2003-915-Ordinance No. 2003-012 Recorded 6/2/2003REVIEWED
LEGAL COUNSEL
REVIEWED
(j�
CODE RE - COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
111111,1111 II II 1111111111111111111
2000 vis
RECORDS C
CLERK Y 1003■915
06/02/2003 03:38:51 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Ordinance, of the Deschutes
County Code, to Adopt Text to Allow a Specific
Use in Chapter 18.60, Rural Residential Zone, and
to Amend the Official Zoning Map by Changing
the Zone for Certain Property from Forest Use 2
(172) to Rural Residential (RR -10), and Declaring
an Emergency.
* ORDINANCE NO. 2003-012
*
WHEREAS, Oregon Water Wonderland Unit 2 Sewer District and the United States Department of
Agriculture, U.S. Forest Service, applied for a plan amendment to change the County Comprehensive Plan
Designation from Forest to Rural Residential Exception Area, and change the zoning of the property from Forest
Use 2 (F-2) to Rural Residential (RR -10) with a limited use combining zone. The request proposed the County
adopt an exception to Goal 4 (Forest Lands) and Goal 11 (Public Facilities and Services); and
WHEREAS, the justification for said Zone Change requires that the subject property be rezoned to
Rural Residential (RR -10) with a limited use combining zone; and
WHEREAS, public hearings were held on November 14, 2002 and December 12, 2002, after notice was
given in accordance with applicable law, before the County Planning Commission; and
WHEREAS, the Planning Commission recommended approval of the proposed amendment; and
WHEREAS, a de novo public hearing was held on February 25, 2003, after notice was given in
accordance with applicable law, before the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners approved the change in zoning from F2 to RR -10
with a limited use combining zone through issuance of an oral decision on March 19, 2003; and
WHEREAS, the approval of a Limited Use Combining Zone to the Rural Residential Zone allows for
only the following uses to occur: a sewage treatment facility, effluent ponds, ground application of treated
effluent, agricultural use and propagation or harvesting of a forest product. Site plan review for the sewage
treatment plant will require the applicant to submit a conservation easement and plan of implementing the
conservation easement, that provides standards and implementation methods for managing the conservation
easement, along with a recorded road maintenance agreement between the applicant and the Beaver Special
Road District, with the site plan review application. The road maintenance agreement between the applicant and
the Beaver Special Road District shall include the applicant's pro rata share for the maintenance cost of Foster
Road through certain property described in Exhibit "A" and depicted on Exhibit `B"; and
WHEREAS, the Board of County Commissioners approved the change in zoning from F2 to RR -10
with a limited use combining zone through issuance of their Findings and Decision attached as Exhibit "C" now,
therefore,
PAGE 1 OF 3 - ORDINANCE NO. 2003-012 (5/28/03)
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The official zoning map for Title ' 18, the Deschutes County Zoning
Ordinance, as amended, is further amended by zoning certain land, as described in Exhibit "A" and depicted on
Exhibit `B" as Rural Residential with a Limited Use Combining Zone (RR-10/LU), attached hereto and by this
reference incorporated herein.
Section 2. AMENDMENT. DCC 18.60 is amended to read as described in Exhibit "D," attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
str-ileetkr-eagk.
Section 3. FINDINGS. In support of this ordinance, the Board adopts its decision for file ZC-02-3
attached hereto as Exhibit "C" and by this reference incorporated herein.
Section 4. 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.
PAGE 2 OF 3 - ORDINANCE NO. 2003-012 (5/28/03)
DATED this d day of (� , 2003.
BOARD OF COUNTY COMMISSIONERS
OF DESC TES COUNTY, OREGON
Ng&Nis R. LUKE, air
TOM EWOLF, Comm s er
a
Date of 1" Reading: 4 "y day o 52003.
Date of 2"d Reading day of , 2003.
Record of Adoption ote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tom DeWolf r/
Michael M. Daly
Effective date: �day of , 2003.
ATTEST:
C O
Recording Secretary
PAGE 3 OF 3 - ORDINANCE NO. 2003-012 (5/28/03)
EXHIBIT "A"
T. 20 S, R. 10 E., W.M.
Section 25, E 1/2, E1/2NW1/4, E1/2SW1/4.
PAGE 1 of 1 — EXHIBIT "A" TO ORDINANCE 2003-012 (6/02/03)
FINDINGS AND DECISION OF
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
FILE NUMBERS: PA-02-5/ZC-02-3
APPLICANTS: Oregon Water Wonderland Unit 2 Sewer District
c/o Ery Remmel
N. 3rd Street
Bend, OR 97701
APPLICANTS' Bryant, Emerson & Fitch
ATTORNEY: c/o Edward P. Fitch
888 West Evergreen Avenue
P.O. Box 457
Redmond, OR 97756-0103
PROPERTY OWNER: United States Department of Agriculture
Forest Service
Bend - Fort Rock Ranger District
1230 N. 3rd Street
Bend, OR 97701
REQUEST: The applicants request a comprehensive plan amendment from Forest to
Rural Residential Exception Area and a zone change from Forest Use 2
(F2) to Rural Residential (RR -10) and apply a Limited Use (LU)
Combining Zone. The request also includes exceptions to Statewide
Planning Goals 4 (Forest) and 11 (Public Facilities & Services). The
purpose of the proposal is to allow for the expansion of Oregon Water
Wonderland Unit 2 sewage treatment facility onto the property (Section
25), which will include sewage lagoons and the spraying of effluent onto
approximately 100 acres of the subject property.
The applicant proposes 2 alternative projects to be considered if the
primary proposal is not approved, which will also require exceptions to
Statewide Planning Goals. The first is to make improvements to the
existing sewer system, expand the lagoon system and disperse the
effluent at an irrigation site on the property. The second alternative is to
pump the sewage to the Sunriver wastewater treatment facility via a
main force line along South Century Drive.
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 1 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
HEARINGS BODY: Deschutes County Board of Commissioners
STAFF REVIEWER: Chris Schmoyer, Associate Planner
HEARING DATE: February 25, 2003
RECORD CLOSED: March 11, 2003
I. APPLICABLE STANDARDS AND CRITERIA:
A. Local Requirements
Title 18, The Deschutes County Zoning Ordinance.
Chapter 18.04, Title, Purpose and Definitions
Section 18.04.030, Definition — Solid Waste
Section 18.04.030 Definition — Utility Facility
Chapter 18.40, Forest Use — F-2 Zone
Section 18.40.020, Uses Permitted Outright
Section 18.40.030, Conditional Uses Permitted
Chapter 18.136, Amendments
Section 18.136.030, Resolution of Intent to Rezone
Title 22 of the DCC, Deschutes County Development Procedures Ordinance
Chapter 22.12, Legislative Procedures
Title 23, The Deschutes County Comprehensive Plan
Section 23.44 Regional Problem Solving for South Deschutes County
B. State Requirements
Oregon Administrative Rules (OAR), Chapter 660
Division 4, Interpretation of Goal 2 Exception Process
OAR 660-04-010, Application of the Goal 2 Exception Process to Certain Goals
OAR 660-04-015, Inclusion as Part of the Plan
OAR 660-04-018, Planning and Zoning for Exception Areas
OAR 660-04-020, Goal 2, Part I I (c), Exception Requirements
OAR 660-04-022, Reasons Necessary to Justify an Exception under Goal 2, Part
I I (c)
OAR 660-04-030, Notice and Adoption of An Exception
Division 011, Public Facilities
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 2 OF 41– EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
OAR 660-011-0060 Sewer Service to Rural Lands
Division 12, Transportation Planning Rule
OAR 660-12-060, Plan and Land Use Regulation Amendments
Division 15, Statewide Planning Goals and Guidelines:
Goal 2: Land Use Planning
Goal 4: Forest Lands
Goal 11: Public Facilities & Services
II. FINDINGS OF FACT:
A. Location: The subject property (Section 25) has an assigned address of 16480 South
Century Drive, Bend and is approximately 480 acres in size, and is located approximately 18
miles south of Bend and 4 miles southwest of Sunriver and is described on County
Assessor's Map 20-10-0000 (index map) as tax lot 1900. South Century Drive and Foster
Road go through the property. Private lands surround the parcel, except for the southwest
corner, where it adjoins other scattered National Forest land. Oregon Water Wonderland
Unit 2 (OWW2) Sewer District is located directly to the northeast and shares a corner with
this parcel.
B. Zoning and Plan Designation: The subject property is designated Forest on the
Deschutes County Comprehensive Plan Map and is zoned Forest Use (F-2).
C. Site Description: Section 25 is located adjacent and to the southwest of the OWW2
Sewer District boundary and is separated only by South Century Drive from the Oregon
Water Wonderland subdivision. The site is within the Deschutes National Forest. The
property is relatively flat and supports a mixture of both young and mature pine trees.
Section 25 is isolated from other National Forest land and is nearly completely surrounded
by private land and rural housing. Foster Road goes through the property and is used by the
public to access homes and other National Forest lands. There are no streams or other
surface water on the parcel except for a small wetland area approximately 7 acres in size is
located in the northwest portion of the property.
D. Soils: Section 25 contains four broad soil mapping units shown on the soil map. Soil A
contains wetland soils, included with the applicants' burden of proof statement. They have
water to the surface a significant part of the year. On June 20, 2001, water levels were 14-
20 inches below the surface. The soils have a black surface horizon with peat layers. These
wetlands are old meander scars from the Deschutes River which have filled in with pumice,
ash, silts, and peat.
Soil Complex B has soils which have about 40 -inches of excessively well drained sand over
a buried soil with a texture that ranges from sand to loamy sand to gravelly sand. This unit
occurs on a high terrace adjacent to the Deschutes River. The slopes are generally level. At
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 3 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
the edge of the terrace, there are layers at 40-50 inches below the surface of dark pea gravel.
The soils in this complex have a similar sequence of horizons and texture. They do,
however, vary in this drainage. The complex contains several soil sequences. They differ in
the height of the seasonal water table. Depth to spring water levels vary from 30 -inches to
greater than 5 -feet.
Soil Complex C is a terrace that appears to have been modified by the Little Deschutes
River. This unit appears to be an area where approximately 20 -inches of the pumice from
Mt. Mazama have been eroded away. The events which caused the erosion have created
small channels. On the high ground, seasonal water levels are less than 30 -inches from the
surface. In the low areas, water is at the surface on wet years in March and April. The unit
contains several soil types. On the higher positions, there are soils with about 24-30 inches
of sand over a buried soil with a texture of a loamy sand to a sand. Seasonal water levels
come to within 12 inches of the surface in places. During May 2001, water levels were at 7 -
feet. (This was an exceptionally dry year. Water levels are generally 4 -feet lower than
normal.)
Another soil occurring in Soil Complex C has about 24 -inches of sand over a buried sandy
loam soil with a seasonal water table near the surface. This soil occurs in the low areas
usually old small channels, This complex also contains a poorly drained silt found in the
larger channels. Water is at the surface for periods of March and April. Soil D is an
intermediate terrace, It contains sandy soils with a spring water table at about 24 -inches.
E. Surrounding Zoning and Land Use: Zoning surrounding the Section 25 parcel
consists of Rural Residential (RR- 10). To the west of Section 25 is Oregon Water
Wonderland Unit 1 subdivision. To the north of Section 25 is Oregon Water Wonderland
Unit 2 subdivision. To the east of Section 25 are rural residential lots and to the south is
Pinewood Country Estates.
F. Proposal: The applicants request a comprehensive plan amendment from Forest to
Rural Residential Exception Area and a zone change from Forest Use 2 (172) to Rural
Residential (RR -10) and apply a Limited Use (LU) Combining Zone. The request also
includes exceptions to Statewide Planning Goals 4 (Forest) and 11 (Public Facilities &
Services). The purpose of the proposal is to allow for the expansion of Oregon Water
Wonderland Unit 2 sewage treatment facility onto the property (Section 25) which will
include, sewage lagoons and the spraying of effluent onto approximately 100 acres of the
subject property.
The applicant proposes 2 alternative projects to be considered if the primary proposal is not
approved, which will also require exceptions to Statewide Planning Goals. The first is to
make improvements to the existing sewer system, expand the lagoon system and disperse
the effluent at an irrigation site on the property. The second alternative is to pump the
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 4 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
sewage to the Sunriver wastewater treatment facility via a main force line along South
Century Drive.
For the purpose of the County's review of these applications, there is actually only 1
alternative to Section 25 and that is the piping of effluent from OWW2's existing
facility site to Sunriver. This is because the first alternative and the primary proposal
are virtually the same under applicable land use regulations.
G. Background: Oregon Water Wonderland Unit 2 (OWW2) is a large rural residential
subdivision south of Sunriver containing over 1,000 lots. OWW2 has a sewer district
currently serving 286 of these lots. The existing sewage facility is in poor condition and
does not comply with current Oregon Department of Environmental Quality regulations.
Additionally, there are many failing on-site septic systems and numerous lots that cannot
support an on-site septic system due to the high water table in the area. Therefore, OWW2
Sewer District must take action to resolve this problem and is proposing to do so through
submittal of these land use applications.
The applicants propose a level 1 vacuum sewer system for Section 25 that would include 2
storage lagoons, one 10 acres in size and the other 5 acres in size. Additionally, effluent
would be sprayed onto future orchard grass fields consisting of approximately 100 acres via
a pump station. The Sunriver Sewer system is a Level 3 that is upgrading to a Level 4.
According to the Wastewater Facilities Plan Addendum by Tye Engineering:
The system would include one pit for every two lots that are outside of the existing gravity
collection system. This amounts to 352 new vacuum pits (or septic tanks), which are
directed into a (vacuum) main line and to the vacuum (or pump) station. From the vacuum
(pump) station, raw sewage is sent through a force main to the existing facultative lagoon.
Ultimately, there will be a total of approximately 500 vacuum pits or septic tanks. The
vacuum pits are septic tanks that would be placed within but at the edge of the right-of-way
of the public roads within OWW2. Based on data from the County's GIS department (May
2002 data), there are 1,036 platted lots within OWW2 subdivision. Some of these lots have
been consolidated into a single homesite. 483 of these lots contain dwellings, 168 of these
lots are currently connected to the existing sewer system and 315 currently have onsite
septic systems. Of the 1,036 platted lots, 249 are red lots, which are lots identified as having
a water table of 2 feet or less below grade. Of the 249 red lots, 73 currently contain a
dwelling and 176 do not.
It is evident that there are many failing on-site septic systems and numerous lots that cannot
support an on-site septic system due to the high water table in the area. Therefore, OWW2
Sewer District must take action to resolve this problem and is proposing to do so through
submittal of these land use applications.
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 5 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
The Regional Problem Solving (RPS) Section of the Deschutes County Comprehensive
Plan, Chapter 23.44, identifies OWW2 as an area of focus for resolving the ground water
issues in South Deschutes County. The County Board of Commissioners entered into
separate memorandum of understanding (MOU's) with OWW2 Sanitary District and the
Forest Service. The MOU's are agreements between the parties that establish standards of
cooperation for implementing solutions of the County's RPS project. In the MOU between
the County and OWW2, Deschutes County agreed to provide support for expansion of the
OWW2 Sewer District facility by assisting the District in:
1) Determining whether any suitable private lands are available for expansion
1) Acquiring suitable National Forest land for expansion, if there are no reasonable
alternatives on private land.
3) Identifying and obtaining funding sources for expansion of the sanitary facility.
Item 1 In the MOU between the County and the Forest Service, both parties agreed to
..."support and assist in efforts to identify suitable National Forest land for expansion of the
Oregon Water Wonderland II sewer system, if there are no suitable alternatives on private
land". The Forest Service has issued a decision approving the transfer of the subject
property in Section 25 to OWW2.
The Planning Commission issued their recommendation to the Board of Commissioners on
the matter at their January 9, 2003 Meeting. At the January 9t' meeting, Commissioner
Brenda Pace provided the following motion regarding this matter: "I move that we accept
Section 25 with the condition that the County require a condition that the County require a
conservation easement over the property to co -holders consisting of the County and a local
non-profit organization. That the conservation easement will include the requirement to
manage the excess land as habitat for deer, elk, raptors and associated species, fire control
and timber and for the control of invasive exotic species and dumping. That if the appraised
value as conducted by the Forest Service with the conservation easement requirements is
less than the budgeted amount of 672, 000 [dollars], then the difference be transferred to the
conservation organization as a permitted endowment for the property." Commissioner
Peter Gramlich seconded Commissioner Pace's motion. Following discussion with
Community Development Director George Read, Commissioner Pace added: "or 150, 000
dollars be provided under a schedule by Oregon Water Wonderland to the non-profit as an
endowment." The remaining Commission members all stated aye in support of the motion
stated by Commissioner Pace and seconded by Commissioner Gramlich.
H. Public/Private Agency Comments: The Planning Division mailed notice of the
applicants' proposal and the scheduled public hearings to a number of public and private
agencies and received responses from the following:
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 6 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
1) Property Address Coordinator: The address for this property is: 16480 South Century
Drive. This is subject to change. The applicant shall submit a plot plan showing the
access location to property address coordinator so that the address can be verified for
accuracy.
2) County Environmental Health Division: Sewage Treatment facility will require
approval from DEQ in the form of a WPCF permit. Contact person is Dick Nichols
@ 541-388-6146 ext. 251
3) The following agencies either had no comment or did not respond to the notices: the
Deschutes County Assessor, Department of Environmental Quality, County Building
Safety Division, Deschutes County Road Department, County Senior Transportation
Planner; the Oregon Department of Land Conservation and Development (DLCD);
La Pine Rural Fire Protection District and the Oregon Department of Water
Resources, Watermaster-District 11.
I. Public Notice and Comments: The Planning Division mailed individual written notice
of the applicants' proposal and the public hearing to the owners of record of all property
located within 750 feet of the subject property. In addition, notice of the public hearing was
published in the "Bend Bulletin" newspaper and the County received letters regarding this
proposal. Additionally, notification of these public hearings was posted in the Deschutes
County Board of Commissioners Lobby, the Deschutes County Community Development
Department (CDD) Lobby and the CDD Satellite Office in La Pine. The letters received
express concerns regarding establishment of the sewage facility on Section 25 that include:
Odors from Lagoons and spraying of effluent, decrease in property values of lots adjacent or
near the site, negative impact to wildlife in the area, ground water contamination from
sewage lagoons and removal of trees, highest impact to Oregon Water Wonderland Unit 1
without any benefits to OWWI. A letter from Jim Sollenberger, President Board of
Directors of Oregon Water Wonderland Unit 2 Sewer District includes a petition signed by
over 400 residents and property owners of OWW2. These petitions express OWW2
residents' interest in the Section 25 option and their disinterest in pumping sewage to
Sunriver due to the fear of not being able to control current and future costs, higher total
costs and service fees exceeding the affordability of OWW2 residents.
Letters received from the public express concerns regarding the pumping of effluent to
Sunriver include the environmental effects and costs of piping to Sunriver. The District
indicated that the Sunriver option would require additional engineering, environmental
review and public process that could jeopardize the RUS funding and that the piping would
require the sewage to be chemically treated before being sent to Sunriver to prevent
corrosion of the piping that would cost an estimated $40,000 per year. A letter submitted to
the Board from the President and General Manager of the Sunriver Owners Association
indicates that the SROA Board of Directors voted unanimously to oppose use of the
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 7 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
Sunriver Sewage treatment plan for the processing of the OWW2 Subdivision sewage due to
plant capacity and the potential for increased odors from Sunriver sewage plant due to the
inability to meet treatment standards.
III. CONCLUSIONS OF LAW:
LOCAL REQUIREMENTS
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.40, Forest Use — F2 Zone
a. Section 18.40.020, Uses Permitted Outright
G. The following uses and their accessory uses are permitted outright, subject to
applicable siting criteria set forth in this chapter and any other applicable
provisions of this title.
•
A. Uses to conserve soil, air and water quality and to provide for wildlife
and fisheries resources
b. Section 18.40.030, Conditional Uses Permitted
The following uses and their accessory uses may be allowed in the Forest
Zone, subject to applicable provisions of the Comprehensive Plan, Section
18.36.040 of this title and other applicable provisions of this section.
Disposal site for solid waste for which the
Department of Environmental Quality has granted a permit under Oregon Revised
Statutes 459.245, together with equipment, facilities or buildings necessary for its
operation.
FINDING: The subject property is zoned F2. The proposed wastewater treatment facility is not a use
permitted outright or conditionally in the F2 Zone. Section 18.04.030 defines "solid waste" as garbage.
Therefore, the use listed in subsection (F) is a landfill or similar facility. Section 18.04.030 defines
"utility facility" to include "any major structures ... owned or operated by a public ... sewage or
water company ... for the disposal of... waste ... and including ... sewage lagoons ... and similar
facilities." Based upon this definition, the proposed wastewater treatment facility is a "utility facility."
