From: Castleberry, Stacey

Sent: Wed May 08 08:39:01 2019

To: Herwig, Britta

Cc: LIVERMAN Alex; Kohlsmith, Emma; Butler-Brown, Jason; Krantz, Dawn

Subject: RE: LU 18-100954 Forest Park Entry

Importance: Normal

Attachments: image001.jpg; 18-100954 lu SD response.doc; Fire LU Response.docx;

Hi Britta;

I have spent the last hour looking back at the issues that City review staff and DEQ staff identified last year. As you know the real sticking points to be worked out are providing us with an updated DEQ response to Parks’ proposed “interim measures,” and satisfying BES requirements in order to allow them to issue a Land Use Response in support of the project. There are also unresolved Site Development issues and Land Use Review issues, I’ve copied below. You may wish to consult with the Fire Bureau to confirm your design meets their requirements as well (see attached).

In order to meet the provisions of Parks’ letter waiving the review clock (until October 2019) , BDS will need to have all updated site plans and narrative in hand by July 9, 2019.

1. 1. Please provide correspondence from DEQ showing their issues below have been resolved:

From DEQ, August 2018:

“… 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. 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. 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. 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. 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. 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. 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”

2. 2. Please respond to BES and Site Development issues:

In order to be approvable, the project must meet the Environmental Review approval criteria, as well as other City titles such as Title 17 and the Stormwater Management Manual administered by BES, as well as Title 10 and Title 24 administered by BDS Site Development. BDS LUS must have “Land Use Response Memos” from BES and from BDS Site Development in support of the proposal by July 2019 under the current review clock.

As you pointed out BES correspondence indicates that the project does not meet their requirements. This also prevents me from writing a decision of approval. BDS Site Development also has outstanding information needs before they can support the project (see attached/see below).

Site Development August 2018:

Flood Hazards – Unidentified Watercourse Flood Zones

The applicant’s response says that the “Appendix A” drawings show the watercourse locations as verified in the field by the design team and BES staff. The drawings show two watercourses; the northern water course crosses the site and the southern water course ends at the “western” property line.

Mapworks shows the two open channels that qualify as unidentified watercourses. The southern channel is shown to cross through the site. Therefore, Site Development needs to meet with BES to verify the mapping and to determine next steps.

This item is still under review and has not been resolved.

Geotechnical Report – Debris Flow

I have completed a preliminary review of the report and looked at the slope stability analyses. I will be asking Ericka Koss to review the information before Site Development can make a determination.

This item is still under review and has not been resolved.

Preliminary Retaining Wall Calculations

The response refers to calculations related to the proposed debris flow berm. It does not appear that the response included preliminary calculations for site retaining walls.

The response to BDS Land Use Comments included[ a photo of a wall and stairs]. It is unclear if this is a cantilever soldier pile lagging wall or a soldier pile - tieback wall. However, Site Development would again encourage the design team to submit preliminary design calculations to verify limits of disturbance.

3. 3. Please provide specific responses to Title 33 Zoning Code/Forest Park NRMP (Environmental Review) issues concerning offsite impact, the amount of disturbance/development on steep, wet, forested hillside, and adequate mitigation:

a) As it stands, BDS LUS lacks information in the file demonstrating the project meets the Title 33 Environmental Review approval criteria, most notably that the project will not result in detrimental impacts to downstream resources because of the DEQ and BES issues with contaminated media leaving the site or infiltrating.

2. b. ADA Pedestrian Trail, Bicycle Trail, Fire Lane 1: excessive impacts and alternatives considered.

1. a. Applicant’s findings do not describe alternative trail layouts/alignment/locations.
2. b. Identify the proposed grade of the fire lane.
3. c. Note steepest grade for reasonable mountain bike trail
4. d. Findings do not acknowledge 3 creeks on the site. Avoid creek impacts.
5. e. Site plans show details for “boardwalk” or bridge over creeks.
6. f. Must protect Oregon Ash trees in the south ¼ of the site.
7. g. Combine/condense impacts of ADA ped trail footprint, in order to pull the bike trail north.
8. h. Redesign bike trail/fire lane junction west of the property line to avoid trees.

3. c. Adequate Mitigation:

9. i. Mitigation are must be approximately equal to area of
10. j. Show calcs that tree replacement per Table 430-3 is met at a minimum.
11. k. Show sizes and quantity of trees, shrubs, and groundcovers to be planted.
12. l. Replace impacted Oregon ash with Oregon ash given the groundwater present in the hillside. Refer to Portland Plant List and NW Hills Natural Area Protection Plan for descriptions of appropriate forest habitat in this site.

Please also let us know the status of the DSL permit to impact wetland areas on the site.

Stacey M Castleberry

BDS Land Use Services

1900 SW 4^th Avenue, Ste 5000

Portland, OR 97201

Tel. 503.823.7586

Stacey.Castleberry@portlandoregon.gov

office hours: Tuesday, Wednesday, Thursday 7:00 ~ 4:00.

From: Herwig, Britta

Sent: Tuesday, May 7, 2019 2:45 PM

To: Castleberry, Stacey <Stacey.Castleberry@portlandoregon.gov>

Subject: LU 18-100954 Forest Park Entry

Stacey,

Just checking in to make sure that the only responses you are waiting on in order to be able to complete this review are the ones listed in the attached file from BES.

Please let me know, if there is anything else you are missing.

Thanks,

Britta Herwig

she, her, hers

Capital Program Manager | Asset Management

Portland Parks & Recreation

1050 SW 6th Ave, Suite 2200

Portland, OR 97204

971-940-5711 (mobile and office number)

Britta.Herwig@portlandoregon.gov

portlandparks.org

The City of Portland complies with all non‐discrimination Civil Rights laws including Civil Rights Title VI and ADA Title II. To help ensure equal access to City programs, services and activities, the City of Portland will reasonably modify policies/procedures and provide auxiliary aids/services to persons with disabilities. Call 503-858-9744, TTY 503-823-6868 or Oregon Relay Service 711 with requests, or visit http://bit.ly/13EWaCg

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