Modification would lower cleanup requirements from most stringent standard
By Craig Breon for Ashland.news
The Oregon Department of Environmental Quality (DEQ) is seeking public comments for upcoming revisions to decades-old cleanup plans for the 21-acre Railroad Property, just east of Ashland’s downtown. Removal of pollutants on the site is a crucial precursor to future development — likely to contain a mix of residential and office/commercial buildings. DEQ will hold a public meeting on the issue at the library on Sept. 27. Comments are due by Sept. 29.
The cleanup plan will encompass just 11.7 acres of the total area, as the remaining lands have been determined to be relatively free of toxics. Remediation efforts will focus on cleanup of the heavy metals lead and arsenic, with hydrocarbons associated with gasoline, diesel, and oil also of concern. Most of these pollutants stem from the 100-year use of the land as a rail yard for maintenance and repair, primarily by the Southern Pacific Railroad, which in 1996 merged with Union Pacific, the current owners of the land.
Southern Pacific first entered into DEQ’s Voluntary Cleanup Program in 1993. Since then, a number of factors have changed, including DEQ cleanup standards but most importantly the expected use of the land.
The Railroad Property is now zoned E-1, meaning Employment 1, with a residential overlay. This zoning lays the groundwork for a mix of land uses. As part of a subdivision application in 1999, the city of Ashland imposed a deed restriction requiring all the remaining Union Pacific land to be cleaned to a standard for “Single Residential Property,” the DEQ’s most stringent standard. The Railroad Property is partially abutted by other single-family developments, and at the time this seemed the likely development direction for much of this site as well.
By 2016, however, it had become clear that a higher density of residential development was the preferred and most likely future for the Railroad Property. In that year, the city amended the deed restriction to accommodate more housing, such as a combination of townhomes and apartments. With Ashland generally pushing against the sprawl-oriented development embraced by so many cities, sites such as the Railroad Property become key opportunities to focus future growth within existing developed neighborhoods.
In May of this year, the Ashland Planning Commission revisited the cleanup issue. Despite Union Pacific and city staff recommending that a lesser cleanup standard be available on parts of the land, the Planning Commission voted unanimously to impose the more stringent “Urban Residential” standard throughout the property. The commission appeared motivated by a desire to maximize the land available for residential development, though inclusion of some offices or shops is likely.
The Railroad Property is also one of two or three areas within city limits that will be designated a “Climate Friendly Area” (CFA) under Oregon’s new Climate Friendly and Equitable Communities program. Urban centers across Oregon are required to establish CFAs by the end of this year and then approve new development standards for those CFAs by the end of 2024. Among those standards will be increased maximum heights, reduced or no parking requirements, and required infrastructure for electric cars, transit, bikes and pedestrians. The end goal is to reduce greenhouse gas emissions while encouraging more people-oriented neighborhoods.
The new, proposed cleanup plan calls for excavation of contaminated soils from the western end of the site for deposit onto a 3-acre area at the eastern end, which will then be capped and planted. That capped area would allow for very limited development. According to Greg Aitken — a retired DEQ employee and current part-time Ashland employee hired to assist the city with the cleanup of this site, as well as the Croman Mill property — perhaps a parking lot could be placed on the 3-acre portion, after DEQ approval. Single family homes will not be allowed over the entire property, as they require an even higher level of cleanup.
Asked about any controversy, Aitken noted that a few comments have been submitted critical of the design to leave contaminants on the property, even if capped. Union Pacific’s previous plan was to excavate a larger area of soil and truck that soil to a hazardous waste disposal site in Arlington, Oregon, in the Columbia Gorge. The current plan would be less expensive for Union Pacific, but would also restrict a sale of those 3 acres.
Aitken described the pollutants here as “highly immobile.” When asked about potential migration of pollutants offsite or to groundwater, he noted that these specific pollutants —heavy metals and heavy hydrocarbons — “just don’t move like that.” Usable groundwater is far below the surface and would be unaffected. In addition, Aitken noted that the previous plan would have exposed more people to potential polluted dust in transit and would have required copious fossil fuel use.
After public input, DEQ will make a final determination on the remediation plan, called a Record of Decision. Cleanup will likely start in the summer of 2024. The city does not have authority over the cleanup plan, and DEQ has no authority over the eventual land uses, so comments at this time should focus on the cleanup.
If you want to view the Railroad Property in its current condition, the address is 536 A Street. To view Railroad Property documents and information on how to comment on the cleanup plans, visit the project website at ordeq.org/AshlandRailYardInfo. Comments are due by 5 p.m. Sept. 29. Questions and comments can also be directed to the DEQ Project Manager at 503-726-6522.
There will be an open house regarding the cleanup proposal at 5:30 p.m. Wednesday, Sept. 27, at the Ashland Public Library’s Gresham Room, 410 Siskiyou Blvd.
Email Ashland resident, lawyer and former environmental law instructor Craig Breon at [email protected].