The only "utility facility" permitted conditionally in the F2 Zone is a utility facility "for the purpose of
generating power." For these reasons, the wastewater treatment facility is not a permitted use in the F2
Zone and the applicants must demonstrate the proposal qualifies for a plan amendment, zone change
and goal exception.
2. Chapter 18.136, Amendments
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 8 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
A. 18.136.010. Amendments.
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for
text or legislative map changes shall be as set forth in DCC 22.12. A request by
a property owner for a quasi-judicial map amendment shall be accomplished by
filing an application on forms provided by the Planning Department and shall
be subject to applicable procedures of DCC Title 22.
B. 18.136.020. Rezoning standards.
The applicant for a quasi-judicial rezoning must establish that the public
interest is best served by rezoning the property. Factors to be demonstrated by
the applicant are...
a. That the change conforms with the Comprehensive
Plan, and the change is consistent with the plan's introductory
statement and goals.
b. That the change in classification for the subject property is
consistent with the purpose and intent of the proposed zone
classification.
FINDING: This matter is being processed in accordance with section 22.12 as required in subsection
(A) above. Regarding subjection (B) above a question could exist as to the rezoning of one lot for the
sewage treatment facility could be considered a quasi-judicial action. Therefore, the quasi-judicial
rezoning standards of this section have been followed and are applicable to this request.
c That changing the zoning will presently serve the public
health, safety and welfare considering the following factors:
1. The availability and efficiency of providing necessary
public services and facilities.
2. The impacts on surrounding land use will be
consistent with the specific goals and policies
contained within the Comprehensive Plan.
d That there has been a change in circumstances since the
property was last zoned, or a mistake was made in the zoning
of the property in questions. (Ord. 95-050 § 4, 1995; Ord. 91-
020 § 1,1991; Ord. 86-032 § 1, 1986 Ord. 83-065 § 1,1983).
FINDING: The Board finds that the public interest is best served by rezoning the property. The
reasons for rezoning this property in contrast to requiring OWW to connect to Sunriver are set forth in
this Decision in the Findings regarding alternatives set forth under DCC Sections 23.92.030 (4) and (5)
and OAR 660-004-0020 (2) (b). The Board further finds that the rezoning is consistent with the
Comprehensive Plan because it enables the County and District to meet the objectives of Section
23.44.010 regarding the regional problem solving project for the south Deschutes County.
Further, this change in zoning will serve the public health, safety and welfare by providing necessary
public services to alleviate the impact of nitrates from septic systems in the south Deschutes County
area where the sewage system is approved by the Department of Environmental Quality. The Board
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 9 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
finds that the impact of this project on the surrounding land uses will be consistent with the policies
contained within the comprehensive plan. The Board further incorporates the findings set forth on
pages 12-13 and pages 33-35 regarding the improvements on the subject property and the design
characteristics which will mitigate any adverse impact on surrounding properties.
Finally, the Board finds that there has been a change in circumstances since this property was last
zoned because of (1) the result of the regional problem solving project for the South County
encouraged the acquisition of USFS land for expansion of municipal or quasi -municipal sewage
systems; (2) the urgent need to address the sewage requirements of OWW; and (3) the lack of any
plausible alternatives to accommodate the expansion of that sewage system.
B. TITLE 23, DESCHUTES COUNTY COMPREHENSIVE PLAN
Excerpts of the pertinent chapters of the Title 23 are referenced below:
1. Chapter 23.44, Regional Problem Solving for South Deschutes County
A) 23.44.020. Goals.
1. To preserve water and air quality, reduce wildfire hazards and
protect wildlife habitat.
2. To ensure that domestic water derived from groundwater meets safe
drinking water standards.
B) 23.44.030. Strategies.
1. The County shall continue to work with landowners, citizens,
community organizations and governmental agencies at the local,
state and federal level to:
a. Continue collaborative work on the Regional Problem
Solving project.
3 The County shall continue to evaluate means to reduce nitrate
loading from on-site sewage disposal systems by exploring innovative
on-site sewage treatment and disposal technology, retrofitting of
existing substandard or inappropriately located disposal systems,
expansion of sewer systems, development of standards such as an
effective lot area or variable lot area requirements, or other
measures that will accomplish the goals.
FINDING: The Regional Problem Solving Project (RPS) identifies OWW2 subdivision as a portion
of "Study Area 1" on the project area map in the comprehensive plan, which identifies areas in the
County that have significant ground water issues. OWW2 is identified as an area of the County that
has increasing levels of nitrates in the groundwater that is caused by a combination of a high water
table and usage of failing septic systems. The proposal for Section 25 would be in conformance with
the above sections of the Chapter 23.44.
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 10 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
2. Chapter 23.68, PUBLIC FACILITIES AND SERVICES
23.68.020. Policies.
1. General.
a. Public facilities and services shall be provided at levels and in areas
appropriate for such uses based upon the carrying capacity of the land, air
and water, as well as the important distinction that must be made between
urban and rural services. In this way public services may guide
development while remaining in concert with the public's needs.
2. Utilities.
a.Utility companies shall be offered an opportunity to comment on their ability
to serve proposed developments.
c.When feasible all utility lines and facilities shall be located on or adjacent to
existing public or private rights-of-way so as to avoid dividing
existing farm units, and transmission lines should be located
within existing corridors as much as possible.
g.Mutual agreements between the County and the cities shall assure sewer and
water systems are extended in a planned manner.
h.Sewage treatment plants offer both problems and opportunities. To decrease the
impact of noise and odor a large buffer area shall be required.
The treated sewage (both septic tank sludge and municipal water)
should be used as a resource and drill hole disposal discouraged.
FINDING: Section 25 is in conformance with above sections. The County Board of Commissioners
entered into separate memorandum of understanding (MOU's) with OWW2 Sanitary District and the
Forest Service. The MOU's are agreements between the parties that establish standards of cooperation
for implementing solutions of the County's RPS project. In the MOU between the County and
OWW2, Deschutes County agreed to provide support for expansion of the OWW2 Sewer District
facility by assisting the District in:
1) Determining whether any suitable private lands are available for expansion
2) Acquiring suitable National Forest land for expansion, if there are no reasonable
alternatives on private land.
3) Identifying and obtaining funding sources for expansion of the sanitary facility.
Item 1 In the MOU between the County and the Forest Service, both parties agreed to ..."support and
assist in efforts to identify suitable National Forest land for expansion of the Oregon Water
Wonderland II sewer system, if there are no suitable alternatives on private land". The applicant's
burden of proof statement indicates that the Forest Service has issued a decision approving the transfer
of the subject property to OWW2.
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Regarding 2 (h) above, the applicant's have indicated on the maps presented at the hearing (See
Attachment A) that the ponds and spraying of effluent on the Section 25 site will be setback from
surrounding lands at least 500 feet. Negative impacts on surrounding residential lots while an
appropriate concern will be mitigated by the requirements imposed on this project by the Department
of Environmental Quality. The holding ponds or lagoons will be appropriately lined so that there will
not be leakage into the subsurface. The system is designed to provide for nitrates to be taken up by the
growing crops. Effluent will not be utilized for irrigation purposes except during the growing season.
Furthermore, monitoring wells will be installed to ensure that there is no degradation of the ground
water from the effluent system to be constructed on Section 25. Finally, since the sewage will be
initially treated at the waste water treatment facility at Oregon Water Wonderland, odors shall not be a
factor in the area surrounding Section 25 based upon the removal of solids at the waste water treatment
facility and the setbacks from the effluent pump to Section 25. Many of the details of this design can
be adequately addressed in the site and design approval process.
3. Chapter 23.92, FOREST LANDS
A) 23.92.020. Goal.
Because of the local importance of forest lands the following goal has been set:
To conserve forest lands for forest uses.
B) 23.92.030. Policies.
1. In order to conserve and maintain impacted forest lands for forest use the
County shall identify and zone as F-2 those lands which have the
following characteristics:
a. Consist predominantly of ownerships developed for residential or
other non -forest uses;
b. Consist predominantly of ownerships less than 160 acres in size;
c. Consist of ownerships generally contiguous to tracts containing less
than 160 acres and residences, or adjacent to acknowledged
exception areas;
2. Except as identified in this plan non -forest uses shall be discouraged in
existing forested areas.
FINDING: The Sunriver option would not require a goal exception to Goal 4 (Forest Lands).
However, for the reasons stated herein, the Board finds the Sunriver option is not a viable option either
financially or politically. This section does apply to the Section 25 option since it is zoned Forest Use
(F2). Regarding (B) (4) above, although Section 25 does not appear to possess the characteristics
listed, it is zoned F2. Regarding (B) (5) above, because this policy discourages non -forest uses on
land designated forest, as is Section 25, the Board is required to take a close look at options. That is,
the proposed use can only occur on Section 25 if the Sunriver option is found not to be reasonably
feasible. Since the Board does find the Sunriver option is not reasonably feasible, then for the reasons
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stated in the decision there is no other choice for the OWW2 Sewer District other than to expand the
Sewer District's facility onto Section 25, requiring the plan amendment and zone change.
OTHER OPTIONS, SUNRIVER ANALYSIS: The Board notes that the applicant must establish
that there are no viable alternatives which would not require a Goal exception before approving a plan
amendment and zone change for Section 25 as well as the exception requested by the applicant to
Goals 4 and 11 of the statewide planning goals. A number of private properties that were not zoned
within a reasonable proximity to Section 25 were reviewed by the applicant and by the U.S. Forest
Service. None of these lands met the appropriate criteria for the effluent system. The parcels were not
sufficiently large enough nor removed geographically from the Little Deschutes River by a sufficient
distance to warrant the installation of the effluent system necessary to meet the requirements for
Oregon Water Wonderland. The most substantial alternative reviewed in connection with this
application was a general proposal by Sunriver Environmental LLC to receive raw sewage from
Oregon Water Wonderland and have that sewage treated at the Sunriver Sewage Plant. This option
received considerable attention and analysis. That option would entail the pumping of the sewage
approximately 5 miles from the Oregon Water Wonderland site to Sunriver. The pipe would cross the
Little Deschutes River and adjacent wetlands area and then generally follow the road right-of-way for
South Century Drive north to Sunriver.
The Board acknowledges that the financial analysis of the two alternatives of Section 25 and Sunriver
is difficult because it is comparing two substantially different types of operations. However, based
upon the testimony received and the documents submitted, particularly the information from Oregon
Water Wonderland and the Rural Utility Services, the Board makes the following findings:
The capital cost differential between the two options is slight. It is even unclear whether or not
the Sunriver option is actually "cheaper" than the Section 25 alternative because Sunriver
has indicated in its written proposal that the District would have to pay an additional
$526,000 for a flow equalization basin (FEB) tank at some point in the future. This cost,
although unclear when it would be imposed, actually makes the Sunriver capital cost
significantly more than the Section 25 option. This cost was identified in the applicant's
economic analysis as being assessed in 2007. Although it is not certain when this cost will
be incurred, the Board finds this cost should be factored into an economic analysis. The
Board also finds that even is Sunriver was slightly less on its cost, there would be little
economic benefit to the District as Rural Utility Service would merely reduce the amount of
grant money available.
2. The Sunriver option would require a monthly fee for the residents of Oregon Water
Wonderland that would be substantially higher than the $38.00 monthly fee authorized by
the voters of Oregon Water Wonderland at the Bond Election in November, 2000. The
monthly fee that would be required by Sunriver is also substantially in excess of the amount
that the residents of Oregon Water Wonderland could afford based upon statistical
information provided by the State of Oregon. That information is consistent with the $38.00
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per month authorized by the voters.
3. There is a distinct possibility the Sunriver option will create a negative cash flow for the
Oregon Water Wonderland for a number of years into the future. At best, the Sunriver
option may at some point provide a break even cash flow analysis for the District.
Prudence, however, would indicate that a local government should not base a multi-million
dollar project on a negative cash flow or in a best case scenario a break even analysis.
Based on tables submitted by David Givans (County Internal Auditor), OWW2 and review
by W & H Pacific, these finances would not allow for any negative variables in the
operation and in the infrastructure for the sewage improvements. For the reasons
(paragraphs 1, 2, and 3) stated above, the Board finds that the economic analysis presented
by the District is more plausible than all other analysis submitted.
4. As noted before, the Board finds that there is a significant need to have this project go forward.
Doing nothing is not an acceptable alternative and could lead to further degradation of the
ground water in the southern Deschutes County area as well as have a negative impact on
the Deschutes River and/or Little Deschutes River. The Board finds that the Sunriver option
is not financially feasible and is also politically unfeasible. The Board notes that there is
documentation in the record and testimony from the Sunriver Homeowners Association that
the Association is opposed to any connection of the Oregon Water Wonderland system to
the Sunriver sewage system. The Board finds that the Sunriver Homeowners Association
will have substantial influence on any ultimate decision regarding that connection and could
effectively block that decision even if the Board would approve it.
5. The Boards further finds that the financial package that would allow this project to move
forward is one that is not permanent in nature. The funding for Phase I from Rural Utility
Services was made possible by a special allocation in the 2002 Farm Bill passed by the
United States Congress. That money may not be available if this project does not move
forward within this fiscal year. The Board finds that there is substantial certainty with the
financial success of the Section 25 alternative. Politically it has already been approved by
the voters of Oregon Water Wonderland and the transfer has been approved by the U.S.
Forest Service. This raises the prospect for these improvements to be implemented within
the reasonable near future and that the financing that is now in place to be successfully
utilized by the District. Any other alternative would put in jeopardy the funds available for
these improvements and therefore put the project in jeopardy as well.
STATE REQUIREMENTS
Statewide Planning Goals are Laws regulating development. These Goals are also implemented by
Administrative rules (OAR'S). The Goals and Rules, most specifically relating to the OWW2 Sewer
District's proposal are provided below.
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PAGE 14 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
C. EXCERPT FROM DLCD's OREGON STATEWIDE PLANNING GOALS &
GUIDELINES
1. GOAL 11: PUBLIC FACILITIES AND SERVICES
OAR 660-015-0000(11)
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
Counties shall develop and adopt community public facility plans regulating facilities
and services for certain unincorporated communities outside urban growth boundaries
as specified by Commission rules.
Local Governments shall not allow the establishment or extension of sewer systems
outside urban growth boundaries or unincorporated community boundaries, or allow
new extensions of sewer lines from within urban growth boundaries or unincorporated
community boundaries to land outside those boundaries, except where the new or
extended system is the only practicable alternative to mitigate a public health hazard
and will not adversely affect farm or forest land.
FINDING: The above indicates a new or expanded sewer system is not allowed in a rural area except
as allowed under Goal 2 or when an area is declared a Public Health Hazard as determined below.
Extension of a sewer or water system means the extension of a pipe, conduit, pipeline, main,
or other physical component from or to an existing sewer or water system in order to
provide service to a use that was not served by the system on the applicable date of this rule,
regardless or whether the use is inside the service boundaries of the public or private service
provider.
FINDING: The above says existing houses served by sewer can be served by a new or upgraded
system, but, even adding pipes is not allowed except as allowed under Goal 2 or when an area is
declared a Public Health Hazard as determined below.
B. IMPLEMENTATION
5. Additional methods and devices for achieving desired types and levels of
public facilities and services should include but not be limited to the
following: (1) tax incentives and disincentives; (2) land use controls and
ordinances; (3) multiple use and joint development practices; (4) fee and
less -than -fee acquisition techniques; and (5) enforcement of local health
and safety codes.
6. Plans should provide for a detailed management program to assign
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respective implementation roles and responsibilities to those
governmental bodies operating in the planning area and having interests
in carrying out the goal.
FINDING: The above requires coordinated planning efforts by the County and Special Districts.
These are required to be considered when planning new or expanded Sewer facilities.
2. Sewer Service to Rural Lands
OAR 660-011-0060
(1) As used in this rule, unless the context requires otherwise:
(a) "Establishment of a sewer system" means the creation of a new
sewage system, including systems provided by public or private
entities;
(b) "Extension of a Sewer System" shall have the same meaning as
stated in Goal 11; Extension of a sewer or water system means
the extension of a pipe, conduit, pipeline, main, or other physical
component from or to an existing sewer or water system in order
to provide service to a use that was not served by the system on
the applicable date of this rule, regardless or whether the use is
inside the service boundaries of the public or private service
provider.
(c) "No practicable alternative to a sewer system" means a
determination by DEQ or the Oregon Health Division, pursuant
to criteria in OAR 340, Division 071, and other applicable rules
and laws, that an existing public health hazard cannot be
adequately abated by the repair or maintenance of existing sewer
systems or on-site systems or by the installation of new on-site
systems as defined in OAR 340-071-0100;
(d) "Public health hazard" means a condition whereby it is probable
that the public is exposed to disease -caused physical suffering or
illness due to the presence of inadequately treated sewage;
(e) "Sewage" means the water -carried human, animal, vegetable, or
industrial waste from residences, buildings, industrial
establishments or other places, together with such ground water
infiltration and surface water as may be present;
(f) "Sewer system" means a system that serves more than one lot or
parcel, or more than one condominium unit or more than one
unit within a planned unit development, and includes pipelines or
conduits, pump stations, force mains, and all other structures,
devices, appurtenances and facilities used for treating or
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disposing of sewage or for collecting or conducting sewage to an
ultimate point for treatment and disposal. The following are not
considered a "sewer system" for purposes of this rule:
(A) A system provided solely for the collection, transfer and/or
disposal of storm water runoff,
(B) A system provided solely for the collection, transfer and/or
disposal of animal waste from a farm use as defined in
ORS 215 <http://landru.leg.state.or.us/ors/215.html>.303.
(2) Except as provided in sections (3) and (4) of this rule,
and consistent with Goal 11, a local government shall not
allow:
(a) The establishment of new sewer systems outside urban
growth boundaries or unincorporated community
boundariesi
(b) The extension of sewer lines from within urban growth
boundaries or unincorporated community
boundaries in order to serve uses on land outside
those boundaries;
(c) The extension of sewer systems that currently serve
land outside urban growth boundaries and
unincorporated community boundaries in order to
serve uses that are outside such boundaries and are
not served by the system on the date of this rule.
FINDING: The above defines and implements the Goal 11 requirements and restates that the subject
sewer system is not allowed (except as allowed under Goal 2 below or when an area is declared a
Public Health Hazard as determined below).
(3) Components of a sewer system that serve lands inside an urban growth boundary
(UGB) may be placed on lands outside the boundary provided that the
conditions in subsections (a) and (b) of this section are met, as follows:
(b) The local government.
(A) Adopts land use regulations to ensure the sewer system shall not serve land
outside urban growth boundaries or unincorporated community
boundaries, except as authorized under section (4) of this rule; and
(B) Determines that the system satisfies ORS 215.296(1) or (2) to protect farm
and forest practices, except for systems located in the subsurface of
public roads and highways along the public right of way.
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(4) A local government may allow the establishment of a new sewer system, or the
extension of an existing sewer system, to serve land outside urban growth
boundaries and unincorporated community boundaries in order to mitigate a
public health hazard, provided that the conditions in subsections (a) and (b) of
this section are met, as follows:
(a) The Oregon Department of Environmental Quality (DEQ) or the
Oregon Health Division initially:
(A) Determines that a public health hazard exists in the area;
(B) Determines that the health hazard is caused by sewage from development
that existed in the area on the date of this rule;
(C) Describes the physical location of the identified sources of the sewage
contributing to the health hazard; and
(D) Determines that there is no practicable alternative to a sewer system in
order to abate the public health hazard; and
(b) The local government, in response to the determination in subsection
(a) of this section, and based on recommendations by DEQ and
the Oregon Health Division where appropriate:
(A) Determines the type of sewer system and service to be provided, pursuant
to section (5) of this rule;
(B) Determines the boundaries of the sewer system service area, pursuant to
section (6) of this rule;
(C) Adopts land use regulations that ensure the sewer system is designed and
constructed so that its capacity does not exceed the minimum necessary
to serve the area within the boundaries described under paragraph (B)
of this subsection, except for urban reserve areas as provided under
OAR 660-021-0040(6);
(D) Adopts land use regulations to prohibit the sewer system from serving any
uses other than those existing or allowed in the identified service area on
the date the sewer system is approved;
(E) Adopts plan and zone amendments to ensure that only rural land uses are
allowed on rural lands in the area to be served by the sewer system,
consistent with Goal 14 and OAR 660-004-0018, unless a Goal 14
exception has been acknowledged;
(F) Ensures that land use regulations do not authorize a higher density of
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residential development than would be authorized without the presence
of the sewer system; and
(G) Determines that the system satisfies ORS 215.296(l) or (2) to protect farm
and forest practices, except for systems located in the subsurface of
public roads and highways along the public right of way.
(5) Where the Department of Environmental Quality (DEQ) determines that there is
no practicable alternative to a sewer system, the local government, based on
recommendations from DEQ, shall determine the most practicable sewer
system to abate the health hazard considering the following:
(a) The system must be sufficient to abate the public health hazard
pursuant to DEQ requirements applicable to such systems; and
(b) New or expanded sewer systems serving only the health hazard area
shall be generally preferred over the extension of a sewer system
from an urban growth boundary. However, if the health hazard
area is within the service area of a sanitary authority or district,
the sewer system operated by the authority or district, if available
and sufficient, shall be preferred over other sewer system options.
