Fenton Council Refers Orchard Hills Arsenic Issue to Brownfield Authority for Recommendation

It's going to cost Fenton more than the $63,000 originally discussed to address arsenic issues in the soil in two areas of Orchard Hills subdivision. Depending on which of two options city council could select, it might be an estimated $181,000 to cap the contaminated soil with clay or $176,000 to consolidate it into one area and then cap it, said attorney Charles Barbieri, from Foster Swift Collins & Smith.

If the city cannot afford either option, he recommends fencing off the contaminated areas and placing signs to discourage people from going there, Barbieri said.

Fenton obtained undeveloped property in Orchard Hills from the Genesee County Land Bank, which had possession of it due to unpaid taxes. There are two areas of the subdivision that have elevated levels of arsenic in the soil, due to pesticides used around 80 years ago.

At the time they acquired the property, city officials said they believe they have a responsibility to address the arsenic issues and exert some control over how the property is developed.

Council's concensus, at Monday's worksession, was to have the city's Brownfield Redevelopment Authority, which Councilman Tim Faricy chairs, create a plan for the action it recommends. The recommendation will then go to city council for its decision.

Fenton can use money from its general fund and be reimbursed when private development takes place, Barbieri said. Another possibility is pursuing a grant or a loan from the Michigan Department of Environmental Quality. This loan would be at a low, 2 percent interest rate, approximately 1 percent below the active market.

After addressing the arsenic issues, the city plans to eventually sell the property it owns at Orchard Hills to a developer.

Councilman John Rauch, who served on the Board of Review for eight years, has seen market conditions rise and fall. Either way the city decides to address the arsenic, the conditions today to sell the property are not good.

There are around 150 lots that could be developed, Mayor Sue Osborn said. The estimated value of the property depends on when Fenton places it on the market. In five years, each lot might be worth $15,000 to $20,000 — maybe more, if sewer, water and pavement is installed.

"It's a beautiful area," Osborn said. "I think it's one of the jewels of the city."

Her children grew up there.

On the option of fencing the two contaminated areas and placing signs, "I wouldn't want the fences around my house," she said.

Faricy said he doesn't believe there's any danger of the city losing money by capping the arsenic. His concern is when the city would have to pay for it.

For either of the capping options, the arsenic-contaminated soil would be covered with 6 inches of clean soil, Barbieri said. Arsenic is concentrated in the top 12 to 18 inches of the contaminated areas. Below that, it thins out and doesn't reach levels where it would affect groundwater.

Moving the contaminated soil to one place, and capping it, would take less space — two lots instead of a minimum 20-25 — that could be developed, he said. Consolidating the arsenic-contaminated soil would result in an area that could be 15 feet tall.

Clay that has tested clean, being built on Silver Parkway, would provide some of the soil for capping. More would be needed, possibly from other projects taking place in the summer or fall, Barbieri said.

Councilwoman Dianne North asked about moving the soil and stirring up the arsenic.

Barbieri said workers would take steps to keep dust from escaping. They might water the soil or move it on certain days, for example.

North asked about the effects arsenic has on someone.

Direct contact is an issue that could pertain to the two areas of Orchard Hills, he said. Direct contact with the contamination could produce irritation, he said. Other issues would be from ingesting enough of it, if it was reached groundwater, for example. In Orchard Hills, the contamination has stayed consistent and the likelihood of it moving to groundwater is not large.

An Orchard Hills resident mentioned oak trees on a hill that are old-growth forest. Osborn said she believes these would be protected by city ordinance. Possibly, in those areas, the city could cap the soil instead of moving it and damaging these trees.