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Oregon Bulletin

December 1, 2013

 

OTHER NOTICES

REQUEST FOR COMMENTS
PROPOSAL TO UPDATE DESCRIPTIONS OF THE POPULATIONS ELIGIBLE FOR MEDICAID AND
ESTABLISH OHP BENEFITS FOR THE NEW ADULT POPULATION UNDER THE AFFORDABLE CARE ACT

COMMENTS DUE: December 19, 2013

PROPOSAL: Due to changes in the federal definition of eligible Medicaid populations made by the Affordable Care Act, the Oregon Health Authority (OHA) proposes the following:

1) Consolidate Oregon’s 14 Medicaid eligibility categories to four categories: adults, children, pregnant women and parents/caretaker relatives; eliminate deprivation requirements and base income on Modified Adjusted Gross Income (MAGI).

2) Define the OHP benefit package for the new adult population which will receive the current OHP Plus benefit, this includes coverage for EPSDT services including family planning.

BACKGROUND: For background and detailed information, please see the final rule on Alternative Benefit Plans for the new adult Medicaid population in the Federal Register/ Vol 78, No 135, published on July 15, 2013. It is available at http://www.gpo.gov/fdsys/pkg/FR-2013-07-15/pdf/2013-16271.pdf.

EFFECTIVE DATE: 1/1/14

HOW TO COMMENT: Send written comments by fax, mail or email to:

Jesse Anderson, State Plan Manager

Division of Medical Assistance Programs

500 Summer Street NE

Salem, Oregon 97301

Fax: 503-947-1119

Email: jesse.anderson@state.or.us

NEXT STEPS: OHA will consider all comments received. A State Plan Amendment will be submitted to the Centers for Medicare and Medicaid.

REQUEST FOR COMMENT
PROPOSED CONSENT JUDGMENT FOR PROSPECTIVE PURCHASE AGREEMENT FOR
SCHMIDT PROPERTY BY MWSH TIGARD LLC, WASHINGTON COUNTY, OREGON

COMMENTS DUE: Dec. 31, 2013

PROJECT LOCATION: 8325 SW Ross Street, Tigard, Oregon

PROPOSAL: The Department of Environmental Quality is proposing to enter into a Consent Judgment for a Prospective Purchaser Agreement with MWSH Tigard LLC concerning its acquisition of a single family residence known as the Schmidt Farm located at 8325 SW Ross Street, Tigard, Oregon. MWSH Tigard intends to purchase the property and develop it into a senior living community with approximately 154 units. The units will include individual living, assisted living, and memory care accommodation.

The Property is an approximately six-acre parcel that has been used for farm and residential purposes since approximately 1900. Between the 1970s and the 1990s a portion of the property was used for a commercial sanitation disposal business by Schmidts Sanitary Service, Inc. Various underground storage tanks and above the ground storage tanks have existed on the property. These tanks stored fuel for farm and commercial uses as well as heating oil. Releases from the tanks occurred in the past. Subsequent investigations revealed that gasoline and diesel, or heating oil, contamination was detected in the soil and groundwater at the property and at the adjacent property to the east of the property.

Remedial actions were carried out to address these releases. To date, all of the tanks have been decommissioned and removed from the property. Remedial actions included the removal of a large volume of contaminated soils and groundwater from the tank areas on the property. In June 2012, DEQ issued no further action letters to Schmidt Farm LLC, and Schmidts Sanitary Service.

MWSH Tigard is acquiring the Property and has agreed to perform the following tasks: 1) demolish the existing structures and redevelop the property into a senior living community; 2) submit the recently completed Phase II limited subsurface sampling investigation report to DEQ for review; this information will be used by DEQ as necessary to specify how site development activities should be conducted in the relation to the contaminated material; 3) develop a Contaminated Material Management Plan and submit to DEQ for review and approval; all site development activities shall be performed in accordance with the management plan including ensuring protection of excavation and construction worker safety; 4) connect to the municipal water supply to serve the planned senior residence facility; regarding the existing water well, propose to DEQ to either decommission the well or limit well water use to landscaping irrigation purposes; 5) make a contribution to ensure that it has been connected to municipal water and to decommission the existing water well; 6) submit a request to DEQ to either remove or amend the existing Easement and Equitable Servitude, depending on whether the existing water well is decommissioned or limited in use; 7) demonstrate that significant progress has been made towards development within five years following entry of this Consent Judgment and acquisition of this property; and 8) submit a Completion Report to DEQ upon completion of the above tasks.