(6) The local government, based on recommendations from DEQ and, where
appropriate, the Oregon Health Division, shall determine the area to be served
by a sewer system necessary to abate a health hazard. The area shall include
only the following:
(a) Lots and parcels that contain the identified sources of the sewage
contributing to the health hazard;
(b) Lots and parcels that are surrounded by or abut the parcels
described in subsection (a) of this section, provided the local
government demonstrates that, due to soils, insufficient lot size, or
other conditions, there is a reasonably clear probability that
onsite systems installed to serve uses on such lots or parcels will
fail and further contribute to the health hazard.
(7) The local government or agency responsible for the determinations pursuant to
sections (4) through (6) of this rule shall provide notice to all affected local
governments and special districts regarding opportunities to participate in such
determinations.
(8) Applicable provisions of this rule, rather than conflicting provisions of local
acknowledged zoning ordinances, shall immediately apply to local land use
decisions filed subsequent to the effective date of this rule.
FINDING: The area has not been declared a health hazard as defined above. Section 25 option must
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qualify for an exception to Statewide Planning Goal 11.
3. Oregon's Statewide Planning Goals & Guidelines, Goal 2 Land Use Planning
PART II -- EXCEPTIONS
A local government may adopt an exception to a goal when:
(a) The following standards are met:
(1) Reasons justify why the state policy embodied in the applicable goals
should not apply;
(2) Areas which do not require a new exception cannot reasonably
accommodate the use;
(3) The long-term environmental, economic, social and energy
consequences resulting from the use of the proposed site with
measures designed to reduce adverse impacts are not significantly
more adverse than would typically result from the same proposal
being located in areas requiring a goal exception other than the
proposed site; and
(4) The proposed uses are compatible with other adjacent uses or well
be so rendered through measures designed to reduce adverse
impacts.
Compatible, as used in subparagraph (4) is not intended as an absolute term meaning
no interference or adverse impacts of any type with adjacent uses.
A local government approving or denying a proposed exception shall set forth findings
of fact and a statement of reasons which demonstrate that the standards for an
exception have or have not been met.
Each notice of a public hearing on a proposed exception shall specifically note that a
goal exception is proposed and shall summarize the issues in an understandable
manner. Upon review of a decision approving or denying an exception:
(a) The commission shall be bound by any finding of fact for which there is
substantial evidence in the record of the local government proceedings
resulting in approval or denial of the exception;
(b) The commission shall determine whether the local government's findings
and reasons demonstrate that the standards for an exception have or
have not been met; and
(c) The commission shall adopt a clear statement of reasons which sets forth
the basis for the determination that the standards for an exception have
or have not been met.
Exception means a comprehensive plan provision, including an amendment to an
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acknowledged comprehensive plan, that;
(a) Is applicable to specific properties or situations and does not establish a
planning or zoning policy of general applicability;
(b) Does not comply with some or all goal requirements applicable to the
subject properties or situations; and
(c) Complies with standards for an exception.
FINDING: The above indicates that exceptions must be based upon facts and are subject to the
review of the County and the Land Conservation and Development Commission. The Board hereby
adopts by reference the findings regarding the alternatives set forth above under sections DCC Section
23.92.030 (4) and (5) and OAR 660-004-0020 (2) (b). The Board also makes the following findings:
As noted above, the Board does not find that there is any other appropriate nonresource site
within sufficient proximity to Oregon Water Wonderland that could accommodate the
effluent irrigation system required by the District. (Sunriver is not an option for the
transmission of effluent only. It is only an option for the transmission of raw sewage.)
2. The Sunriver option is neither financially nor politically feasible for the reasons stated above.
3. The Section 25 option is the most reasonable alternative because of the close proximity of this
acreage to Oregon Water Wonderland. Further, the Board finds that this parcel does not
retain its character as forest land and has become unmanageable for forest cultivation. (See
U.S. Forest Service Environmental Assessment included as Exhibit "A " to this Decision).
4. The Section 25 site has been subjected to considerable degradation of its resource character
through prior logging, and lack of proper forest management and repeated trespasses which
has resulted in the dumping of considerable refuge on the subject site. The Board finds that
the proposal by Oregon Water Wonderland will, in fact, enhance the site for wildlife habitat
by removing the refuge, clearing brush that could create a fire danger and fencing the
property with wildlife compatible fencing that would reduce the amount of trespass on the
subject property. Further, the Board finds that under the control of Oregon Water
Wonderland hunting will be prohibited from this property. The implementation of a
conservation easement together with these capital investments by Oregon Water
Wonderland will make the property compatible with wildlife and halt the further
degradation of the site as a result of trespass and dumping.
The Board finds that the design characteristics of the effluent system should be sufficient to
mitigate any adverse impact on adjoining properties. Those adverse impacts could include
odor from ground water contamination. However, the Board finds that the treatment of the
sewage at the Oregon Water Wonderland site and the transmission of effluent only will
mitigate significantly any potential adverse impact by odors. Further, there is a considerable
setback between the proposed lagoons and adjoining properties. The Board further finds
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that the design characteristic of the system which would have to be approved by the
Department of Environmental Quality will mitigate against any contamination of ground
water by nitrates. The system is designed to allow nitrates to be taken up by the crops to be
grown on the subject property. The system also provides that the lagoons shall be sufficient
in line to mitigate against any leakage into the ground water system. Finally, the Board
finds that the implementation of appropriate monitoring wells on the subject property and
continued regulation by the Department of Environmental Quality will also mitigate any
potential contamination of groundwater from this system.
6. Finally, as noted in this decision elsewhere, the Board is faced with three alternative options.
They are:
a. Doing nothing.
b. Section 25.
C. Sunriver Option.
The Board does find that there are no other viable options to these three. The Forest Service
has selected Section 25 over Section 17 for the reason stated in the Environmental
Assessment. The Board finds those reasons to be supported by substantial evidence which
evidence is set forth in the Environmental Assessment, a copy of which has been submitted
into the record.
7. The Board further finds that there is substantial evidence in the record which reflects that the
use of U.S. Forest Service land had been contemplated for some time. In fact, negotiations
leading up to and the execution of the Memorandum of Understanding approximately three
years ago indicate that even at that time there was strong evidence that there was insufficient
land near Oregon Water Wonderland to accommodate an expansion of the sewer system so
that the effluent could be utilized in an irrigation system. These memoranda and also the
findings that resulted from the regional problem solving project which identified this area as
having significant ground water issues provides substantial evidence of a significant need to
have improvements in the sewage system at Oregon Water Wonderland to address this
critical issue.
SUMMARY: Based upon the findings set forth above and those set forth in this decision including but
not limited to those under DCC Section 23.92.030 (4) and (5) and OAR 660-004-0020 (2) (b), the
Board finds that there are substantial reasons why the state policy set forth in Goals 4 and 11 cannot be
met without an exception. These findings also illustrate that there is substantial evidence to support a
conclusion that the expansion of the sewer system cannot reasonably accommodate any area which is
not required of an exception.
Further, the Board finds that the system proposed by the District and particularly those elements of the
system designed for Section 25, that the long term environmental economic social energy
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consequences resulting from the system employed at Section 25 have sufficient measured designed to
reduce adverse impacts vis-a-vis, adjoining properties and the wildlife habitat on Section 25 and that
the impacts from the use proposed for Section 25 would not be more adverse than would typically
result from the same proposal being located in any other area (e.g., Section 17 requiring a goal
exception other than the proposed site).
The Board also concludes that the proposed improvements from the District to and including the
improvements on Section 25 have been designed so that they will be compatible with other adjacent
uses particularly because of the mitigation measures through the conservation easement proposed by
the District and the requirements of the Department of Environmental Quality regarding ground water
monitoring and construction measures to ensure that there is no contamination of ground water from
the nitrates in the effluent water.
GUIDELINES
B. REGIONAL, STATE AND FEDERAL PLAN CONFORMANCE. It is expected
that regional, state and federal agency plans will conform to the comprehensive
plans of cities and counties. Cities and counties are expected to take into
account the regional, state and national needs. Regional, state and federal
agencies are expected to make their needs known during the preparation and
revision of city and county comprehensive plans. During the preparation of
their plans, federal, state and regional agencies are expected to create
opportunities for review and comment by cities and counties. In the event
existing plans are in conflict or an agreement cannot be reached during the plan
preparation process, then the Land Conservation and Development
Commission expects the affected government units to take steps to resolve the
issues. If an agreement cannot be reached, the appeals procedures in ORS
Chapter 197 may be used.
2. Minor Changes
Minor changes, i.e., those which do not have significant effect beyond the
immediate area of the change, should be based on special studies or other
information, which will serve as the factual basis to support the change. The
public need and justification for the particular change should be established.
Minor changes should not be made more frequently than once a year, if at all
possible.
F. IMPLEMENTATION MEASURES
The following types of measure should be considered for carrying out plans:
1. Management Implementation Measures
(a) Ordinances controlling the use and construction on the land, such as
building codes, sign ordinances, subdivision and zoning
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ordinances. ORS Chapter 197 requires that the provisions of the
zoning and subdivision ordinances conform to the comprehensive
plan.
(b) Plans for public facilities that are more specific than those included
in the comprehensive plan. They show the size, location, and
capacity serving each property but are not as detailed as
construction drawings.
(c) Capital improvement budgets, which set out the projects to be
constructed during the budget period.
(d) State and federal regulations affecting land use.
(e) Annexations, consolidations, mergers and other reorganization
measures.
2. Site and Area Specific implementation Measures
(a) Building permits, septic tank permits, driveway permits, etc; the
review of subdivisions and land partitioning applications; the
changing of zones and granting of conditional uses, etc.
(b) The construction of public facilities (schools, roads, water lines, etc.).
(c) The provision of land -related public services such as fire and police.
(d) The awarding of state and federal grants to local governments to
provide these facilities and services.
FINDING: The sections above describe Federal cooperation and compliance, the Planning Process
and Minor Plan Amendments, as proposed, requires these matters be subject to the Planning process.
There has been a significant coordination and public process leading to this decision documented by
the Regional Problem Solving and USFS processes noted above, the application and the record.
4. OAR 660-004-0000 Exceptions
A) Purpose
(1) The purpose of this rule is to explain the three types of exceptions set
forth in Goal 2 "Land Use Planning, Part II, Exceptions." Except
as provided for in OAR chapter 660, division 14, "Application of
the Statewide Planning Goals to the Incorporation of New Cities"
this Division interprets the exception process as it applies to
statewide Goals 3 to 19.
(2) An exception is a decision to exclude certain land from the
requirements of one or more applicable statewide goals in
accordance with the process specified in Goal 2, Part II,
Exceptions. The documentation for an exception must be set forth
in a local government's comprehensive plan. Such documentation
must support a conclusion that the standards for an exception
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have been met. The conclusion shall be based on findings of fact
supported by substantial evidence in the record of the local
proceeding and by a statement of reasons, which explain why the
proposed use not allowed by the applicable goal should be
provided for. The exceptions process is not to be used to indicate
that a jurisdiction disagrees with a goal.
(3) The intent of the exceptions process is to permit necessary flexibility
in the application of the Statewide Planning Goals. The
procedural and substantive objectives of the exceptions process
are to:
(a) Assure that citizens and governmental units have an
opportunity to participate in resolving plan conflicts while
the exception is being developed and reviewed; and
(b) Assure that findings of fact and a statement of reasons
supported by substantial evidence justify an exception to a
statewide Goal.
(4) When taking an exception, a local government may rely on
information and documentation prepared by other groups or
agencies for the purpose of the exception or for other purposes, as
substantial evidence to support its findings of fact. Such
information must be either included or properly incorporated by
reference into the record of the local exceptions proceeding.
Information included by reference must be made available to
interested persons for their review prior to the last evidentiary
hearing on the exception.
B) 660-004-0005, Definitions
For the purpose of this Division, the definitions in ORS 197.015 and the
Statewide Planning Goals shall apply. In addition the following definitions shall
apply:
(1) An "Exception" is a comprehensive plan provision, including an
amendment to an acknowledged comprehensive plan, that:
(a) Is applicable to specific properties or situations and does not
establish a planning or zoning policy of general
applicability;
(b) Does not comply with some or all goal requirements
applicable to the subject properties or situations; and
(c) Complies with the provisions of this Division.
(2) "Resource Land" is land subject to the statewide Goals listed in
OAR 660-004-0010(1)(a) through (f) except subsection (c).
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(3) "Nonresource Land" is land not subject to the statewide Goals listed
in OAR 660-004-0010(1)(a) through (f) except subsection (c).
Nothing in these definitions is meant to imply that other goals,
particularly Goal 5, do not apply to nonresource land.
C) 660-004-0010, Application of the Goal 2 Exception Process to Certain Goals
(1) The exceptions process is not applicable to Statewide Goal 1 "Citizen
Involvement" and Goal 2 "Land Use Planning." The exceptions
process is generally applicable to all or part of those statewide
goals, which prescribe or restrict certain uses of resource land.
These statewide goals include but are not limited to:
(a) Goal 3 "Agricultural Lands," however, an exception to Goal
3 "Agricultural Lands" is not required for any of the farm
or nonfarm uses permitted in an exclusive farm use (EFU)
zone under ORS Chapter 215;
(b) Goal 4 "Forest Lands";
(c) Goal 14, "Urbanization" except as provided for in
paragraphs (1)(c)(A) and (B) of this rule, and OAR 660-14-
000 through 660-14-040:
(B) When a local government changes an established
urban growth boundary it shall follow the
procedures and requirements set forth in Goal 2,
"Land Use Planning," Part II, Exceptions. An
established urban growth boundary is one which
has been acknowledged by the [Land Conservation
and Development] Commission under ORS 197.251.
Revised findings and reasons in support of an
amendment to an established urban growth
boundary shall demonstrate compliance with the
seven factors of Goal 14 and demonstrate that the
following standards are met:
(i) Reasons justify why the state policy embodied
in the applicable goals should not apply
(This factor can be satisfied by compliance
with the seven factors of Goal 14.);
(ii) Areas which do not require a new exception
cannot reasonably accommodate the use;
(iii) The long-term environmental, economic, social
and energy consequences resulting from the
use at the proposed site with measures
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designed to reduce adverse impacts are not
significantly more adverse than would
typically result from the same proposal
being located in areas requiring a goal
exception other than the proposed site; and
(iv) The proposed uses are compatible with other
adjacent uses or will be so rendered through
measures designed to reduce adverse
impacts.
FINDING: Section 25 requires that an exception be taken to Goal 11. An exception to Goal 11 is
required because the request is for the expansion of an existing sewer system and the extension of
sewer lines. Criterion i through iv above are addressed in the body of this decision. Additionally,
Section 25 needs an exception to Goal 4 because it is Forest Land as defined by Goal 4 and zoned
"Forest Land". Sewer Systems are not allowed on Forest Land therefore part of the subject proposal is
to rezone Section 25 so that the use can be permitted. The Board hereby adopts by reference the
findings regarding the alternatives set forth under DCC Section 23.92.030 (4) and (5), OAR 660-015-
0000(2), OAR 660-004-0020 (2) (b).
(2) The exceptions process is generally not applicable to those statewide goals which
establish planning procedures and standards which do not prescribe or restrict
certain uses of resource land because these goals contain general planning
guidance or their own procedures for resolving conflicts between competing
uses. However, exceptions to these goals, although not required, are possible
and exceptions taken to these goals will be reviewed when submitted by a local
jurisdiction.
These statewide goals are:
(g) Goal 11 "Public Facilities and Services," except as provided for in
OAR 660, Division 14 for the provision of urban facilities and
services to the incorporation of new cities or new urban
development;
FINDING: The above says an exception to Goal 11 is possible through the exceptions process.
(3) An exception to one goal or goal requirement does not assure compliance with any
other applicable goals or goal requirements for the proposed uses at the
exception site. Therefore, an exception to exclude certain lands from the
requirements of one or more statewide goals or goal requirements does not
exempt a local government from the requirements of any other goal(s) for
which an exception was not taken.
Inclusion as Part of the Plan
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(1) A local government approving a proposed exception shall adopt as part of its
comprehensive plan findings of fact and a statement of reasons, which
demonstrate that the standards for an exception have been met. The applicable
standards are those in Goal 2, Part II(c), OAR 660-004-0020(2), and 660-004-
0022. The reasons and facts shall be supported by substantial evidence that the
standard has been met.
(2) A local government denying a proposed exception shall adopt findings of
fact and a statement of reasons, which demonstrate that the standards for an
exception have not been met. However, the findings need not be incorporated
into the local comprehensive plan.
FINDING: Above is the process and findings the County must make to allow a Goal Exception. The
Board hereby adopts by reference the findings regarding the alternatives set forth under DCC Section
23.92.030 (4) and (5), OAR 660-015-0000(2), OAR 660-004-0020 (2) (b). Below are the specific
criteria that must be satisfied in order to approve a goal exception:
7. OAR 660-004-0015 Inclusion as Part of the Plan.
A local government approving the proposed exception shall adopt as part of its
comprehensive plan findings of fact in a statement of reasons which
demonstrate that the standards for an exception have been met. The applicable
standards are those in Goal 11, Part 2(c), OAR 660-004-0020(2) and 660-004-
0022. The reasons and facts shall be supported by substantial evidence that this
standard has been met.
FINDING: The Board hereby adopts by reference the findings regarding the alternatives set forth
above on pages under DCC Section 23.92.030 (4) and (5), OAR 660-015-0000(2), OAR 660-004-0020
(2) (b)•
6. OAR 660-004-020, Goal 2 Part 11(c) Exception Requirements.
7. If the jurisdiction determines there are reasons consistent with OAR 660-
004-0022 to use resource lands for uses not allowed by the applicable
goal, the justification shall be set forth in the comprehensive plan as an
exception.
FINDING: OAR 660-004-0022 is addressed in the findings under Goals 4 and 11 below.
8. The four factors in Goal 2 Part 11(c) required to be addressed when taking
an exception to the goal are:
(a) "Reasons justify why the state policy embodied in the applicable
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goals should not apply": The exception shall set forth the facts
and assumptions used as the basis for determining that a state
policy embodied in a goal should not apply to specific properties
or situations including the amount of land for the use being
planned and why the use requires a location on resource land;
FINDING: The proposed expansion of the wastewater treatment facility is not a use allowed
outright or conditionally in the F-2 Zone. The Board hereby adopts by reference the findings regarding
the alternatives set forth under DCC Section 23.92.030 (4) and (5), OAR 660-015-0000(2), OAR 660-
004-0020 (2) (b).
Goal 4 is:
To conserve forest lands by maintaining the forest land base and to protect the state's
forest economy by making possible economically efficient forest practices that assure the
continuous growing and harvesting of forest tree species as the leading use on forest land
consistent with sound management of soil, air, water, and fish and wildlife resources and to
provide for recreational opportunities and agriculture.
Goal 11 is:
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
The proposed wastewater treatment facility is an urban use proposed for expansion onto property that
is currently zoned Forest Use (F2) (Section 25). The proposal includes as an alternative for expanding
the sewer facility through the piping of sewer lines to the existing treatment plant in Sunriver. The
Sunriver option does not require an exception to Goal 4. Therefore, the applicants' proposed change
to the County's zoning and comprehensive plan maps require findings for the exception criteria in
Goals 2 and 11. The Board hereby adopts by reference the findings regarding the alternatives set forth
under DCC Section 23.92.030 (4) and (5), OAR 660-015-0000(2), OAR 660-004-0020 (2) (b).
The state policy embodied in Goal 4 is to conserve forest lands for forest use as well as to protect soil,
air and water quality, fish and wildlife resources and recreational opportunities. Consequently, while
the applicants' proposal would not conserve that portion of Section 25 utilized for forest use, the
proposed wastewater treatment facility certainly would protect soil and water quality consistent with
the goal.
A number of management problems for the Forest Service has resulted from the isolated nature of this
parcel, including encroachment, trespassing from adjoining private lands, illegal woodcutting,
unauthorized roads and trails and the dumping of household garbage. Additionally, the Forest Service
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has considered this parcel to have lost its National Forest character and is difficult to be effectively
managed. The remainder of Section 25 would be available for forest and recreational use and for
wildlife habitat if the proposal is approved.
The state policy of conserving the site for forest use should not apply to the proposed site for the
following reasons: 1) there is a documented need for expansion of the sewer system to protect the
health of south Deschutes County residents and visitors; and 2) the site is a suitable and appropriate
location for the wastewater treatment facility. The need for replacement and expansion of the existing
sewer system is well documented in DCC Chapter 22.44, Regional Problem Solving and related
background documents, as well as the applicant's burden of proof statement and exhibits. As
previously mentioned, the County has entered into a Memorandum of Understanding with both the
Sewer District and the USFS in an effort to address the groundwater contamination issues in this area
of the County. Section 25 is suitable for the proposed use and Goal 4 should no longer apply to
Section 25. 'The Board hereby adopts by reference the findings regarding the alternatives under DCC
Section 23.92.030 (4) and (5), OAR 660-015-0000(2), and OAR 660-004-0020 (2) (b).
