HomeMy WebLinkAbout12-15-25 Public Comment - M. Campanelli - A proper future for the L Street AnnexationFrom:Mark Campanelli
To:Bozeman Public Comment
Subject:[EXTERNAL]A proper future for the L Street Annexation
Date:Saturday, December 13, 2025 3:33:05 PM
Attachments:idahopolecomments-final-gcchd-glwqdaug282019.pdf
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Greetings Commissioners,
I write concerning the proposed annexation of the L Street Annexation to be zoned as R-3. Ioppose annexation of this property at this zoning designation, which is not appropriate for
many reasons, the most important of which I highlight below. I would supportnegotiations with the owner, in discussion with the surrounding (Gallatin County) neighbors
and interested community organizations, to zone the land as public land and institutions (PLI)for future inclusion as in the adjacent Story Mill Park as an historical site that should pass on
important lessons about environmental stewardship to current and future generations.
1. This site is part of the former Idaho Pole Company EPA-designated superfund site,
with heavily contamination including creosote, pentachlorophenol with ahydrocarbon-based carrier oil (akin to diesel fuel), and, perhaps most concerningly,
dioxin (see https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.Cleanup&id=0800379 and https://glwqd.org/contaminated-
sites/ for background). When this superfund site was delisted, a letter was sent to theEPA, signed by both the Gallatin City-County Board of Health and the Gallatin
County Local Water Quality District Board, that presented clear evidence that"inadequate soil sampling", especially on the northern reach of the site, meant that the
site had NOT been proven to be suitable for future development. I strongly encourageyou to fully read that letter, which is attached and was downloaded
from https://glwqd.org/wp-content/uploads/2020/02/idahopolecomments-final-gcchd-glwqdaug282019.pdf. Thus, I firmly do not think that this site is suitable for housing,
even of the "affordable" type as was suggested by the owner's representative at theCommunity Development Board meeting on 1 December 2025. It would be very
prudent for the City to avoid future controversy and liability when it comes time todisturb these soils during future utility installation and residential development.
Indeed, here is but one key quote from that letter concerning future development ofthe site: "Redevelopment as we understand it would require excavation for building
foundations, water lines, sewer mains and other underground utilities on the Site.Experience suggests such excavation would extend from 6 to 8 feet below ground
surface. The excavated material would be mixed and used to backfill-excavated areas.This excavation and mixing may bring contaminated materials from below the six-
inch level. Because of this, contamination in the unsaturated and even the saturatedzone in shallow groundwater areas may surface and be inhaled, ingested or otherwise
come into contact with children or adults. Once the construction is completed, thisprocess could create preferential pathways (essentially giant French drains) through
which contaminants located in the soil and groundwater could migrate and transportto off-site, down gradient locations."
2. This parcel has a very high water table and is mostly wetland with a major river andriparian area running through it. Flooding of a future dense residential area should be
of a serious concern. This makes even more questionable the running of proper city
roads and utilities to what is essentially an islanded property of ongoingenvironmental concern.
3. Lastly, has the City reached out sufficiently to the existing neighbors about thisproperty's annexation and potential high-density development? Such development
could very much negatively impact their health.
Given the above, I propose an alternative vision for this property, which is adjacent to the
popular and highly valued Story Mill Park, and which contains valuable local history aboutresponsible stewardship of our land and waterways. I propose that the City work with the
owner to negotiate a plan to incorporate the parcel into the City zoned as PLI as an eventualextension to Story Mill Park. There would be great historical and educational value for student
groups from our public schools and programs/camps run by the Montana Outdoor ScienceSchool and Bozeman Field School, who I'm sure would be interested in using this legacy
parcel as a living outdoor classroom for learning about ongoing water quality testing, landremediation, and watershed restoration.
Until we can work out a better plan with a true community vision for this distressed property,
I implore you to postpone its annexation and zoning. Instead, reach out with purpose to theowner, neighbors, and the many local organizations who I'm sure could also envision a more
healthy, environmentally responsible, and historically appropriate usage for this importantpiece of Bozeman's heritage.