MWSH Tigard’s development will provide a substantial public benefit to the community. It is an Oregon-based company addressing the growing need for senior housing in an urbanized area; contributing to the economic viability of the area by providing employment opportunities to the area, initially in construction and then for elderly care; increasing tax revenue by expanding the use of the property; addressing potential residual contamination under DEQ oversight; and providing a more reliable water supply than the existing water wells.

DEQ’s prospective purchaser agreement program was created in 1995 through amendments to the state’s Environmental Cleanup Law. The prospective purchase agreement is a tool that expedites the cleanup of contaminated property and encourages property trans?actions that would otherwise not likely occur because of the liabilities associated with purchasing a contaminated site.

The proposed Consent Judgment will provide MWSH Tigard 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 judgment will also provide MWSH Tigard with third party liability protection.

HOW TO COMMENT: The project file may be reviewed by appointment at DEQ’s Northwest Region office at 2020 SW 4th Avenue, Suite 400, Portland, OR 97201. To schedule an appointment to review the file or to ask questions, please contact Rob Hood at 503-229-5617. Summary information and copies of the documents referenced above are available in DEQ’s Leaking Underground Storage Tank Cleanup Site database on the Internet. To review this material, go to http://www.deq.state.or.us/lq/tanks/lust/LustPublicLookup.asp, then enter 34-99-0697 in the Leaking Underground Storage Tank Number box and click “Lookup” at the bottom of the page. Next, click the link labeled 03-06-1571 in the Log Number column. To be considered, written comments should be sent Rob Hood, Project Manager, at the address listed above or by email at hood.robert@deq.state.or.us and must be received by 5 p.m. Friday, Dec. 31, 2013. A public meeting will be held upon written request by ten or more persons or by a group with a membership of 10 or more.

THE NEXT STEP: DEQ will consider all public comments received by the date and time stated above before making a final decision regarding the prospective purchaser agreement. 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 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 or 711.

REQUEST FOR COMMENT
PROPOSED CONSENT ORDER FOR PROSPECTIVE PURCHASE AGREEMENT FOR
POHLPETER/MARTIN BY METRO, WASHINGTON COUNTY, OREGON

COMMENTS DUE: Dec. 31, 2013

PROJECT LOCATION: 9665 SW River Road, Washington County, Oregon

PROPOSAL: The Oregon Department of Environmental Quality is proposing to enter into a Consent Order for a Prospective Purchaser Agreement with Metro concerning its acquisition of a single-family residence, which includes a machine shop and a barn, at 9665 SW River Road, Washington County, Oregon. Metro intends to purchase the property and develop it and an adjoining parcel it has previously acquired into a non-motorized boat launch recreation area. The site cleanup number is ECSI #5841.

Historical aerial photograph and city directory review indicates that the property was used for agricultural purposes from before 1936 until the 1970s. In the photographs reviewed, the agricultural crop appears to be hay or other grasses. During the 1970s to early 1980s, the property was occupied by the non-profit Tualatin Valley Workshop, which employs persons with mental and physical disabilities to assemble products and complete secondary packaging. In the 1990s, the property was occupied by DB Custom Leather Co./Denman & Herber Saddle and a trailer repair facility. Residential use of the property also occurred during this time. After 1999, the property has been used for single-family residential purposes, including an on-site machine shop and barn.

Metro is acquiring the property and has agreed to perform the following tasks:

1) Machine shop and house (including former heating oil cleanup and above-ground storage tank): After the shop and house are razed, a magnetometer survey will be conducted to ensure there is not an additional tank under the building. In the area of remaining contamination from the former heating oil tank, Metro will remove remaining contaminated soil and compare any remaining concentrations to risk-based screening levels for the appropriate receptors. Metro will conduct any additional investigation and cleanup as necessary in the vicinity of the above-ground storage tank and if a new tank is discovered;

2) Barn: Metro will properly dispose of drums and contents and other items that appear to be of environmental concern;

3) Burn pile area: Metro will properly dispose of the hazardous substance container identified by NW GeoTech Inc. and will address any obvious environmental concerns;

4) 200-gallon steel tank: The tank is located west of the barn. Metro will properly dispose of the tank and contents and will address environmental concerns, if present, in the tank’s vicinity;

5) Western land-filled area: Metro plans to remove between two to seven feet of material throughout the land-filled area (thus far material consists of construction-type fill). Contingent on field observations, Metro will conduct soil and groundwater investigation within and down gradient of the land-filled area. Soil or groundwater samples, if collected, will be analyzed for suspected contaminants based on field observations;

6) Surface areas affected by lead: Metro will remove surface soil in this area as necessary;

7) Pending any remaining contaminants posing unacceptable risks, institutional or engineering controls may be implemented;

8) Following cleanup and additional investigation activities, Metro will submit a completion report that includes field activities, confirmation sample results, risk evaluation and conclusions/recommendations.