(ii) Areas which do not require a new exception cannot reasonably accommodate the use.
FINDING: This criterion requires an alternative site analysis to determine whether there island not
requiring a goal exception that reasonably could accommodate the development of a wastewater
treatment facility. The analysis must include nonresource land -- i.e., exception areas -outside of a
UGB. The phrase "cannot reasonably accommodate the use" requires a determination of whether the
alternative sites are suitable for a wastewater treatment facility considering: 1) the typical operating
characteristics and locational requirements for such a facility; and 2) the location of potential
conflicting uses. The record indicates the typical operating characteristics and locational requirements
for a wastewater treatment facility include at least 40 acres of land for the treatment facility and a total
of 100 acres near the treatment facility for potential ground application of treated effluent.
The following analysis of alternative sites is adopted by the Board:
41. Property within the OWW2 Sanitary District boundary — No additional land is available; no
other land has suitable soils and depth to groundwater; existing treatment area is too small
for expansion and has high groundwater.
2. Quail Run Golf Course (6 miles south) — Would require a pipeline at least 6 miles in length;
the size of the ponds would be too large for the golf course to accommodate.
3. Crosswater Golf Course (1 1/4 miles north) — Not interested in storing and utilizing the
effluent for irrigation.
4. Thousand Trails (adjacent to the southeast portion of OWW2) —Not interested in selling the
area that has potentially suitable soils; size of acreage is not adequate.
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5. Vandevert Ranch (1/4 mile east of OWW2) — It is developed with homes and does not have
any interest in encumbering their land; they cannot sell land.
6. Mildred West Trust Land (adjacent to the north end of OWW2) — Owners declined to become
involved. Size of parcel insufficient.
7. Donald Harris Land (adjacent to the southwest portion of OWW2) — Owners declined to
become involved. Size of parcel insufficient.
8. 40 acres of National Forest land within the OWW2 development — This is designated as part
of the Upper Deschutes Wild and Scenic River and has high groundwater.
9. Pipe all the raw sewage from OWW2 to Sunriver Resort — All sewage and effluent would be
transported approximately 4 %2 miles by pipeline, possibly along a similar route as proposed
in Alternative B (Vandevert Parcel considered by USFS in their Environmental Assessment)
and would involve crossing the Little Deschutes River. The sewage would be treated at the
existing sewage treatment plant in the Sunriver community, and the treated effluent would
be disposed of by irrigation of the Sunriver golf courses or adjacent land. This potential
option had been proposed in July 2000, and has been discussed between OWW2 and
Sunriver Resort since that time. Several state and county agencies became more actively
involved in the discussions in August 2001, as they thought this could be a favorable option.
While technically feasible, it is not economically feasible or viable for either OWW2 or
Sunriver Resort. OWW2 has a fixed and limited budget available to them, based on a voter
approved bond measure, projected grants and loans, and commitments made to the residents.
State and county agencies evaluated public funding sources, but could not provide additional
funds or support to make this economically possible. Much higher initial costs, monthly
rates, and potential future costs would be needed in order to fund a Sunriver option. These
increased costs would be too great and would be an adverse impact on the low-income
OWW2 community.
The alternative site analysis did not identify any nonresource land in or near the District that meets the
requirements for the proposed expansion of the wastewater treatment and effluent discharge facility.
(A) The exception shall indicate on a map or otherwise describe the location of possible
alternative areas considered for the use, which do not require a new exception.
The area for which the exception is taken shall be identified;
(B) To show why the particular site is justified, it is necessary to discuss why other
areas which do not require a new exception cannot reasonably accommodate
the proposed use. Economic factors can be considered along with other relevant
factors in determining that the use cannot reasonably be accommodated in
other areas.
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FINDING: The criteria above allow economic factors to be used in determining whether Sunriver
cannot reasonably accommodate the sewer system. The Board hereby adopts by reference the findings
herein regarding the alternatives provided under Section 23.92.030 (4) and (5), OAR 660-015-0000(2),
and OAR 660-004-0020 (2) (b), which demonstrate compliance with items (A) and (B) above.
Under the (above) alternative factor the following questions shall be addressed:
(i) Can the proposed use be reasonably accommodated on nonresource land
that would not require an exception, including increasing the density of
uses on nonresource land? If not, why not?
(ii) Can the proposed use be reasonably accommodated on resource land that is
already irrevocably committed to nonresource uses, not allowed by the
applicable Goal, including resource land in existing rural centers, or by
increasing the density of uses on committed lands? If not, why not?
(iii) Can the proposed use be reasonably accommodated inside an urban growth
boundary? If no, why not?
FINDING: Sunriver is an existing rural center exempted from Goals 3 and 4 under the Deschutes
County Comprehensive Plan. The effluent disposal option at Sunriver is resource land in an existing
rural center" but cannot reasonably accommodate the use for the reasons stated above. Regarding item
(iii) above, the use cannot be sited within the nearest UGB because it is situated approximately 18
miles to the :northeast, making it an impractical option.
(C) This alternative areas standard can be met by a broad review of similar types of
areas rather than a review of specific alternative sites. Initially, a local
government adopting an exception need assess only whether those similar types
of areas in the vicinity could not reasonably accommodate the proposed use.
Site specific comparisons are not required of a local government taking an
exception, unless another party to the local proceeding can describe why there
are specific sites that can more reasonably accommodate the proposed use. A
detailed evaluation of specific alternative sites is thus not required unless such
sites are specifically described with facts to support the assertion that the sites
are more reasonable by another party during the local exceptions proceeding.
FINDING: The Board hereby adopts by reference the findings regarding the alternatives set forth
under DCC Section 23.92.030 (4) and (5), OAR 660-015-0000(2), and OAR 660-004-0020 (2) (b).
(c) The long-term measures designed to reduce adverse impacts are not
significantly more adverse than would typically result from the same
proposal being located in other areas requiring a Goal exception. The
exception shall describe the characteristics of each alternative areas
considered by the jurisdiction for which an exception might be taken, the
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typical advantages and disadvantages of using the area for a use not
allowed by the Goal, and the typical positive and negative consequences
resulting from the use at the proposed site with measures designed to
reduce adverse impacts. A detailed evaluation of specific alternative sites
is not required unless such sites are specifically described with facts to
support the assertion that the sites have significantly fewer adverse
impacts during the local exceptions proceeding. The exception shall
include the reasons why the consequences of the use at the chosen site are
not significantly more adverse than would typically result from the same
proposal being located in areas requiring a goal exception other than the
proposed site. Such reasons shall include but are not limited to, the facts
used to determine which resource land is least productive; the ability to
sustain resource uses near the proposed use; and the long-term economic
impact on the general area caused by irreversible removal of the land
from the resource base. Other possible impacts include the effects of the
proposed use on the water table, on the costs of improving roads and on
the costs to special service districts;
FINDING: The Board hereby includes by reference the findings set forth under DCC Section
23.92.030 (4) and (5), OAR 660-015-000 (2), and OAR 660-004-0020 (2) (b).
(d) "The proposed uses are compatible with other adjacent uses or will be so
rendered through measures designed to reduce adverse impacts." The
exception shall describe how the proposed use will be rendered
compatible with adjacent land uses. The exception shall demonstrate
that the proposed use is situated in such a manner as to be compatible
with surrounding natural resources and resource management or
production practices. "Compatible" is not intended as an absolute term
meaning no interference or adverse impacts of any type with adjacent
uses.
(3) If the exception involves more than one area for which the reasons and
circumstances are the same, the areas may be considered as a group. Each of
the areas shall be identified on a map, or their location otherwise described, and
keyed to the appropriate findings.
FINDING: As discussed under Section II (G), Background, under Findings of Fact above, based on
data from the County's GIS department (May 2002 data), there are 1,036 platted lots within OWW2
subdivision, some of which have been consolidated. 483 of these lots contain dwellings, 168 of these
lots are currently connected to the existing sewer system and 315 currently have onsite septic systems.
Based on these figures 868 platted lots are not connected to the existing sewer system. Of the 1,036
platted lots, 249 are red lots, which are lots identified as having a water table of 2 feet or less below
grade. Of the 249 red lots, 73 currently contain a dwelling and 176 do not.
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There are many failing on-site septic systems and numerous lots that cannot support an on-site septic
system due to the high water table in the area. Therefore, OWW2 Sewer District must take action to
resolve this problem and is proposing to do so through submittal of these land use applications.
Ultimately, there may be a total of approximately 500 vacuum pits (septic tanks) that would be placed
within but at the edge of the right-of-way of the public roads within OWW2. The applicant's have
indicated on the maps presented at the hearing that the ponds and spraying of effluent on the Section
25 site will be setback from surrounding lands at least 500 feet. Negative impacts on surrounding
residential lots while an appropriate concern will be mitigated by the requirements imposed on this
project by the Department of Environmental Quality. The holding ponds or lagoons will be
appropriately lined so that there will not be leakage into the subsurface. The system is designed to
provide for nitrates to be taken up by the growing crops. Effluent will not be utilized for irrigation
purposes except during the growing season. Furthermore, monitoring wells will be installed to ensure
that there is no degradation of the ground water from the effluent system to be constructed on Section
25. Finally, since the sewage will be initially treated at the waste water treatment facility at Oregon
Water Wonderland, odors shall not be a factor in the area surrounding Section 25 based upon the
removal of solids at the waste water treatment facility and the setbacks from the effluent pump to
Section 25. Many of the details of this design can be adequately addressed in the site and design
approval process.
To address this criterion regarding compatibility issues, the Planning Commission recommended that
the Board of Commissioners include a condition of approval requiring the recordation of a
conservation easement by the applicants, the County and a local non-profit organization to protect
Section 25. At the January 9`" meeting, Commissioner Brenda Pace provided the following motion
regarding this matter:
"I move that we accept Section 25 with the condition that the County require a condition
that the County require a conservation easement over the property to co -holders
consisting of the County and a local non-profit organization. That the conservation
easement will include the requirement to manage the excess land as habitat for deer, elk,
raptors and associated species, fire control and timber and for the control of invasive
exotic species and dumping. That if the appraised value as conducted by the Forest
Service with the conservation easement requirements is less than the budgeted amount of
672, 000 [dollars], then the difference be transferred to the conservation organization as
a permitted endowment for the property." Commissioner Peter Gramlich seconded
Commissioner Pace's motion. Following discussion with Community Development
Director George Read, Commissioner Pace added: "or 150,000 dollars be provided
under a schedule by Oregon Water Wonderland to the non-profit as an endowment."
The Planning Commission unanimously voted in support of the motion stated by Commissioner Pace
and seconded by Commissioner Gramlich.
The Board agrees with Planning Commissioners, that a conservation easement, similar to that
described above, would reduce adverse impacts on surrounding lands. The purpose of the endowment
is to provide for maintenance and management of the conservation easement in perpetuity. Therefore,
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a condition of this approval will require recordation of conservation easement as a condition of this
approval. The conservation easement and plan shall be submitted with the site plan application at
which time the applicants shall provide an acceptable conservation easement for Section 25, together
with a plan of implementing the conservation easement, that provides standards and implementation
methods for managing the conservation easement, and establishment of a fund in the amount of
$150,000 ($100,000 committed the first year and $5,000 per year for the next ten years) for the
purposes of implementing a conservation easement. Unexpended funds shall be placed in an
endowment fund to be used in perpetuity for the maintenance of the property. The Board hereby
includes by reference the findings under DCC Section 23.92.030 (4) and (5), OAR 660-015-0000 (2),
and OAR 660-004-0020 (2) (b) in support of this section.
7. OAR 660-004-0022, Reasons Necessary to Justify an Exception Under Goal 2 Part II(c)
An exception Under Goal 2, Part II(c) can be taken for any use not allowed by the
applicable goal(s). The types of reasons that may or may not be used to justify certain
types of uses not allowed on resource lands are set forth in the following sections of this
rule:
(1) For uses not specifically provided for in subsequent sections of this rule or OAR
660, division 014, the reasons shall justify why the state policy embodied in the
applicable goals should not apply. Such reasons include but are not limited to
the following:
(a) There is a demonstrated need for the proposed use or activity, based on one
or more of the requirements of Statewide Goals 3 to 19; and either
(b) A resource upon which the proposed use or activity is dependent can be
reasonably obtained only at the proposed exception site and the use or
activity requires a location near the resource. An exception based on this
subsection must include an analysis of the market area to be served by
the proposed use or activity. That analysis must demonstrate that the
proposed exception site is the only one within that market area at which
the resource depended upon can reasonably be obtained; or
(c) The proposed use or activity has special features or qualities that
necessitate its location on or near the proposed exception site.
FINDING: The "reasons" criteria above create a need to explain why the sewer system is needed and
why it must be located on non -urban land. It is also necessary to explain why it is reasonable to locate
it on "Resource" land zoned Forest (section 25). No other areas have been identified that could
reasonably accommodate the sewer facility. A detailed analysis for subsections (1)(a) and (b) above
has been addressed under DCC Section 23.92.030 (4) and (5), OAR 660-015-000 (2), and OAR 660-
004-0020 (2) (b). Regarding item (c) above, locating the proposed sewage facility on Section 25 fits
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within the voter approved funding and affordability requirements of the area while the Sunriver option
does not. The Board hereby includes by reference the findings under DCC Section 23.92.030 (4) and
(5), OAR 660-015-000 (2), and OAR 660-004-0020 (2) (b).
OAR. 660-012, Transportation Planning Rule
A. OAR 660-12-060, Plan and Land Use Regulation Amendments
FINDING: This administrative rule is applicable because the applicant proposes a plan amendment
from Forest to Rural Residential and a zone change from F-1 to RR -10. However, the sewer system
will not allow any more lots to be created than already exist and therefore will not impact traffic.
(1) Amendments to functional plans, acknowledged comprehensive plans, and
land use regulations which significantly affect a transportation facility
shall assure that allowed land uses are consistent with the identified
function, capacity, and level of service of the facility. This shall be
accomplished by either:
(a) Limiting allowed land uses to be consistent with the planned
function, capacity and level of service of the transportation
facility;
(b) Amending the TSP [Transportation System Plan] to provide
transportation facilities adequate to support the proposed land
uses consistent with the requirements of this division; or
(c) Altering land use designations, densities, or design requirements to
reduce demand for automobile travel and meet travel needs
through other modes.
(2) A plan or land use regulation amendment significantly affects a
transportation facility if it:
(a) Changes the functional classification of an existing or planned
Transportation facility,
(b) Changes standards implementing a functional classification system;
FINDING: The proposed plan amendment and zone change, in and of themselves, will not affect
transportation facilities. However, if approved they would allow the development of a wastewater
treatment facility on the subject property that will generate minimal traffic on South Century Drive
from the few employee vehicles that will travel to the facility on a daily basis. Nevertheless, the
applicants' proposal will not change either the functional classification or standards implementing the
functional classification of this street.
(c) Allows types or levels of land uses which would result in levels of
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 36 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
travel or access which are inconsistent with the functional
classification of a transportation facility; or
(d) Would reduce the level of service of the facility below the minimum
acceptable level identified in the TSP.
FINDING: These two standards focus on the impact of the proposed plan amendment and zone
change on the function of South Century Drive. The minimal traffic that will be generated by the
proposed wastewater treatment facility will not result in levels of travel inconsistent with the functional
classification of these two streets. For the foregoing reasons, the applicants' proposal conforms with
the TPR.
(3) Determinations under section (1) and (2) of this rule shall be coordinated
with affected transportation facility and service providers and other
affected local governments.
FINDING: Both the County's Transportation Planner and the Road Department submitted transmittal
responses of no comment regarding this proposal.
9. OAR Chapter 660, Division 15 STATEWIDE PLANNING GOALS
FINDING: The applicants propose an amendment to the comprehensive plan. The applicants must
demonstrate the proposal is consistent with applicable statewide planning goals. The following
findings concern compliance with the goals.
1. Goal 1, Citizen Involvement
FINDING: The applicants' proposal is consistent with this goal because the District has provided
opportunities for public comment and involvement in the proposed sewer system. As discussed above,
District voters approved a bond measure to fund a portion of the cost of the proposed wastewater
treatment facility. In addition, a public hearing has been held before the County Planning Commission
and the County Board of Commissioners on the subject applications. Owners of record of property
located within 750 feet of the subject property have been mailed individual written notice of the
proposal and the public hearing, and the public hearing was also noticed through publication in the
"Bend Bulletin" newspaper.
2. Goal 2, Land Use Planning
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 37 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
FINDING: The applicants' proposal is consistent with this goal because it has been reviewed under
the Deschutes County comprehensive plan and zoning ordinance and public hearings will be conducted
in accordance with the county's procedures ordinance.
3. Goal 3, Agricultural Lands
FINDING: This goal is not applicable because Section 25 is designated and zoned forest and the
Sunriver option does not involve the rezoning of property.
4. Goal 4, Forest Lands
FINDING: The applicants have requested approval of an exception to Goal 4 to remove the F2 -
zoning from the subject property (Section 25). The Board hereby adopts by reference the findings
regarding the alternatives set forth under DCC Section 23.92.030 (4) and (5), OAR 660-015-0000(2),
OAR 660-004-0020 (2) (b).
5. Goal 5, Open Spaces, Scenic and Historic Area and Natural Resources
FINDING: This goal requires the county to inventory and protect significant scenic, historic and
natural resources. According to the County's Geographic Information System, based on National
Wetland Inventory (NWI) mapping, Section 25 contains a wetland in the northwest corner of the
property. However, staff's comparison of the map submitted with the application and NWI mapping,
the development proposed for Section 25, is outside of the wetland area.
6. Goal 6, Air, Water and Land Resources Quality
FINDING: Goal 6 requires the county and city to protect air and water quality. The applicants'
proposal is consistent with this goal because it would permit the expansion of OWW2 Sewer District's
wastewater treatment facility. These facilities will address a health hazard and potential source of
groundwater contamination.
7. Goal 7, Areas Subject to Natural Disasters and Hazards
FINDING: There are no identified areas subject to natural disasters or hazards on the site.
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 38 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
8. Goal 8, Recreational Needs
FINDING: The applicants do not propose to use the subject property for a destination resort.
However, the applicants indicate that they propose to retain the remainder of Section 25 in forest use
which will allow continued use of the property for recreation.
9. Goal 9, Economic Development
FINDING: The upgrading of the sewer disposal facilities for OWW2 will aid in the efficient
development pattern of this rural development which has already been excepted from the State goals.
This will also help ensure an adequate supply of affordable housing in the south Deschutes County
area.
10. Goal 10, Housing
FINDING: This goal requires the county to provide adequate housing to meet identified needs.
OWW2 does meet a significant need for the provision of affordable housing particularly for retirees.
OWW2 residents generally are within a low income category and the ability to pay monthly sewer fees
greatly effects the costs that the District can afford. The Section 25 alternative meets those
requirements.
11. Goal 11, Public Facilities and Services
FINDING: This goal requires the county to plan and develop an orderly arrangement of public
facilities and services for rural development. The Board hereby adopts by reference the findings
regarding the alternatives set forth under DCC Section 23.92.030 (4) and (5), OAR 660-015-0000(2),
OAR 660-004-0020 (2) (b).
12. Goal 12, Transportation
FINDING: This goal is implemented through the TPR as discussed in detail in the findings above.
For the reasons set forth in those findings, incorporated by reference herein, proposal is consistent with
the rule and therefore satisfies Goal 12.
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 39 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
13. Goal 13, Energy Conservation
FINDING: This goal requires the city and county to give priority to land use planning to the efficient
utilization of energy. The proposal is consistent with this goal because it would allow the site to be
developed with a wastewater treatment facility in close proximity to the OWW site, facilitating energy
conservation in the connection of the facility to the planned sewer system.
14. Goal 14, Urbanization
FINDING: Goal 14 is not applicable to this request because the proposal does not include the creation
of new lots that would be served by the new system (see citation from goal 14 below). Rather, the
expansion of the sewer district's facility would serve lots that are currently lawfully created lots that
are currently within the OWW2 Sewer District boundaries.
Goal 14 states: "Notwithstanding the other provisions of this goal, the commission may by rule provide
that this goal. does not prohibit the development and use of one single-family dwelling on a lot or
parcel that:
(a) was lawfully created;
(b) lies outside any acknowledged urban growth boundary or unincorporated community boundary;
(c) is within an area for which an exception to Statewide Planning Goal 3 or 4 has been
acknowledged; and
(d) is planned and zoned primarily for residential use."
1.5. Goals 15 through 19
FINDINGS: These goals are not applicable to this proposal because they address river, ocean and
marine resources not located near the subject property.
