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1992-41391-Ordinance No. 92-052 Recorded 12/2/1992� J 92-41391 1 LEG „t COUNS-1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending PL -20, The Deschutes County Year 2000 Comprehensive Plan, as * 1 too, to Adopt Goal 5 Analysis for Various J Goal 5 Resources and Declaring an Emergency. ORDINANCE NO. 92-052 WHEREAS, Statewide Planning Goal 5 and its imp]r_me' ing administrative rule OAR 660-16-000 et. seq. prescribe a P-,3-;o'6e9,4 for inventorying, identifying conflict and analyzing the�;),F onomic, Social, Environmental, and Energy (ESEE) consequences of,',prote�ting or not protecting certain resources identified by Statewlde,TlApning Goal 5, and determine to what extent, if at all, sucfi',reFt,.qurces should be protected. WHEREAS, pursuant to the requirements of the Oregon Department of Land Conservation and Development (LCDC) the County has been required, where necessary, pursuant to former ORS 197.640 through ORS 197.647, concerning periodic review, to review and update its Comprehensive Land Use Plan and implementing ordinances, including for Goal 5 resources, to assure continuing compliance with Statewide Land Use Planning Goals and administrative rules; and WHEREAS, public hearings have been held in furtherance of this objective in conformance with state law before the Deschutes County Planning Commission and the Board of County Commissioners for Deschutes County (Board); and WHEREAS, the Board has considered the recommendations of the Planning Commission and the public; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. ADOPTION OF ESEE ANALYSIS. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, (hereafter referred to as "the Plan") is further amended by adoption of the Goal 5 analysis set forth in Exhibit A (Areas of Special Concern), Exhibit B (Ecologically and Scientifically Significant Natural Areas), Exhibit C (Land needed and desirable for Open Space and Scenic Resources), Exhibit D (Wilderness Areas), Exhibit E (State Scenic Waterways and Federal Wild and Scenic Rivers), and Exhibit F (Energy Sources), all attached hereto and incorporated herein by reference, as part of the Resource Element of the Plan. The analysis contained herein shall replace the analysis concerning Areas of Special Concern found at Pages 102 -109 of the Resource Element of the Comprehensive Plan. The Goal 5 analysis contained herein shall be regarded as being supplemental to and not a replacement of the City of Bend/ Deschutes County River Study and its associated May 21, 1986 Staff Report, and the Geothermal Resource Element of the Plan. PAGE 1 - ORDINANCE NO. 92-052 (11/25/92 )�1EYP 'CHci� I.,. 1992 0119-1'700 Section 2. FINDINGS. The Board of County Commissioners adopts as its findings and conclusions in support of the amendments set forth herein the text of each adopted Goal 5 analysis. Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this C2 S day of November 19, 1992. BOARD OFJCOUNTY COMMISSIONERS OF DE§Z TES COUNTY, OREGON TU-Tki.iUUY,v commission r TES NANCY OP , Commiss'oner ecording Secretary 5Peg MALTOLIS-, Chairman PAGE 2 - ORDINANCE NO. 92-052 (11/25/92) EXHIBIT A 0119-170"7 AREAS OF SPECIAL CONCERN INVENTORY The Resource Element of the Deschutes County Year 2000 Comprehensive Plan (1979) identified 69 sites as Open Spaces and Areas of Special Concern. Table 1, "iB" Areas of Special Concern, lists the inventory of sites identified as Areas of Special Concern with insufficient information to complete the Goal 5 ESEE analysis. Table 2 lists the inventory of 112A" Areas of Special Concern which are located on federal land. The identification numbers (ID#) in the following tables refer to the site numbers listed on the list and map of Open Spaces and Areas of Special Concern in the Resource Element of the 1979 Comprehensive Plan (page 107 - 108). The areas listed in Tables 1 and 2 are identified with the following codes which describe their significance. S ............ Scenic *............Geologic *............Vegetative Community *............Archaeologic WF ........... Waterfall USF.......... Unique Scientific Facility R&EV......... Rare and Endangered Vegetation NM ........... National Monument OSC.......... Open Space Conservation Zone TABLE 1 "1B" AREAS OF SPECIAL CONCERN TYPE ID # NAME OF AREA LOCATION 1. Crooked River Gorge S, N, G T14S R13E SEC 3, 10, 11 & 13 3. Pringle Falls WF, S T21S R09E NE 1/4 SEC 23 RIVERMILE 217 22. Spring River Area W T20S R10E SEC 1 23. Redmond Caves A, G T15S R13E S 1/2 SEC 21 N 1/2 SEC 28 24. Cline Buttes S, V T15S R13E N 1/2 SEC 28 SW 1/4 SEC 21 25. Brown's Creek Inholding S, V T21S R08E N 1/2 SEC 31 N 1/2 SEC 32 ORDINANCE 92-052 - Exhibit A - November 25, 1992 Page 1 "1B" AREAS OF SPECtIAL CONCERN QIL19 -1` 0 3 TYPE ID # NAME OF AREA LOCATION 26. Wildhaven S N T14S R10E SEC 14 11. Pine Mt. Observatory 27. Glaze Meadow S, V T14S R09E S 1/2 SEC 15 T19S R15E SEC 19 & 30 N 1/2 SEC 22 29. Big Falls WF T14S R12E NW 1/3 SEC 09 Arnold Ice Caves S, G T19S R13E RIVER MILE 132.2 Charcoal Cave 30. Odin Falls WF R13E T14S R12E SE 1/4 SEC 26 T19S R13E SESE SEC 4 17. Wind Cave RIVER MILE 140 T19S 59. Hampton Area S, V T22S R21E SEC 18 SW 1/4 SEC 14 61. Mouth of Pictograph WF, OSC T18S R10E NW 1/4 SEC 08 33. Lava River Caves S, Cave S, V T19S R13E SE 1/4 SEC 14 62. The Rock S, V T21S R10E SEC 6 T21S R09E 63. Wickiup Junction S, V T21S R10E SEC 36 & 28 39. 67. Skylight Cave S, G T14S R09E NW/NW SEC 19 NM, 70. High Desert Museum USF, OSC T18S R12E SW 1/4 SEC 31 TABLE 2 "2A" AREAS OF SPECIAL CONCERN TYPE ID # NAME OF AREA LOCATION 9. Bachelor Butte S, N T18S R09E SEC 29-32 11. Pine Mt. Observatory S, USF T20S R15E SEC 33 13. Dry River S, G T19S R15E SEC 19 & 30 T19S R14E SEC 2, 11, 13 14 & 24 14. Arnold Ice Caves S, G T19S R13E SEC 22 15. Charcoal Cave S, G T19S R13E SEC 22 16. Skeleton Cave S, G, OSC T19S R13E SESE SEC 4 17. Wind Cave S, G, OSC T19S R13E NW 1/4 SEC 23 SW 1/4 SEC 14 31. Tumalo Falls WF, OSC T18S R10E NW 1/4 SEC 08 33. Lava River Caves S, G T19S R11E SE 1/4 SEC 26 34. Pringle Falls Experimental Forest V T21S R09E SEC 21-23, 27 & 28 39. Benham Falls WF T19S R11E SW 1/4 SEC 9 45. Paulina Mt. NM, OSC T22S R12E SEC 1-3 & 10-12 49. Lavacicle Cave S, G, OSC T22S R16E SENE SEC 05 50. Lava Cast Forest S, G, NM T20S R12E SEC 15, 16, 21 22, 27-35 51. Lava Butte Geologic Area NM, OSC T19S R11E SEC 18 52. Pine Mountain North Slope S, V T20S R15E SEC 28, 29 & 33 54. McKenzie Summit S, G, OSC T15S R07E SEC 17 ORDINANCE 92-052 - Exhibit A - November 25, 1992 Page 2 TABLE 2 - Continued "2A" AREAS OF SPECIAL CONCERN 0-.L TYPE ID # NAME OF AREA LOCATION 55. Newberry Crater NM, OSC T21S R12E SEC 34-36 T21S R13E SEC 28-33 65. Bend Watershed S, G T17S R09E SEC 35 & 36 T18S R09E SEC 1, 2, 3, 10, 11 & 12 66. Bat Cave S, G T19S R13E SE 1/4 SEC 14 68. Boyd Cave S, G T19S R13E SENW SEC 8 69. Frederick Butte S, G T22S R19E SEC 32 Table 3 lists the Areas of Special Concern which have been deleted from the inventory because they have been inventoried as other Goal 5 resources. The following discussion explains why the areas were deleted from the inventory of Areas of Special Concern. TABLE 3 AREAS OF SPECIAL CONCERN INVEN'T'ORIED AS OTHER GOAL 5 RESOURCES INVEN'T'ORIED AS OTHER GOAL 5 ID # NAME RESOURCE 2. 4. 7. 8. 10. 18. 19. 20. 21. 28. 35. 36. 37. 38. 40. 41. 42. 43. 44. Pilot Butte Pumice Area Three Sisters Mt. Broken Top Mt. High Mt. Lakes Davis Lake Area Smith Rock Rock Mesa Holmes Ranch Little Deschutes/ Deschutes Confluence Pringle Falls Research Natural Area Horse Ridge Research Natural Area Bench Mark Butte Elk Lake Little Cultus Lake Bates Butte North Wickiup South Wickiup Res. Little Deschutes River Open Space, State Park Wilderness Area Wilderness Area Wilderness Area Wilderness Area Wildlife, Sensitive Birds Open Space, State Park Wilderness Area Wildlife, Sensitive Birds Natural Area, Scenic River Natural Area Natural Area Wildlife, Sensitive Birds Wildlife, Sensitive Birds Wildlife, Sensitive Birds Wildlife, Sensitive Birds Wildlife, Sensitive Birds Wildlife, Sensitive Birds Open Space, Landscape Mgmt ORDINANCE 92-052 - Exhibit A - November 25, 1992 Page 3 0119-1710 TABLE 3 - Continued AREAS OF SPECIAL CONCERN INVEN'T'ORIED AS OTHER GOAL 5 INVEN'T'ORIED AS OTHER GOAL 5 ID # NAME RESOURCE 46. Crane Prairie Res. Wildlife, Sensitive Birds Wilderness Area Wilderness Area Wildlife, Sensitive Birds Natural Area Open Space, State Park Natural Area Wildlife, Sensitive Birds Wildlife, Sensitive Mammal Open Space, State Park Sites Number 18, 21, 37, 38, 40, 41, 42, 43, 46, 53, and 60 are dropped from the Areas of Special Concern inventory because they were originally identified as rare and endangered bird sites. The County, with the cooperation of the Oregon Department of Fish and Wildlife, reinventoried all the known sensitive and rare and endangered bird sites and a new inventory and ESEE analysis was adopted by Ordinance 92-041. The measure to implement the ESEE decision on the sensitive and endangered bird sites, the Sensitive Bird and Mammal Habitat