From: Castleberry, Stacey
Sent: Thu Aug 16 08:50:57 2018
To: LIVERMAN Alex
Cc: Kohlsmith, Emma; Reed, Michael; Beckman, Stephanie
Subject: City Environmental Review_Forest Park Entrance at 4315 NW St Helens
Importance: Normal
Attachments: L301 STORM PLAN.pdf; 20180815-MEMO-FP-LU-BES-Response.pdf; Good morning Alex; I am working with Emma Kohlsmith and Abigail Cermak at BES on a land use review (LU 18-100954 EN) for a new Forest Park entrance and nature center, along with new bicycle and pedestrian trails, at the property at 4315 NW Street Helens Road. In their February 8, 2017 “Early Assistance Meeting (EA 16-289810)” summary notes for this project, BES noted that the property is known to have contaminated soil and/or groundwater, and is adjacent to a site that is known to have contaminated soils and/or groundwater. Listed in DEQ’s Environmental Cleanup Site Inventory database as ECSI #2406, this property has development restrictions as part of the Prospective Purchaser Agreement. The applicant was also informed that upland work on this site must be approved by Oregon DEQ. Subsequent to the February 2017 Early Assistance notes, the applicant submitted the land use review application on January 3, 2018. In response to the February 26, 2018 public notice, BES responded (March 22, 2018) that the Oregon Department of Environmental Quality (DEQ) has not reviewed and approved the proposed plan as required as part of the Conditional No Further Action (CNFA) and Prospective Purchaser Agreement (PPA) for this site. After several iterations of site plans and technical reports, the most recent proposal (August 16, 2018) discharges storm and surface water to the wetland area at the property’s southeast corner, with overflow to the public storm system in NW St. Helens Road. I have 3 concerns with the applicant’s proposal—one as it relates to the City’s Environmental Review approval criteria that require no significant detrimental impact on resources and functional values in areas designated to be left undisturbed (in this case downstream waters); one as it relates to Title 17 requirements that are administered by BES (my sense is that BES source control requirements are not met by discharging water into potentially contaminated soils); and one as it relates to DEQ requirements for management of onsite contaminated soils. I am not acquainted with the specifics of DEQ’s requirements for this site. However I have become aware of communications between DEQ and the City of Portland that outline measures pertaining to stormwater management that remain to be completed and that DEQ requires. BES has requested that the applicant coordinate with DEQ on this proposal to receive DEQ approval, since DEQ input may impact the design of the project. To date no documentation of DEQ approval of the current design has been provided as part of City land use review LU 18-100954 EN. In order to inform City concerns related to downstream impacts, I wonder if you would be willing to look over the attached information, and provide a brief response for the record. It would also be helpful to understand the current status of DEQ’s regulatory authority for this site and the proposal under review. Thank you Alex, I appreciate any guidance or other information you are able to share that may better inform this land use review. Stacey Castleberry Stacey M Castleberry BDS Land Use Services 1900 SW 4th Avenue, Ste 5000 Portland, OR 97201 Tel. 503.823.7586 Stacey.Castleberry@portlandoregon.gov office hours: Tuesday, Wednesday, Thursday 7:00 ~ 4:00.