IV. DECISION AND CONDITIONS OF APPROVAL
Based on the findings set forth herein, the Board APPROVES the exceptions to Goal 4 and Goal 11,
the plan amendment from Forest to Rural Residential Exception Area, and zone change from F2 to
RR -10 with a limited use combining zone, subject to the following conditions of approval:
Prior to the commencement of construction, or the issuance of a building permit for any
structure on the property, the applicants shall obtain approval of a site plan application under
DCC Chapter 18.124 from the County Planning Division and:
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
PAGE 40 OF 41— EXHIBIT "C" TO ORDINANCE NO. 2003-012 (05/28/03)
a. Provide an acceptable conservation easement for Section 25, together with a plan of
implementing the conservation easement, that provides standards and implementation
methods for managing the conservation easement, and establishment of a fund in the
amount of $150,000 ($100,000 committed the first year and $5,000 per year for the next
ten years) for the purposes of implementing a conservation easement. Unexpended
funds shall be placed in an endowment fund to be used in perpetuity for the
maintenance of the property. The purpose of the endowment is to provide for
maintenance and management of the conservation easement in perpetuity. The
conservation easement and plan shall be submitted with the site plan application.
b. Provide the County Planning Division with a copy of a recorded road maintenance
agreement between the Beaver Special Road District and the Sewer District, whereby
the District agrees to pay its pro rata share for the maintenance cost of Foster Road
through Section 25.
2. Uses of the property are limited to sewage treatment facility, effluent ponds, ground application
of treated effluent, agricultural use and propagation or harvesting of a forest product.
This approval expires in two (2) years from the date of signing unless this decision is appealed,
then two (2) years from the completion of all appeals in the applicant's favor.
Dated thisoo A-4
of 003
ATTEST:
- lav,�W�
Recording Secretary
BOCC Findings and Decision
File Numbers PA-02-5/ZC-02-3
BOARD COUNTY COMMISSIONERS
DENNIS R. LUKE, CHAI
TOM DEWOLF, COM SIONER
C AEL M. DALY, O MISSIONER
PAGE 41 OF 41 EXHIBIT "C" TO
ORDINANCE NO. 2003-012
(5/28/03)
USDA Forest Service, Pacific Northwest Region
Deschutes National Forest
Bend -Fort Rock Ranger District
Deschutes County, Oregon
Decision Notice
and
Finding of No Significant Impact
Oregon Water Wonderland Unit II Sanitary District
Townsite Act Application Environmental Assessment
INTRODUCTION
This Decision Notice and the Environmental Assessment for the Oregon Water Wonderland Unit
H Sanitary District Townsite Act Application are available for review from the Deschutes National
Forest. The Environmental Assessment (EA) was prepared by an interdisciplinary team and
documents the environmental analysis evaluating the proposed sale of National Forest System
land to Oregon Water Wonderland Unit II Sanitary District. The two parcels of land considered
for conveyance are located on the Bend -Fort Rock Ranger District, approximately 16.to 18 miles
south of Bend, and 2 to 4 miles south of Sunriver, Oregon. t
c, Oregon Water Wonderland Unit II (OWW2) is a 1,0004ot rural community in southern Deschutes
County, established in 1975. OWW2 is situated between the Deschutes and Little Deschutes
Rivers, in an area with very shallow groundwater (depths of 2 feet or less). Existing on-site septic
systems are sited in areas with shallow groundwater, existing facilities are aging and failing, and
the wastewater storage and irrigation site is too small and inadequate. All of these factors are
contributing to water quality degradation and contamination of the groundwater and possibly of
nearby rivers. The Oregon Water Wonderland SanitaryDistrict (District) is currently in non-
compliance with the Oregon Department of Environmental Quality(DEQ) regulations for
wastewater storage and disposal. Land use and environmental rules and regulations have changed
since the community was originally platted and approved by the County and the State, and what
was approved for sewage and effluent facilities in the early 1970's is not acceptable today.
Acquisition of nearby National Forest System land for a new, larger, and suitable area for treated
wastewater storage and disposal would resolve the environmental violation, eliminate the .
groundwater contamination that is presently occurring, and help improve overall regional water
quality in southern Deschutes County. The District would use the property for storage ponds and
cultivated grass fields. A circle pivot system would sprinkler irrigate a grass hay crop, using
treated effluent. There would be a buffer area of at least 300 -feet between any facilities and
adjoining lands or roads. In conjunction with this use of acquired land, OWW2's existing sewage
treatment plant and collection system would be upgraded and remain on District property.
PURPOSE AND NEED
The primary purpose and need for the land sale is to provide a viable means for OWW2 to resolve
their wastewater storage and disposal situation and their environmental violation with DEQ. The
District has a need to implement a feasible and economic solution in order to continue to serve the
OWW2 Sanitary District Decision Notice Page 1.
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.i meet environment regal and �� er tots of DEQ9 and aceomplish this theDistrict has an
the
comu� tY�
�dweter quality in eouthem Deschutes County disposal of treated waster.
,agot seed to aoq adequate Prof' for storage and
aci ,the pigtrid often has to irrigate in the winter', over frozen
Because of the lack of stnrW caP soils are saturated and the wete:r table is hi&ed-
prind, or before the Vowing season t a rate much greater than what DEQ allows because
tmted eiiluent is c,u wdy being applied>ni tion at the Propff agronomic tate. In addition, the
there is ncrt enough land to aecommoda The cwreat system was approved,
existing nearer and septic systems are leaking
and failing. ed, acid constructed 30 years ago and is not able to tneet today's needs for the community or
dei�
for protection of the covirenment. dw$te: a
In the Lapin Basin in southern Deschutes County, contamination of gram
water tom septic teats and drninfields is a widespread and serious conosm that D lib r 999,
Deschutes County Commissioners sighed Ordinance No. 98-085 taco rgvm8 tc c systema in area's of
quality is diminishing dae to the cumulative impact ft= existing
ter tables >snd:npidly draining sOils. The Commissioners declared this an
eergency m
emerge
and signed the ordinance for the immediate preservation of public peace, health, and
em
safety.
ed the severity of this type of problem is southern
no Oregon State I,egielatm-e rewgorz onal problem Solving (P -PS) �] that eras, and
Deschutes County when it authorized a Regi on cad Development � adntiai� the
assigned the Oregpn Department of Lead Conservati of individual on-site septic
The RPS project addresses the fact that inadequate siting
Proms°• polluted groundwa�+ and that there is a need to
tante and dmnfield systems are likely to result in as a
find a proactive solution. Deschutes CountY and the RPS Project identified need National
pronisigg candidate to help solve groundwater issues, and reeogniz
ed that they mayForest land to go ;Forward with sewer improvement and expansion.
The Forest 9etvice recognizes the local public need for a solution to the OW W2 communpublic ity's
wastewater problem. The Forest Service also recognizes the broader regionalhealth of the
reduce gro=dwater contamination, improve water quality, and protect the long-termwatershed• There is an urgent need to resolve the contamination and envirommental problem.
DECISION dOewrneeted is t4►e pnvirontneatal Ames On
I have reviewed the issues, alternatives, and efhet9 Y BaP t>se public
review
and project file. I have considered the public comments subautted during
m r onaibilitiss and authorities pertaining to applicable lays,
peri- I have also considered in
ti, and policies. Sufficient information has been reviewed and disclosedLYe dem ed i
SMAlYsis
reguli
p
to make a reasoned choice among the alternatives. Based on this infotma 'oa,
implement Alternative C, sale of the Section 25 Parcel. with m0difioations. The following
deaaribes my decision: - -
1.
Iand Ccinv Ad f caav �, ••• - ---
gAeitery District. Subsequ®t to the Dud's application to purek�sse National Forest !arid
under the authority of the Townsthe SPNL A became law, providing an alternate
A is s * the pre feaed authority because it allows the Forest
avenue for WUve yaac BPNLCA Page 2
OWW2 softy DWXWDWW.Nom
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0 004
Service to retain the procee9s of the sale for use in acquiring local administrative offices_ The
property would be conveyed at market value, under the terms of a Purchase and Sale
Agreement
2. Se th District only 4 to acres of the 520-a rye 2gZMI co 'dared in t@tlV C. The
Forest Service would rotain the remaining 40 -acre parcel in federal ownership until it can be
considered and analyzed for We later with the remainder of the Tract C lands identified in the
BPNLCA. The 404u= parcel is attached to the southwest corner of the 480 -acre block and is
not needed by OWW2. The combination of these two properties in the original 520 -acre
configuration would not benefit the intended use by OWW2, and selling them separately
would very likely provide s greater financial return to the Forest Service. 'Phis smaller parcel
wowd have a differea►t zoning designation and could potentially be used for rural residential
homesiites, not unlike other nearby private lands. lternoval of this portion of the parcel would
not significantly change the effects analysis.
The conveyance deed will include a restrictive covenant to prevent development and ensure
protection of the 7 -me wetland area.
3. Issue a sho t1-1Wm tempo�r Lsp ial sperm to the District for ituti�te tMatati n and
con tion of the now facilities on the 1ALd tQ be L%MjMd.1 The special use permit would be
issued for the purpose of expediting the planning and installation of the pmposod facilities.
This would allow resolution of the serious groundwater contamination problems to move
forward Without further administrative delays associated with consummating a land sale and
conveyance of title. It would help ensure that the District would be able to resolve their
environmental violation with DEQ by November 2003, as required by DEQ. Furthermore, it
would help ensure that available grants and loans are used and not lost or forfeited due to
delays in implementation. A special use permit would not be issued until a binding Purchase
and Sale Agreement, describing the terms of a sale, is in place•
4� All w the District IM to three 3mars to consummate the coral -ase of thea uroverty. This will
give the District the opportunity to continue to resolve any remaining funding or other issues
that they may encounter which could prevent the District from purchasing the property with a
single transaction in a timely manner. Any outstandiug local requirements for siting or
approval with the County or State could also be resolved doting this period.
PUBLIC BENEFIT DETERMINATION
I have concluded that this sale of federal land is in the public interest. There are immediate
benefits to OWW2 residents by providing this identified low-income community the opportunity
to implement an affardable long-term solution for proper waste management. This will allow the
District to develop an environmentally sound wastewater storage and disposal system, in
conjunction with needed upgrades and improvements to the existing sewage treatment plant and
collection system. This will also allow the District to comply with DEQ environmental
regulations.
There are immediate benefits to residents and property owners in neighboring areas by eliminating
the existing surface and groundwater contamination. There are also regional benefits that extend
into the general southern Deschutes County area, in that this decision implements a solution that
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 3Pyge3 OF 54
0wW2 Sammy Ditnd DOMMWOh"
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IM005
contributes to resolving the widespread water quality problem that County and State agencies'lave
been trying to remedy,
steel outweighs any �cfit' of keeping itis federal ownership. TWO
This decision to convey the p IIe�Y waded by private laud. It is difficult and
paw an isolated National Forest prop Y, Venits small siu and
not mat effectivc to Mugs 42 Pari of the National Forest system, Si
increasing encroWuncnts and unautho=izOd use$• This land b tional Forest land ger tified as being e
for disposal udder the 2000 BPNLCA. This decision c nveys
critical and beneficial community purposes.
OTHER ALTERNATIVES CONSIDERED
�int�ariso��tem>stt Or Alternative C (section 25 paavel)
Environmentally, either Alternative B (`/andevett pared) sed use. The Section 25
would be acceptable and suitable for sale to OWW2 for the propo
parcel is directly adjacent to the OWW2 community and has ft advantage of requiring a
elute and no river crossing• Its closer proximity would logically help ensure
much. shorter pip and maintenance of the facilities take Place-
This
la e.This conveyance would allow the land to r
that frequent observation stud proper monitoring and undt'veloped, and ovntiuuo toemain open
wildlife habitat. This should also help to improve an axes that
encroar
maintain or improve its value as wmg of houaebotd garbage, illegal
roblem
woodcutting
has a number � development ff nauthorized roads and trails.
Selling the 240 -acre Vandevert parcel would break up the 910 -acre parcel that is identified for
disposal under the BFNLCA, and splitting it into several smaller parcels may not be beneficial,
since out intent is to later analyze this area again for disposal under the BPNLCA, the Forest
Service does not want to potentially devalue this property by removing a 240 -am portion at
this time.
2, Potential survives Rngg 000a. w or not an
'The major issue regarding other alternatives considered revolved around bother
'on exists for OWW2's Wage to be piped to Sunriver Resort, treated At Sun>•ivra's sewage
b
tceatrnerit plant, and the effluent stored and disposed of y irrigation of the golf course ordo===ts, a Sunriver option is
adjacent land. As noted in the EA and Response to Common le, itis the
not �nomically possible. While the initial construction costs may be oomparab
bigb =0110Y service fees and thss utioertainty of future cost increases that are beyond the
ability of the OWW2 residents to afford.
This alternative is not economically feamble, and therefore tot viable, so it Forest asevi�nted
from a detailed analysis in the EA. If it had been demonstrated to
Sunriver Resort Limited Pattnarsbip (SRLP) could have provided OWW2 with
have le private
land option, then the Forest Services en'virmuncrital assessment Proms would
terminated or the No Action alternative would have been selected. No fiederal lands would be
involved.
OWW2 has baso involved in di
with SRLP for two years_ OWW2 has always b®ea
concerned about the pro] world
acted coats that S=nVer mquh"e, and has "Iced SRLP to
consider a reduction is the connection flee and �� ns on futum cm" = order to OVVW'2 and Shy Only resulted a this
financially feasible. Subsequent discussions passe o
OWW2 sonny Dona Vmdw Nati"
EXHIBIT "A" OF.THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 4 OF 54
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%006
higher cost estimates. The latest information indioates that Sunriver Resort revised their
estimated costs and it would now cost 1.77 million s more to utilize the Sunriver
facilities than it would to use the
oww2 contmuod to work with Suariver Resort and discuss if there were any over looked
Opportunities to make a Sumivcr option viable. State and County representatives were also
involved, yet
efforts to either lower the costs or provide additional public funds Were
,msuceessfal. USDA Rural Utilities Service (RUS), the primary finding agency for the
project, supports the Forest SeMce's conclusion that a 3unriver option is not possible, and has
agreed to go forward with RUB funding for OWW2 for acquisition and use of National Forest
land. RUS helps fund improvement projects for low-income communties, and they used the
Oregon Economia and Community Development Department's benchmark criteria to help
determine what fees the low-income OWW2 residents can afford. 1.75% of the monllsly gross
income is the recommended =aunt the residents should pay for monthlyfees, which is
equivalent to $32.80 per month. A facility that is on OWW2 property d using acquired
National Forest lands in Section 25 for eluent disposal would have monthly costs of about
S38 per mouth, which is within reason, according to RUB. This amount was also appmved by
the voters with the passage of a recent bond measure. On the other hand, the initial monthly
service fee for the sewage to be treatedlbw � er would initially be approximately 552 per
X32 60. RUS alsosupport�e the nt1eYen� f
month, well above the benchmark guide
the Section 25 parcel because monthly fees in the future would tend to remain stable or
possibly decrease as more lustre are added to the system, whereas SR18 would raise their fees
in the future, Based on these fmdingr, RUS indicates that they would not be able to support an
option that is not affordable to the residents. Cons upotly, RUS could not provide any funds
for a Sunriver alternative based on the estimated costs involved. Without RUS finding, a
Sunriver option is even more iztipoSMUc. This confirms that a Sunriver option is not
affordable, and therefore, not a reasonable or viable alternative.
3. Co=atisnn with the No Action Alteragtive.
In short, l did not select the No Action alternative because it would not meet the purpose and
ncod as stated in the EA; it would not remedy the grouodwatet coata=ioation situation or
OWW2's violation with DEQ; and it would adversely affect the residents at OWW2 by not
allowing them to pursue an affordable solution to their community's sanitation needs. The
current water quality degradation is a documented regulawry and environmental problem. Thu
groundwater contamination problem is a serious issue that needs to be resolved, If it is to be
resolved, it will be with the purchase and use of National Forest land.
ISSUES addressed during the cnvironwental
A number of issues were identified doting scoping bile comment period for the EA did not reveal
analysis process. Comments received during the public
any significant new issues or effects that would require additional analysis, and did not provide
any factual supporting information that was contrary to the analysis. The issues most pertinent to
my decision are described below.
onundwater and Surface Water i f the parcel of
This is the driving resource issue and the basis of the need for wnveyaflce oP
National Forest land. Comments exposing concern about groundwater effects suggest that many
in the public are not fully aware of groundwater contamination problems. They seem unaware that
Pae.a 5
OWW2 smimy Die"Dsdaim Nab=
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at OWW2. It is impottmt to understand that this project
would imomYe grmwd contamination is presently
surface Watec quality.
0 097
The proposal to purchase National Forest land for effluent storage and disposal would allow
tz their existing sources of surface and groundwater contamination. It would
pwW2 to ell to a tion field for a much larger and suitable site that will
allow OWW2 to abandon their 4acre itrigs hon needs. It would allow the removal of a large
properly accommodate tha3 wastewater irriga ' Produce high concentrations of nitrate
number of on-site septic tank and drainfield systems, which it ensure
and which are currently contagminatmg Foundwater• This wiIl al��the values of the er
groundwater no longer has the potential to enter the rivers or de
Deschutes Wild amd Scenic River corridor.
item would be no de on of groundwater quality due to spray inigacon. This project world
e the aquifer. TMated eftlumt would be put to a beneficial use for
help protect and improv so that the rate of irrigation would be
irrigation of a grass hay crop. ��°n would be managed rh
ICU than or equal to the rate of nitrate uptake by the APs• D o winter moms, effluent
ems months•
would be contained in lined ponds until it could be used for inigrtiou during
Effecu on private P oft both close and at a greater distance aon the the sale of flu p way. upoty for the proposed use would
Many commenters cxpr�sed a PestiIt is common for us
adversely affect other private lands, be
not in my backyard'° oomtnoats from individuals who would otherwise not
to receive ` in this cane
interested in a particular project if it were proposed for another locatio:i. Commenters
caption,as it appeared that people with intcmts in properties closer to the Vandevert
vrace oOOWW2, seemed to support the selection of the Section 25
parcel opposed its sale and use by Y"t to Ca�mments, envirar�ma l analysis did not
WW, and tics versa. � �� � t� R°°P°�° attics.
sbow thsit there would be any adVMM affects to private prop
sed in many of the comments, it is more likely that the conveyance
y v opinions expres private lands, particularly because of the improvement in
would have a bene effete on nearby pre rship and a change from the current
groundwater quality. A sale would produce a change to owne
manag�neut, but there would be ao signiS : � f�� �g ��� � q��ri, � y
pmp�#ies, '!'here would be a great benefice •s benefit.
reducing contamination, which is to everyone
public, oWW2 volunteered to modify their ProppSod
Based on comments and concefAs $oro the
site plain so that all facilities would be located more in the interior of the parcel. (Refer to the
revised site plan). This efyort demanstrat
es that OW W2 is interested in working with neighbors to
help alleviate .their concerns• This will ensure haat facilities are at least 300 feet from major mads
and private lands, and further assure that there would be no significant effects to nci%bboring
properties or to traffic on South Century Drive, Big Raver Drive, or Foster Road.
propondFavi'des and solid mater would continue to be collected
Although the EA wMinined that the raw sewage ters a BUY think ' a «s�� treatment
and treated on OWW2 property, many 0°�sawsad solid material will
pleat'° is planned for the acquired National Forest farad. All onleated wastewater will be piped
remain at the facilities oa the DisCrict s private property. to � rs nearby. including those located m
to the new parcel. The facilities proposed are ���
pie 6
OW W2 saaftm 1*21iat De hkv Ned=
EXHIBIT "A" OF THE BOARD DECISION FOE FILE NO'S. PA-02-5/ZC-02-3, PAGE 6 OF 54
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Sundver and Ltarm. These are facilities that have been oper&W successfully, and that provide a
needed public purpose. The Survivor facility is located on land that was recently acquired from
the Forest Service, and the Lapin facility is on land that was acquired in the 1990's from, the
Bureau of Land Managnamt.
Traatm�t
�Anothcr issue of interest to many of the commenters is the level of treatment that the effluent will
receive. In general, the levels of required treatment are based on the intended use and location of
use of the emuent. For example, if treated effluent is to be used to irrigate forest land or a Vass
hay crop, Level I is all that is needed. If the effluent is used to irrigate a Rolf course, them a higber
level is required, as higher levels have fewer restrictions on public access and less restrictive
setback requirements. QW W2's proposed facilities, including effluent storage and irrigation, will
be under the jurisdiction of DEQ and will meet all regwatory roquirc ants. 'rine envlrenmental
analysis hs9 shown that there would be no significant adverse effects from OWWZ's udenided
level of treatment, and that it is appropriate for this location and use. There is no regulatory or
environmental need for DEQ to requite a higher level of treatment.
