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About Smoke signals. (Grand Ronde, Or.) 19??-current | View Entire Issue (Aug. 1, 2019)
6 Smoke Signals AUGUST 1, 2019 DEQ plans early August decision on Blue Heron agreement By Dean Rhodes Smoke Signals editor OREGON CITY – The state De- partment of Environmental Qual- ity plans on reaching a decision in early August on a prospective purchaser agreement with the Grand Ronde Tribe regarding the 23-acre Blue Heron Paper Mill site after holding a public meeting on Wednesday, July 17, at the Muse- um of the Oregon Territory. A prospective purchaser agree- ment would release the Grand Ronde Tribe from liability regard- ing existing hazardous substance releases at or from the property, which has a long history of in- dustrial usage dating back to the mid-1800s. The public meeting was attended by approximately 30 people with about half of the audience being ei- ther Department of Environmental Quality or Tribal government staff members. Three public comments were accepted after an hour of presen- tations, including one from Grand Ronde Tribal member Ann Lewis. Cheryl Grabham, Regional Solu- tions Team liaison with the Depart- ment of Environmental Quality, called the Blue Heron Paper Mill site a high priority project. Prospective Purchaser Program Coordinator Cheyenne Chapman said there are currently more than 200 prospective purchaser agree- ments in effect statewide. Approved by the Legislature in 1995, the agreements are designed to expe- dite the cleanup of contaminated properties and encourage property transactions that would otherwise not occur because of liabilities associated with purchasing a con- taminated site. Chapman said the two-party, government-to-government agree- ment between the state and Tribe is a “very good fit” and will provide a substantial public benefit since it will clean up and redevelop the property, which has not been in use since 2011. Grand Ronde Ceded Lands Man- ager Michael Karnosh gave a brief history lesson of the Grand Ronde Tribe’s connection to Willamette Falls from time immemorial to cur- rent-day dipnet fishing and Pacific lamprey harvesting. His presenta- tion was titled “A Plan for Tribal Re-acquisition and Stewardship at Willamette Falls” and explained why the Tribe is culturally inter- ested in purchasing the property. Mark Pugh, project manager with the Department of Envi- ronmental Quality, reviewed the potential cleanup activities that will be required at the Blue Heron site, which includes more than 50 buildings and structures. Environmental concerns range from asbestos and lead-based paints in the buildings to mercury and polychlorinated biphenyls in the soil. However, Pugh said, in- termittent flooding of the property over the years has keep soil con- tamination lower than one might expect. According to a Scope of Work released by DEQ on July 1, the Tribe “intends to conduct investi- Photos by Timothy J. Gonzalez Ceded Lands Program Manager Michael Karnosh makes a presentation about the history of the Willamette Falls area and plans for cultural re-engagement during the Department of Environmental Quality public meeting on the Grand Ronde Tribe’s proposed prospective purchaser agreement to buy the former Blue Heron Paper Mill site in Oregon City on Wednesday, July 17. of Euro-American settlers that the area became contaminated. He suggested that either the federal government, state or Metro region- al government, or a combination thereof, foot the bill. Lewis said she was most con- cerned about what would occur if Tribal artifacts or remains are found on the site as demolition and development occurs and whether federal guidelines would be fol- lowed. Chapman said any finding of artifacts or human remains would require an immediate work stop- page and confidentially contacting the Tribe under an inadvertent discovery plan. “As a descendant of the Clacka- mas and the Molalla Tribes, I would say there is a really good chance that my ancestors were here,” Lewis said. “I understand that the development is taking place and I am happy to see that a cleanup is going to happen. My concern is for artifacts and possible remains. … Our people, we all know, were at the falls and were fishing there and were camping there. I am con- cerned about the artifacts and the sacred things that are going to be under those buildings. … I would like to see that remains be removed and taken back to Grand Ronde where they can be handled the way they should be because they weren’t for the last two centuries.” Other Tribal government em- ployees in attendance besides Hernandez, Karnosh and White were Deputy Press Secretary Sara Thompson, Senior Staff Attorney Jennifer Biesack, Historic Preser- vation Manager Briece Edwards and Senior Archaeologist Jessica Curteman. Tribal member Tracy Moreland also attended, but did not publicly comment. Additional public comments re- garding the proposed prospective purchaser agreement were accept- ed through Wednesday, July 31, after which the Department of En- vironmental Quality will consider the comments and issue a decision. Chapman said after the meeting that it is rare for the Department of Environmental Quality to receive a comment that grinds the prospec- tive purchaser agreement process to a halt. gation and remediation utilizing hearing, one attendee inquired if cleanup standards most applicable the Grand Ronde Tribe plans on to the type of development, and in building a casino at the Blue Heron a phased approach over the course site. of the property’s future redevelop- Hernandez said that the Tribe ment and reuse.” has had no conversations about High priority remedial actions building a casino in Oregon City include cleaning up a waste pile and reiterated that the Tribe has beneath a bleach plant, two catch invested millions into Spirit Moun- basins with tailrace sediment and tain Casino in recent years and has leaking underground storage tanks. no intention of abandoning that After signing a consent order with gaming facility. In addition, Ore- DEQ, the Tribe will have 60 days to gon’s one casino per Tribe on Tribal prepare an initial summary report, land policy would make building a a year to create an “overarching” new gaming facility in Oregon City work plan, 18 months to start work politically difficult. on the high priority remedial ac- During the public comment peri- tions and two years to start working od, Oregon City resident Jim Nicita on other potential remedial actions. said that he could not “express the “The levels are generally ac- joy and happiness of myself and my ceptable for occupational use,” neighbors in this community that the Pugh said. “If the site were to be Grand Ronde Tribe is coming home.” developed for residential use, there Nicita also said that he thinks the would probably be more cleanup Tribe should not have to bear any needed.” of the costs of cleaning up the site The order of consent lists Tribal since Native Americans keep the Engineering and Public Works Willamette Falls area pristine and Manager Jesse White, who attend- that it was only after the arrival ed the meeting, as the project manager. The Grand Ronde Tribal Council voted to purchase two prop- erties in Clackamas County, including the Blue Heron Paper Mill site, on Wednesday, July 10, and approved a supplemental bud- get of $17 million to acquire both proper- ties. During the July 10 meeting, Tribal Council Chief of Staff Stacia Hernandez said the Tribe is initially planning to spend up to $3 million on clean- up activities. D u r i n g a q u e s - Tribal Council Chief of Staff Stacia Hernandez answers a question during the Department of t i o n - a n d - a n s w e r Environmental Quality public meeting on the Grand Ronde Tribe’s agreement to purchase session at the DEQ the former Blue Heron Paper Mill site in Oregon City on Wednesday, July 17.