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Oregon Bulletin

September 1, 2012

OTHER NOTICES

 

REQUEST FOR COMMENTSPROPOSAL TO UPDATE REIMBURSEMENT TO COUNTIES
FOR BABIES FIRST!/CACOON TARGETED CASE MANAGEMENT SERVICES

COMMENTS DUE: September 30, 2012

PROPOSAL: The Oregon Health Authority (OHA) is proposing to calculate an updated fee-for-service reimbursement rate for Babies First!/CaCoon targeted case management (TCM) services provided to Oregon Medicaid and Children’s Health Insurance Program (CHIP) clients. The rate is estimated to increase but the analysis is incomplete and the exact percentage increase is unknown at this time.

BACKGROUND: Babies First!/CaCoon TCM services improve access to needed medical and non-medical services for at-risk infants and children. The State Plan requires review of this program’s reimbursement rate every two years.

The rate will be re-calculated using existing methodology, using costs from recent cost allocation reports submitted by county health departments for the 2010–2011 fiscal year.

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 to update the effective date of the rate.

A CHANCE TO COMMENT ONPROPOSED CONSENT JUDGMENT FOR A PROSPECTIVE PURCHASER AGREEMENT
AT THE ELLIS DRY CLEANER (FORMER) PROPERTY, PORTLAND, OREGON

COMMENTS DUE: October 1, 2012

PROJECT LOCATION: 3300 N Williams Avenue, Portland, Oregon.

PROPOSAL: The Department of Environmental Quality (DEQ) is proposing to enter into a Consent Judgment for a Prospective Purchaser Agreement (PPA) with the 3300 N Williams LLC for the Ellis Dry Cleaner (former) property located at 3300 N Williams Avenue, Portland, Oregon (the “Property”).

HIGHLIGHTS: 3300 N Williams LLC (N Williams) is acquiring the Property to allow N Williams to provide beneficial redevelopment of the Property and increase the Property’s productive use. Contaminants related to the improper disposal of solvents related to historic dry cleaning operations are present in soil and soil vapor above DEQ’s screening values and therefore a cleanup is necessary.

Ellis Dry Cleaner operated on the Property from the early 1950’s to 1986. The operator of Ellis Dry Cleaner admitted to dumping approximately 0.5 gallons of the dry cleaning solvent tetrachloroethene (PCE) once a week during the operating history of the facility. The dry cleaning building was demolished in 2010 with only the building slab remaining. Since 2010, the site has been vacant and underutilized.

Soil and soil vapor samples collected at the Property show high levels of PCE in soil and soil vapor that exceed DEQ screening levels considered protective of human health. N Williams has conducted an evaluation of the property and has proposed actions to address the contamination.

The Consent Judgment will require N Williams to complete a remedial action at the property to reduce levels of PCE and its daughter products (including trichloroethene [TCE], 1,1,-dichloroethene [1,1-DCE], trans-1,2-dichloroethene[trans1,2-DCE), cis-1,2-dichloroethene[cis-1,2-DCE], and vinyl chloride) in soil and soil vapor to below hot spot levels, remediate soil and soil vapor to below applicable screening levels on and below the Property, and reduce soil vapor concentrations at the Property boundary to below residential screening levels and/or control the migration of soil vapors off of the Property. N Williams has proposed injection of oxygen releasing compounds and the installation of a soil vapor vacuum to address contamination at the Property. DEQ reserves the right to require an institutional and/or engineering control on the Property to achieve protective conditions for current and future use. The decision to require a site restriction will be based on DEQ’s determination of the level of protection provided by the remedial actions performed on the property.

N Williams will agree to provide access to the Property for any additional investigation and removal or remedial actions that may be required.

DEQ’s Prospective Purchaser Program was created in 1995 through amendments to the state’s Environmental Cleanup Law. The Prospective Purchaser Agreement is a tool that facilitates the cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a property with existing contamination. DEQ has approved more than 100 Prospective Purchaser Agreements throughout the State since the program began.

The proposed Consent Judgment will provide 3300 N Williams LLC with a release from liability for claims by the State of Oregon under ORS §465.255 relating to any historical releases of hazardous substances at or from the Property. The proposed Consent Judgment will also provide 3300 N Williams LLC with protection from potential contribution actions by third parties for recovery of remedial action costs associated with any historical releases at or from the Property. DEQ retains all existing rights it may have as to all other parties potentially liable for any releases.