Combining Zone, was adopted by Ordinance 92-042. Sites Number 4, 7, 8, 10, 20, 47 and 48 are deleted from the inventory because they are inventoried as wilderness areas or are included in a designated wilderness area. See the Wilderness section of this periodic review order for findings and Ordinance 92-052 for the Goal 5 ESEE analysis and decision for the wilderness resource. Sites Number 28, 35, 36, 56 and 58 are deleted from the inventory because they are inventoried as Ecologically and Scientifically Significant Natural Areas. See the Ecologically and Scientifically Significant Natural Areas Goal 5 inventory and ESEE analysis. Site Number 44, Little Deschutes River, is deleted from the inventory because it is inventoried as a Landscape Management Zone resource. See the Open Space and Scenic Resources Goal 5 inventory and ESEE analysis. ORDINANCE 92-052 - Exhibit A - November 25, 1992 Page 4 Osprey Mgmt Area 47. Three Sisters Wilderness 48. Mt. Washington Wilderness 53. Brothers Area 56. West Hampton Butte 57. LaPine State Rec Area 58. Torry -Charlton Proposed Research Natural Area 60. Wickiup Res Area 61. Mouth of Pictograph 64. Cline Falls Wildlife, Sensitive Birds Wilderness Area Wilderness Area Wildlife, Sensitive Birds Natural Area Open Space, State Park Natural Area Wildlife, Sensitive Birds Wildlife, Sensitive Mammal Open Space, State Park Sites Number 18, 21, 37, 38, 40, 41, 42, 43, 46, 53, and 60 are dropped from the Areas of Special Concern inventory because they were originally identified as rare and endangered bird sites. The County, with the cooperation of the Oregon Department of Fish and Wildlife, reinventoried all the known sensitive and rare and endangered bird sites and a new inventory and ESEE analysis was adopted by Ordinance 92-041. The measure to implement the ESEE decision on the sensitive and endangered bird sites, the Sensitive Bird and Mammal Habitat Combining Zone, was adopted by Ordinance 92-042. Sites Number 4, 7, 8, 10, 20, 47 and 48 are deleted from the inventory because they are inventoried as wilderness areas or are included in a designated wilderness area. See the Wilderness section of this periodic review order for findings and Ordinance 92-052 for the Goal 5 ESEE analysis and decision for the wilderness resource. Sites Number 28, 35, 36, 56 and 58 are deleted from the inventory because they are inventoried as Ecologically and Scientifically Significant Natural Areas. See the Ecologically and Scientifically Significant Natural Areas Goal 5 inventory and ESEE analysis. Site Number 44, Little Deschutes River, is deleted from the inventory because it is inventoried as a Landscape Management Zone resource. See the Open Space and Scenic Resources Goal 5 inventory and ESEE analysis. ORDINANCE 92-052 - Exhibit A - November 25, 1992 Page 4 0-1119-1711 Sites Number 2, 57 and 64 are deleted from the inventory because they are State Parks and are inventoried as open spaces. See the Open Space and Scenic Resources Goal 5 inventory and ESEE analysis. Site 5, the High Desert, is deleted from the list because there is no information on the location, quality and quantity of the area and the area is not site specific enough to identify. Site 6, Glass Butte, is deleted because it is located in Lake County. Site 32 is deleted because the resource was unverified and unidentified. Twenty-two sites identified in the Comprehensive Plan are located on federal lands (U.S. Forest Service, National Monument or Bureau of Land Management). The county finds that it has no authority to place zoning restrictions or conditions upon federal land managed under federal land management plans. Federal land management laws prevail over local laws that would designate land for particular uses. Therefore, the county finds that it can go no further in the Goal 5 process than to identify and inventory the sites. These federally owned and managed sites shall be designated as 2A and be managed through the federal land management plans. The remaining sites have been included in the inventory as 111B" sites which have insufficient information on the location, quality and quantity of the resource to complete the Goal 5 process; or, they have been classified as 2A sites because they are on federally owned and managed land and are therefore managed by the federal land management agencies. Ordinance 92-051 adopts a comprehensive plan policy which requires the county to complete the Goal 5 process for the inventoried 111B" Areas of Special Concern during the next periodic review. ORDINANCE 92-052 - Exhibit A - November 25, 1992 Page 5 EXHIBIT B 0119-1712 ECOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT NATURAL AREAS The following sites are the inventoried ecologically significant natural areas in Deschutes County by the Oregon Natural Heritage Program and there is suficient information based on site reports from the Hertitage Program to complete the Goal 5 review process. Pringle Falls Research Natural Area Horse Ridge Research Natural Area West Hampton Butte Little Deschutes River/Deschutes River Confluence Davis Lake Pringle Falls Research Natural Area Inventory Requirement: The area is designated as a Research Natural Area and is managed as such by the Deschutes National Forest. Location: T21S, R9E, Sections 3, 34 & 35. Quality: Excellent Quantity: 1,160 acres For more detailed information and discussion of the resources associated with this RNA, see the chapter on the RNA in Federal Research Natural Areas in Oregon and_Washinaton: A Guidebook for Scientists and Educators and the Deschutes National Forest Land and Resource Management Plan. Conflicting Use Determination and EESE Analysis: Any land use or development activity which would cause unnatural encroachments, or activities which directly or indirectly modify ecological processes would be a conflicting use. For a detailed discussion of conflicting uses and the ESEE analysis see Chapter 10 of the Deschutes County/ City of Bend River Study, April 1986. Program for Resource Protection: Based upon the ESEE analysis, the resource site is of such importance, relative to the conflicting uses, and the ESEE consequences of allowing conflicting uses are so great that the resource site should be protected and all conflicting uses prohibited on the site. The site is designated 3A. ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 1 0119-1713 the program to implement the ESEE decision is management according to the guidelines in the Deschutes National Forest Land and Resource Management Plan (page 92-93). These provisions protect the natural ecosystem in an unmodified condition for nonmanipulative research and education. ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 2 Horse Ridge Research Natural Area -119-1714 Inventory Requirement: Location: Sections 15 and 22, T 195, R 14S. Quality: Excellent Quantity: 600 acres For a more detailed discussion of the resource site see the report from the Oregon Natural Heritage Program for Deschutes County. The site is a designated Research Natural Area and National Natural Landmark and is a prime example of western juniper/big sagebrush/threadleaf sedge plant community. Conflicting Uses: Any land use or development activity which would cause unnatural encroachments, or activities which directly or indirectly modify ecological processes are conflicting uses. ESEE Analysis of Conflicting Uses: Economic: Not allowing livestock grazing on the Horse Ridge RNA would result in a decrease in the revenues to the Common School Fund, which is administered by the State Land Board. Restrictions on grazing would probably mean increased operating costs, and more ranches would have to find other suitable grazing areas. Social: Social consequences depend upon the importance of the economic impacts on income generation by the fees, paid to the State Land Board, and the income produced to the local ranchers through the sale of livestock. The impacts to the State Land Board would be insignificant because of the limited amount of revenues produced through grazing fees relative to their other sources of revenues. The impacts on local personal income range from a potential reduction, if grazing allotments are restricted, to a poten- tial increase if these allotments are increased. Environmental: The major environmental impact is related to the effects of grazing on the vegetative cover associated with this ecosystem. If grazing is limited, the existing vegetation would be maintained and preserved. If grazing activities were allowed to continue or to increase, there would be a change in the local plant community. Increased grazing would contribute to erosion and loss of already scarce topsoil. ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 3 - If the vegetative cover is reduced, it would have a BI9rsl 7-1J impact on the wildlife which depend on that vegetation for food and cover. Energy: Not allowing grazing at this site would mean that local ranchers would have increased energy costs caused by having to relocate the livestock to other suitable grazing areas. Allowing grazing would mean that individuals seeking this type of natural area would have to travel further distances to seek this type of environment, thus increasing their transportation costs. Program For Resource Protection: Based upon the ESEE Analysis, the resource site is of such importance, relative to the conflicting uses, and the ESEE consequences of allowing the conflicting uses are so great that the resource site should be protected and all conflicting uses prohibited on the site. The site is designated 3A Goal 5 resource. The BLM manages the site as a Research Natural Area and according to the Brothers/La Pine Resource Management Plan prohibits grazing, firewood harvest, off road vehicles, rock hounding and rights-of-way. ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 4 West Hampton Butte Inventory Requirement: Location: T 22S, R 20E, Section 31 and 32 Quality: Good Quantity: 1280 Acres For more information see the Site Report from the Oregon Natural Heritage Program. The site is identified as a good example of the Western juniper/big sage/bluebunch wheatgrass, Western Juniper/Idaho Fescue, and low sage/Idaho fescue plant communities. Conflicting Use Determination: Livestock grazing is the identified conflicting use which could disturb the natural representative plant communities. ESEE Analysis of Conflicting Uses: Economic: Not allowing livestock grazing on or near West Hampton Butte would result in a decrease in the revenues to the Common School Fund, which is administered by the State Land Board. Restrictions on grazing would probably mean increased operating costs, and more ranches would have to find other suitable grazing areas. Social: Social consequences depend upon how important the economic impacts on income generation by the fees, paid to the State Land Board, and the income produced to the local ranchers through the sale of livestock. The impacts to the State Land Board would be insignificant because of the limited amount of revenues produced through grazing fees relative to their other sources of revenues. The impacts on local personal income range from a potential reduction, if grazing allotments are restricted, to a poten- tial increase if these allotments are increased. Environmental: The major environmental impact is related to the effects of grazing on the vegetative cover associated with this ecosystem. If grazing is limited, the existing vegetation would be maintained and preserved. If grazing activities were allowed to continue or to increase, there would be a change in the local plant community. Increased grazing would contribute to erosion and loss of already scarce topsoil. If the vegetative cover is reduced, it would- have an adverse impact on the wildlife which depend on that vegetation for food and cover. ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 5 U 01-19-17-17 Energy: Not allowing grazing at this site would mean that local ranchers would have increased energy costs caused by having to relocate the livestock to other suitable grazing areas. Allowing grazing would mean that individuals seeking this type of natural area would have to travel further distances to seek this type of environment, thus increasing their transportation costs. Program For Resource Protection: Based on the ESEE analysis, the resource and the conflicting use are important relative to each other, and the identified consequences should be balanced so as to allow the conflicting use but in a limited way so as to protect the resource to a desired extent. This site is under BLM management. It is provided with special management by the Brothers/La Pine Resource Management Plan. It was not identified by the BLM as an area of Critical Environmental Concern. The area is part of a BLM grazing allotment and grazing is managed so as not to damage the resource. ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 6 Little Deschutes River/Deschutes River Confluence Inventory Requirement: 01 1 Location: Section 7, T 20S, R 11E Quality: Excellent Quantity: 400 Acres For a more detailed description and discussion of the resources associated with this confluence area, see the the Site Report from the Oregon Natural Heritage Program for Deschutes County and the Deschutes County/City of Bend River Study. Conflicting Use Determination: Resort and vacation home development, recreational uses and livestock grazing, fill and removal in wetlands are the conflicting uses. ESEE Analysis of Conflicting Uses: See Deschutes County/City of Bend River Study and River Study Staff Report. The ESEE concludes that the Comprehensive Plan and implementing ordinances protect the Goal 5 resources while allowing conflicting uses. Program For Resource Protection: Based on the ESEE analysis, the zoning of the property, and the provisions which protect the flood plain, wetlands and the river corridor, the conflicting uses are specifically limited to protect the resource. The area is designated as a 3C Goal 5 resource. For goals and policies applicable to the confluence area see the Deschutes County/ City of Bend River Study, April 1986, pages 13-1 through 13-45. The implementing measures which protect and regulate development in the confluence area are: Title 18.28 - EFU- 80 zoning Title 18.96 - Flood Plain zoning Title 18.84 - Landscape Management zoning Title 18.116.210 - Conservation Easements Title 18.128.(W) - Fill and Removal The confluence is located on a 600 acre property owned by Sun River. It is zoned Flood Plain (287 acres), EFU 80 (53 acres), and F-3, Forest Use (268 acres). Deschutes County has approved a conditional use permit to allow two 18 hole golf courses (CU -90-36), a conditional use permit for a destination resort (CU -90-37), a master plan for the golf ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 7 a119-1719 courses and the destination resort (MP -90-1), a tentative plat for the subdivision of the land for 94 residential lots in the destination resort (TP -91-751), and a site plan for the development (SP -91-61). The development is designed to protect wetlands from disturbance. All proposed structural development is outside of the flood plain. Over 80 percent of the property will be retained in open space. The open space includes the golf courses, approximately 335 acres, and undeveloped open area, approximately 146 acres. The confluence area is located in in the undeveloped open space area of the development. The deer migration corridor will be protected by conditions imposed by the conditional use approval. The developer is working with the Department of Fish and Wildlife to enhance fish habitat along the Little Deschutes River. ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 8 Davis Lake Inventory Requirement: Location: Sections 25, 26, Section 31, T22S, R Quality: Good habitat area osprey, bald eagles birds. Quantity: 4000 Acres 0 1.1 9-174`00' 34-36, T22S, R7E; 8E. for birds including and other aquatic The habitat area contains many forest and wetland plant communities. For a more detailed description and discussion of the resources associated with Davis Lake see the site report from the Oregon Natural Heritage Program. The area is part of the Deschutes National Forest. Conflicting Use Determination: There are currently three camping areas where human pressure on the environment is increasing, and a number of activities could easily destroy the habitat productivity for birds. The conflicting uses include human activity related to recreational boating, improving or building roads, timber -cutting around the lake, pollution and noise associated with the human activities, and bank modifications. ESEE Analysis of Conflicting Uses: See the discussion of consequences on pages 10-5 of the Deschutes County/ City of Bend River Study, April 1986 Program For Resource Protection: Based on the ESEE analysis, the resource and the conflicting uses are important relative to each other, and the identified consequences should be balanced so as to allow the conflicting uses but in a limited way so as to protect the resource to a desired extent. The resource is designated 3C. The Deschutes National Forest Land and Resource Management Plan identifies the area around Davis Lake as an eagle habitat area, high quality scenic area and an area of special interest. The management of this area under the Deschutes National Forest Land and Resource Management Plan will limit the conflicting uses and protect the natural resources of the area. The area has not been proposed as a Research Natural Area by the Deschutes National Forest Land and Resource Management Plan. ORDINANCE 92-052 - Exhibit B - November 25, 1992 Page 9 EXHIBIT C LAND NEEDED AND DESIRABLE FOR OPEN SPACE AND SCENIC 014419-1,411 The following inventory of land needed and desireable for open space and scenic resources in Deschutes County is divided into the following categories: State Parks Landscape management roads Landscape management rivers and streams Lakes STATE PARKS Inventory: All lands within the boundaries of the following state parks: I Smith Rock State Park Cline Falls State Park Tumalo State Park Pilot Butte State Park LaPine State Recreation Area LOCATION/SIZE T14S, R13E, Sections 10, 11, 14 an 15. 