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Good afternoon Alex,
I hope this finds you well. I want to acknowledge that Britta and I have received this information and are diligently working to have our response to DEQ to by end of business on Tuesday, January 21st. Our response will be sure to include relevant information regarding the qualified contractors and the amendment of the Project Manager, from Rachel Felice to me, in line with what was discussed at our January 7th meeting. We thank you for clearly explaining the rationale and process associated with the October 31, 2020 deadline and will adhere to what you have outlined.
We will be sure to remain in contact as we develop the work plan and will request your assistance, as-needed, throughout the review and permitting process. Thank you again, and, we too are also looking forward to the day we have permanent stormwater controls in place.
Sincerely,
Kyle
Kyle DeHart (he, him, his)
Health, Safety, & Environmental Specialist | Assets & Development
Portland Parks & Recreation
6437 SE Division St.
Portland, OR 97206
(503) 502-4534 (Cell)
Kyle.DeHart@PortlandOregon.gov
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From: LIVERMAN Alex
Sent: Wednesday, January 15, 2020 3:19 PM
To: Herwig, Britta
Cc: Ryals, Cindy ; DeHart, Kyle ; SEIDEL Paul ; Felice, Rachel ; ELWORTH Susan
Subject: Follow-up on Forest Park Warning Letter deadline
Hi Britta.
I tried calling you today to relay information you requested on DEQ’s enforcement process. I haven’t heard back from you and wanted to get this information to you, since you are working on a response following our meeting on Jan 7th. Please do respond to DEQ to meet the terms of the Order as to the qualified contractor list and amending the project manager in the Order by Jan 21st, as we agreed to at the meeting. Likely, you will want to provide a separate response on discrepancies in the letter that Rachel mentioned wanting to address, but you may include these together if you prefer.
After conferring with DEQ’s Office of Compliance and Enforcement and my manager, Paul Seidel, I also recommend that you write a separate response regarding timeline, but likely not until closer to the Oct 31 deadline. Here’s why:
- Following the executive level meeting between DEQ and Parks on this and several other remediation projects, DEQ opted to justify a variance to the enforcement process at Forest Park to forego the penalty called for by the violations of the Orders. As such, Parks received a Warning Letter with Opportunity to Correct that set a deadline for compliance of Oct 31, 2020, approximately one year from the Order completion date Parks missed.
- The end of March 2020 was discussed at the executive meeting as the timing for Parks to submit a plan for meeting the requirements of the Orders and Warning Letter. This timeline can facilitate project completion by Oct 31, 2020, though a sooner submittal would likely better accommodate the Warning Letter deadline. Your draft schedule is a start, but DEQ requests more information on project design and revisions to the schedule.
- Because DEQ has already deviated from the enforcement process in Parks favor, we will not amend the Warning Letter.
- DEQ encourages you to begin working immediately to revisit the Land Use review process that has already begun, reinvigorate work on revised construction documents and undertake permit applications and bidding/contracting concurrently, as possible.
- If you have made meaningful progress on the project, but are unable to meet the deadline, you may submit a request for extension for DEQ consideration. The request should document progress made and explain the extraordinary circumstances that prevent project completion by the deadline. Likely working until at least May will be needed to document progress in support of a request for extension.
- Upon consideration, DEQ may extend the deadline and DEQ may issue a penalty.