Odor Concerns about possible odor are uadetstandable. Most odors, however, are associated with raw
sewage and solids, and not with properly treated effluent. As described in the EA, as long as the
ponds are operated and maintained to keep them sufficiently aerated, the treated efiluent will be
Odor free. proper preeessMS allows any organic materials to be converted to biological material
and settle out. With the removal of organic material, there would be no odors from the efIlueat,
and irrigation with the treated eluent will not create odors. By locating all facilities at least 300
feet from the parcel boundary and roads, there is further assurance that neighbors or the public
would not be affected by odors. It would be more logical to be concerned that existing facilities at
OW W2 have a greater potential to produce offensive odors because they do not property treat,
store, or irrigate with the effluent at the cmmt time.
Vrildlift
Malty commenters noted that Section 25 provides habitat for wildlife, especially deer and elk. The
environmental analysis shows that there would be no significant adverse effects to any species,
and that habitat would actually be improved. Some hiding cover would be lost, but approximately
100 acres of high, quality forage would be created by the conversion to an irrigated grass field.
Restricted public access and an overall decrease in human; activity and potential harassment, in
addition to the improved forage conditions, would provide a more desirable site for wildlife and
would tend to increase wildlife use.
Section 25 is within a high priority deer TdOrdtiOn corridor, As identified by ODFW. Minimal
disruption of existing migration► routes and displacement of animals are expected from the
facilities. Existing migration patterns would continue, as a large portion of the parcel conveyed
would remain open or undeveloped. The parcel would continue to provide open space but would
have an added benefit of improving forage habitat. Further development of nearbyprivato lands
would make Section 25 more critical for migration of des and elk in the future. The value and
integrity of the property as open space and for migration habitat would be maintained or unproved.
Hunting would not be allowed, which would also make the site more desirable for the animals.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGJ,, IqF 54
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The ligated idsand Storageponds would improve habitat for otberwildlife gbb�g r�eslluding
' dents
waterfowl and birds. This could provide wildlife viewing oppo� of species could improve
or those trIlve�g thr U& the area on. Foster Road. Habitat for a y8rfencing be to ODFW and
fatha with some Management of the property. Any Perimeter fencing
County specifications and designed and sitod to not interfere' wildlifemigration or movement.
of the facilities would exceed all setbacks required by local ordinances or
the siting 's in the EA has shown that them would be little visual
regulations• The scenic resource analyse to a minimum, as only a
impact from the faa�Lrses. Buildings and other atnlctures would be kept
smelt maintenance
building is planned. The Ponds and irrigated grass fields would change the site
to a more agri
cultural setting but retain its sense of open space acid rural landscape- The '
of ti�1e property would remain essentially as it in.. owwz iss offer , 8 dif%re>nt type o
fencing arr'uad the ponds instead of chain link, in an effort to make the facilities more visually
atioas, even though they would be more than 300 feet from roads or
apC4kng yet still meet vegetation
would be used to further serecn and buffer
adjacent lands. Landscaping and existing ve got
the facilities.
Environmentll J"eco or 9ociel Ids s> It Environmental Justice p
es on. minority and low-income Pop art
Executive Order 12999 directs each federal agency to make achieving Mations. A
of its mission by addressing effects of its activiti
der and disclose these effects during as
Presidential memorandurn emphasizes the need to cothat ts order is also nsi
environmental analysir- The memorandtmi clarifies
stended to promote
and the enviromaerlt.
nondiscriminstiOn in federal programa substaa y �B
The puipose of my decision to sell land to OWW2 is to provide for proper waste disposal
facilities
fns OWW2 residents and to improve water quality by helping to resolve existing gro
mdwstsf
eonurainat. an problems. This would help promote and provide for the health and safety of the
residents of OWW2, as well as other residents and resources in the vicinity and in the larger
USDA Rural Utilities Service identified Oregon. Water
Deschutes Basin eros. In 1997,
wonderland Unit 11 as being a low-income community. JAY decision to implement Alternative C
the community and benefit this low-income popuagion. it allows the needed facilities
to
tobewould helponbe osttveted and operated within the budget approved by the voters, and at rates that residents
Service and is
=upp
afford. As described previously, Ws is sorted by USDA Rural Utility
within their ability to fend.
Alternative A, the No Action alternative, would disproportionately and adversely affect this low-
income community by denying a viable and affordable volution to their sanitation and
. � would be adversely af%cted, and the
eoviraamental needs. Their ability to use their own property facilities.
value could decline due to the lack of acceptable sewage disposal
With no other option available to OWW2, selection ofd �bjeo� � civil penalties on Alternative wouldtit
OWW2 would continuo w be violation azth Q 901A thciT
Sunriver would still not be an option, unless the low- ates ftt si ould beimposed SR12
property to others who could afford the higher sewer rthese low-
-J'
case, No Action alternative would also have the adverse effect of driving
income residents from their homes sad land.
EXHIBIT A OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE e OF 54
ov W2 saujwy o,,kid DWWCW No=
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Ate_ ey S=29 for the M�t
Both the State of Oregon and Deschutes County encourage the use of reclaimed treated
wastewater for beneficial purposes and have rules and regulations to help make the use possible.
With competing water uses and increasing demands for groundwater, the ability to reuse
wastewater should continue to be encouraged and expanded.
DEQ agrees that the proposed improvements and upgrades to the OWW2 system are imperative to
protecting surface water and groundwater in the vicinity. Water quality protection is the
undari*g purpose for the project. The need to meet DEQ standards is what prompted the need
for the project several years ago. DEQ has given OWW2 until November 2003 to remedy their
environmental violation. Although DEQ sees the benefit of a regional system for the area and
would support 0WW21a use of the Sunriver system, they are aware it has not been shown to be
feasible. DEQ has expressed their support of Section 25 as the best implazw=table option. The
proposed modifications to the site plan and relocation of ponds and irrigated grass fields have
received DEQ's support.
Deschutes County demonstrated its support to OWW2 and for the potential use of National Forest
land early in the process in a 1999 Memorandum of Understanding between the Board of County
Commissioners and the Deschutes National Forest, related to continued cooperation to implement
the goals of the Regional Problem Solving (RPS) Project for Deschutes County. The
Memorandum of Understanding (MOU) establishes actions and processes by which the
participants are to implement speed upon solutions to the County's RPS goals and solutions, in
accordance with Oregon's RPS statute. The RPS Project required the collaboration of local, state,
and federal agencies to identify and resolve significant land we problems. The MOU notes that
.-d'-sites for individual septic systems in this area have the potential to affect groundwater
and su&ce water and can potentially threaten the Upper Deschutes Wild and Scenic River and
State Scenic Waterway. The RPS Project identified a variety of possible solutions for this and
othar issues.
The County and Forest Service mutually agreed to support the expansion of existing developed
sewer systems or installation of new systems to help manage waste collection and disposal in an
onvironmeatally acceptable manner in order to protect the quality of the groundwater and the
Deschutes River. The County and the RPS Project stakeholders identified OWW2 as a promising
candidate to help solve groundwater issues. Furtbermore, it was recognized that 0WW2 is a
suitable candidate to go forward with a proposal for sewer improvement and expansion, but they
may need National Forest lands to help accomplish this. A sale of land or issuance of a special
use permit are two of the possible methods identified for consideration to enable the use of
National Forest land. Deschutes County and the Forest Service agreed to support and assist in
efforts to identify suitable National Forest lands for expansion of the OWW2 sewer system, if
there are no reasonable altematives on private lead.
OWW2 has spent a great deal of time and effort in pursuing potential private land options, most
notably, a Suanver option. Evert with the help of various State agencies and Deschutes County, it
could not be demonstrated that a Sunriver option is possible to irnplwn=t The costs of ping to
this privately owned sewer system are well beyond what the low-income OWW2 residents can
a&rd. This has been substantiated by the Rural Utilities Service, based on income and expense
guidelines, Sunriver Resort is a for-profit corporation, whose goal of profit making appear to be at
odds with providing and affordable solution to OWW2's environmental problems. Neither
Owa1 seatisr� DlsQiornaai4aNadw
Page 9
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OWW2, SKY, the Cotmty, the State, nor the Forest Service bas been able to help make this an
affordable and viable solution for 0WW2. Seanto them a bId �� t� o the voteove what the r can
a$ord, OWW2 is limited by the funds that are available
approved ballot funding mea =; and there are no additional County, State, o. Federal��lito
available give to Sunriver Resort to offset the costs they propose to charge .
ie to the residents. Thera£ore, the Forest Service has determined that there+ are
make this affordable
available.
no reasonable private land altffiaad
Deschutes County should also be able to reach this same determination and proceed with eff=U to
The individual MOUS completed by
support and assist OWW2 in the use of the $action 25 parcel.ze that County' support w>� be given
the Country with OWW2 and with theFoService
Agai� the acquisition of National Forest land for
to the District's meed for facility expansion.
expansion is identified in both MOU bas a an
tad moulno d be aabdmini AYocessee
private lead.°° The County and State
and approvals needed for the OWW2 project to be compatible with local land use laws and
regulations. The County has also indicated that if a special use permit is granted while lands are in
federal o•wnerahip, existing uses are
«gundfathered" and accepted by the County when the land
converts from National Forest land to private owncrahip. The Forest Service's Previous
experience is similar situations for Sunriver Resort and the City of Sisters demonstrated that the
eXperi
County and Stats are si gtive of the use and acquisition of National Forest land to he1P resolve
groundwater contamination and community sewage disposal problems. In both of these cases
sition to tissuance he conveyance or isance of a
neither the County nor the State expressed any Oppacq�6 needed land use and siting
special use pc mit, and were helpful in assisting the proPOae'nts
approvals.
7bg State has eased the common goal of helping OWW2 obtain affordable monthly sewer
rates and a manageable and sustainable system. Once the County and State review the financial
information, I am coMdent that they would be able to make the determination that there are no
other reasonable alternative's on private land and take needed administrative acdozo to s would allow the
0WW29make
a proposed use compatible with applicable land use designations.
resolved
ftlig obligion to
groundwater pollution problems hisobporinc assisting OW
W2
assist OWW2 in acquiring National esa Pat
tary
bdU
in planniag effort and completion of land use applications to allow theCxp�sed sansonen sand the tY,
as stated in the December 8, 1999 MOU between the Board of County
OWW2 Sanitary District.
P isuc INVOLVEMENTes on March 7, 2001.
A Notics of Public Scoping'Ottear was trailed o 11
mora than i . address
esse+i in Oregon Water Wonderland Unit II, addresses, near the vaadevert site,
These included addr
parties, and others on existing Forest Service mailing lists. News articles about
]mown interested p and the ptvposal has been listed in the chadul o
the Project were published in local newaPap�s, and Prineville District BLX
p>roieots p6lia wd by the Deschutes and OchorA National Focosts
letter was mailed to about 230 addresses within 'A =Wile
0,1 June �4
Ju, 2001, a Supplemental Soaping considered as an alteitiatiye, and
of Section 25 to inform them that the Section 25 parcel was beingto extend
to provide ffisae residents an additional opportunity to comment. Ttie Forest deed concurrently
the
commmt period until July 20, 2001 in eoa�uriotlan with scoping efforts OOCUr11ng
osed sale of the Bend Pine NurserY Preppy in Bend. I total a ,*1 period was
with the prop page to
OWE Sated, mot Dawes® Nddcz
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 10 OF 54
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136 days in length, and comments continued to be accepted beyond the July 20th date. As a result
of these extended scoping efforts, comments from 95 letters, faces, emails, or personal contacts
were received and used to help define issues and guide the environmental analysis.
On November 9, 2001, copies of the EuvkOUMM l AnNsment were sent to those who requested
one, or otherwise made available for public review. A Notice of Public Comment Period was
mailed to more than 1,200 addresses, published in the Bend Bulletin nawspaPer, and pow to the
website for the Deschutes National Forest. Forty-six individuals, groups, or agencies provided
commCats, which were categorized and responded to in the Forest Service's Response to
Comments documents prepared in April 2002.
FINDING OF NO SIGNIFICANT EUACT
I have determined that implemeo ft this decision and convoying 480 ace of Nat io"I Far®st
land out of Federal ownership for the described community need is not a major Federal action that
would significantly affect the quality of the human environment; therefore an Environnental
Impact Statement will not be prepared. This dommination is based on the site-speeilfic
environmental analysis documented in the Environmentel Assessment and supporting documents
which describe direct, indirect, and annulative impacts of this decision. This determination is also
made with consideration of past, present, and reasonably foreseeable f m" actions on National
Forest System land and other ownership's within potentially aft'ected areas that could have a
cumulatively sigaific=t effect on the quality of the human environment.
I have found the context of ffic environmental effects of this decision is limited to the local area
and is not significant. I have also determined the severity of these impacts is not Significant,
oansidering the following tea factors of intemsity:
1. The analysis considered both beneficial and adverse effects. (EA Envirorumeutsl Effects
Section IV, pages 14-37).
2. 'There are no known sdverse. impacts to public health and safely. There will be a beneficial
effect of improving regional water quality and sanitation for the OWW2 eommuMty. (HA, Water
Resaurcm effects, pages 31-32).
3, There will be no significant adverse impacts to unique characteristics of the geographic area
such as pmximity to historic or cultural resources, wetlands, 'wild and scenic rivers, floodplain.
prime farm lands, old growth forests, range and forest lead, or ecologically critical areas. A
restrictive deed covenant Will ensure protection of the small wetland area. The decision will help
easare that the features and 'water quality of the Upper Deschutes Wild and Scenic River are
maintained or improved. (EA pages 35-37).
4. The effects of implementation of this decision are not likely to rise to tive level of scientific
controversy as defined by the Council of Environmental Quality. There has been no scientific
dispute or coatrovmy concerrung the existing water quality and sanitation problems or the
remedy that conveyance of the Section 25 property would help provide- The EA provides factual
information to support the decision.
S. Based on previous similar actions in the area the probable effeew of this decision an the human
envimmment are well known and do not involve unique or unknown risks. Recent lead
Oww2 SWiMy Distim tea" )A 06M
it it
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cozveYauca $om the Forest Service to gmriver Resort and the City of Sisters for similar reasons
rt this conclusion. OWW2's facilities would use accepted technology and
and similar uses std 11-13).
desigPs
ns approPnjae for this situation. (EA
precedent for future actions which may have sigpificant effects, no[
6. This action dem not set a pre le about a future ��deration.
do these actions repressor a decision in princip
with consideration of past, Present- and s'eSsonLbly foreseeable fut
7. 'leis deciaioa is made ure
Bally affected mW could
actions an National Forest land and other ownhPs'w'i lof jhe hum= onvironment: I find
have a cumulatively significant adverse etfeet on the quality
two to be no such cumulative sigaifioanc*.
the National Register of M""P1acd have bWn
8. Field ataveys for sites elig�'ble for listing in cal sju s on this parcel. ConYeya°ce will
completed. Thera are no eligible bistoric Or archaeologi
not contribute to the loss or dstr
euction of agpificant scientific.eultutal, or histone resources-
not
As described in the Environmental Assessmeat and documented io the project records, this
nation will have no adverse impact to any threatened or endangered species of animal or pleat.
(EA pages 33 and 35).
local laws or requiretnenta �Po�
10. This action does not threaten to violate Federal. State, or lresolve OyVvV2's eamants
for the protection of the environment. This decision will help
environmental violation imposed by the Oreton Department of Environmental Quality for
waaRewater storage and disposal.
This decision will help improve and protect orator resources.
(EA pages 1-2 and 31-32).
This decision is consistent with the direction nents the 1990 Deschutes National Forest
Land and Resource Plan and s
This decision is consistent with National Forest strategic goals and emphasis areas. This decision
lisbmemts for land health and comm�ty benefits, including
roily contributes to accomp �P°� to four of the six top
clean water and enbanced cam Ur1iV "parity' This decision vitality,
priorities for the Pacific Northwest Region! clean up the w� �° ootti communityte to
provide serYlooa and benefits %r people, reduce the
ty of wildfire.
motive Order 12898 "Federal Actions to Add"'
This decision is in compliance tions and Low -Income POPulations". No minority or
gpvireaaseatal Justice in Minority Popula rliona�l adversely �@� with the selected
low income PaPulations would be d�spoa w old be adversely mooted nth the No Action
alternative, but slow -income poPulan
alternative.
This decision is consistent with similar decisions made previOusly for the Degehutes National
Forest authorizing lead conveyance>l
to other local communities (Survive= and Sisters) for similar
of wastewater or sewa8e manarment_
This decision is within the authority giVen ttie Forest 3eavioe by the Bend Pine Nurs=Y Land
Conveyance Act (P'.L. 106-526). page 12
aim � xodw
EXHIBIT �T ""A" OF THE BOARD DECISION FOR FILE NOIS. PA-02-5/ZC-02-3, PAGE 12 OF 54
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The conveyance complies with Executive Orders 11988 and 11990 which address floodplain and
wetlands. The parcel is not within a floodplain and does not meet the criteria for Fxc=tive Order
11988. The 7 -acre wetland Area within the parcel would not be affected by the conveyance. A
protective covenant will be included in the conveyance deed, and OWW2 has no future pla114 to
develop the wetland and is planning to keep the wetland as a nAtutal area. Thie existing tiwFass
violation by the neighboring property owner will be resolved by the Forest Service and the area
will be restored prior to conveyance of the property.
breverdble and irraltzevable commitmeiats of resources are minimal and do not include impacts to
timber production, wildlife habitats, or soil
con would her a un inion is co interim
Inland Native Fish 83+ p Pr°w
would have a beneficial effect on aquatic species.
An investigation has been trade, and there are no lmown ha=doua waste locations on the pocel.
Other than the protective covenant for the 7 -acre wetland site, it has been detcM ned that no other
restnctions an needed to protect public resources.
ADMPUSTRAT1VE REVIEW AND APPEAL PROCEDURES
This decision is subject to administrative review (appeal) Fm'guant to 36 CFR 215.7. Any written
notice of appeal of this decision must be fully consistent with 36 CFR 215.14 and must include the
reasons for the appeal. A written notice of appeal must be filed with the Regional Forester within
45 days of the date legal notice of this decision appears in The Builetbin newspaper (Bend,
Oregon). File a notice of appeal with:
Linda Goodman, Acting Regional Forester
ATT'N: Appeals
USDA Forest Service, Pacific Northwest Region
P.O. Box 3623
portland, Orgpn 97208-3623
Further information about this decision can be obtained 8vm Alice Doremus at the Di-38chuteo 80.
National Forest Headquarters, 1645 Highway 20 East, Bend, OR 97701, telephort
EMLEMENTATION
If no appeal is reccivod, implmentation of this decision may occur on, but not before, 5 busing
days following the close of the appeal filing period. If an appeal is received, impi
emcntation not occur for 15 days following the date of appeal disposition.
/s/ L=Ue A C. WrI
LESIIE A. C. WELDON
Forest supervisor
Descbutes National Forest
owWI SMOMr now- Dow= NMM
June 17.2W2
Date
Page 13
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I T J h1nC1%1n1.1nd 1 KIW 1 ],Q
0
USDA Forest Service
. Deschutes National Forest, Bend -Fort Rock Ranger District
Deschutes County, Oregon
OREGON WATER WONDERLAND UNIT H SANITARY DISTRICT
TOWNSITE ACT APPLICATION
ENVIRONMENTAL ASSESSMENT
INTRODUCTION
This Environmental Assessment (EA) evaluates an application submitted by the Oregon Water Wonderland
Unit H Sanitary District to purchase National Forest System lands for treated wastewater storage and irrigation
facilities. The application was submitted under authority of the National Forest Townsite Act of July 31, 1958.
This EA analyzes the issues and effects associated with a sale of land by the USDA Forest Service to Oregon
Water Wonderland Unit II Sanitary District (District).
Oregon Water Wonderland Unit II (OWW2) is a 1000 -lot rural community in southern Deschutes County,
established in 1975. The District is authorized by Deschutes County and the State of Oregon, and provides and
manages sewer facilities for the community. County and state land use and environmental rules and regulations
have changed since the community was originally platted and approved, and what was approved for sewage
and effluent facilities in the early 1970's is not acceptable today.
OWW2 is located between the Deschutes and Little Deschutes Rivers, in an area with very high groundwater
(depths of 2 feet or less). In addition to being sited in a high groundwater area, existing facilities are aging and
• failing, and the wastewater disposal site is inadequate. All of these factors are contributing to water quality
degradation of the groundwater and possibly of the nearby rivers. The District is currently in non-compliance
with the Oregon Department of Environmental Quality (DEQ) regulations for wastewater storage and disposal.
Acquisition of a new, larger, and suitable area for wastewater storage and disposal, in conjunction with
rebuilding and expanding the sewer infrastructure at OWW2, will resolve the situation and help improve
regional water quality in southern Deschutes County.
A proposed sale would involve either 240 or 520 acres of National Forest land to be purchased by the District
for a treated wastewater storage and disposal site. The sewage treatment plant would remain on District
property; only the treated wastewater (effluent) would be stored and disposed on the proposed site.
This EA is composed of five Sections: l) Purpose and Need for Action, II) Description of Alternatives, IM
Description of the Proposed Use, M Environmental Effects, and V) List of Preparers and Consultation with
Others. The project file is located at the Bend -Fort Rock Ranger District Office.