600 acres T15S, R12E, Section 14 9.04 acres T17S, R12E, Section 6. 320.14 acres T17S, R12E, Sections 33 and 34. 100.74 acres T20S, R10E, Sections 33, 34; and T21S, R10E Sections 3, 4, 8, 9, 10, 11, 12; and T21S, R11E Section 7. 2,333.12 acres Total area in State Parks: 3,363.04 acres The State Parks are described in detail in the Summary Plan 1986, Deschutes County State Parks Master Plan; and on pages 7-18 through 7-22 of Deschutes CountyJCity of Bend River Study, April 1986, pages 7-18 to 7-20. Conflicting Use Determination and ESEE Analysis: For a detailed description and analysis of the existing and potential conflicting uses and their consequences see the Deschutes CountyJCity 'of Bend River Study, April 1986, Chapter 7, Pages 7-1 through 7-30; and Chapter 13, pages 13-21 through 13-33. The River Study has been adopted as a Chapter in the Resource Element of the Comprehensive Plan. ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 1 Program For Resource Protection: Based on the ESEE Analysis the resource and conflicting uses are deemed important relative to each other, and the identified consequences should be balanced so as to allow the conflicting uses but in a limited way so as to protect the resource to the desired extent. Under OAR 660-16 the resource is classified as a 3C and the conflicting uses are specifically limited. The state parks are zoned Open Space Conservation (Title 18.48 Deschutes County Code). The Open Space Conservation zone specifically limits conflicting uses. The parks are managed by the State Parks division according to master plans for each park. See the Summary Plan 1986, Deschutes County State Parks Master Plan. ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 2 LANDSCAPE MANAGEMENT RIVERS AND STREAMS 01��-1l 3 Inventory: All land within the boundaries of a state scenic waterway or a federal wild and scenic river corridor; and all land within 660 feet of the ordinary high water mark of portions the following designated rivers and streams which are not designated as state scenic waterways or federal wild and scenic rivers. The state scenic waterways and federal wild and scenic rivers are inventoried in a separate section of this chapter. 1. Deschutes River miles 2. Little Deschutes 43 miles 3. Paulina Creek 19 miles 4. Fall River 8 miles 5. Spring River 1.2 miles 6. Tumalo Creek 16.3 miles 7. Squaw Creek miles 8. Crooked River 10 miles Conflicting Uses: Uses conflicting with the open space and scenic resource along the designated landscape management rivers and streams include land management activities that result in habitat loss or development within the river or stream corridors which would excessively interfere with the scenic or natural appearance of the landscape as seen from the river or stream or alteration of existing natural landscape by removal of vegetative cover. Discussion of conflicting uses within the open space along river and stream corridors is also found in the Deschutes Countyf City of Bend River Study, April 1986, (River Study) and the May 21, 1986 River Study Staff Report. ESEE Analysis of Conflicting Uses: The Deschutes County/City of Bend River Study Staff Report contains ESEE analysis of the conflicting uses with lands desirable for open space along the Deschutes River and tributary corridors which were part of the River Study. This analysis is incorporated herein by reference. The following ESEE analysis supplements the ESEE analysis for the various stream segments covered in the May 1986 Staff Report to the River Study. Economic: The economic impact of preserving or increasing the amount of river and stream corridors available to the public would be positive. Deschutes County would not only be a more desirable place to live, thereby increasing ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 3 neighboring property values, but it would also be a more attractive place to visit. 0119-17244 Acquisition and maintenance of the lands is a major` undertaking requiring substantial commitment of resources. The economic impact of leaving these lands in private or public open space is not well documented. River park lands and development with a river frontage does add significantly to the value of property. As mentioned in the discussion concerning open space along roadways, these environmental amenities and recreational opportunities pay an important role in attracting new business firms to the County. Preserving streamside habitat, critical nesting, wintering, and migration areas, will collectively, maintain wildlife and scenic resources. Given the large percentage of residents and visitors that view these resources as a recreation activity, expenditures associated with these activities are probably significant. Allowing conflicting uses which diminish visual or recreational qualities of these rivers and streams may make these areas less desirable to recreationists and result in a loss of recreation -related expenditures. At the same time, limiting the number of trees for timber harvesting may have an impact on the timber industry. Social: Having the rivers and streams remain aesthetically pleasing and available to the public enhances the livability of Deschutes County. Deschutes County residents agree that rural residential development has already seriously damaged the river and stream environment. Maintaining these open spaces is critical for providing the customary opportunities for enjoying the aesthetic, scenic and wildlife resources to the residents and visitors of Deschutes County. There are no significant social consequences to maintaining these aesthetic, scenic or wildlife resources that would be considered adverse. Environmental: Having more river and stream corridors remain in open space enhances the environment by limiting the extent and level of development that can take place. Limiting development would reduce the possibility of erosion, causing sedimentation to occur. These sediments can either be suspended in the water or travel down stream on the streambed. These sediments can disrupt primary aquatic food production and silt -over spawning gravels downstream. Limiting the location of development activities in the river and stream corridors minimizes disturbance of wildlife and maintain the scenic value of the land. Wildlife are critically dependent on the river and stream corridors for nesting, feeding, and migration. Leaving these corridors in open space may provide the greatest net benefit to wildlife. ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 4 0119-17"05 Energy: More undeveloped land next to rivers and streams available to the public could minimize the transportation and gasoline expenditures related to those who are seeking open spaces to enjoy. Maintaining wildlife populations and their habitat means that residents and visitors alike will not have to travel to more distant locations where the wildlife has not been displaced due to development activities or habitat loss. Conclusions of ESEE Analysis: Land needed and desirable as open space along the river and stream corridors should be protected, consistent with the Goals and Policies established in the Deschutes County/City of Bend River Study, April, 1986. Progras For Resource Protection: Based on the ESEE analysis above and the analysis in the Deschutes County/City of Bend River Study and Staff Report, the resource and the conflicting uses are important relative to each other, and the identified ESEE consequences should be balanced so as to allow the conflicting use but in a limited way so as to protect the resource to a desired extent. Under OAR 660-16 the resource is classified as "3C" and the conflicting uses are specifically limited. For supporting Goals and Policies see the Deschutes County Comprehensive Plan Year 2000, pages 123-126; and the Deschutes County/City of Bend River Study, April, 1986, pages 13-27-13-33, Appendix "A" pages 1-3, and Appendix "B" of the Bend Area General Plan, pages 1 & 2. The Landscape Management Combining Zone (Title 18.84) as adopted by Ordinance 92-033 and 92-0344 adopted is the implementing measure to protect the visual and scenic quality of the land along the designated rivers and streams. In addition, the state scenic waterways regulations administered by the Oregon State Parks Department and the federal management plans for the designated wild and scenic rivers also limit the conflicting uses which would significantly diminish the scenic quality of the river corridors. For implementing measures which also serve to protect the wildlife habitat, and natural quality and open space characteristics of the river corridor, see the following ordinances: Ordinance No. 86-019 which amends Ordinance No. PL -20 by adopting the Goals, Policies, Findings and Conclusions of the Deschutes County/ City of Bend River Study, April 1986; Ordinance No. 86-018 which amends Ordinance No. PL -15 to prohibit hydroelectric facilities in designated ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 5 .1� 1lr�t) stretches of the Deschutes River and its tributaries, and to allow hydroelectric facilities in designated stretches of the Deschutes River and its tributaries, and to allow hydroelectric facilities as conditional uses in designated zones and stretches of the Deschutes River; Ordinance No. 86-056 which amends Ordinance No. PL -15 to authorize fill and removal activities as a conditional use in certain zones (this was further amended by 89-008 to remove the Sunset Clause and to change the require- ment of a letter from ODFW stating no impacts). Ordinance No. 86-054 which amends Ordinance No. PL -15 to require conservation easements as a condition of approval for land use actions on property adjacent to certain rivers and streams; Ordinance No. 86-053 which amends PL -15 requirements for rimrock setbacks; Ordinance No. 89-030 amended the Deschutes County Comprehensive Plan for Flood Hazard zones; Ordinance 88-031 amended PL -15 to establish a new Flood Plain zone and use restrictions. Ordinance 89-009 established specific restrictions for boat docks, slips, piers or houses in the Flood Plain zone. ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 6 LANDSCAPE MANAGEMENT ROADS Inventory: All land within one-quarter of a mile, as measured at right angles from the centerline, of any of the following designated Landscape Management roadways. 1. U.S. Highway 197 North County Line to Redmond 7.5 miles Redmond to Bend 12 miles Bend to South County Line 35 miles TOTAL 54.5 miles 2. U.S. Highway #20-126 North County Line to Sisters 11 miles 3. U.S. Highway 1126 Sisters to Redmond 21.5 miles 4. U.S. Highway 120 Sisters to Bend 23 miles 5. Smith Rock Road Highway 197 to Smith Rock 3.5 miles 6. From Cloverdale to Bend 19 miles 7. Skyliners Road 15.5 miles 8. Century Drive Bend to Mt. Bachelor 25 miles 9. South Century Drive 27 miles 10. Cascade Lakes Highway 46 miles 11. Waldo Lake Road 10 miles 12. Cultus Lake Road 2 miles 13. Little Cultus Lake Road 6 miles 14. Twin Lakes Road 6 miles 15. Keefer Road (East Crane Prairie Rd) 16.5 miles 16. East Deschutes Road 14 miles 17. Deschutes Road 9 miles 18. Wickiup Road 4 miles 19. Pringle Falls Loop 8 miles 20. LaPine Recreation Area Access Rd. 10 miles 21. Paulina-East Lake Road 22.5 miles 22. Lava Cast Forest Road 20.5 miles 23. Highway #20 East to Millican 25 miles 24. Pine Mountain Road 7.5 miles 25. Ford Road 6.5 miles 26. Three Creek Lakes Road 16 miles 27. Three Trappers Road 20.5 miles 28. Dillon Falls Road 6 miles 29. Matsen Road 2 miles 30. State Highway #31 2.5 miles 31. Road to Benham Falls 4.5 miles TOTAL MILES 465 miles Conflicting Uses: ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 7 Development within the one-quarter would excessively interfere with appearance of the landscape as alteration of existing landscape cover. ESEE Analysis of Conflicting Uses: Q11'9-1703 mile overlay zone which the scenic or natural seen from the road or by removal of vegetative Economic: The economic impact of maintaining the visual quality of the area would be positive. Deschutes County would remain a desirable place to live, thereby maintaining neighborhood property values. Maintaining or enhancing visual quality makes the county a more attractive place to visit, thereby attracting more visitors and inducing people to stay longer. Based on what has attracted a majority of business firms to the County already, it would appear that the visual quality and its attendant amenities may play an important inducement to encourage economic stability and growth in the future. Maintaining the visual quality of road -side rest areas and parks make these areas more desirable to visitors and recreationists and result in maintaining or increasing recreation -related expenditures. Not allowing the conflicting uses would have three negative consequences. Maintaining the visual appearance, through the limitation of vegetative removal, could limit development to some degree. A second negative consequence of retaining visual quality is that it could lead to increased costs related to development. For example, a longer driveway or access road could be required, or extensive landscaping or painting may be necessary to mitigate the visual effect of the development. The third negative consequence would relate to requiring harvestable timber to remain uncut. This could have an impact on not only the timber harvester, but on County timber tax receipts. Social: Having good visual quality areas more accessible to the public enhances the livability of Deschutes County. As Deschutes County continues to urbanize, the need for the public to have ready access to areas of good visual quality will become more important. If additional efforts are not initiated to incorporate these amenities into the social fabric of local society, a major opportunity will have been lost to give residents further identity to the visual quality of their surroundings. Having readily accessible good visual quality areas maintains or enhances the tourism and recreational experience now enjoyed by visitors and residents alike. Allowing the conflicting use of timber harvesting could add ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 8 0 � S' -1 713 to the County's tax receipts which could allow the County to improve some of its public services. This improvement in public services could serve to attract new residents and businesses to Deschutes County. Environmental: Maintaining or enhancing vegetative cover along roadways enhances the visual quality associated with those travel corridors by limiting the extent and level of development that could take place. This serves to minimize ground and vegetative disturbance and maintain the scenic quality of the land. Maintaining vegetative cover also serves to reduce erosion. Maintaining vegetative cover tends to reduce noise and air pollution caused by traffic using the roadways. Energy: Maintaining good visual quality available to the public near the Bend, Redmond, and Sisters urban areas could tend to minimize the transportation and gasoline expenditures by those residents seeking travel corridors with pleasing visual qualities. On lands adjacent to road -side rest areas and parks, allowing the conflicting uses could have an impact by creating a situation where people will need to drive further to enjoy a recreational or visual experience similar to the level prior to the conflicting use being allowed. Conclusion of ESEE Analysis: Land needed and desirable for open space along designated highways and roads should be protected and the conflicting uses limited to some degree. Program for Resource Protection: Based on the ESEE analysis, the resource and the conflicting uses are important relative to each other, and the identified ESEE consequences should be balanced so as to allow the conflicting uses but in a limited way so as to protect the resource to a desired extent. Under OAR 660-16 the resource is classified as 113C" and the conflicting uses are specifically limited. For supporting goals and policies see the Deschutes County Comprehensive Plan Year 2000 pages 78-92 (the Transportation Chapter) and pages 123-126 (the Open Spaces Chapter). For implementing measures, see Deschutes County 18.84, the Landscape Management Combining Zone Ordinances 92-033 and 92-034. ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 9 Code Title as adopted by SIGNIFICANT LAKES AND 011-19-17 0"0 Inventory: The following lakes are significant open space resources in the county. The land adjacent to the lakes is also an important open space and recreational resource. All of the inventoried lakes and reserviors except for Tumalo Reservior are under federal ownership and management. 