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Oregon Bulletin

August 1, 2013

 

OTHER NOTICES

Request for Comment
Proposed Consent Order for Prospective Purchase Agreement, Esquire Motors site, Multnomah County, Oregon

Comments due: Aug. 30, 2013

Project Location: 1853 SW Jefferson St., Portland, Or

Proposal: The Oregon Department of Environmental Quality proposes to enter a consent order for a Prospective Purchaser Agreement with Jefferson Holdings LLC for the Esquire Motors site property.

Highlights: The property, vacant for about a year and a half, was used primarily for various industrial/commercial operations for decades, most recently as an auto garage. The historical operations resulted in known or suspected soil, vapor and/or groundwater contaminants at the site including petroleum- and chlorinated solvent-related contamination. Following a soil removal action in 2012, DEQ issued a No Further Action Determination Addendum which included release by DEQ of an environmental Easement and Equitable Servitudes.

While significant cleanup activity has occurred, some contamination remains in soil and groundwater. These do not present an unacceptable risk but may require characterization and management as solid waste if encountered or generated during intrusive property development activities. DEQ’s No Further Action document recommends but does not require that site development involving excavation or intrusive activities be conducted based on a site-specific, DEQ-approved contaminated media management plan.

Assuming completion of this consent order, Jefferson Holdings LLC plans to purchase the property from PHO Properties LLC and RRO Properties LLC. Jefferson Holdings LLC plans a residential, retail and/or office transit-oriented development near an existing MAX light-rail station.

Under the consent order, Jefferson Holdings LLC will record in the Multnomah County real property records an obligation to implement a contaminated media management plan with DEQ oversight. The contaminated media management plan will apply to intrusive development activities involving excavation, or intrusive development activities that may encounter or generate residual impacted soil and/or groundwater. Other DEQ-approved plans may be required by DEQ if Jefferson Holdings LLC elects to voluntarily remove contaminated media.

Jefferson Holdings LLC will have what the City of Portland calls a “pre-application conference” with the city to discuss the transit-oriented development plan in more detail within six months of acquiring the property. Jefferson Holdings LLC will also obtain a building permit for and begin construction of the development no later than 10 years after acquiring the property. The term “begin construction” has the meaning commonly applied by the city to commencement of sufficient work within 180 days of building permit issuance for the permit to remain valid under the present city code. DEQ may extend the time for those actions to take place. These actions may be satisfied by Jefferson Holdings LLC and/or its partners, successors, or assigns.

This prospective purchaser agreement provides a substantial public benefit because it will provide for implementation of a contaminated media management plan or other appropriate plan for proper characterization and management protocols for affected soil and water during intrusive development. This consent order fosters the intended purchase and enhanced productive reuse of the vacant property.

DEQ launched the prospective purchaser agreement program in 1995 through amendments to the state’s environmental cleanup Law. A prospective purchase agreement is a tool that expedites cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of liabilities associated with purchasing a contaminated site.

This proposed consent order will provide Jefferson Holdings LLC a release from liability for claims by the State of Oregon under ORS 465.200 to 465.545 and 465.990, 466.640, and 468B.310 regarding existing hazardous substance releases at or from the property. The proposed consent order will also provide Jefferson Holdings LLC with third-party liability protection.

How to comment: The project file may be reviewed by appointment at DEQ’s Northwest Region Portland Office, 2020 SW 4th Ave., Portland, OR 97201-4987. To schedule an appointment to review the file please contact Dawn Weinberger at (503) 2290-6729. Summary information and copies of documents referenced above are available in DEQ’s Environmental Cleanup Site Information database on the Internet. To review this material, go to http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter 4906 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 4906 in the Site ID/Info column. To be considered, written comments should be sent to: Mark Pugh, DEQ Project Manager, at the address listed above, or by email at Pugh.Mark@deq.state.or.us by 5 p.m. Aug. 30, 2013. DEQ will hold a public meeting if it receives a written request by 10 or more persons or by a group with a membership of 10 or more.

Next step: DEQ will consider all public comments received by the date and time stated above before finalizing and issuing the consent order. A public notice of DEQ’s final decision will be issued in this publication.

Accessibility information: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ’s Office of Communications and Outreach, Portland, 503- 229-5696 or call toll free in Oregon at 800-452-4011; fax to 503-229-6762; or e-mail to deqinfo@deq.state.or.us. People with hearing impairments may call 711.

