The city will now perform a third round of soil tests on the residential section of the stalled Aspen Place at the Sawmill development:
A ribbon flutters in the breeze on the top of a marker at a test site in the
Aspen Place development Monday afternoon. Toxic chemicals have been
found in the soil of the Southside commercial-residential development.
(photo: Jake Bacon)
Soil tests inconclusive
by JOE FERGUSON
Arizona Daily Sun
November 16, 2010
A second round of soil testing on the city-owned southern half of a major housing subdivision off Lone Tree Road has left Flagstaff officials with more questions than answers. Initial soil testing, made public by the city of Flagstaff roughly two weeks ago, found chemical contamination in several places on the roughly 20 acres containing hundreds of ready-to-build lots at Aspen Place at The Sawmill. A second round of soil testing using the same test holes found only slight traces of contamination, said City Manager Kevin Burke. The second test used a different laboratory operated by another company than the first soil testing.
With two sets of seemingly conflicting data, the city is now set to do yet another set of soil testing. Burke said the city will go back to the drawing board on the third set of tests with a new engineering firm. "We are going to start from scratch and drill new holes and then we will take two samples out and send them to two different labs to see if we get the same results," Burke said. "Obviously, we need to do a third round of testing to find out which test is right." The first soil-vapor test, Burke said, found 18 different substances in the soil, with two that were "outside of parameters." The second test found 17 different substances and only one that was in dangerous amounts.
Both labs stand by their work, the city manager said. Burke wouldn't identify the substance but suggested the risk from contamination could be greatly mitigated if the area was covered by concrete slabs. The city has refused to make public the actual results from the first test, despite a formal request by the Arizona Daily Sun 11 days ago. It also refused to release the actual data from the second test. An ambient air test on the site, also performed last week, was "clean," Burke said. The results from the third test are expected in about two weeks.
STORAGE TANKS REMOVED
There have been at least two separate environmental clean-ups on the site in the last two decades. Former owner Stone Forest Industries was given nearly $500,000 by the state in the mid-1990s to remove underground fuel storage tanks and clean up any material that may have leaked out, said Mark Shaffer, the communications director for the Arizona Department of Environmental Quality. A second clean-up was done by the previous owner, Valley-based The Aspen Group, on a voluntary basis. The developer removed truckloads of supposedly contaminated top soil prior to putting in roads and water lines. Shaffer said ADEQ had no formal role in the clean-up and the developer is not listed in any mandatory or voluntary program.
NO CLEAN-UP REQUIRED
The city also did not require any type of clean-up for the site in its development agreement with the Aspen Group, said Burke. "We were not in a regulatory position except in land use," he said, adding the federal EPA also was not involved. The city reviewed various construction reports listing soil tests after the clean-up was finished prior to committing millions in bond money tied to a improvement district. "We reviewed the reports given to us by the developer," he said. The founder and CEO of The Aspen Group, Donald Meyers, did not return calls on Monday seeking comment. The city took control of the southern half of the project earlier this year after the Phoenix-based developer was unable to find a new round of investors as called for in an agreement with the city.
Aspen Place at The Sawmill timeline
JULY 1996 Owner of closed lumber mill removes underground fuel containers from the site.
1997 Several car dealers, led by LaVelle McCoy, attempt to develop the site to be used as an auto mall.
2004 Valley-based The Aspen Group purchases the 38-acre site and submits plans to build a mixed-use development to the city called Aspen Place at The Sawmill.
MARCH 2007 Flagstaff City Council approves the creation of an improvement district at the site, authorizing $19 million in city-backed bonds for streets and other improvements. Rents, sale of lots expected to pay off bonds. Council also agrees to spilt new sales tax revenue between the developer and the city.
JUNE 2007 Aspen Group breaks ground on the development
MAY 2008 New Frontiers Natural Marketplace opens inside the development
MAY 2009 Pita Jungle opens inside the development
DEC. 2009 Aspen Group misses bond payment, city uses pledged letter of credit from Aspen Group to make $1 million bond payment
JAN. 2010 Wildflower Bread opens inside the development
MAY 2010 Aspen Group defaults on southern half of project, city assumes control
JUNE 2010 City uses remaining funds from letter of credit to make $465,000 bond payment.
AUG 2010 Council opts to sell off southern half of the project to make $8 million in bond payments
OCT. 2010 RED Development buys the northern half of the project except for New Frontiers, which was sold to a third party earlier in the year. New developers responsible for making bond payments on northern half of the project.
NOV. 2010 Soil contamination stalls planned sale of residential lots in "Sawmill South"