From: LIVERMAN Alex
Sent: Thu Aug 16 14:26:32 2018
To: 'Castleberry, Stacey'
Cc: Kohlsmith, Emma; Reed, Michael; Beckman, Stephanie; 'Ryals, Cindy'; 'Betz, Jan'; 'Cermak, Abigail'; CHAPMAN Cheyenne
Subject: DEQ needs prior to input for City Environmental Review_Forest Park Entrance at 4315 NW St Helens
Importance: Normal
Attachments: Figure 2 Yeon Shallow Soil Samples.pdf; Hi Stacey. Thanks for coordinating on this. To date, I am still waiting to receive a new contact from Portland Parks to move forward with implementing the orders and SOWs under the two PPAs covering these lots. At present Parks is not in compliance with the orders and is at risk of violation, which will trigger penalties. Some of the requirements from the orders that we all need to be cognizant of include: 1. “Regardless of development completion timeline, permanent storm water feature construction will be completed within five years of signing this Consent Order.” Section 5.A. of PPA No. 14-02, executed Oct 8, 2014. This means permanent stormwater treatment, control and conveyance measures must be in place at the site by Oct 2019. 2. “The design for development of the Forest Park Trailhead Project will include constructed stormwater management features and on-going BMPs. Parks will coordinate with DEQ and BES during design of the project on the Property and the adjacent Parks property to ensure that any concerns regarding remaining contamination are addressed and that development meets all current stormwater management requirements.” Section II of the Scope of Work – Exhibit C of PPA No. 14-02 3. “The City will evaluate Forest Park surface water drainage that may drain onto the site and as part of the site development will provide appropriate conveyance to minimize stormwater infiltration into the contaminated subsurface soils.” Section 2.A.(7) of PPA No. 05-01, executed Apr 14, 2005 4. “The City will construct a surface cover (to be incorporated with the proposed parking surface) and direct stormwater runoff from the parking surface to the City conveyance system.” Section 2.A.(8) of PPA No 05-01. As noted in the PPA, all current requirements of the City’s Stormwater Management and Source Control Manuals must be met. As clarified in the BES May 18, 2007 PGE-Forest Park Site Drainage Technical Memorandum, stormwater treatment is required prior to discharge. 5. “The City must submit for DEQ review and approval, any development, use, and building plans, or other similar and adequate documentation, for the proposed activities before any material changes or disturbances occur to any area of the property. The purpose of this plan is to demonstrate that the proposed development will not result in unacceptable risk from exposure to hazardous substances of the site. This plan should include the following: · Conceptual site development plans showing buildings, foundation type (e.g., spread footings, slab-on-grade, or pilings); and concrete, asphalt, and landscaped areas. · Site grading plans that develops appropriate erosion prevention and sediment control measures to prevent contaminated surface soil from being transported by surface water from the property. · Evaluation of potential risk to hazardous substances during and after development.” Section 2.E. of PPA No. 05-01 6. After construction has been completed, Parks will develop a Long-Term Site Management Plan to replace the Interim Site Management Plan. The Plan will be developed with input from BES stormwater source control staff and will comply with all applicable City requirements to manage site stormwater to prevent surface soils from migrating offsite. The City will submit the plan to DEQ for approval. Given the requirements above, the drawing provided is not adequate information for DEQ to understand what is proposed at the site and provide comment. The drawing does not appear to have considered where surface soil PCB contamination remains on the parcels. I have attached a figure that includes soil samples and excavation areas on tax lots 100 and 200. The figures shows surface soil not removed have residual PCB concentrations ranging from 8 to 33 mg/kg in the southernmost area of TL 100 (within the boundary of wetlands); 0.07 to 9.5 mg/kg in the central and northern areas of TL 100; and ND to 1.09 mg/kg surrounding the excavated area of TL 200. All of these are well above the Portland Harbor Cleanup Level for PCBs in erodible soils of 0.009 mg/kg. Given the residual soils PCB concentrations and the requirements of the orders above, DEQ expects to receive: · Site development and grading plans that include proposed surface cover or removal of soils that present risk to on-site receptors or of migration off site; · A contaminated media management plan; · Constructed stormwater treatment and management facilities that avoid infiltration into contaminated soils, prevent transport of contaminated soils offsite and comply with City manuals; and · An evaluation of risk during and after construction. As previously offered, I am available to meet with Parks and their contractors and other City bureau reps to achieve a better understanding of what is being proposed and the requirements of the orders that must be met. In light of the Oct 2019 deadline for permanent stormwater measures to be in place at the site, I reiterate the importance of timely coordination and materials development and review. I appreciate your coordination on this and hope this email provides helpful information for BDS/BES reviews and for Parks to re-evaluate their proposal. Hope to talk to you soon. --Alex L. Alexandra Liverman Portland Harbor Stormwater Coordinator Oregon Department of Environmental Quality Northwest Region Cleanup Program 700 NE Multnomah Street, Suite 600 Portland Oregon 97232-4100 503-229-5080 503-229-6945 (fax) liverman.alex@deq.state.or.us From: Castleberry, Stacey [mailto:Stacey.Castleberry@portlandoregon.gov] Sent: Thursday, August 16, 2018 8:51 AM To: LIVERMAN Alex <liverman.alex@deq.state.or.us> Cc: Kohlsmith, Emma <Emma.Kohlsmith@portlandoregon.gov>; Reed, Michael <Michael.Reed@portlandoregon.gov>; Beckman, Stephanie <Stephanie.Beckman@portlandoregon.gov> Subject: City Environmental Review_Forest Park Entrance at 4315 NW St Helens 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.