HOW TO COMMENT: Written comments concerning the proposed Consent Judgment should be sent to Rebecca Wells-Albers,
wells-albers.rebecca@deq.state.or.us, at DEQ’s Northwest Region Office, 2020 SW 4th Avenue, Suite 400, Portland, Oregon 97201-4987. Comments must be received by DEQ by 5:00 pm October 1, 2012. Questions may be directed to Ms. Wells-Albers at that address or by calling (503) 229-5585. The proposed Consent Judgment and DEQ file on the Property may be reviewed at DEQ’s Northwest Region office in Portland by contacting Dawn Weinberger at (503) 229-6729.

Upon written request by ten or more persons, or by a group having ten or more members, a public meeting will be held to receive verbal comments on the proposed Consent Judgment.

THE NEXT STEP: DEQ will consider all public comments. A final decision concerning the proposed Consent Judgment will be made after consideration of public comments.

PUBLIC NOTICE AND REQUEST FOR COMMENTS
Proposed Prospective Purchaser Agreement with Northwest Zen Sangha doing business
as Dharma Rain Zen Center for Former LaVelle Landfill Project in Portland, Oregon

Comments Due: October 1, 2012

Project Location: The eastern half of the former H.G. LaVelle Landfill property located south of NE Siskiyou Street and east of NE 82 Avenue, Portland, Oregon (Property).

Proposal: The Department of Environmental Quality (DEQ) proposes to enter into a prospective purchaser agreement (PPA) with Northwest Zen Sangha doing business as Dharma Rain Zen Center (DRZC).

History:The Property was part of a larger gravel quarry owned and operated by Rose City Sand & Gravel Co. from at least 1936 until 1972, during which time it was excavated to a reported depth of 80 feet. From 1972 and 1982, the former gravel quarry received construction debris, land clearing debris, and other solid waste materials as the H. G. LaVelle Solid Waste Landfill. Wood and other organic materials buried at the landfill began generating methane gas, and in 1979 a methane gas extraction system was installed along the landfill’s north and west boundaries. Its main purpose was to mitigate subsurface methane migration into the neighborhood north of the landfill and to protect properties located west of the landfill along 82nd Avenue . In 1982, waste disposal activities ceased and the landfill closed. Landfill closure included the addition of a vegetated soil cover and storm water drainage improvements. In 2009, the methane gas extraction system was expanded along the south boundary of the landfill to protect residential neighbors in that area. . The Property has remained essentially unchanged since that time. The subsurface migration and surface venting of methane and other landfill gases is the primary environmental concern at the site. Limited ground-water monitoring indicates that groundwater contamination is not a significant concern.

Proposed Use: DRZC proposes to develop the Property into a religious institutional campus. The central core of the Property will be developed into a formal temple site, surrounded by ample landscaped and native open space, and a co-housing community for members of the temple to the north. The temple proper will contain facilities for religious assembly, temple administration, classes, group housing for monastic residents, and children’s programs. This is an attractive, compatible, low-impact use that serves the local and regional community by restoring derelict land to productive use, drawing visitors to the area, and bringing a strong presence and value of stewardship to the land.

Benefits: DRZC proposes to develop this prominent, vacant brownfield in accordance with the regional government’s values and priorities, and with the enthusiastic support of the local neighborhoods. Creating a thriving campus on the Property would provide significant economic, aesthetic, recreational and environmental benefits to the surrounding community. DRZC also plans to preserve open space and improve natural areas on the Property, which is a pivotal connective piece in the overall scheme of Portland’s green infrastructure. This proposed use also protects the public and the environment from any residual conditions at the former landfill by maintaining the integrity of the soil cover and significantly reducing infiltration of precipitation through the landfill.

Liability: The PPA will enable DRZC to purchase and develop the Property without having to assume the liability for release of methane and other hazardous substances, mostly associated with the former landfill. However, under the terms of the PPA the Property will remain under DEQ oversight until there are no unacceptable environmental risks associated with the former landfill on the Property. In addition, as part of the larger former landfill property, the Property will remain subject to the requirements of the Solid Waste Landfill Closure Permit (Permit) for the entire approximate 26-acre Property. The Permit will remain the responsibility of the seller or its successor.

PPA Program: DEQ created the PPA Program in 1995 through amendments to the state’s Environmental Cleanup Law. The prospective purchaser agreement is a tool that facilitates the beneficial reuse of contaminated property and its cleanup, and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing contaminated property. DEQ has approved many prospective purchaser agreements throughout the state since the program began.

How To Comment: Send written comments by 5 p.m. October 1, 2012, to DEQ Project Manager Tim Spencer, spencer.tim@deq.state.or.us, at DEQ’s Northwest Region Office, 2020 SW 4th Avenue, Suite 400, Portland, Oregon 97204-4987, or 503-229-5826. To review the project file, call Dawn Weinberger at (503) 229-6729 for a file review appointment. To access the proposed PPA along with site summary information and other documents in DEQ’s Environmental Cleanup Site Information database, go to: http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=5694&SourceIdType=11

Upon written request by 10 or more persons or by a group with a membership of 10 or more, DEQ will hold a public meeting to receive verbal comments.