Warmest regards,
Mark Campanelli
Bogert Part Neighbor
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A RES OURCE FOR HEALTHY LIVING FROM THE
GALLATIN CITY-COUNTY HEALTH DEPARTMENT
HL,MAN SERVI • 406.S82.3100, hs@gallatin.mt.gov HEALTHY E"-JV RO'\IMENTAL HEAL • 406.582.3120, ehs@gallatin.mt.gov
GALLATIN
Date: August 28, 2019
To: U.S. Environmental Protection Agency, Montana
Office; Federal Building, Suite 3200; 10
West 15th Street; Helena, MT 59626
From: Gallatin City-County Board of Health
Gallatin Local Water Quality District Board
1/1 • 406.582.3115, wic@gallatin.mt.gov
healthyga I latin.org
Subject: Public comments regarding proposed partial delisting of Idaho Pole Company
Superfund Site (Docket Id#: EPA-HQ-SFUND-1986-0005)
To Whom It May Concern:
We are writing today to comment and highlight concerns related to the proposed partial
delisting of the surface and unsaturated subsurface soils at the Idaho Pole Company Superfund
Site (Site) from the National Priorities List (Docket Id#: EPA-HQ- SFUND-1986-0005). We ask
that you consider several points in this document and accept them as public comment on the
proposed delisting.
We would also like to take this opportunity to extend our appreciation to Roger Hoogerheide
who met with members from two Gallatin County government agencies and their boards in a
public meeting on August 7, 2019. At this public meeting, Mr. Hoogerheide answered
questions, provided information and heard public comment. We are appreciative of his time
and his willingness to meet with both Boards on short notice. We also recognize that the
Environmental Protection Agency and Idaho Pole Company have taken significant steps over
the course of the last 33 years to mitigate contaminants harmful to human health and the
environment at the Idaho Pole Company Site.
The boards that oversee two government agencies -Gallatin City-County Health Department
and the Gallatin Local Water Quality District -met to gather facts, hear public comment, and
identify issues of public health concern related to the Idaho Pole Company Superfund Site.
215 W. MENDENHALL, BOZEMAN MT 59715
Page 2 of 8
These bodies have the following responsibilities, interest and expertise in the proposed
delisting:
Gallatin City-County Board of Health (GCCBOH), the lead public health authority in Gallatin
County. GCCBOH is required by Montana State Law (MCA 50-2-116) to protect the public
from disease or other issues of public health importance, through actions to ensure the
removal of contaminants that might cause disease or adversely affect public health.
The Gallatin Local Water Quality District Board (GLWQD), is a non-regulatory department
of Gallatin County government. GLWQD was created by Gallatin County Commission
Resolution No. 1995-55 to protect, preserve, and improve the quality of surface water and
groundwater in the District.
This correspondence summarizes facts gathered during the August 7, 2019 meeting and from
the many years of communication regarding the cleanup on the Site, along with concerns
expressed over the years by the boards to the US Environmental Protection Agency (EPA), the
Montana Department of Environmental Quality (MDEQ), and the Idaho Pole Company. The
boards sought to connect the comments to specific criteria identified by EPA as requirements
for the deletion of "the surface and unsaturated subsurface soils of the Idaho Pole Company
Superfund Site (Site) outside of the 4.5 acre Treated Soils Area, from the National Priorities
List". The criteria identified by EPA fall into three categories:
1.The remedial investigation has shown that the release poses no significant threat to
public health or the environment and, therefore, taking of remedial measures is not
appropriate.
2.Responsible parties or other persons have implemented all appropriate response
actions required; or
3.All appropriate Fund-financed response under CERCLA has been implemented, and no
further response action by responsible parties is appropriate.
The comments below reflect concerns expressed by members of these boards.
Comments:
1.Per 40 CFR 300.425{e), GCCBOH and GLWQD believe that further Superfund responses
are needed to protect human health and the environment at the Site for the following reasons:
a.Inadequate soil testing. Soil testing performed at the Site in advance of
the proposed delisting included five-point composite samples in only four (4)
locations from surface soils at a depth of 0-6 inches (Page 2, paragraphs 2 and 3
in the June 2018 Idaho Pole Surface Soil Sampling Report). Sampling results are
particularly scant or non-existent in areas of the Site north of Interstate 90
where the record indicates that surface contamination occurred where
contaminated groundwater was at least seasonally near or at the
215 W. MENDENHALL, BOZEMAN MT 59715
Page 3 of 8
surface. Specifically, in the Federal Register, Vol. 84 No 139, Page 34842, column
2, paragraph 2, line 8 states, "Contaminated surface soils were identified ... in the
Pasture Area." according to the Remedial Investigation and Feasibility Study.
