A closure report site assessment was also filed. Several monitoring wells have been installed up and down gradient of the site as well as six sparging wells. A recent test of the soils in and around the site showed that no contaminants remain in the soil, but some have migrated into the bedrock groundwater. The owners are committed to cleaning up the spill in a proper manner and wish to continue to monitor the groundwater until the contaminants are no longer detectable or meet State Safe Drinking Water Standards.