Request for Comments
Proposed consent order for Prospective Purchaser Agreement at the Franko #6 site, Lincoln County, Oregon

Comments due: Aug. 30, 2013

Project Location: 906 US Highway 101 South in Lincoln City, Oregon.

Proposal: Goodwill Industries is proposing to redevelop the property and six adjoining tax lots into a retail store and job connection center. Redevelopment will provide jobs during construction and upon completion. The new facility will employ from 35 to 48 full time positions and provide a no cost job placement service to area residents.

The site is approximately one-half acre and includes a gravel and soil surface with limited areas of asphalt. The property was the former location of the Franko #6 and Lincoln City Pride service and fuel dispensing stations. Petroleum contamination from gasoline, diesel, and heavy–oil has been observed on the property since at least 1988. Underground storage tank systems and fuels dispensers were removed in 1993.

Since the report of contamination and removal of the underground storage tank systems, several stages of site investigation have been completed. Soil and groundwater have been contaminated at multiple locations on the subject property. A network of groundwater monitoring wells has been installed to assess the level of contamination and track remedial progress. No surface water contamination has been reported.

Some cleanup has been completed including the installation of a vapor extraction system in the area of the former underground storage tank systems and excavation in the area of the dispenser island. The most recent site investigation included temporary borings on and off the subject property. Soil, groundwater and soil-gases were sampled to help in the development of remedies needed to facilitate the proposed reuse.

During redevelopment of this and the adjacent properties the following steps will be taken to address areas of contamination exceeding Oregon DEQ cleanup levels:

• No use of groundwater

• Protective cap over areas of contamination to prevent direct contact and help control migration.

• Vapor barriers as needed beneath buildings to prevent petroleum vapor migration into proposed structures.

• Defined on-site reuse of any contaminated soil removed during construction.

DEQ launched the prospective purchaser agreement program in 1995 through amendments to the state’s environmental cleanup law. The prospective purchaser agreement is a tool that expedites cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a contaminated site.

The proposed consent order will provide Goodwill Industries of the Columbia Willamette with a release from liability for claims by the State of Oregon under ORS 465.200 to 465.545 and 465.990, 466.640, and 468B.310 regarding existing hazardous substance releases at or from the property. The proposed consent order will also provide Goodwill Industries of the Columbia Willamette with third party liability protection.

How to Comment: The project file may be reviewed by appointment at DEQ’s Salem office at 750 Front St. NE, Suite120, Salem, OR 97301. To schedule an appointment to review the file or to ask questions, please contact Jim Glass at 503-378-5044. Summary information and copies of the documents referenced above are available in DEQ’s Leaking Underground Storage Tanks database on the Internet. To review this material, go to http://www.deq.state.or.us/lq/tanks/lust/lustpubliclookup.asp, then enter 21-88-4088; in the LUST Number box and click “Lookup” at the bottom of the page. Next, click the link labeled 21-88-4088 in the “Log Number” column.

Send written comments to Jim Glass, at the address listed above or glass.jim@deq.state.or.us. Comments must be received by 5 p.m., Friday, Aug. 30th, 2013.

DEQ will hold a public meeting if it receives a written request by 10 or more people or by a group with a membership of 10 or more.

Next step: DEQ will consider all public comments received by the date and time stated above before making a final decision about the proposed remedial actions taken at the site. DEQ will issue a public notice of DEQ’s final decision in this publication.

Accessibility Information: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Office of Communications and Outreach 503-229-5696 or toll free in Oregon at 800-452-4011; fax to 503-229-6762; or e-mail to deqinfo@deq.state.or.us.

People with hearing impairments may call 711.

Finalized Consent Judgment for Canoe Bay Cleanup

PROJECT LOCATION: Canoe Bay, North side of Hayden Island, Portland

DECISION: The Department of Environmental Quality has finalized a consent judgment with Inland Sea Maritime Group LLC and Schooner Creek Boat Works. The consent judgment will cover DEQ cleanup oversight of shoreline contamination cleanup and includes settlement of the parties’ potential liability for contribution to sediment contamination in Canoe Bay. The consent judgment also documents satisfaction of liability associated with State of Oregon natural resource damages for Canoe Bay.

HIGHLIGHTS: Canoe Bay is a 7.6-acre rectangular inlet off the Columbia River located on the central north side of Hayden Island. Inland Sea Maritime Group owns approximately 6 acres of upland land on the southwestern edge of the bay. Schooner Creek Boat Works leases a portion of the upland property on which it operates a boat maintenance, repair, and new construction facility.