Soils from this area were excavated and treated in the land treatment unit
(LTU). [It is assumed that] soil sampling in 2018 was conducted to confirm that
the cover soil in areas where contaminated soils were excavated do not contain
dioxin above the ROD cleanup level. No surface or subsurface soil samples were
collected from the Pasture Area for testing during the 2018 soil-sampling event.
Board members also noted that well 26-A, located in the north portion of the
Pasture Area, sampled on September 26, 2017 had a pentachlorophenol (PCP)
level of 3.60 ug/L (2017 Groundwater Assessment Report Idaho Pole Company
Site, Table 2-3. Groundwater Analytical Data September 2017). This is above the
ROD cleanup level (1.0 ug/L), but no soil samples were collected from the
Pasture Area. Board and staff believe additional soil testing at more locations
including but not limited to the Pasture Area is necessary to evaluate risk to
human health and the environment.
It appears from the documentation that the soil treatment process did not
positively reduce dioxin to the ROD level. Dioxin is an extremely toxic
substance. The fact that the recently tested surface soils in one of the handful of
sites outside of the Treatment Unit, is close to the ROD level for dioxin is
concerning, as those should have been clean soils. Testing of treated soils for
dioxin, as well as more comprehensive testing of both surface and subsurface
unsaturated soils in additional areas beyond the locations sampled in 2018, is
called for before any of the site is developed and sampling and remediation
becomes economically impractical.
The relatively shallow depth of soil sampling is also a concern. As we understand
the documents, the purpose of the partial deletion as stated in both on the
article in the Bozeman Daily Chronicle on May 7, 2019, and the EPA Idaho Pole
web page is to allow redevelopment of the land. Redevelopment as we
understand it would require excavation for building foundations, water lines,
sewer mains and other underground utilities on the Site. Experience suggests
such excavation would extend from 6 to 8 feet below ground surface. The
excavated material would be mixed and used to backfill-excavated areas. This
excavation and mixing may bring contaminated materials from below the six
inch level. Because of this, contamination in the unsaturated and even the
saturated zone in shallow groundwater areas may surface and be inhaled,
ingested or otherwise come into contact with children or adults.
Once the construction is completed, this process could create preferential
pathways (essentially giant French drains) through which contaminants located
in the soil and groundwater could migrate and transport to off-site, down
gradient locations.
215 W. MENDENHALL, BOZEMAN MT 59715
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Page 4 of 8
Specific components of diesel fuel have not been sampled for recently in the
soils and in the unsaturated zone. This is a concern for human health and the
environment.
b.Unknown fate of over 300,000 gallons of petroleum hydrocarbons
spilled on the Site. The 2002 Remedial Investigation Report estimated that
327,000 gallons of petroleum hydrocarbons were spilled on the Site. To date, the
EPA has not responded adequately to requests from the Board of Health as to
the status of those contaminants. There are no estimates on how much of the
fuel may have been recovered through soil excavation or other cleanup efforts.
According to the US Agency for Toxic Substance and Disease Registry (ATSDR)
petroleum hydrocarbons can be harmful to human health if they are ingested,
inhaled, or touched by people. ATSDR states that exposure can cause serious
health impacts, including irritation of the throat and stomach, central nervous
system depression, difficulty breathing, and pneumonia from breathing liquid
into the lungs. The compounds in some total petroleum hydrocarbon (TPH)
fractions can also affect the blood, immune system, liver, spleen, kidneys,
developing fetus, and lungs. Certain TPH compounds can be irritating to the skin
and eyes. The boards believe that no determination regarding public health and
safety can be reached absent better understanding of TPH levels on the Site.
c.Smear zone. The Federal Register states that "The majority of soils in the
Barkfill and Pasture Areas were contaminated by non-aqueous phase liquid
(NAPL) smearing of the saturated subsurface soil." It continues on to describe
that the clean overburden was stripped off and the exposed contaminated soil
layer was excavated and treated. Concern remains that NAPL smearing has
occurred at other locations on the Site as well, particularly directly down
gradient in the northern portion, where a shallow groundwater table is
present. The 2014 Temporary Monitoring Well Installation Data Summary
Report prepared for NorthWestern Energy measured water table depths at 1.26
feet to 8.93 feet below the ground surface at eleven temporary well locations.