1. Bobby Lake T 22S, R 06E, Section 14 2. Charlton Lake T 215, R 06E, Section 14 3. Crane Prairie Reservoir T 21, R 08E, Section 16 4. Cultus Lake T 20S, R 07E, Section 24 5. Deer Lake T 20S, R 07E 6. Devils Lake T 185, R 08E, NW1/2 Sec.10 7. Davis Lake T 22S, R 07E 8. East Lake T 21S, R 13E, Section 31 9. Elk Lake T 18S/19S, R 07E, Sec.5 10. Hosmer Lake T 195, R 08E, Section 4 11. Lava Lake T 19S, R 08E, Section 22 12. Little Cultus Lake T 20S, R 07E 13. Little Lava Lake T 19S, R 08E, Section 22 14. North Twin Lake T 215, R 08E, Section 28 15. Paulina Lake T 21S, R 12E, Section 84 16. South Twin Lake T 21S, R 08E, Section 28 17. Sparks Lake T 185, R 08E, Section 23 18. Three Creek Lake T 175, R 09E, Section 14 19. Todd Lake T 185, R 09E, Section 8 20. Upper Tumalo Reservoir T 16S, R 11E, Section 33 21. Winopee Lake T 19S, R 11E, Section 33 22. Wickiup Reservoir T 22S, R 09E, Section 7 Conflicting Use Determination: Conflicting uses with the open space and scenic values of the land adjacent to the inventoried lakes include development which would cause a loss of open space or a decrease in the aesthetic and scenic resources and land management activities that would result in removal or alteration of the natural vegetation which provides wildlife habitat and scenic value. ESEE Analysis of Conflicting Uses: Economic: The economic impacts related to the identified conflicting use can be measured using two standards, priced outputs and non -priced outputs. Price outputs are those that are, or can be, exchanged in the market place. Timber and recreation are the most important priced outputs in Deschutes County. Non -priced outputs are those for which there is no available market transaction evidence and no reasonable basis for estimating a dollar value commensurate with the market values associated with the priced outputs. Some of the most important non -priced outputs include life- styles, suitable habitat for threatened or endangered ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 10 3JI species, watchable wildlife, ecosystem diversity, visual quality, historical and cultural resources, water quality and air quality. The Deschutes National Forest manages the areas around the inventoried lakes for intensive recreation; the Forest Service has decided that recreational opportunities in these areas outweigh the timber harvesting opportunities. Opinion surveys in Deschutes County have shown that many people are attracted to the area for the outdoor lifestyle it can offer them. Central to maintaining and enhancing this lifestyle is the provision of diverse recreation oppor- tunities. The forest currently provides adequate recreation diversity as indicated by the reasons many people choose to live and recreate in the area. The Deschutes National Forest provides habitat for many species which may be classified as watchable wildlife. To the extent that open space provides habitat for bald eagles, spotted owls, and ospreys so that their populations may thrive, a non -priced benefit is realized. Maintaining plant and animal ecosystem diversity over time is also considered as a component of net public benefits. The amount of old growth timber provided is especially important since this component would be the most difficult to replace once it disappears. To the extent that the Forest Service provides for the preservation of old growth stands as a com- ponent of forested plant communities, the higher the economic benefits associated with this non -priced output. It is safe to assume that the provision of positive visual experiences has a direct relationship to the quantity and quality of recreation. For example, there are two principle highways which pass through Deschutes County. The people who drive on these highways pass through some quality scenic areas; yet, they are not counted as Recreation Visitor Days (RVDs). There are also people who live in or around the National Forest who every day enjoy the scenic qualities associated with the forested mountain environment. The water quality and conditions along the shorelines of the lakes is good. Water quality is one of the components which contributes to the outdoor lifestyles of Deschutes County residents. However, to the extent that an emphasis on wood production causes new road construction and harvesting on sensitive steep areas and riparian zones, water quality may experience some degradation. Air quality is another important aspect of Deschutes County. For the most part, air quality conditions are good except during certain times when temperature inversions create woodstove pollution problems, and certain times in the spring and summer when prescribed burning activities are going on. ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 11 Q!� UAw Air degradation resulting from fuels treatment and prescribed burning activities is directly related to the amount of scheduled timber and vegetative management activities. The more acres of these activities called for, the lower the quality of the air during certain seasons of the year. Social: Rural industrial communities are closely tied to the natural resources of Deschutes County in work, subsistence, and play. The supply of available natural resources constitutes the economic link between resource providers and consumers. The woods products industry is the predominant industry in towns like Gilchrist, Redmond, and Prineville. But timber is not the only tie. People in these communities use fuelwood, fish and game for part of their subsistence. Recreation is also a central component of the lifestyle of these communities. Therefore, the provision of diverse recreation opportunities is also a major concern. Rural recreation and residential communities adjacent to, and within, the Deschutes National Forest are dependant primarily upon forest based recreation activities and recreation resi- dences for their livelihood. Environmental and scenic amenities and nearby recreational opportunities are major reasons for their existence. Towns such as LaPine and Sisters are included in this community type. Local service- oriented business provide convenience items and cater to tourists, skiers, and sportsmen. The City of Bend is the dominant community in Deschutes County. It has a large industrial sector based on wood products, and a large service sector keyed to recreation and tourists. It is the major shopping and service center for outlying communities. The social health of the community, and the quality of the environment, are all central concerns to Bend's residents. Environmental: Timber management is the primary means of manipulating the vegetative resources to achieve the desired management objectives for timber, range, recreation, wildlife and visual resources. Timber management and recreation - related development activities will change the recreational opportunities available to visitors. Indirect effects of these timber management and development activities are increased opportunities for winter recreation. Due to the importance of the visual quality near lake and stream shores, timber management activities are limited. In these circumstances, environmental impacts may be reduced from levels that might otherwise have occurred. Limiting land management and development activities in the open spaces near the lakes would reduce erosion and sedimentation which would have a positive impact on the wildlife and fish habitat. If the management and development activities were not limited ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 12 in these open space and conservation areas, there are probably adverse environmental impacts that could not be avoided. For example, soil would be displaced as a result of timber sales, slash treatment, and construction of roads, trails and recreation facilities. Overall, soil productivity would be maintained except for sites dedicated to roads, landings, recreation sites, and other facilities or uses which compact the soil or occupy a site. Energy: Maintaining open space around the inventoried lakes would provide visual and scenic resources that could be readily enjoyed by tourists, recreators, and residents alike. Providing these scenic resources and open spaces in proximity to major highways and roadways means people would not have to travel as far to enjoy these resources, thereby conserving energy. Limiting timber harvesting would mean less energy consumed for logging, construction and maintenance of roads, trans- porting the logs to mills and processing these logs. Allowing timber harvesting in these areas could mean that some energy would be saved because the timber companies would have less distance to travel to the sale site, fewer new roads would be needed and haul distances to the processing mills would be less. Having the areas around these lakes remain in open space would mean that well-planned recreational facilities would be available closer to the population centers of Bend and Redmond, thereby requiring less energy to travel to further recreation destinations. Conclusion of ESEE Analysis: Based on the ESEE analysis, the resource and the conflicting uses are important relative to each other, and the identified ESEE consequences should be balanced so as to allow the conflicting use but in a limited way so as to protect the resource to a desired extent. Under OAR 660-16 the resource is classified as 113C" and the conflicting uses are specifically limited by the land and resource management plans of the Deschutes National Forest and the Bureau of Land Management. Conflicting uses around Tumalo Reservoir, Elk Lake, Davis Lake, Paulina Lake, East Lake and portions of Davis Lake are also specifically limited by Title 18.48, the Open Space Conservation Zone. In addition all zones require a 100 foot setback for any structure from the ordinary high watermark of any lake. ORDINANCE 92-052 - Exhibit C - November 25, 1992 Page 13 ID�.4i 0 0 1.1 I U4 WILDERNESS Inventory: All lands within the existing Mt. Washington and Three Sisters Wilderness Areas, and all lands included in the Bureau of Land Management's State of Oregon Wilderness Status Map for Deschutes County. Location and Quantity: The Mt. Washington (13,563 acres in Deschutes County) and Three Sisters (92,706 acres in Deschutes County) wilderness areas as shown on the Deschutes National Forest Land and Resource Management