The Next Step: DEQ will consider all public comments received by the end of the comment period before making a final decision regarding the PPA.

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.

A CHANCE TO COMMENT ON
PROPOSED CONSENT JUDGMENT FOR A PROSPECTIVE PURCHASER AGREEMENT GOVERNING
A PORTION OF THE PECO SITE, MULTNOMAH COUNTY, OREGON

COMMENTS DUE: Monday, Oct. 1, 2012.

PROJECT LOCATION: 4707 SE 17th Avenue, Portland, Oregon.

PROPOSAL: The Department of Environmental Quality is proposing to enter into a Consent Judgment for a Prospective Purchaser Agreement with the Tri County Metropolitan Service District, known as Tri Met, for the Milwaukee Light Rail construction including public transit facilities, infrastructure and related improvements located at and the PECO property adjacent to 4707 SE 17th Avenue, Portland, Oregon.

HIGHLIGHTS: PECO, Inc. began operations at the site in 1938 and has used the Property continuously for the manufacture of aircraft parts and other materials. Plant operations have resulted in contamination of soil and groundwater with solvents. A series of remedial investigations, removal and cleanup actions have been conducted at the site under DEQ, however cleanup has not been fully completed. DEQ’s August 2012 Record of Decision authorizes a final site remedy consisting of removal of contaminated soil in the West Plant source area, treatment of remaining groundwater contamination, and extraction and treatment of soil vapor.

The Prospective Purchaser Agreement will allow Tri Met to acquire a portion of the PECO Property, including the West Plant building where soil and groundwater contamination are present, and construct and operate a portion of the Milwaukee Light Rail Project on that Property.

DEQ’s Prospective Purchaser Program was created in 1995 through amendments to the state’s Environmental Cleanup Law. The Prospective Purchaser Agreement is a tool that facilitates the beneficial reuse of contaminated property and its cleanup and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing contaminated property. DEQ has approved many Prospective Purchaser Agreements throughout the State since the program began.

The proposed Consent Judgment will provide Tri Met with a release from liability for claims by the State of Oregon under ORS Chapter 465 relating to historical releases of hazardous substances at or from the PECO Property. The proposed Consent Judgment will also provide Tri Met with a covenant not to sue and release of potential natural resource damage liability and protection from potential contribution actions by third parties relating to the releases at or from the property. In addition, DEQ and Tri Met intend for the Consent Judgment to be construed as a judicially approved settlement, by which Tri Met has resolved its liability to the State of Oregon regarding matters addressed in this Consent Judgment, within the meaning of Section 113(0(2) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9613(0(2), and for Tri Met to not be liable for claims for contribution regarding matters addressed in this Consent Judgment to the extent provided by Section 113(0(2) of CERCLA, 42 U.S.C. §9613(0(2).

HOW TO COMMENT: Send written comments concerning the proposed Consent Judgment by 5 p.m. Oct. 1, 2012 to Dan Hafley, hafley.dan@deq.state.or.us or DEQ’s Northwest Region Office, 2020 SW 4th Avenue, Suite 400, Portland, Oregon 97201-4987. For more information contact Mr. Hafley at 503-229-5417. The proposed Consent Judgment and DEQ file on the PECO Property may be reviewed at DEQ’s Northwest Region office in Portland by contacting Dawn Weinberger at 503-229-6729.

Upon written request by ten or more persons, or by a group having ten or more members, a public meeting will be held to receive verbal comments on the proposed Consent Judgment.

THE NEXT STEP: DEQ will consider all public comments. A final decision concerning the proposed Consent Judgment will be made after consideration of public comments.

A CHANCE TO COMMENT ON A PROPOSED CONSENT ORDER FOR A PROSPECTIVE PURCHASER AGREEMENT
AT THE FORMER GREGORY MILLSITE AND ADJACENT FORMER GUN CLUB WEST OF EUGENE OREGON

COMMENTS DUE: September 30, 2012

PROJECT LOCATION: 88233 Greenhill Road, Eugene, Oregon

PROPOSAL: The Department of Environmental Quality (DEQ) is proposing to enter into a Consent Order for a Prospective Purchaser Agreement (PPA) Lost Creek Rock Products, LLC (Lost Creek) for the former Gregory Mill site and adjacent former gun range.