One member of the public at the August 7 public meeting reported observing a
sheen on surface water near the road ditches north of 1-90 during spring time
high-groundwater conditions. If contamination smearing is still occurring in this
area, this would mean that soil and unsaturated-zone contamination is still
present at least in the smear zone up-gradient of this surfacing
groundwater. Other areas on the site may also have smeared contamination. If
NAPL smearing is in fact present at the surface and in shallow subsurface
unsaturated soils upgradient of and within these wetland areas, this is not
protective of human health and the environment because shallow contaminated
soils will be disturbed and exposed to the land surface during underground utility
construction, and soil vapor intrusion could negatively affect human health if
structures are placed in these areas.
215 W. MENDENHALL, BOZEMAN MT 59715
Page 5 of 8
d.Vapor-Intrusion. It is possible that soil vapor intrusion into future
structures on Site could present a human health hazard. Naphthalene, a semi
volatile compound, or other components of diesel fuels remaining in residual
subsurface contamination in the smear zone, or in shallow groundwater could
volatilize and present an indoor air hazard in overlying structures. No
institutional controls or mechanisms requiring the use of soil vapor mitigation
systems are required for future structures at this time. Additionally, to our
knowledge, a soil vapor-intrusion assessment has not been conducted.
e.Inadequate collaboration and consultation with local governments that
will be responsible for assuring public health and safety of future potential
development at the Site. The EPA decision notice of intent to delist portions of
the Site was reached without any meaningful consultation, collaboration, or
notification of the local government entities that would be burdened with the
responsibility for making decisions on future use of the land. According to
testimony by EPA staff Roger Hoogerheide at the boards' August 7, 2019,
meeting, the MDEQ agreed to support the delisting absent any opportunity for
public comment from the affected community or any outreach to government
officials who would shoulder responsibility for governing future use of the
Site. Board members are concerned that local governments and taxpayers will
be burdened with decisions about land use and the liability that comes with
future potential health impacts. Further, Mr. Hoogerheide stated at the August 7
meeting that EPA would remain involved in the Site but also stated that there is
no clear mechanism for EPA to work with local officials to determine safe uses
for the Site. Board members feel that local zoning rules are insufficient to
ensure appropriate use of the Site as those rules are malleable and subject to
exceptions. One board member noted that current zoning in Bozeman allows
childcare facilities in all parts of the city. The boards feel strongly that safe use of
the Site demands specific and comprehensive understanding about regulatory
mechanisms that would be protective of public health. Absent such mechanisms,
the boards feel it would be irresponsible to move ahead with delisting.
The soils and unsaturated subsoils proposed for delisting were cleaned up to
industrial and commercial standards. A portion of the area proposed for delisting
is in the Gallatin County-Bozeman Area zoning district currently designated as
sub district Agriculture Suburban, which allows for many different types of
development. Future human health could be at risk if residential development
were to occur on this parcel. Any new development would also likely require
utility trenching due to restrictions of the Controlled Groundwater Area
encompassing the Site which do not allow any new wells to be drilled.
EPA staff have described that EPA and MDEQ would assist with providing input
into future land use for the Site. However, it is unclear to the boards the
mechanism by which these agencies would interact with the City of Bozeman
215 W. MENDENHALL, BOZEMAN.MT 59715 ej
Page 6 of 8
and the County of Gallatin to determine future site use that is safe for human
health. We are concerned that the City of Bozeman and Gallatin County would
have little or no legal ground to stand on in prohibiting certain uses of the Site,
after partial delisting of the surface.
At minimum, a Memorandum of Understanding (MOU) between the City of
Bozeman, the County of Gallatin, U.S. EPA, and Montana DEQ should be
composed and finalized to outline roles of each party when determining
appropriate future use of the property to ensure human health and
environmental protection. Partial delisting should not occur until an MOU is
finalized and signed.