Plan Map and the following Bureau of Land Management Wilderness Study Areas (WSA) as shown on in the Brothers/LaPine Resource Management Plan: WSA No. OR 5-21- Badlands, 32,261 acres; WSA No. OR 5-42- Hampton Butte, 10,600 acres; WSA No. OR 5-14- Steelhead Falls, 920 acres. Total BLM wilderness study area - 43,781 acres. The quality of the designated wilderness and wilderness study areas is described in Deschutes National Forest Land and Resource Management Plan and in the BIM Brothers/La Pine Resource Management Plan. Conflicting Use Determination: The conflicting uses with the designated Three Sisters and Mt. Washington wilderness areas are specifically limited by the Wilderness Act and the Wilderness Management plans in the Deschutes National Forest Land Management Plan. Land uses or resource conflicts for the BIM Wilderness Study Areas include: - proposed range improvement projects and use of vehicles for livestock management (water hauling); - potential geothermal and oil and gas development; - organized, competitive and cross-country recreational vehicle use; - existing oil and gas leasing and future ex- ploration; - proposed livestock and wildlife projects; and rural residential development. ESEE Analysis of Conflicting uses: Economic: The principal effects on local economies are measured by the differences in local personal income ORDINANCE 92-052 - Exhibit D - November 25, 1992 Page 1 resulting from differences in outputs depending on wilderness or non -wilderness designation. 0j_-1,9--17��. Under wilderness designation, livestock grazing would be allowed to continue, although planned increases might not be allowed. Restrictions on vehicle use would increase grazing operator's transportation costs. Projects involving vege- tative manipulation would not generally be allowed, but other kinds of investments, such as structural projects might be. Timber harvest, firewood cutting and the sale of other forest materials would not be allowed under wilderness designation. Revenues from most existing geothermal and oil and gas leases would no longer be received by the federal government, resulting in lower revenues to state and local governments. Although wilderness designation would result in a loss or displacement of vehicle -oriented recreation, it would also provide an identity which could be used by state or local entities to promote increased visitation and personal income in the area. Promotion of visitation of wilderness areas would have the potential of benefitting local communities were the study areas exist. Social: Social effects of wilderness designation depend upon how important the economic impacts on local income generated by the use of identified BLM resources are to the local economy and upon the distribution of economic gains and losses within the local population. The impacts on local personal income range from a potential reduction under an all wilderness designation to a potential increase under a no wilderness designation. To evaluate the significance of these potential changes, we can compare them to the total personal income of the 11 -county area in central and eastern Oregon that would be affected by wilderness designations. The potential impacts would be slight, ranging from a potential reduction of 0.01 percent to a potential increase of 0.07 percent of the area's total personal income or employment. This is not to say that direct economic gains or losses to specific individuals would be insignificant; rather, that the net social impacts on the community would be minor. These potential direct economic effects are so minor, in relation to the existing economic conditions, that no significant, indirect social impacts are anticipated. BIM's wilderness management policies allows reasonable access to all non-federal inholdings, including mineral estates within designated wilderness areas, so there would be no direct impacts on inholdings or their owners. Potential impacts could eventually occur from social pressure on the non- federal owners to manage their lands consistent with manage- ment of the surrounding wilderness. A possible outcome from such situations would be for land- owners to exchange the inholdings with BLM for lands outside wilderness areas. ORDINANCE 92-052 - Exhibit D - November 25, 1992 Page 2 The general prohibition of motor vehicles from designated wilderness areas should reduce both trespass on inholdings and vandalism and harassment of livestock. Wilderness designation could increase primitive recreation, lead' , o increased foot trespass on private inholdings. 1 °�17U0 In areas not designated as wilderness (totalling 1,354,153 acres), several kinds of activities could occur which could reduce the quality of wilderness values, adversely affecting naturalness, opportunities for solitude and primitive re- creation, and special wilderness features. Proposed activi- ties, including implementation of grazing and wildlife improvement projects and harvest of timber and minor forest products, would directly affect the acres on which they take place and would indirectly affect much larger areas from which the projects and activities could be seen. The undesignated lands would also be available for develop- ment of mineral and energy resources, increases in grazing use, and possible construction in potential utility corridors. Despite mitigating measures, such activities would further reduce wilderness quantities. Under wilderness designation, some opportunities to increase livestock use and opportunities for mineral and energy resource extraction would be foregone, with resulting decrease in opportunities for local economic benefits. Closures to vehicle use in designated areas would result in declines in vehicle -oriented recreation that, in some cases, would not be offset by increases in primitive recreation. Short-term consumptive uses of lands not designated wilder- ness - particularly mineral and energy development, wood products harvest, and rangeland vegetative manipulation projects to generate forage increases - would lead to long- term degradation of the wilderness values of those lands. Conversely, protection of wilderness value through desig- nation would limit or eliminate short-term consumptive uses and vehicle -oriented recreation. Environmental: Designation of wilderness areas would assure the preservation of wilderness characteristics, including unique areas of dense juniper woodland and a maze of low lava ridges and sandy basins near major travel route and popu- lation centers. However, outside sights and sounds and possible development of the private inholdings and split -estates would adversely affect the naturalness and solitude found in wilderness areas. Closure of roadways would allow revegetation and enhance the naturalness values. Development of energy and mineral resources would be pre- cluded thereby eliminating the environmental impacts associated with the extraction of these resources, and the vegetation would be preserved. ORDINANCE 92-052 - Exhibit D - November 25, 1992 Page 3 Juniper cutting to maintain livestock grazing and provide firewood would be precluded, thereby maintaini preserving vegetation. , . _01,23- If guzzlers (a small, wildlife water project that utilizes a water collection system) are not allowed, the opportunity to improve wildlife habitat for antelope, deer and non -game species would be foregone. Non -wilderness designation would mean that wilderness characteristics would be adversely affected by development projects and by motorized recreation use. Naturalness, solitude, and primitive recreation would also be adversely affected to a substantial degree if oil and gas development occurred. All roads and ways would remain open to vehicle traffic, and the vehicle use would reduce opportunities for solitude and primitive recreation. Through proposed brush control, vegetation diversity would be temporarily reduced. Energy: Designation of wilderness areas in reasonable proximity to travel corridors and population centers would mean less energy would be consumed by residents and tourists seeking a wilderness experience. Designation of wilderness areas would reduce the amount of firewood available to people who use wood to heat their homes, which would increase the amount of energy needed. Designation would mean some energy resources such as gas and oil and geothermal resource would not be available for use, meaning other sources will have to be located and developed, thus increasing local energy costs. Designation would mean fewer acres available for livestock grazing, causing the livestock to be moved to further grazing areas, thus increasing the amount of energy used by the local ranchers. Program for Resource Protection: Based on the ESEE analysis, the conflicting uses should be limited and the resource is classified as a 113C" Goal 5 resource. Congress is the only body which can designate wilderness areas; and the management of wilderness or wilderness study areas is the jurisdiction of the federal agency managing the area. The uses are specifically