HIGHLIGHTS: Lost Creek is acquiring the Property and will install a large soil cap over contaminated soils at the former mill site and will restrict access to the former gun club to limit human and exposure to site related contaminants.

During historical use of the property as a mill site, from the 1940s to the 1970s, a wood preservative called pentachlorophenol (penta) was used at the site. Historical practices at the site led to widespread penta contamination. Dioxin commonly co-occurs with penta and there is widespread dioxin contamination as well. Over the years, the penta broke down in the environment due to exposure to the elements, but the dioxin was much more persistent and is still present across the former mill site at concentrations that could cause an unacceptable risk to future site users.

Lost Creek has agreed to construct a gravel cap over the dioxin contaminated soils, isolating them from human contact. The cap will be memorialized in an Easement and Equitable Servitude (deed restriction) requiring Lost Creek and future property owners to maintain the cap forever.

A gun range was operated on the adjacent property from the 1930s to the 1960s, depositing large amounts of lead and other metals onto the ground. Very high concentrations of lead are present in shallow soils across the gun range site. Nearly the entire gun range site is a designated wetland, and provides very high quality ecological habitat. There are many sensitive, threatened and endangered plant species on the site. Based on DEQs review of available technologies, there are no cleanup alternatives that would not pose a risk to the sensitive, threatened and endangered species on the site. Therefore, DEQ recommends leaving the site as-is and limiting human access as a means to control risk to site users.

Lost Creek has agreed to maintain the site in its current undeveloped state forever and has agreed to post signs warning potential trespassers of the risk of lead exposure at the site.

Lost Creek’s plans provide a substantial benefit to the State of Oregon by isolating dioxin contaminated soils from human contact and by maintaining the former gun club in a perpetual state of conservation. In addition, Lost Creek will develop the site into a railroad load out facility, providing additional local tax revenue and jobs.

DEQ’s Prospective Purchaser Program was created in 1995 through amendments to the state’s Environmental Cleanup Law. The Prospective Purchaser Agreement is a tool that facilitates the cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a property with existing contamination. DEQ has approved more than 90 Prospective Purchaser Agreements throughout the State since the program began.

The proposed Consent Order will provide Lost Creek with a release from liability for claims by the State of Oregon under ORS §465.255 relating to any historical releases of hazardous substances at or from the Property. The proposed Consent Order will also provide Lost Creek with protection from potential contribution actions by third parties for recovery of remedial action costs associated with any historical releases at or from the Property. DEQ retains all existing rights it may have as to all other parties potentially liable for any releases.

HOW TO COMMENT: Written comments concerning the proposed Consent Order should be sent to Geoff Brown at 167 E 7th Avenue, Eugene, OR 97401. Comments must be received by DEQ by 5:00 pm September 30, 2012. Questions may be directed to Mr. Brown that address or by calling (541)686-7819. The proposed Consent Order and DEQ file on the Property may be reviewed at DEQ’s Western Region office in Eugene by contacting Geoff Brown at (541) 686-7819. Upon written request by ten or more persons, or by a group having ten or more members, a public meeting will be held to receive verbal comments on the proposed Consent Order.

THE NEXT STEP: DEQ will consider all public comments. A final decision concerning the proposed Consent Order will be made after consideration of public comments.

PUBLIC NOTICE AND REQUEST FOR COMMENTS
DEQ Proposes Prospective Purchaser Agreement Consent Order with MC Chuckwagon LLC

Comments due: 5 p.m., Oct. 1, 2012

Project location: Mile Hi Service, 350 N F St., Lakeview

Proposal: The Department of Environmental Quality proposes to enter into a prospective purchaser agreement consent order with MC Chuckwagon LLC to facilitate the sale and redevelopment of the property. MC Chuckwagon LLC will remove the existing site building and construct a building to display a historic chuck wagon from the old MC Ranch in Adel for educational and historical benefit. This development will result in a substantial public benefit.

The consent order is a tool that facilitates the beneficial reuse of contaminated property and its cleanup and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing contaminated property. The prospective purchaser program was created in 1995 through amendments to the state’s environmental cleanup law. DEQ has approved over 100 prospective purchaser agreements throughout the State.

Highlights: A gas station operated on the property from the 1920s to 1992. Petroleum releases from the former station contaminated soil and groundwater. DEQ was initially notified of the contamination in April 1991. Efforts have been made to investigate and cleanup the contamination by the current owners. Additional investigations at locations west of the Property will likely be performed to determine the full extent of the contamination and to determine if additional cleanup actions are needed.

The consent order will require MC Chuckwagon LLC to place institutional controls on the property precluding usage of the property for residential purposes or the use of the groundwater and requiring the installation of a vapor barrier beneath any future structure built on the property. MC Chuckwagon LLC will also agree to provide access to the property for any additional investigation and removal or remedial actions that may be required; prepare a contaminated media management plan; and cap the property through use of building foundations, asphalt, or concrete.

