From: SEIDEL Paul
Sent: Wed Oct 07 16:05:42 2015
To: 'Kerry Rea'
Subject: RE: Townsend Farms environmental report
Importance: Normal
Attachments: VCP AGREEMENT.pdf; Certainly, Please the agreement attached. Thanks, Paul Seidel Oregon Department of Environmental Quality Northwest Region, Cleanup and Site Assessment 700 NE Multnomah Street, Suite 600, Portland, OR 97232 Office: (503) 229-5614 Fax: (503) 229-6899 Email: seidel.paul@state.or.us From: Kerry Rea [mailto:Kerry@townsendfarms.com] Sent: Wednesday, October 07, 2015 4:04 PM To: SEIDEL Paul Subject: RE: Townsend Farms environmental report Paul, can you forward me the VCP agreement you mention in paragraph 1 below? Thanks, Kerry Rea From: SEIDEL Paul [mailto:SEIDEL.Paul@deq.state.or.us] Sent: Monday, August 31, 2015 5:39 PM To: Kerry Rea Cc: Mike Townsend; Margaret Townsend Subject: RE: Townsend Farms environmental report Dear Kerry, I’d like to acknowledge receipt of this report. As you know, Townsend Farms, Inc and DEQ have an existing Voluntary Cleanup Program (VCP) agreement. Because DEQ has not recently performed work under the agreement until we met recently, I thought it would be worthwhile as a reminder to bring up an element of the agreement and seek a clarification. You may recall the cleanup program works under “cost recovery” rules, we are required to operate in a cost recoverable manner. The agreement in Section J describes this component of our agreement. I mention this as a courtesy because I don’t want you to be surprised when you see an invoice from DEQ for staff time working on Townsend Farms related issues. This “cost-recovery” is not optional for us, it is just how the program is structured. I recommend that a review of this VCP agreement and if necessary, I can provide a copy. The brings me to my request for clarification. Typically, when the program has an agreement such as ours, a scope of work will be defined and a workplan (or plans) will be prepared describing in the scope of proposed work to be completed, DEQ will review the plan, and parties agree on the scope of work. This work is then performed and a report describing the outcome of the planned work is prepared and reviewed by DEQ for approval. At the end of that process DEQ prepares decision documents, one example of which is a no further action determination. This is the process we have followed previously for Townsend Farms work including the previous prospective purchaser agreements. Regarding the current report you provided, I am happy to work on it, and would like to be helpful, but would like to know if you would like DEQ to review this document and provide an opinion. I have a hydrogeologist here who is probably the best person to review the document and provide me his opinion regarding whether he believes the document provided is sufficient to support a decision, or if not, what might be required. Depending on the level of effort you were wanting, I might ask him for a various level of effort or a different type of review. I don’t want to ask him to spend more time than appropriate for what you had in mind. He is out of the office on vacation this week. I can give the document a read and then I suggest we have a phone call to clarify your intent. Sincerely, Paul Seidel Oregon Department of Environmental Quality Northwest Region, Cleanup and Site Assessment 700 NE Multnomah Street, Suite 600, Portland, OR 97232 Office: (503) 229-5614 Fax: (503) 229-6899 Email: seidel.paul@deq.state.or.us From: Kerry Rea [mailto:Kerry@townsendfarms.com] Sent: Friday, August 28, 2015 5:31 PM To: SEIDEL Paul Cc: Mike Townsend; Margaret Townsend Subject: Townsend Farms environmental report Paul, attached is an environmental report from a licensed engineer specific to Lot 11 in the Townsend Business Park. The company is interested in satisfying DEQ’s concerns to enable the issuance of the PPA agreement to the buyer. The company will address the holding pond issues in the near term. Respectfully, Kerry Rea CFO Townsend Farms, Inc. (503) 512-1005