limited by the Wilderness Act, the Deschutes National Forest Land and Resource Management Plan, and the BLM Brothers/La Pine Management Plan. ORDINANCE 92-052 - Exhibit D - November 25, 1992 Page 4 EXHIBIT E STATE SCENIC WATERWAYS AND FEDERAL WILD AND SCENIC RIVERS State Scenic Waterways Inventory: The following segments of the Deschutes River have been designated as State Scenic Waterways by the State Legislature or a 1988 ballot initiative. Deschutes River Miles Little Lava Lake to Crane Prairie Res. 12 Wickiup Dam to General Patch Bridge 28 Harper Bridge to COI Diversion 21 Sawyer Park to Tumalo State Park 5 Upper Deschutes Market Road to County Line 28 Little Deschutes River 12 106 miles Federal Wild and Scenic Rivers Inventory: The following segments of the Deschutes River have been designated as Federal Recreation and Scenic rivers by the passage of the 1988 Omnibus Oregon Wild and Scenic Rivers Act of 1988. Congress mandated the US Forest Service to prepare a management plan for the these segments of the Deschutes River. The plans are scheduled for completion in 1993. Miles Deschutes River Wickiup Dam to Fall River 22 Fall River to N. Boundary Sun River 20 N. Boundary Sun River to Bend UGB 13 Squaw Creek 36 includes all tributaries within the Three Sisters Wilderness, Soap Creek and the main stem from the wilderness boundary to the stream flow gauge station. Total: 91 miles Conflicting Use Determination and ESEE analysis: The ESEE analysis of uses conflicting with the State Scenic Waterway and Federal Wild and Scenic Rivers is contained in the Deschutes County/City of Bend River Study, April 1986 and the May 21, 1986 River Study Staff Report, the relevant ORDINANCE 92-052 - Exhibit E - November 25, 1992 Page 1 portions of which are incorporated herein by reference. Program for Resource Protection: The following ESEE analysis supplements that contained in the River Study and its accompanying Staff Report, the relevant portions of which are incorporated herein by reference. Based on the ESEE analysis, the resource and the conflicting uses are important relative to each other, and the identified ESEE consequences should be balanced in order to allow the conflicting use but in a limited way so as to protect the resource to the desired extent. The implementing measures for protection of the State Scenic Waterways are the provisions of the Oregon Administrative Rules Chapter 736, Division 40. The Federal Scenic Rivers will be regulated by plans to be developed by the US Forest Service and the BIM. Deschutes County is formally participating in the development of both the State and Federal management plans for the designated rivers and streams. The County and the Forest Service have agreed to a Memorandum of Understanding (September 5, 1984) which requires cooperation on a continuing basis to assure a smooth interface between the Forest Land Management Plan and the County Comprehensive Plan. The County and the BLM have entered and agreement (June 11, 1981) which requires a process for the County and the BLM to jointly identify, communicate and coordinate actions of common concern relating to the management of lands and resources and provide a mechanism for continuing involvement in the development and revision of land use plans. The county implementing measures to protect the Federal Wild and Scenic Rivers and State Scenic Waterways include: Title 18.88 - Landscape Management Zone Title 18.96 - Flood Plain Zone Title 18.116.210 - Conservation Easements Title 18.116.160 - Rimrock Setbacks Title 18.116.130 - Hydroelectric Facilities Title 18.128.040(W) - Fill and Removal Ordinance 86-019 - Amendments to Open Space and Recreation Goals and Policies in the Deschutes County Comprehensive Plan As part of periodic review the county adopted Ordinance 92-034 which amended the Landscape Management Zone in the Deschutes County Code to implement design review standards and regulations which either conform with or are more restrictive than those required by the State Scenic Waterway regulations. The county also adopted Ordinance 92-033 which amended PL -20, Deschutes County Year 2000 Comprehensive Plan goals and policies regarding open space. ORDINANCE 92-052 - Exhibit E - November 25, 1992 Page 2 EXHIBIT F ENERGY SOURCES Hydroelectric Sites Inventory: Hydroelectric Resources of the Upper Deschutes River Basin Deschutes County. Available information is adequate to indicate that the resource is significant. See the Deschutes County/City of Bend River Study page 4-1 and Appendix D. The City of Bend/Deschutes County River Study inventoried 16 proposed hydroelectric project sites in Deschutes County. Twelve were located on the Deschutes River; two on Tumalo Creek; and two on Squaw Creek and one on the Crooked river in Deschutes County. Location of proposed projects and quantity (capacity in megawatts): Project Name River Mile Capacity (megawatts) Deschutes River Crane Prairie 239 0.6 Wickiup Dam 226.8 7.0 Pringle Falls 217 1.6 Lava Diversion 182.4 11.5 Dillon Falls 177.6 7.2 Aspen Diversion 175.2 3.2 Island Diversion 174.6 7.5 Arnold Flume 174.5 4.2 COI Siphon 170.0 6.5 Bend Canal Diversion 162.4 2.0 North Canal Dam 164.8 3.0 Tumalo Creek Columbia Southern 9.5 9.3 Squaw Creek Squaw Creek 25.0 0.6 Squaw Creek 30.5 3.5 Crooked River Crooked River Drop 164.8. 10.7 For a more detailed discussion of the hydroelectric resources in Deschutes County see the Deschutes County/City of Bend River Study, April 1986. Chapter 2, 3, and 4; also refer to the River Study Staff Report. The River Study and River Study Staff report are incorporated herein by reference. ORDINANCE 92-052 - Exhibit F - November 25, 1992 Page 1 Conflicting Use Determination: Chapter 4 of the River Study describes the conflicting uses as fish and wildlife, scenic, and recreation resources, residential, commercial and resort uses. ESEE Analysis of Conflicting Uses: Chapter 4 of the River Study contains an ESEE analysis the potential hydroelectric projects. The River Study Staff Report also contains ESEE analysis for hydro sites on four reaches of the Deschutes River, Fall River, Little Deschutes River, Squaw Creek and the Crooked River within Deschutes County. In 1985 the legislature enacted into law ORS 543.165, 543.170 and 543.175 which prohibits issuance of permits for construction of any hydroelectric facility or structure on: the Deschutes River between river mile 172 below Lava Island Falls and river mile 227 below but not including Wickiup Dam; Squaw Creek; and, within the city limits of the City of Bend. The ESEE analysis findings in the River Study Staff Report regarding hydroelectric resources were adopted in 1986 by the Board of County Commissioners by enactment Ordinance 86-017 and 86-018 which have been incorporated into Title 18 and Title 19 of the Deschutes County Code. Ordinance 89-019 was adopted at the same time and amends the Deschutes County Year 2000 Comprehensive Plan Energy Goals and Policies as recommended by the River Study and Staff Report. The ordinances adopted by the Board of Commissioners conform with the statute adopted by the legislature in that they prohibit hydroelectric development on certain reaches of the Deschutes River. Program For Resource Protection: Based on the ESEE analysis in the River Study Staff Report, the ordinance also prohibit new hydroelectric facilities on the Crooked River in Deschutes County, Fall River, the Little Deschutes River, Spring River, Paulina Creek, Squaw Creek and Tumalo Creek. New facilities were prohibited on these rivers and streams because the ESEE analysis made findings that conflicting uses (fish, wildlife, riparian habitat scenic and recreation) were more important relative to the potential hydroelectric resources and therefore, development of new hydro electric resources should be strictly limited. The implementing measures to protect the hydroelectric sites and regulate hydroelectric development are found in Ordinance 86-017 which amended PL -11 (Title 19.88.190) and Ordinance 86-018 which amended PL -15 (Title 18.116 and 18.128.104(V). ORDINANCE 92-052 - Exhibit F - November 25, 1992 Page 2 Geothermal Resources The County adopted Ordinance 85-001 on February 13, 1985. This ordinance complies with Goal 5 (OAR 660-16). The ordinance amended the Comprehensive plan and adopted a Geothermal Resource Element including a resource inventory and ESEE analysis. Since the adoption of the Geothermal Resource Element, the BPA has approved a proposal from the Eugene Water and Electric Board develop a geothermal production plant on the Newberry Volcano. This proposal is located in an area identified in the county Resource Element and is also identified as a federal Known Geothermal Resource Area (KGRA). Future environmental review and leasing for this site will be administered by the USFS and the BIM. The project will be coordinated with the County through the Co-operative agreements with these federal agencies. Except for this site no other resource sites are currently active. ORDINANCE 92-052 - Exhibit F - November 25, 1992 Page 3