RE: Forest Park / Anderson Property Consent Order

From: LIVERMAN Alex

Sent: Wed Jul 25 13:35:23 2018

To: 'Betz, Jan'; Petersen-Morgan, Kendra

Cc: CHAPMAN Cheyenne; 'Cermak, Abigail'; Ryals, Cindy

Subject: RE: Forest Park / Anderson Property Consent Order

Importance: Normal

Hi Jan and Kendra.

Thanks for getting back to me on this.

Please send me the report dated “May of 2017 covering the period from October of 2015 through May of 2017,” so I can review it and add it to the file. Following my review of the 2015-2017 report, we may need to discuss interim measures, like storm line cleanouts, in order to address any potential contaminant migration from the site during the particularly intense storm year we had in 2016 and make right the gaps in CO compliance.

Once Parks has identified a new CO contact, it would be great if you can prepare the written document changing both designees (me for Bob and the new Parks person for Astrid) that we can mutually agree to and execute. Hopefully that can happen soon, given CO required timelines for completion of permanent stormwater controls (see below) and need to ensure recent CO compliance gaps are addressed.

In the meantime, I reached out to Abigail Cermak (and cc’d the City’s Portland Harbor contact, Cindy Ryals) last Fri for a status update on redevelopment coordination meetings for the site, since she brought to our attention back in March 2018 that this was off the rails a bit. She committed to investigating internally and suggested we check in this week after she’s had a chance to gather more information.

I remain concerned about redevelopment coordination because the requirements of the PPA include best efforts to redevelop with appropriate stormwater controls within 3 years (now passed) and, regardless of development success, permanent stormwater measures must be in place within 5 years (or by Oct 2019). Given the complexities of permitting reviews, it may not be possible for redevelopment to be complete by then, so it may be wise to begin discussing how to prioritize stormwater controls and associated reviews, approvals and implementation to meet the Oct 2019 deadline.

For best efforts in meeting the CO intentions and requirements, please keep this on the radar and let me know as soon as possible when we have a new contact and the status of redevelopment plans/reviews and involvement opportunity.

Thanks.

--Alex

From: Betz, Jan [mailto:Jan.Betz@portlandoregon.gov]

Sent: Wednesday, July 25, 2018 11:30 AM

To: Petersen-Morgan, Kendra <Kendra.Petersen-Morgan@portlandoregon.gov>; LIVERMAN Alex <liverman.alex@deq.state.or.us>

Cc: CHAPMAN Cheyenne <Cheyenne.Chapman@state.or.us>

Subject: FW: Forest Park / Anderson Property Consent Order

Kendra and Alex,

It looks like we have a path forward with the requirements for this site (see Cheyenne’s email below.) Alex, Kendra is the on-the-ground project manager, but Parks needs to determine who will be the Consent Order project manager designee, as the current designee is no longer involved. In the effort to get better organized and be responsive to DEQ’s concerns about the reporting issues for the site, a number of Parks and BES staff have been involved in various email chains. So, to focus our efforts, I’m communicating with just the two of you and you can decide who else needs to be involved.

Please let me know if you need anything from me.

Thanks – Jan

JAN V.V. BETZ | Senior Deputy City Attorney

PORTLAND OFFICE OF THE CITY ATTORNEY

1221 SW Fourth Avenue, Room 430

Portland, OR 97204

Voice: 503-823-4941 | Fax: 503-823-3089

Jan.betz@portlandoregon.gov

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From: CHAPMAN Cheyenne [mailto:Cheyenne.Chapman@state.or.us]

Sent: Wednesday, July 25, 2018 10:59 AM

To: Betz, Jan <Jan.Betz@portlandoregon.gov>

Subject: RE: Forest Park / Anderson Property Consent Order

Hi Jan – I think this sounds fine, thanks for clarifying and I think this should get us all back on track! - Cheyenne

From: Betz, Jan <Jan.Betz@portlandoregon.gov>

Sent: Wednesday, July 18, 2018 3:41 PM

To: CHAPMAN Cheyenne <Cheyenne.Chapman@state.or.us>

Subject: FW: Forest Park / Anderson Property Consent Order

Cheyenne,

We’ve finally unraveled the mystery on this end. When we had turnover in the project manager position, the new project manager was filling two positions for some months and the ball got dropped on the reporting schedule for this project. The report I re-sent you was the 2017 annual report, summarizing the activities for the year. The attached report was drafted in May of 2017 covering the period from October of 2015 through May of 2017 – which was not the reporting schedule required by the Consent Order; however, it appears that the report was never submitted. The interim site management plan has been implemented as documented in earlier quarterly reports and the annual report and checklist submitted in November of 2017. The Consent Order schedule now requires annual reports to be submitted by October 31^st.

My suggestion for the next report is to submit it by October 31^st, as required by the Consent Order. We also should formally change the Project Manager designations, which we can do by mutual written agreement. I’m waiting to hear back from Parks as to whom they wish to be listed as Project Manager.

Please let me know if this approach meets with your approval and I will send an email to that effect to Alex Liverman and the Parks Project Manager and will copy you.