The proposed consent order will provide MC Chuckwagon LLC with a release from liability for claims by the State of Oregon under Oregon Revised Statute §465.255 relating to any historical releases of hazardous substances at or from the property. The proposed consent order will also provide MC Chuckwagon LLC with protection from potential contribution actions by third parties for recovery of remedial action costs associated with any historical releases at or from the property. DEQ retains all existing rights it may have as to all other parties potentially liable for any releases.

How to comment: Send comments by 5 p.m., Oct. 1, 2012, to DEQ Project Manager Marcy Kirk by phone at 541-633-2009, by mail at 475 NE Bellevue, Suite 110, Bend, OR 97701, by e-mail at Kirk.Marcy@deq.state.or.us or by fax at 541-388-8283.

To access site summary information, the draft consent order, and other documents in DEQ’s Leaking Underground Storage Tank database, go to www.deq.state.or.us/lq/tanks/lust/LustPublicLookup.asp, enter 19-91-0030 in the LUST Number box and click “Lookup” at the bottom of the form. Next, click the link labeled 19-91-0030 in the Log Number column. To review the project file, contact the project manager above for a file review appointment.

The Next Step: DEQ will consider all public comments received before making a final decision on the proposed consent order. DEQ will provide written responses to all public comments received.

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.

Notice of Record of Decision
Remedy Selection for Historical Contamination at the Former Fred Wahl Marine Site

Project location: 621 and 1000 Altree Lane, Toledo

Proposal: DEQ has selected excavation of contaminated sediments and restriction of upland area land use as the final cleanup action for the Fred Wahl Marine site, currently owned and operated by the Port of Toledo. The selection was made in accordance with Oregon Revised Statutes (ORS) 465.200 et. Seq. and Oregon Administrative Rules (OAR) Chapter 340, Division 122, Sections 010 through 115. The property is located at 621 and 1000 Altree Lane, Toledo, Oregon, which includes tax lots 400, 500, 601, and 1500.

Highlights: Historic boatyard operations resulted in soil and sediment contamination at the site requiring cleanup. DEQ recommended that the upland area of the site be restricted to industrial use only and that sediments containing levels of copper and tributyltin above ecological standards should be excavated and placed either upland at the site or in a permitted landfill. A 30-day comment period on this proposed remedy was held in September 2010. After addressing public comments, DEQ selected the proposed remedy as the final remedy. The remedy for the upland area is a deed restriction for future residential use of the property and the remedy for the sediment/tidal area is to remove approximately 2,991 cubic yards of contaminated sediments and place them in a disposal cell on the upland property or in a permitted landfill.

Based on available data, once these actions have been taken, the site will be considered safe for commercial or industrial uses and will return the sediment to a condition that will prevent potential adverse impacts to marine life from direct contact with and ingestion of contaminated sediments. In addition, the Port of Toledo is obligated to follow DEQ’s 2000 “Best Management Practices for Shipyards” guidance during future use of the property as marine industrial property.

To review the project file, call Susan Turnblom at 541-687-7464 for a file review appointment.

To access site summary information and other documents in DEQ’s Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, then enter ECSI site number 3536 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled ECSI #3536 in the Site ID/Info column.

The next step: The next step for this project will be for the Port of Toledo to prepare a remedial action plan describing how they plan to excavate and dispose of the contaminated sediment. The implementation of the remedial action plan will require state and federal permits.

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 AND REQUEST FOR COMMENTS
Proposed No Further Action for the Mill City Fairview and First Site

Comments due: 5 p.m., October 1, 2012

Project location: 444 S First Ave., Mill City

Proposal: The Oregon Department of Environmental Quality’s Voluntary Cleanup Program proposes to issue a no further action determination for the Mill City Fairview and First site located at 444 S First Ave., Mill City. DEQ issues a no further action determination when a cleanup has met regulatory standards.

Highlights: Localized areas of petroleum contaminated soil were encountered during the construction of the new city hall in December 2011. Approximately 430 tons of petroleum contaminated soil was excavated and transported to Riverbend Landfill for disposal. Up to 15 cubic yards of shallow soil with field evidence of contamination was left in place due to the material’s proximity to the building or other site structures. This material has been or will be capped further as a result of the site’s development limiting the potential for exposure. The Voluntary Cleanup Program has reviewed remedial actions performed at the site and has determined no further action is required.