Metro’s development and remediation plans will provide a substantial public benefit to the community by restoring a property to a more natural setting for public recreational use.

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

The proposed Consent Order will provide Metro 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 Metro with third-party liability protection.

HOW TO COMMENT: Interested persons may review the project file by appointment at DEQ’s Northwest Region office at 2020 SW 4th Ave., Suite 400, Portland, OR 97201. To schedule an appointment to review the file or to ask questions, please contact Rob Hood at 503-229-5617. Summary information and copies of documents referenced above are available in DEQ’s Environmental Contamination Site Information database on the Internet. To review this material, go to http://www.deq.state.or.us/lq/ecsi/ecsiquery.asp?listtype=lis&listtitle=Environmental+Cleanup+Site%20Information+Database, then enter 5841 in the Site ID box and click “Submit” at the bottom of the page. To be considered, written comments should be sent Rob Hood, project manager, at the address listed above or by email at hood.robert@deq.state.or.us and must be received by 5 p.m. on Tuesday, Dec. 31, 2013. DEQ will hold a public meeting upon 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 making a final decision about this prospective purchaser agreement. 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 communications office at 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 COMMENT
PROPOSED CONSENT ORDER FOR PROSPECTIVE PURCHASE AGREEMENT FOR
MARCOLA KITCHEN PROPERTY, LANE COUNTY BY TOMAHAWK INVESTMENT GROUP LLC

COMMENTS DUE: Dec. 31, 2013

PROJECT LOCATION: 92178 Marcola Road, Marcola, Lane County, Oregon

PROPOSAL: The Department of Environmental Quality is proposing to enter into a consent order for a prospective purchaser agreement with Tomahawk Investment Group LLC concerning its acquisition of a property located at 92178 Marcola Road, Marcola, Ore. The property is currently vacant, and includes a restaurant and out of service gasoline station and related underground storage tanks. Tomahawk intends to purchase the property and reopen the restaurant as a Marcola community gathering center; there will be no gasoline station. The site cleanup numbers are LUST #20-96-7045 and #20-13-1477.

The gas station operated from the mid-1940s through 2012, and has had at least three generations of underground storage tanks installed. A petroleum release was reported at the property in 1996, and a no further action letter was issued when it was determined that soil and ground water contamination concentrations did not exceed applicable cleanup standards. However, soil and groundwater sampling data collected in 2012 as part of a “Phase 2” investigation indicated that soil and groundwater contamination significantly exceeded historical data collected in 1996.

Tomahawk proposes to allow DEQ access to the property for the purpose of completing an environmental investigation of petroleum contamination known to exist. The extent and magnitude of the contamination will be determined in order to evaluate the need for appropriate remedial actions to be taken to protect human health and the environment. This environmental investigation will include but may not be limited to, soil and groundwater sampling, soil gas sampling and removal of existing underground storage tank systems. Tomahawk will enter into an easement and equitable servitudes agreement as needed to prevent exposure risks to any contamination remaining after the investigation is completed. Tomahawk will contribute $10,000 towards the completion of the environmental investigation and subsequent remediation work.

Tomahawk’s remediation and redevelopment plans will provide a substantial public benefit to the community by returning a vacant building to economic use as a business and community gathering center, and also through accomplishing removal and cleanup of soil and groundwater contamination.

DEQ’s prospective purchaser agreement program was created in 1995 through amendments to Oregon’s environmental cleanup law. The prospective purchase agreement is a tool that expedites the 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 Tomahawk Investment Group LLC 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 judgment will also provide Tomahawk Investment Group LLC with third party liability protection.

HOW TO COMMENT: The project file may be reviewed by appointment at DEQ’s Western Region Coos Bay office at 381 North 2nd Street, Coos Bay, Ore. To schedule an appointment to review the file or to ask questions, please contact Eric Clough at 541-269-2721 x231. Summary information and copies of the documents referenced above are available in DEQ’s Leaking Underground Storage Tank database on the Internet. To review this material, go to www.deq.state.or.us/lq/tanks/lust/LustPublicLookup.asp then enter “20-13-1477” in the Site ID box and click “Submit” at the bottom of the page. To be considered, written comments should be sent to Eric Clough, Project Manager, at the address listed above or by email at clough.eric@deq.state.or.us and must be received by 5 p.m. on Dec. 31, 2013. A public meeting will be held upon written request by ten or more persons or by a group with a membership of 10 or more.