SECTION I. PURPOSE AND NEED FOR ACTION
This Section contains eight parts: Proposed Action; Purpose and Need for Action; History and Background
Information; Decision to be Made; Additional Reviews, Permits, and Authorities; Scoping Process Used;
Identification of Issues; and Items Incorporated by Reference.
PROPOSED ACTION
In response to the District's Townsite Act application, the Forest Service is proposing to sell 240 acres of
. National Forest land to Oregon Water Wonderland Unit II Sanitary District to help them meet the community's
wastewater disposal needs and to help improve groundwater quality. The District would use the site for
wastewater storage and an irrigation area to sprinkler irrigate and reuse the treated effluent. Access roads and
ancillary facilities would be included. There would be a buffer area between the facilities and adjoining lands.
NOVEMBER 2001 PAGE 1
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 14 OF 54
0
The land applied for under the Townsite Act is only for storage and disposal of the treated effluent. The raw
sewage and solid material would continue to be treated on the District property.
• The parcel of National Forest land being considered as the Proposed Action (Alternative B) is located
approximately 16 miles south of Bend and 2 miles south of Sunriver, Oregon, in Sections 16 and 17, T. 20 S.,
R. 11 E., W.M. Vandevert Road is on the southern boundary, and the Burlington Northern Railroad forms the
eastern boundary. There is National Forest land on the west and north sides with a portion of the northwest
comer adjoining undeveloped private land. (Refer to Area Map).
PURPOSE AND NEED FOR ACTION
The primary purpose and need for the land sale is to provide a viable means for OWW2 to resolve their
wastewater storage and disposal situation and their environmental violation with DEQ. The District has a need
to implement a feasible and economic solution to continue to serve the community, meet environmental
regulations and requirements of DEQ, and help protect the groundwater quality in southern Deschutes County.
In order to accomplish this, the District has an urgent need to acquire adequate property for storage and
disposal of treated wastewater.
In the LaPine Basin in southern Deschutes County, contamination of groundwater and surface water from
septic tanks and drainfields is a widespread and serious concern. In December 1998, Deschutes County
Commissioners signed Ordinance No. 98-085 recognizing that groundwater quality is diminishing due to the
cumulative impact from existing on-site septic systems in areas of high groundwater tables and rapidly draining
soils. The Commissioners declared this an emergency and signed the ordinance for the immediate preservation
of public peace, health, and safety. As with other communities in the area, high groundwater, unfavorable soil
conditions, and close proximity to the Deschutes and Little Deschutes Rivers are major factors in the inability
of the existing wastewater disposal site at OWW2 to accommodate the wastewater. The existing wastewater
storage facilities do not have enough capacity, and the irrigation area is too small and inadequate. Treated
effluent is currently being applied at a rate much greater than what is allowed because there is not enough land
• to accommodate irrigation at the proper agronomic rates. In addition, the existing sewer and septic systems are
leaking and failing. The current system was approved, designed, and constructed 30 years ago and is not able
to meet today's needs for the community or for protection of the environment.
The Oregon State Legislature recognized the severity of this type of problem in southern Deschutes County
when it authorized a Regional Problem Solving (RPS) Project for that area, and assigned the Oregon
Department of Land Conservation and Development to administer the program. The RPS Project is aware that
inadequate sites for individual septic systems are likely to result in polluted groundwater, and that there is a
need to find a proactive solution. Deschutes County and the RPS Project identified OWW2 as a promising
candidate to help solve groundwater issues, and recognized that they may need National Forest land to go
forward with sewer improvement and expansion.
The Forest Service recognizes the local public need for a solution to the OWW2 community's wastewater
problem. The Forest Service also recognizes the broader regional public need to reduce groundwater
contamination, improve water quality, and protect the long-term health of the watershed. The Forest Service
has a need and responsibility under the Townsite Act to respond to the District's proposal.
HISTORY AND BACKGROUND INFORMATION
When Oregon Water Wonderland Unit II was originally platted and approved by Deschutes County in the early
1970's, only about one-fourth of the lots were planned to be served by a sewer collection and treatment system,
and the remainder were to have standard on-site septic tanks and drainfields. County and state environmental
rules and regulations have changed since that time, and what was approved then would not be acceptable today.
OWW2 has been taking steps to resolve their wastewater storage and disposal situation for the past several
years. The existing sewage treatment facilities are all currently located on District property and within the
•
OWW2 boundary. The District plans to upgrade and repair their existing on-site sewage treatment facilities but
needs additional area for a wastewater disposal site. Currently the total area for all their facilities is 11 - acres,
with just 4 acres available for irrigation and disposal of the treated wastewater.
PAGE 2
NOVEMBER 2001
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 15 OF 54
0 •
The District and the Forest Service have been working with Deschutes County to help OWW2 resolve their
situation. The county has long recognized that there is a serious water quality problem in many areas of
southern Deschutes County. The county has recognized that OWW2's situation could be resolved by acquiring
National Forest land, and has entered into separate Memorandums of Understanding (MOU's) with both
OWW2 and the Forest Service to demonstrate their support for OWW2's efforts.
High groundwater and adjacent rivers severely limit on-site disposal of treated wastewater. OWW2 has been
working with the Forest Service for more than three years to explore options for potentially suitable sites to
help resolve their situation. Research indicates that there are no suitable and feasible private land options
available, but that the identified National Forest land is well suited to meet their needs. As a result, the District
applied under the authority of the Townsite Act to purchase 240 acres of nearby National Forest land to be used
for wastewater facilities. The application was submitted September 22, 2000, and accepted by the Regional
Forester on October 31, 2000 for finther evaluation. The Townsite Act of 1958 gives the Forest Service the
authority to sell land to a community for the purpose of meeting essential community needs and objectives_
The land would be sold at fair market value as determined by a real estate appraisal. Funds received from a
Townsite Act land sale go to the national treasury.
On November 22, 2000, President Clinton signed into law the Bend Pine Nursery Land Conveyance Act
(BPNLCA), which provides a new legal authority for the Forest Service to sell this specific parcel of land, as
well as others identified in the legislation. The intent of the BPNLCA is to convey certain properties out of
federal ownership and retain the proceeds of the sale of these lands for purchasing local Forest Service
administrative facilities. Late in 1999, while the BPNLCA was being drafted, the Deschutes National Forest
offered to include several scattered parcels of land in the proposed legislation that were identified as having lost
their National Forest character or that were difficult to manage. "Tract C", which includes the OWW2
proposed site, was among those added to the legislation. (Refer to Area Map). The intent was to provide a
. potentially more efficient and timely process for land disposal and conveyance to OWW2, which would in turn
help improve water quality in a more timely manner. The Deschutes National Forest would also benefit,
because unlike a Townsite Act sale, funds from a BPNLCA sale would be retained for use locally. When the
legislative process was prolonged, OWW2 could not wait indefinitely to proceed under a future BPNLCA
legislation, and needed to take action to resolve their environmental violation. With the support of Senator Ron
Wyden's office in July 2000, the District began the process to submit a Townsite Act application. The Forest
Service and DEQ shared the concern that finther delay would contribute to increased contamination of the
groundwater and possibly of the Little Deschutes River and of the Deschutes River, which is a designated wild
and scenic river. Furthermore, legislative and administrative delays could cause OWW2 to forfeit a portion of
their grants and loans for this project. OWW2 could also be liable for fines and penalties from their
environmental violations.
In recent years, similar proposals for conveyance of National Forest lands to meet similar needs for central
Oregon communities have been submitted, analyzed, and approved by the Forest Service. In each of these
cases, the communities also had a need to expand or improve their waste facilities to prevent future
contamination of water resources and to stay in compliance with state regulations. In each dffe, the Forest
Service gave high priority to completing the environmental and administrative processes to respond to those
community and environmental needs. In each case, county and state agencies also supported the process and
conveyance. These similar projects include:
1997: The Deschutes National Forest approved a proposal by Sunriver Resort to use approximately 150
acres of nearby National Forest land under a Special Use Permit for construction of a wastewater storage
pond and disposal site.
1999: The Forest Service finalized a sale of 160 acres of National Forest lands to the City of Sisters for a
• sewage treatment plant and related facilities, under the Townsite Act authority.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 16 OF 54
NOVEMBER 2001 PAGE 3
2000: The Deschutes National Forest finalized a land exchange that gave Sunriver Resort ownership of
375 acres (including the Special Use Permit area) of National Forest land for continued use and
expansion of their wastewater treatment facilities and future use for biosolids disposal.
DECISION TO BE MADE
The decision to be made by the Director of Recreation, Lands, and Minerals for the Pacific Northwest Region,
is whether or not to sell the 240 -acre parcel applied for under the Townsite Act to the Oregon Water
Wonderland Unit H Sanitary District. Other reasonable and feasible federal land options which meet the
purpose and need for the project may be considered and selected. The decision will include a public interest
determination of whether the community needs and public benefits of selling the land to the District for the
proposed use: outweigh the public benefits of retaining the land in federal ownership as part of the National
Forest System. Any decision to sell property to the District would include whether it is sold using the Townsite
Act or BPNLCA authority. A decision may also include an option to issue a short-term, temporary Special Use
Permit to allow site preparation and initial phases of construction to begin prior to a deed being issued and a
sale consummated. The decision, documented in a Decision Notice, will be based on the findings in this
Environmental Assessment and will consider public comments.
ADDITIONAL REVIEWS PERMITS AND AUTHORITIES
The sale of National Forest land would require an appraisal to determine market value, and would be
substantiated by a formal appraisal report. The appraisal report would be reviewed and approved for agency
use, in conformance with agency and federal appraisal standards and the Uniform Aynraisal Standards for
Federal Land Acquisition requirements.
The Pacific Northwest Regional Office and the Washington D.C. Office of the Forest Service will review the
proposed sale and verify that it complies with Forest Service policy and technical standards prior to the
Decision Notice being issued.
• Both the State of Oregon and Deschutes County encourage the use of reclaimed wastewater for beneficial
purposes and have rules, regulations, and guidelines to help make the use possible. The OWW2 District would
be required to follow established local land use procedures and processes to obtain any necessary approvals for
siting the planned facilities. OWW2's proposal appears to be consistent with Deschutes County policy and the
intent of the Regional Problem Solving Project for improving groundwater quality. Once the property is no
codes under the Deschutes Comprehensive Land Use Plan would
longer in federal ownership, county zoning
apply. The District currently operates their existing facilities under permits and regulations from DEQ and
Deschutes County and would continue to do so with new facilities.
Treated effluent is regulated by the State of Oregon under Oregon Administrative Rules (OAR) Chapter 340.
DEQ administers the rules and requirements for groundwater protection and ensures that reclaimed water will
not be used or applied in a manner that causes contaminants to leach in the groundwater or affect groundwater
quality. No reclaimed water may be discharged or released without a Water Pollution Control Facilities permit
or a wastewater discharge permit. The State of Oregon is also responsible for authorizing the operation and
maintenance of wastewater facilities. Rules and regulations by DEQ have mzmcrvus sWmgentiegairements,
including monitoring and reporting, to ensure protection of the environment.
SCOPING PROCESS USED
A "Notice of Public Scoping" was mailed to more than 1,000 addresses on March 7, 2001. These included
addresses in Oregon Water Wonderland Unit 11, addresses near the proposed site, known interested parties, and
others on existing Forest Service mailing lists. The scoping notice presented a brief description of the proposal
in order to give the public an opportunity to help identify issues to consider and address in the environmental
analysis. News articles about the project were published in The Bulletin and the Sunriver Scene newspapers.
The proposal has been listed in the Schedule of Proiects published by the Deschutes and Ochoco National
. Forests and Prineville District BLM.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 17 OF 54
NOVEMBER 2001 PAGE 4_
Based on scoping comments, it was determined that the environmental analysis should also evaluate another
National Forest parcel in nearby Section 25 as an alternate site. The Section 25 parcel is located approximately
2 miles southwest of the Vandevert parcel. On June 4, 2001, a Supplemental Scoping letter was mailed to
about 230 addresses within '/. mile of Section 25 to inform them that this parcel may be considered as an
alternative, and to provide these residents an additional opportunity to comment. The Forest decided to extend
the comment period until July 20, 2001 in conjunction with scoping efforts occurring concurrently with the
proposed sale of the Bend Pine Nursery property in Bend. The total scoping period was 136 days in Iength, and
comments continued to be accepted beyond the July 20th date.
As a result of the extended scoping efforts, comments from 95 letters, faxes, emails, or personal contacts were
received. The issues are summarized below, and a summary of the public comments is included in the project
file. In general, the comments reflected that residents and landowners within several miles of the proposed
sites are concerned about perceived effects that the project could have on their property or their quality of life.
Most comments and issues reflected the desire to have the project located somewhere else, farther away from
their property. Many people appeared to be expressing initial concerns based on fears and perceptions of what
the facilities would be like instead of concerns based on facts about the facilities or the environment. This was
due in part to the lack of detailed information provided in the scoping letters and incorrect or misleading
information being circulated from other sources in the local area.
IDENTIFICATION OF ISSUES
The Interdisciplinary Team developed a list of issues from the comments that were received. Issues either
considered important to help guide the analysis or for general information and clarification are summarized
below. This list reflects the issues identified from public scoping efforts and specialists' input, and is in relative
order based on the numbers of comments received.
Effects on Private Property
• What would be the effects on private property in the area?
• How far away could effects be noticed?
• Could this affect homes or property in the area?
• Will there be buffer areas around the facilities?
Purpose and Need for the Project
• Why does OWW2 need the project?
• What is the purpose of the facilities?
• How would this fit with needs identified in the Regional Problem Solving Project?
Other Alternatives Considered
• What other sites or options were considered?
• Would Section 25 of Tract C from the BPNLCA be a viable alternative?
• Could Sunriver Resort treat the OWW2 wastewater at their facility as another option?
• Could OWW2 purchase all of the National Forest lands in Tract C amundlbepuposed site
(approximately 920 acres) instead of just 240 acres, to provide a larger buffer area?
Groundwater and Surface Water Quality
• What would be the effects on groundwater quality?
• What would be the effects on the water quality of the Deschutes and Little Deschutes Rivers?
• Are existing OWW2 facilities affecting groundwater or surface water quality at the present time?
• What are DEQ's concerns?
• Could domestic wells become contaminated because of the proposed use of the site?
Proposed Facilities
• What are the proposed facilities and what will they do?
• Where will the raw sewage be treated?
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 18 OF 54
NOVEMBER 2001 PAGE 5
0 0
Treatment Levels/Facility Design
• What is the required level of treatment, and how is that determined?
• Should OWW2 be required to treat to a higher level?
• What monitoring, mitigation, and safeguards will there be?
• How will the effluent be transported to the site?
• What facilities will remain at the existing OWW2 property?
• Are there other similar types of facilities in existence, and how do those compare?
NEPA and Siting Processes
•?
What was the Scoping process, and how were people contacted
• What decisions will be made?
• What state and county permits or approvals would be needed?
Wildlife
• What would be the effect on deer and elk?
• How would this affect big game migration and the migration corridor?
• What. are the effects on non -game species of wildlife?
• Would this project improve habitat for wildlife?
• Can wildlife use the area after the facilities are in place?
Odor
Would there be odors?
What safeguards are there to minimize the potential for odors?
Visual Quality
• What will the site and facilities look like?
• Would the facilities be seen from a distance?
• How much of the existing forest landscape will be retained?
Other Environmental Benefits Or Effects
• What would be the effects on recreation use?
• Would public access be allowed?
• Would this increase the risk of wildfire?
Environmental Justice or Social Disparity
• If nearby affluent communities or resorts object, would the sale and proposed use be denied?
• How do regulations and policy for Environmental Justice apply to the analysis and decision?
Authority
• Under what legal authority can the Forest Service sell the property?
• What is the Townsite Act, and how is it applied in this situation?
• What is the BPNLCA, and what is its relationship to this proposal?
• Will approval of this set precedence, or have similar projects been approved before?
• Would denial of the Townsite Act application set precedence?
Future Use
• Will there be any other uses allowed at the site of the facilities?
• Would any other housing developments use the OWW2 facilities?
• If OWW2 does not acquire the property, will the Forest Service sell it later to someone else under the
BPNLCA?
• If the parcel is not sold to OWW2, what would it be used for instead?
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 19 OF 54
NOVEMBER 2001 PAGE 6-
•
Isolated Or Unmanageable Parcel
.• What is meant by unmanageable or that the National Forest character has been lost?
• What makes the parcel difficult to manage?
• How would the NFS land be managed if it stayed in federal ownership?
Site Location And Requirements
• Why was the proposed site selected?
• How would the property be zoned by Deschutes County once it is in private ownership?
Agency Support For The Project
• What support is there from other agencies?
History and Background
• What are OWW2's needs, and how did these lead to the proposal to the Forest Service?
• Why is this project important at this particular time?
Loss of Federal Lands
• Is this sale of National Forest land in the public interest?
• What are the effects of the loss of these lands?
• Would these parcels be sold anyway to another party, if not to OWW2?
ITEMS INCORPORATED BY REFERENCE
This Environmental Assessment incorporates by reference the standards, guidelines, and monitoring
requirements of the 1990 Deschutes National Forest Land and Resource Management Plan (LRMP), including
applicable amendments. The EA also incorporates three environmental assessments prepared by the Forest
• Service for similar proposals by Sunriver Resort (Special Use Permit and Land Exchange) and the City of
Sisters (Townsite Act Sale). Specialists' reports used in the preparation of this EA are included in the project
file, located at the Bend -Fort Rock Ranger District office.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 20 OF 54
NOVEMBER 2001 PAGE 7
•
•
SECTION H. DESCRIPTION OF ALTERNATIVES
This section provides a description of alternatives that are reasonable, viable, within the scope of this analysis,
and respond to the "Purpose and Need". Forest Service managers and specialists considered the purpose and
need for action, management and administrative issues, and public comments, in developing alternatives.
Federal lands which could be conveyed by the Forest Service and used by Oregon Water Wonderland Unit II
are being considered in detail. Three alternatives analyzed in this Environmental Assessment are:
Alternative A, the No Action Alternative,
Alternative B, the Proposed Action (Vandevert Parcel)
Alternative C, the Section 25 Parcel
A brief discussion of alternatives considered but eliminated from detailed study is also included.
ALTERNATIVE A — "NO ACTION" ALTERNATIVE
Under this alternative, there would be no sale of National Forest land, to the OWW2 District for a wastewater
facility. The Deschutes National Forest would continue to manage the land in accordance with'the current
management allocation under the direction of the 1990 Land and Resource Management Plan, at least for the
very short-term. However, the land is planned to be evaluated for sale under the authority of the BPNLCA and
would likely be sold in the near future to another private party. The No Action Alternative would not meet the
Purpose and Need, but is described as a basis for comparison with Alternatives B and C.
ALTERNATIVE B PROPOSED ACTION (VANDEVERT PARCEL)
With this alternative, the 240 acres of National Forest land identified m the Townsite Act application would be
sold to the OWW2 Sanitary District. The District would use the property for wastewater facilities in
conjunction with improvements to sewage treatment facilities located on District land. All uses would need to
conform to state and local rules, regulations, and zoning. Treated effluent would be piped from the sewage
treatment facilities to the Vandevert parcel within existing public rights-of-way along roads and across the
Little Deschutes River. The pipeline will be encased and constructed to standards to minimize risk of a break.
The effluent would be treated to the State of Oregon's Level II standards as defined by Oregon Administrative
Rules. Lined storage ponds would have the capacity to store at least six months of effluent outside of the
growing season.
The following features are proposed by OWW2 for the Vandevert parcel, and are being used as the basis of the
analysis (Refer to Alternative B Map):
• Parcel size is 240 acres
• Irrigation system would be a center pivot sprinkler system with a 90 -acre circle irrigation area
• Grass hay crop would be irrigated with the reclaimed treated wastewater during the growing season, May
through October
• Hay would be harvested and sold for livestock feed
• Treated wastewater would be stored in three ponds, each approximately 3-6 acres in size. Total pond
surface area would be about 15 acres
• Small building would house maintenance operations and storage
• Chain link fence would be around the ponds and maintenance building
• Treated effluent would be piped approximately 2% miles from the OWW2 property to the Vandevert parcel
• Access from Vandevert Road would be at the site of the existing access road
• 40 -acre buffer area in the northwest portion of the parcel would remain as forest landscape, with existing
forest vegetation retained
• Perimeter fencing would consist of 3 -strand smooth wire fencing
• Facilities would be at least 300 feet away from Vandevert Road
• Undisturbed sites not used for facilities would be retained in a forest landscape (approximately 130 acres)
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 21OF 54
NOVEMBER 2001
ALTERNATIVE C - SECTION 25 PARCEL
Under this alternative, 520 acres of National Forest land within Section 25 would be sold to OWW2 for siting
wastewater facilities. This location was originally suggested by OWW2, but after preliminary discussions with
the Forest Service it was not proposed in the Townsite Act application., It appeared that at least a portion of this
parcel had high groundwater, and the Vandevert parcel appeared better suited in terms of depth to groundwater.