How to comment: Send comments by 5 p.m., October 1, 2012, to DEQ Project Manager Katie Robertson by phone at 541-278-4620, by mail at 700 SE Emigrant, Suite 330, Pendleton, OR 97801, by e-mail at robertson.katie@deq.state.or.us or by fax at 541-278-0168.

To access site summary information and other documents in DEQ’s Environmental Cleanup Site Information database, go to www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database” link, enter 5682 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 5682 in the Site ID/Info column. To review the project file, contact the project manager above for a file review appointment.

The Next Step: DEQ will consider all public comments received before making a final decision on the proposed no further action determination. DEQ will provide written responses to all public comments received.

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.

Request for Comments
Proposed No Further Action for the Former Bates Lumber Mill

Comments due: 5 p.m., October 1, 2012

Project location: Township 11S, Range 35E, Section 21 and 28, Bates, Oregon, Grant County

Proposal: The Oregon Department of Environmental Quality proposes to issue a no further action determination for the Environmental Cleanup Program site #2950: Bates Lumber Mill (former), located in Bates, Oregon. DEQ issues a no further action determination when an environmental cleanup has met regulatory requirements with a restrictive condition.

Highlights: The site is located on approximately 131 acres in Bates, Oregon, Grant County. The main lumber mill operations occurred on approximately 25 acres of the parcel, on a relatively flat portion of the property bordering the Middle Fork of the John Day River and Bridge Creek. The Bates lumber mill and town were reportedly in existence from the early 1900’s to 1970. Release of hazardous substances occurred to soil, sediment, and groundwater as a result of the historic mill operations. The site was recently developed into an Oregon State park. A notice will be filed with the deed prohibiting use of shallow groundwater for domestic purposes. DEQ has determined that the cleanup meets the requirements of Oregon Revised Statute 465.315. Pollutant levels remaining in soil and potentially in groundwater after the cleanup actions are protective of human health and the environment.

How to comment: Send comments by 5 p.m., October 1, 2012 to DEQ Project Manager Marcy Kirk by mail at 475 NE Bellevue Drive, Suite 110, Bend, OR 97701, by email at kirk.marcy@deq.state.or.us or, or by fax at 541-388-8283.

To review the project file, call Marcy Kirk at 541-633-2009 for a file review appointment. To access site summary information and the staff report in DEQ’s Environmental Cleanup Site Information (ECSI) database on the Internet, go to http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter 2590 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 2590 in the Site ID/Info column.

The Next Step: DEQ will consider all public comments received before making a final decision on the proposed conditional no further action determination. DEQ will provide written responses to all public comments received.

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.

Request for Comments/Information Meeting/Hearing
Proposed Cleanup Action Settlement and Compost Registration Permit for Lakeside Reclamation Landfill

Comments due: 5 p.m., Monday, Oct. 15, 2012

Project location: 14930 SW Vandermost Road, Beaverton, Oregon

Information Meeting: DEQ will hold an information meeting 7 p.m. Sept. 18, 2012, at the Beaverton City Hall, City Council Chambers, 4755 Griffith Dr. Beaverton, OR 97076. At this meeting, DEQ staff will share information and answer questions about the proposed cleanup action settlement, solid waste landfill permit termination and proposed compost registration permit for Lakeside Reclamation Landfill.

Hearing: DEQ will hold a public hearing 7 p.m. Tuesday, Oct. 2, 2012 at the Beaverton Community Center 12350 SW 5th Street, Suite 100, Beaverton, OR 97076. At the hearing, DEQ will receive formal comments on the proposed consent order and draft compost registration permit.

Proposal: DEQ is opening a 45-day public comment period beginning Sept. 1, 2012 on a proposed settlement between DEQ, Grabhorn Inc. and Howard Grabhorn to fund the cleanup action to address groundwater contamination at the former Lakeside Reclamation Landfill.

The settlement would be in the form of a consent judgment, and would require the parties to pay DEQ specified amounts to be used by DEQ complete the cleanup, landfill cover improvements and landfill post-closure maintenance and monitoring. The current post-closure permit issued by DEQ to Grabhorn Inc. would be terminated. In return, the settling parties would receive a covenant not to sue from the State of Oregon and contribution protection as to third parties regarding the matters addressed by the settlement.

The cleanup remedy selected by DEQ in December 2011 includes groundwater extraction and treatment to protect the Tualatin River and improvements to the existing landfill cover to minimize or eliminate further groundwater contamination.

DEQ is also taking comments on the proposed compost registration permit for the Lakeside Reclamation Landfill compost operations. DEQ reviewed the application received on March 15, 2010, conducted an environmental screening and determined that the compost operations pose a low risk for surface water, groundwater, odor and vector concerns. Lakeside submitted a permit application under compost rules adopted in September 2009. As Lakeside was timely in submitting permit applications, the current compost operations are allowed to continue operating under the expired compost permit until DEQ completes the compost permitting process. DEQ proposes to issue a compost registration permit that will be good for 10 years.