THE NEXT STEP: DEQ will consider all public comments received by the date and time stated above before making a final decision regarding the prospective purchaser agreement. 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 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.

Request for Comments
Proposed Removal from Confirmed Release List and Inventory for Cobb Landfill -- Haggen Development Site

Comments due: 5 p.m., Thursday, Jan. 2nd

Project location: 9055 SW Murray Boulevard, Beaverton, OR 97008

Proposal: The Oregon Department of Environmental Quality proposes to remove the Cobb Landfill – Haggen Development Site (ECSI # 3498) from the Confirmed Release List and Inventory. The 8.9 acre site includes a 61,100-square foot building, parking area, and access roads. The site is bounded by Murray Boulevard to the east, SW Gordonite Street to the south, residences to the west, and SW Maverick Terrace to the north.

Highlights: Cobb Rock Products operated a quarry at this location from approximately 1950 until 1970. The quarry was subsequently filled with construction debris including soil, concrete, asphalt and organic debris. In 2003, construction began on a Haggen Grocery Store on the west side of the property. A survey for potential contamination during construction found no problems other than occasional occurrences of methane.

The store was constructed with engineering controls in place to ensure methane did not enter the store or collect under the parking area. Methane monitoring started in 2005 with 11 separate monitoring events encompassing 40 locations performed through 2007. During these events, no methane was detected inside the building and only two detections were recorded in the parking area but at concentrations less than 10 percent of the action level.

Wal-Mart Stores, Inc. purchased the property in 2011and a final round of monitoring was performed at that time. Fifty locations were checked and no detections were found. In April 2013, DEQ released the site from its deed restriction known as easement and equitable servitude, required continued maintenance of the building floor and parking lot asphalt as an impermeable methane barrier. DEQ has determined that methane levels do not pose an unacceptable threat to public health, safety and welfare, or the environment and is proposing to remove the site from the Confirmed Release List and Inventory.

How to comment: Send comments by 5 p.m., Thursday, Jan. 2, 1014, to DEQ Project Manager Kenneth Cameron at 2020 SW 4th, Portland, OR, 97201, through e-mail at cameron.kenneth@deq.state.or.us or fax 503-229-6945.

To review the project file, please fill out the records request form at http://www.deq.state.or.us/records/RecordsRequestForm.pdf

To access site summary information and other documents in the DEQ Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm and click “Search complete ECSI data base.” Next, enter 3498 in the Site ID window and click “Submit” at the bottom of the page.

The next step: Once the comment period has closed all comments submitted will be reviewed and fully addressed by the Project Manager. Response to comments will be placed in the project file and made available to the public.

Accessibility information: DEQ is committed to accommodating people with disabilities. If you need information in another format, please contact DEQ toll free in Oregon at 800-452-4011, email at deqinfo@deq.state.or.us, or 711 for people with hearing impairments.

PUBLIC NOTICE
FINAL REMEDIAL ACTION AND NO FURTHER ACTION FOR NEW (EAST) ELEMENTARY SCHOOL SITE, SALEM, OR

PROJECT LOCATION: 2170 Walker Road NE, Salem, Marion County

PROPOSAL: The Department of Environmental Quality (DEQ) has selected a final remedy and is issuing a No Further Action decision regarding remediation activities at the above referenced site based upon an approval of work done to date and a Risk-Based Remedial Action Plan.

HIGHLIGHTS: The New Elementary School property is a 9.31 acre parcel previously used for growing agricultural crops (grass seed). Site investigations confirmed the presence of dieldrin impacted soil. The implemented remedial action capped the surface contamination by importing clean soil in those areas that were not being capped with asphalt, concrete or a building.

A conceptual site model was developed and a risk-based assessment performed showing that residual dieldrin do not pose an unacceptable risk through all reasonably likely complete exposure pathways.

If implemented as proposed, this risk-based remedial action will achieve protective conditions at the site as defined in OAR 340-122-0040.

If you have questions about this decision you may contact Mr. Bruce Scherzinger via email at scherzinger.bruce@deq.state.or.us , or by phone at 503-378-5038.

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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