DEQ issued a record of decision for cleanup of shoreline contamination associated with the debris pile and stormwater outfall in August 2012. The cleanup action will include capping and stabilizing the shoreline contamination areas.

PUBLIC REVIEW: The draft consent judgment was made available for public review in September 2012. No comments were received. View the final consent judgment at http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=3333&SourceIdType=11 or at the DEQ Northwest Region Office in Portland. To schedule an appointment to review files in DEQ’s Northwest Region office, call 503-229-6729. For more information on the project contact Jennifer at 503 229-6148 or sutter.jennifer@deq.state.or.us.

THE NEXT STEP: Consultants for Inland Sea Maritime Group and Schooner Creek Boat Works are preparing remedial action work documents. Implementation is planned to begin in August 2013.

ACCESSIBILITY INFORMATION: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications and Outreach 503-229-5696 or toll free in Oregon at 800-452-4011; fax to 503-229-6762; or email to deqinfo@deq.state.or.us.

People with hearing impairments may call 711.

Request for Comments
Proposed Settlement and Consent Judgment for the Pacific Carbide & Alloys Company Site

Comments due: 5 p.m., Friday, Aug. 30, 2013

Project location: 9901 North Hurst Ave., Portland

Proposal: The Oregon Department of Environmental Quality invites comments on its proposal to enter into a settlement with Pacific Carbide & Alloys Co. The settlement, in the form of a consent judgment, concerns potential cleanup liability related to its property, including contaminated sediments in the Columbia Slough.

The settlement would require Pacific Carbide to pay $400,000 to a DEQ-administered account dedicated to investigation and cleanup of bank soil and sediment contamination in the Columbia Slough. Pacific Carbide also would settle potential natural resource damage claims by paying $50,000 to a DEQ-administered account dedicated to habitat restoration within the Columbia Slough watershed. In return, Pacific Carbide would receive a covenant not to sue from the State of Oregon and contribution protection from claims by third parties relating to historic releases to the Slough and the Pacific Carbide site. The liability releases and contribution protection would be after the company pays the settlement amounts and completes the upland cleanup under terms of the consent judgment.

Highlights: The 16-acre property was developed in the 1940s and operated as a calcium carbide manufacturing plant until 1987. Calcium hydroxide, generally referred to as lime, was a by-product generated during this process and was stockpiled at the site. Significant amounts of lime entered the Columbia Slough through direct discharges from a settling pond and during a catastrophic dike failure in the 1970s. The lime is associated with elevated pH, elevated levels of polycyclic aromatic hydrocarbons, referred to as PAHs, and metals.

Between 2003 and 2006 Pacific Carbide completed a remedial investigation. Following a public comment period, DEQ issued a Record of Decision in 2007 that identified remedial actions to address site contamination. These actions included removing remaining lime stored at the site, from the Columbia Slough and slough bank, and capping residual contamination in the upland area.

Most of the remaining above-grade lime was removed in 2007 under a DEQ Consent Order. Subsequent sediment and upland soil sampling, and observations during the lime pile removal, showed more extensive by-product lime impacts than prior investigations had indicated. Due to the associated increase in cleanup costs, Pacific Carbide indicated they did not have sufficient funds to complete the required work.

Under terms of the consent judgment, the money payments would complete Pacific Carbide’s obligation for the bank soil, slough sediment and natural resources damages. Pacific Carbide would continue to complete the upland remedy, which includes grading and installing an engineered cap over residual contamination, operating and maintaining the cap, and implementation of institutional controls through an Easement and Equitable Servitudes recorded with Multnomah County.

The cap would prevent direct contact of site workers with contaminated soil, mitigate potential future contaminant contributions to the Columbia Slough from stormwater runoff, and allow expanded use of the facility.

How to comment: To schedule an appointment to review files in DEQ’s Northwest Region office, call 503-229-6729. Send comments on the draft consent judgment by 5 p.m., Friday, Aug. 30, 2013 to DEQ Project Manager, Mark Pugh, DEQ Northwest Region, 2020 SW 4th Ave., Portland, OR 97201 or pugh.mark@deq.state.or.us. For more information contact Pugh at 503 229-5587.

The next step: DEQ will review and consider all comments received during the comment period. If DEQ decides to enter the consent judgment, it will be executed by the parties and then filed with the Multnomah County Circuit Court. The court must approve the consent judgment for it to take effect.

Accessibility information: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications and Outreach 503-229-5696 or toll free in Oregon at 800-452-4011; fax to 503-229-6762; or email to deqinfo@deq.state.or.us.

People with hearing impairments may call 711.

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