Highlights: Lakeside Reclamation Landfill is a 37-acre former construction debris landfill that operated since the early 1950s until closure in 2009. Beginning in the late 1990s, levels of various landfill related contaminants began rising in groundwater sampled from monitoring wells located between the landfill and the Tualatin River. Grabhorn Inc. entered the DEQ Cleanup Program in 2005 to evaluate the need for corrective action for contaminants in groundwater in excess of their DEQ landfill permit concentration limits. DEQ determined that contaminated groundwater seepage to the river posed a potentially significant adverse affect on beneficial uses of the river but posed no significant human health risks.

Grabhorn completed a feasibility study to identify potential options to remedy the potential adverse affects. DEQ selected the cleanup action following consideration of public comments on the proposed remedy issued for public comment. The selected remedy uses groundwater wells to pump contaminated groundwater to the surface for treatment prior to land application or direct discharge to the Tualatin River, and improvements to the landfill cover to minimize further leachate generation caused by percolation of rainfall through landfill wastes.

Most of the landfill post-closure maintenance and monitoring requirements were included as elements of the cleanup remedy selected by DEQ making the permit unnecessary to maintain during cleanup. Grabhorn Inc. will continue with its composting and other business activities subject to a permit to be issued by DEQ.

Lakeside accepts “Type 1” compost feedstock consisting of yard debris and woody waste. Feedstock is composted using static piles that are turned periodically. DEQ has determined that the compost operations pose a low risk to surface water and ground water and a low risk for odors.

How to comment: The draft settlement agreement and project file may be reviewed by appointment at DEQ’s Northwest Region Office at 2020 SW 4th Avenue, Portland, OR 97212. To make an appointment please contact Dawn Weinberger at 503-229-6729.

To review the proposed compost registration permit files, please contact Holly Pence at 503-229-5353. You may also view the proposed permit and evaluation report at this link: http://www.deq.state.or.us/nwr/LakesideReclamation.htm

To access site summary information and the proposed consent judgement in DEQ’s Environmental Cleanup Site Information (ECSI) database on the Internet, go to www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter ECSI#4413 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled ECSI #4413 in the Site ID/Info column.

Send comments on the proposed settlement by 5 p.m., Monday, Oct. 15, 2012to Bruce Gilles at 2020 SW 4th Avenue, Portland, OR 97212, or gilles.bruce@deq.state.or.us. Send comments on the proposed compost permit to Holly Pence at the same address, or pence.holly@deq.state.or.us.

The Next Step: DEQ will review and consider all comments received at the hearing or during the comment period. If DEQ then determines to enter into the settlement with Grabhorn Inc. and Howard Grabhorn, a consent judgment will be filed with the Washington County Circuit Court. The court must approve the consent judgment for it to take effect.

DEQ will also review comments received at the hearing or during the comment period on the proposed compost registration permit and decide whether to issue the registration permit and what additional conditions might be needed to address comments received.

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.

Request for Comments
Selected Cleanup Approach and Proposed Consent Judgment for Canoe Bay in Portland

COMMENTS DUE: 5 p.m., Monday, Oct. 1, 2012

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

PROPOSAL: The Department of Environmental Quality has selected the cleanup approach for certain contaminated shoreline and bank areas of Canoe Bay, an inlet off the Columbia River on the north side of Hayden Island, in Portland. As part of a larger shoreline stabilization project in this area, DEQ has determined that capping contamination present along the western shoreline of the bay adjacent to the property is the preferred cleanup action.

DEQ invites public comment on a proposed consent judgment with Inland Sea Maritime Group LLC and Schooner Creek Boatworks Inc. The consent judgment outlines DEQ oversight of implementation of the 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 to Canoe Bay.

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

Before these parties’ respective ownership and tenancy, dumping occurred into and around Canoe Bay between 1966 and 1989, and created a debris pile on the eastern shoreline of Canoe Bay. Sampling of Canoe Bay sediments and shoreline soils indicates the presence of contaminants including polychlorinated biphenyls (commonly known as PCBs), metals, polycyclic aromatic hydrocarbons, and tri-butyl tin. The highest levels of contamination were found in the vicinity of the debris pile. Elevated levels of metals and tri-butyl tin were also found in the vicinity of the Schooner Creek Boat Works stormwater outfall; stormwater is now pretreated.

DEQ held a public comment period on the proposed capping of shoreline contamination associated with the debris pile and stormwater outfall in July 2012. No comments were received.