2.Per 40 CFR 300.425(e), GCCBOH and GLWQD believe that responsible parties or other
persons have not impleme'nted all appropriate response actions required for the following
reasons:
a.Absence of clear, comprehensive statement of scientific rationale for
finding that the delisting would not pose a threat to human health. We do not
believe that EPA, MDEQ and Idaho Pole Company have provided the public and
government partners with an adequate assessment and rationale for the
apparent position that the Site does not pose a public health risk. The Site has
been on the National Priorities list for 33 years, in large part in order to protect
human health and the environment. Despite this history, there is inadequate
communication or documentation explaining to local officials and residents why
the EPA and DEQ consider all but 4.5 acres of the surface and unsaturated
subsurface to no longer be a substantial risk to human health. We believe a clear
statement of this rationale is needed.
3.Per 40 CFR 300.425(e), GCCBOH and GLWQD believe that all appropriate Fund-financed
response under CERCLA has not been implemented, and additional response action by
responsible parties is appropriate for the following reasons:
a.The proposed partial delisting of the unsaturated soils inadequately
considered the connections of the soil to groundwater and saturated
soils. Some members of both boards expressed concern that it is impractical and
inappropriate to delete sections of the Site from the National Priorities List
without additional consideration of connections between the land, groundwater,
and saturated soils. One Board of Health member noted that the Site was placed
on the National Priorities List in a manner that sought cleanup of the entire Site -
soil, saturated soil and groundwater -but is now being broken into pieces in
order to accommodate development and the EPA's current emphasis on deleting
sites from the National Priorities List. The board member noted the absence of a
scientific rationale for this fragmentation of the Site.
215 W. MENDENHALL, BOZEMAN MT 59715
Page 7 of 8
The Idaho Pole Site contains one Operable Unit (OU0l), including soils and
groundwater contamination. The proposed soils delisting at the Site removes a
large area that serves as a buffer around the treated soils area. In the view of
some Board members, de listing a subset of the soil portion of the Site is not
aligned with the original intent of the Superfund listing as a single Operable Unit.
Because of the interconnectedness between soil and the very shallow
groundwater table at the Site (less than 10 feet at the northern portion of the
Site), human health and environmental concerns remain.
We believe that development of the Site -both to build structures and install
utilities -undoubtedly would require excavation that may exacerbate the health
concerns related to the connections between groundwater and soils. We and
members of the public express concern that utility trenching could provide
conduits through which contaminants in the soil and water would migrate.
Additionally, we are concerned that the position of the boundary between
saturated and unsaturated soils in the delisting statement changes both
seasonally and from year to year as groundwater level fluctuates. This
fluctuation and attendant uncertain position would not protect public health
during construction and excavation and potentially during the life of a building.
We also note the inexact knowledge of groundwater depth throughout the Site,
a limitation that underscores the important connection between the land and
the groundwater. We believe the Site poses a risk to public health based on this
connection.
If the Site's soil is partially de listed, development will occur and excavation for
underground utilities will be necessary. There is concern that excavation and
gravel backfill around utility lines will introduce preferential pathways for the
contaminated groundwater, potentially transporting contamination to off-site
down gradient locations. In addition to this concern, shallow subsurface
contamination smearing, whether in saturated or unsaturated soils, is likely to be
encountered during excavation and could bring contamination to the land
surface, reintroducing a human health contact risk. The Boards, including
representatives of the City of Bozeman and Gallatin County, would like EPA's
guidance and further clarification of these issues and their recommended
resolution prior to delisting the majority of the Site's surface and unsaturated
subsurface soils, which will likely result in development proposals that must be
evaluated by the respective entities.
Thank you for the opportunity to provide these comments. While members of
the two Boards do not share identical concerns, this document seeks to
summarize and detail the primary concerns expressed by members over the past
number of weeks.
215 W. MENDENHALL, BOZEMAN MT 59715
Page 8 of 8
For the reasons describe above, we feel that it is inappropriate to delist even
partial areas of the Idaho Pole Company Superfund Site at this time.
�P�= BeckyFraa
Board Chair, Gallatin City-County Board of Health
Steve Custer (PhD, Geologist)
Board Chair, Gallatin Local Water Quality District
Board member, Gallatin City-County Board of Health
Cc:
Joe Skinner, Chair, Gallatin County Commission
Cyndy Andrus, Mayor, City of Bozeman
Shaun McGrath, Director, Montana Department of Environmental Quality
Lisa DeWitt, Montana Department of Environmental Quality
215 W. MENDENHALL, BOZEMAN MT 59715