The cleanup action will include capping and stabilizing the shoreline contamination areas in conjunction with a broader shoreline stabilization project. The clean-up will include placing a capping system on the steeper portions of the shoreline and a clean sand cap from the foot of the slope out approximately 12 feet into the bay. The capping system consists of non-biodegradable polypropylene bags filled with soil and tied together to create a stable cap that will support vegetation. Containerized plants will be placed in conjunction with the capping system and will act to lock the bags to each other and the surrounding soil. The sand cap will cover a zone of contaminated sediment adjacent to the shoreline. The shoreline cap will cut off exposure to contaminants and prevent further erosion of contaminated material into Canoe Bay. Once this source is controlled, DEQ expects that over time, clean sediments will cover existing contamination in the bay, reducing concentrations to protective levels.

To address natural resource damage concerns associated with the contamination, the parties are incorporating habitat enhancement measures into the shoreline work including: placement of root wads for shade and habitat for fish and organisms that live in the sediment, removal of asphalt and concrete present on the shoreline, and planting native vegetation. To address contribution to contamination in the bay sediments, the parties are providing $50,000 to DEQ to cover costs associated with long term monitoring of Canoe Bay sediment conditions once this source area is contained.

HOW TO COMMENT: View the draft consent judgment and Record of Decision at DEQ’s Northwest Region Office in Portland and on line at http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=3333&SourceIdType=11. 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 Monday, October 1, 2012 to DEQ Project Manager, Jennifer Sutter, DEQ Northwest Region, 2020 SW 4th Ave., Portland, OR 97201 or sutter.jennifer@deq.state.or.us. For more information contact Sutter at 503 229-6148.

THE NEXT STEP: DEQ will review and consider all comments received during the comment period. If DEQ determines 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.

The site owner is preparing remedial design documents and completing permitting procedures to implement the action in September/October 2012.

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 & 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 DEQ’s 711.

Request for Comments
Proposed Cleanup Approval for Station Place-Lot 2

COMMENTS DUE: Sept. 30, 2012

PROJECT LOCATION: 810 NW Marshall, Portland, OR 97209

PROPOSAL: The Department of Environmental Quality invites public comment on a proposed no further action decision for Lot 2 of the Station Place Redevelopment site. The site is part of a larger 7.1-acre property historically referred to as Union Station-Horse Barn. Lot 2 has been redeveloped and is currently occupied by the Ziba design firm headquarters building.

HIGHLIGHTS: Station Place is located at the northeast corner of NW Lovejoy Street and NW 9th Avenue in downtown Portland, and consists of six individual blocks. In the late 1800s to 1970s the property was used as a rail yard. The Portland Development Commission purchased the property in 1987, and initiated environmental investigation through DEQ’s Voluntary Cleanup Program in 1999. Soil and groundwater were determined to contain elevated metals and volatile and semi-volatile organic compounds, mostly from an off-site manufactured gas plant, and pose a risk to site occupants. Contaminated soil removal actions were completed in 2001 and 2003, and a Record of Decision approved by DEQ in 2003 which identified capping of all six lots -1, 2, 3, 4, 5, and 7 - and vapor mitigation on Lots 1 and 2 as the remedy to address remaining site contamination. Capping on Lots 1, 3, and 7 was performed starting in 2003 concurrent with site development. After completion, DEQ issued no further action decisions for each lot. Temporary caps are in place on Lots 4 and 5 pending redevelopment. On Lot 2, installation of the required soil vapor collection system and vapor barrier, and capping of the entire 0.7-acre Lot 2 property, was completed in 2009 during redevelopment. Redevelopment involved the construction of a 2-story commercial building, and paving of the remainder of the site other than a few small vegetated areas. Two rounds of vapor monitoring were performed to confirm that contaminated vapor is not entering the building. A closure report outlining cleanup activity on Lot 2 was approved by DEQ in 2009, and a deed notice recorded with the property in 2011 identifying ongoing monitoring requirements for the site cap and groundwater use restrictions. Based on this information, DEQ has proposed a no further action determination for Lot 2.

HOW TO COMMENT: Site files are available for public review at the DEQ Northwest Region Office in Portland. To schedule an appointment to review files please call 503-229-6729. The DEQ Project Manager is Daniel Hafley, 503-229-5417. Send written comments to the Project Manager, DEQ, Northwest Region, 2020 SW 4th Ave., Portland, OR 97201 or hafley.dan@deq.state.or.us by September 30, 2012.

THE NEXT STEP: DEQ will consider all public comments and the Northwest Cleanup Section Manager will make and publish the final decision after consideration of these comments.

 

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