In response to issues raised by the public during Scoping, this site is now being considered. Preliminary soils
information determined that Section 25 would be a feasible option. The entire 520 -acre block is being
considered, because it would not be administratively desirable or manageable for the Forest Service to retain
any smaller portions of this already isolated tract.
As with the Vandevert parcel, the District would use the property for wastewater facilities in conjunction with
improvements to treatment facilities located on District land. All uses would need to conform to state and local
rules, regulations, and zoning. Facilities would be similar to those proposed for the Vandevert parcel and the
use would essentially be the same, except that facilities would be arranged and sited to best fit this parcel.
Treated effluent would be piped from the sewage treatment facilities at OWW2 to Section 25 within the
existing public right-of-way along South Century Drive. It would cross under the road, but would not need to
cross any water bodies. The effluent would be treated to the State of Oregon's Level II standards, as defined by
Oregon Administrative Rules. Lined storage ponds would have the capacity to store at least six months of
effluent outside of the growing season.
The following features are proposed by OWW2 for the Section 25 parcel, and are being used as the basis of the
analysis (Refer to Alternative C Map):
• Parcel size is 520 acres
• Forest Service would sell the entire parcel to avoid creating a more fragmented isolated tract
• Wetland area (7 acres) in the northwest portion of the property would not be used for facilities
• Facilities would be sited west of Foster Road, based on soils and groundwater information
• Two circle pivot sprinkler irrigation systems would irrigate an area about 95 acres in size
• Grass hay crop would be irrigated with the reclaimed wastewater during the irrigation season, May through
October
• Hay will be harvested and sold for livestock feed
• There would be 2 storage ponds, (one 10 acres, and one 5 acres in size). The total pond area would be
approximately 15 acres
• Small building would house maintenance operations and storage
• Chain link fence would be around the ponds and maintenance building
• Treated effluent would be piped approximately % mile from the OWW2 property to the Section 25 parcel
•... Perimeter fence will consist of 3 -strand smooth wire fencing
• Ponds and irrigated fields would be set back 300 feet from South Century Drive and 200 feet from Foster
Road.
• . j Foster Road would continue to be used by the public
• Undisturbed sites not used for facilities would be retained in a forest landscape 405 acres)
Under either Alternative B or Alternative C, the OWW2 community would be able to have a properly designed
sewage collection and treatment facility to serve all lots. This would allow them to be in compliance with all
environmental rules and regulations for waste disposal. Under either alternative, the following scenario would
occur.
• Sewage treatment and collection facilities would be reconstructed at the current OWW2 location
• The aging and failing treatment plant would be decommissioned and removed
• New effluent storage and irrigation facilities would be constructed on the acquired National Forest parcel
• 200 residences now on the existing sewer system would be connected to the new system
• 70 vacant lots within the area served by the existing sewer would be added to the system when homes are
constructed
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 22 OF 54 '
NOVEMBER 2001 PAGE 9
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• 275 homes with failing on-site septic systems or systems on lots in high groundwater would be connected
to the new system, abandoning these problem systems
- 50 homes with adequate working on-site sand filter systems would be added within 10 years
• 75 vacant lots in areas of high groundwater could be approved for home construction and would be
connected at the time of construction
• 330 vacant lots remaining can be built on over time, allowing the community to build out all legal and
approved lots
• Build out and connection of all lots would be expected to occur by 2020
ALTERNATIVES CONSIDERED BUT ELIMINATED FROM DETAILED STUDY
As part of the Townsite Act process, the applicant must show that there are no equally suitable private or public
lands available to meet their needs. OWW2 had investigated and researched possible options for wastewater
storage and disposal sites prior to submitting an application to the Forest Service. The following is a list of
options that have been considered:
1. Property within the OWW2 Sanitary District boundary— No additional land is available; no other land has
suitable soils and depth to groundwater, existing treatment area is too small for expansion and has high
groundwater.
2. Quail Run Golf Course (6 miles south)— Would require a pipeline at least 6 miles in length; the size of the
ponds would be too large for the golf course to accommodate.
3. Crosswater Golf Course (1'/. miles north)-- Not interested in storing and utilizing the effluent for
irrigation.
4. Thousand Trails (adjacent to the southeast portion of OWW2)— Not interested in selling the area that has
potentially suitable soils; size of acreage may not be adequate.
5. Vandevert Ranch (`/< mile east of OWW2)-- Does not have any interest in encumbering their land; they
cannot sell land.
6. Mildred West Trust Land (adjacent to the north end of OWW2)-- Owners declined to become involved.
7. Donald Harris Land (adjacent to the southwest portion of OWW2)— Owners declined to become involved.
8. 40 acres of National Forest land within the OWW2 development-- This is designated as part of the Upper
Deschutes Wild and Scenic River, has high groundwater.
9. Exchange for National Forest land instead of purchase-- OWW2 has no property to exchange; financial
ability to acquire land for trade is very limited; early discussions with Deschutes County did not identify
parcels owned by the county or that the county could acquire that could be considered for an exchange; a
land exchange tends to take longer time to process and would delay resolving groundwater contamination
issues and environmental violations with DEQ.
10. Sell all the National Forest land (920 acres) identified in Tract C that lies north and south of Vandevert
Road and use the extra land as a buffer area-- OWW2 would not have the financial capability nor the need
to purchase the entire parcel; a buffer area of that size would not be needed.
11. Pipe all the raw sewage from OWW2 to Sunriver Resort— All sewage and effluent would be transported
approximately 4%i miles by pipeline, possibly along a similar route as proposed in Alternative B, and would
involve crossing the Little Deschutes River. The sewage would be treated at the existing sewage treatment
plant in the Sunriver community, and the treated effluent would be disposed of by irrigation of the Sunriver
golf courses or adjacent land. This potential option had been proposed in July 2000, and has been
discussed between OWW2 and Sunriver Resort since that time. Several state and county agencies became
more actively involved in the discussions in August 2001, as they thought this could be a favorable option.
While technically feasible, it does not appear to be economically feasible or viable for either OWW2 or
Sunriver Resort. OWW2 has a fixed and limited budget available to them, based on a voter approved bond
measure, projected grants and loans, and commitments made to the residents. State and county agencies
evaluated public funding sources, but could not provide additional funds or support to make this
economically possible. Much higher initial costs, monthly rates, and potential future costs would be
needed in order to fund a Sunriver option. These increased costs would be too great and would be an
. adverse impact on the low-income OWW2 community. If this had been a viable option, OWW2 would not
need the Forest Service property and would withdraw their Townsite Act application.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 23 OF 54
NOVEMBER 2001 PAGE 10
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SECTION III. DESCRIPTION OF THE PROPOSED USE
• This section describes the proposed use and includes information about sewage treatment plants and processes
in order to provide the public an accurate depiction of what is involved to better understand OWW2's proposal.
The purpose of this EA, however, is not to analyze the engineering or technical details of the proposed facility
or its intended use, as that is beyond the scope of this analysis. Other regulatory agencies, such as DEQ, have
the responsibility and jurisdiction to review and regulate the siting and operation of the facility.
Under the authority of the Townsite Act, the Forest Service must determine that the public benefits from the
sale of land outweigh the public benefits of retaining the land in National Forest ownership. In order to identify
the benefits, the Forest Service needs to consider the intended use and evaluate the benefits and environmental
effects.
The proposed use is the same for either of the two parcels of National Forest land being considered. The layout
of the facilities would differ in order to best suit the parcel, but the overall improvements, system, and
operation would be the same.
OVERVIEW OF THE SEWAGE TREATMENT PROCESS
"Sewage" is the water -borne wastes of a house or community and consists of both solid and liquid material. It
is transported by pipe to either a septic tank, for on-site treatment for a home, or to a central sewage treatment
plant serving a community. The sewage treatment process is a natural process of cleaning and recycling water,
and it is an essential requirement for all communities and households.
SOLIDS AND SLUDGE— At the sewage treatment plant, the incoming raw sewage is passed through a series
of screens to remove solid objects, such as pieces of wood and plastic, for preliminary treatment. The collected
debris is disposed of in a landfill. The sewage then travels through a grit removal system, which allows grit,
• sand, and smaller solid material to settle out. The remaining sewage flow continues on to sedimentation tanks
or ponds which allow the organic solids, or sludge, to settle out. The sludge is pumped into digesters where it
is organically decomposed by natural bacteria. The digested sludge may be dehydrated and transported off-site
for use as a soil conditioner or fertilizer, as it is rich in organic matter. Sludge often has strong odors.
Removing the solid materials finishes the "primary". treatment,. The clarified wastewater, or effluent, continues
on for further treatment.
WASTEWATER— With the solid organic and inorganic material removed, the wastewater or "effluent" next
goes to aeration ponds for "secondary' treatment. This is the biological treatment process that uses oxygen and
microorganisms to remove dissolved organic matter from the wastewater. Aeration is part of the natural
process where microorganisms consume organic matter as their food source and break down the organic
content. (Under anaerobic conditions, however, such as those occurring in septic tanks or without oxygen;
breakdown of the organic matter is slow, odorous, and incomplete.) The oxygenated wastewater then moves on
to another pond for further aeration and microbial action.
"Tertiary" treatment involves the last stage of the process where the effluent is polished by passing through a
series of very fine filters. It is also chlorinated for disinfection. Chlorination kills the microorganisms as the
final treatment. Treatment systems may add a chlorine -neutralizing chemical to the treated wastewater. The
treated effluent is then ready for disposal or reuse.
Unlike anaerobic on-site septic systems, this effluent is very low in nitrates because of the aerobic biological
process. In many parts of the country, as well as within the state of Oregon, treated effluent is disposed of by
discharging into rivers or waterways. Using reclaimed water for beneficial uses is becoming more popular,
particularly as existing treatment facilities are upgraded or new ones are being constructed, Permitted uses of
the wastewater depend on the level of treatment of the effluent. Common uses include irrigation of crops,
greenhouses, or golf courses. The type of use determines what the required treatment level is for the
wastewater. Oregon DEQ Division 54 rules govern land application of treated wastewater in Oregon.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-5, PAGE 24 OF 54
NOVEMBER 2001 PAGE 11
SEPTIC SYSTEMS— Most homes with on-site systems have septic tanks and drainfields. In this process, the
issewage flows from the house to an underground tank where solids settle out and are treated under anaerobic
conditions. The liquid waste flows into an underground drainfield and is disposed of by seeping into the
ground. To be effective, septic systems must be properly sited in suitable soil and adequate groundwater
conditions. The wastewater that is discharged from these systems is high in nitrates and odorous.
WATER TREATMENT LEVELS
Reclaimed water treatment levels (I-IV) are different from the levels of sewage treatment (primary, secondary,
and tertiary) described above. Treatment, monitoring requirements, and allowable beneficial uses of treated
effluent are based on levels of quality of the reclaimed water, as described in Oregon Administrative Rules for
DEQ (OAR 340-55-015). These quality levels are Level I, II, III, and IV, with Level I having the least amount
of treatment and the least amount of allowable uses.
Properly treated wastewater does not have objectionable odors. As long as the wastewater is treated in a
manner that ensures aerobic bacteria are allowed to thrive, any organic materials will be converted and the
resulting treated effluent is clear and odor free. The potential for odors exists when the aerobic system is
allowed to become oxygen deficient. Ponds are mechanically aerated to assure that aerobic conditions are
maintained. Sampling, monitoring, and DEQ oversight ensure that facilities are properly maintained and
operated.
EXISTING TREATMENT FACILITIES AT OWW2
Presently, the District treats the community's sewage entirely on the OWW2 property using a process similar to
that described above. However, the capacity of the ponds and irrigation facilities for wastewater treatment and
disposal is too small and inadequate. This is compounded by the fact that there is very shallow groundwater in
that area, so the ground may already be saturated and cannot absorb and filter additional water. As a result, the
•treatment is not acceptable to meet today's environmental rules and regulations and is in violation of DEQ
regulations. During disposal, the wastewater is used to irrigate a 4 -acre lawn, but is being applied at rates much
greater than what the grass can utilize. As a result, not all the nitrates may be taken up. The ponds are too
small to adequately store the wastewater outside of the growing season. The District is planning to reconstruct
and upgrade the sewage treatment facilities at their existing location on the OWW2 property. However, there is
not enough land available to accommodate improved and expanded wastewater facilities or to allow them to
function properly.
PLANNED FACILITIES
The existing sewage treatment plant is at capacity and handles the sewage for approximately 20% of the
community, or 200 homes. In conjunction with the new wastewater facilities on the land to be acquired from
the Forest Service, the existing facilities at OWW2 would be upgraded and rebuilt to serve these existing
homes, plus the homes that are currently on septic systems as well as the lots that cannot receive approval for
construction because of high groundwater. It will provide sufficient capacity for build -out of the remaining
approved lots. Solid waste matter would continue to be treated on the OWW2 property and only the treated
wastewater would go to the newly acquired site for final treatment, storage, and irrigation.
SIMILAR FACILITIES IN CENTRAL OREGON
LAPINE COMMUNITY— In the 1980's the community of LaPine purchased approximately 200 acres from
the Bureau of Land Management under the authority of the June 14, 1926 Recreation and Public Purposes Act
and developed the site for effluent storage ponds and irrigation. This facility is comparable to what OWW2
proposes, as it irrigates a hay crop and uses a center pivot sprinkler system, and treats to a similar level. The
closest residences are approximately %2 mile away.
CITY OF SISTERS— In 1999, the city of Sisters purchased 160 acres of National Forest land under the
.Townsite Act authority for construction and operation of sewage treatment and wastewater facilities. This is a
new system, which will eliminate individual on-site septic systems and allow for community growth of
residential and commercial areas. This case differs from OWW2 in that the Sisters' system serves commercial
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 25 OF 54
NOVEMBER 2001 PACE 12_
• 0
businesses, and all sewage treatment facilities will be on the acquired National Forest property, while only the
• effluent system would be on the land acquired by OWW2. The Sisters facilities may be as close as 100 feet
from neighboring residences. The effluent will be used to irrigate forest vegetation. This facility also treats the
effluent to a level similar to that proposed by OWW2. The main sewage pipeline crosses Squaw Creek,
compared to OWW2's need to cross the Little Deschutes River with just an effluent pipeline in Alternative B.
Construction is underway, and the Sisters' facilities are only partly operational at this time.
•
0
SUIVRIVER RESORT— In 2000 the private utility company serving Sunriver Resort completed a land
exchange with the Forest Service and acquired 375 acres of National Forest land for storage and disposal of
treated effluent. This facility has been operational for more than a year. It is an expansion of the existing
sewage treatment facilities which are located within the Sunriver Resort community, and was constructed to
increase the capacity for effluent storage and disposal. The resort's facility treats the effluent to a higher
quality so that it can be stored in the golf course ponds and used with fewer restrictions to irrigate golf courses.
Nearest residences to the effluent facilities are less than 700 feet away, but residences are within approximately
200 feet of the sewage treatment plant facilities.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 26 OF 54
NOVEMBER 2001 PAGE 13
SECTION IV. ENVIRONMENTAL EFFECTS
• Section IV evaluates the effects of conveying specific parcels of National Forest land to OWW2 and discloses
environmental effects expected as a result of each alternative. This section provides the scientific and analytic
basis for comparing alternatives. Mitigation measures and monitoring are addressed in this section.
The discussion that follows describes the expected effects from the sale and planned use of the Vandevert
parcel (Alternative B, Proposed Action), and the Section 25 parcel (Alternative Q. The effects of the No
Action alternative (Alternative A) is described first, and provides information on the existing conditions which
can also be used a baseline from which to compare effects.
EFFECTS OF ALTERNATIVE A: THE NO ACTION ALTERNATIVE
Under this alternative, there would be no sale of National Forest property to the OWW2 Sanitary District and
their Townsite Act application would be denied. There would be no development of storage ponds, irrigation
field, or other facilities on either site. The two parcels would remain as National Forest System lands, at least
for the very short-term. Since both parcels are also included in the Tract C lands of the Bend Pine Nursery
Land Conveyance Act, they would be considered for disposal under that authority in the near future. The No
Action alternative would not meet the Purpose and Need. Predicted effects of No Action are described below.
Continuing failure of individual on-site septic systems coupled with in increasing age of the District's existing
treatment facilities would result in a continued and increasing risk of contamination of groundwater in the
LaPine Basin.. OWW2 would continue to be in non-compliance with DEQ environmental regulations and
subject to civil penalties. OWW2 has shown in the Townsite Act application process that there are no other
viable options to their proposed purchase of federal land. Therefore, if the No Action alternative is selected,
the community's waste disposal and environmental situation will continue to exist and worsen over time. Only
• lots approved for sand filter systems could be developed, and only if Deschutes County would continue to
approve them. All 70 undeveloped lots in the area served by the sewer system may not be able to be built on
and connected to the sewer system in its current condition. There could be a decline in property values or
marketability for the OWW2 community and nearby areas because of a lack of an acceptable waste disposal
system and groundwater contamination.
The selection of the No Action alternative would set precedence in the central Oregon area. Denial of
conveyance of suitable land to resolve a community need would be contrary to the intent of the Townsite Act of
1958 and would be a departure from how the Forest Service and other agencies have responded in the past to
resolve similar environmental and community needs in Deschutes County. Similar projects that were approved
and federal land conveyed for sewer or wastewater purposes in southern Deschutes County include the sale of
Bureau of Land Management land to the community of LaPine, and Forest Service land to the City of Sisters
and Sunriver. BLM has also sold several hundred acres of land to the cities of Bend and Redmond for sewage
treatment and wastewater disposal, and is currently evaluating a request for additional acreage to expand the
Redmond facility.
Selection of the No Action alternative would be contrary to the goals in the Forest Service Strategic Plan and
contrary to the top priorities for the Pacific Northwest Region, as described in the August 7, 2001 Strategic Plan
for Forests and Grassland of Central Oregon. These priorities direct the Forest to do its part to clean up the
water, contribute to community vitality, and provide services and benefits for people. The No Action
alternative would be counter to these goals and priorities, especially in terms of impacts to the OWW2
community and contamination of the groundwater.
Under the No Action alternative, there would be no opportunity to make the necessary improvements to the
. existing sewage treatment and effluent facilities. Limited repairs could be made, but these would not be a
solution and would not correct existing groundwater and disposal problems. DEQ approved OWW2's facilities
plan update which proposes a collection, treatment, and disposal system, with the storage ponds and spray
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 27 OF 54
NOVEMBER 2001 PAGE 14
irrigation using the off-site National Forest location. Upgrades of existing facilities alone would not address
the inadequate effluent storage and disposal situations or solve the groundwater contamination problem.
If the decision to select the No Action alternative is made, it may be contrary to the goals and objectives of
Deschutes County's Regional Problem Solving (RPS) Project and to the January 5, 2000 Memorandum of
Understanding between the Board of County Commissioners and the Deschutes National Forest. In the MOU,
the Forest Service and County agree to "Support expansion of existing sewer systems or installation of new
systems, to help manage waste collection and disposal in an environmentally acceptable manner in order to
protect the quality of the groundwater and the Deschutes River." The MOU also states that OWW2 is "a
promising candidate to help solve groundwater issues in one area within the RPS area. It is recognized that
they are a suitable candidate to go forward with a proposal for sewer improvement and expansion, but they may
need National Forest lands to help accomplish this." The county recognizes that OWW2 is one of the
subdivisions in the south county region that has a permitted community sewage collection, treatment, and
disposal facility. Deschutes County encourages and supports the upgrading and expansion of the facility.
Selection of the No Action alternative would mean that there would be no improvement to the quality of the
groundwater. This opportunity to help reverse the trend of groundwater contamination would not be available.
The existing facilities would remain inadequate. There would continue to be insufficient storage capacity
during winter months and a risk of the existing pond overflowing. Effluent would continue to be applied above
the agronomic rate and outside the irrigation season, and the potential for the effluent to be discharged directly
or indirectly into the Deschutes or Little Deschutes Rivers would continue to exist. Contamination of
groundwater would increase and worsen over time as the facilities continue to age and deteriorate, and as more
septic systems fail:
Deschutes County has concluded that on-site septic systems are the only significant source of nitrates in the
LaPine sub -basin. However, the failure of both the existing treatment system and on-site septic systems in the
OWW2 development would continue the current trend of increasing nitrate levels in the groundwater. DEQ
groundwater quality protection rules require that all groundwaters of the state be protected from pollution.
During the winter, raw sewage is stored in the existing pond, and due to the inadequate facilities, DEQ is
concerned that this sewage might escape and contaminate groundwater. Under wet or extended winter
conditions, it is possible that the storage pond could overflow, or that the effluent, which has not been properly
treated, would have to be irrigated over frozen ground. Neither of these options are environmentally acceptable
but could be necessary to avoid an uncontrolled overflow.
Deschutes County Public Health Department has stated that the nitrate level in the OWW2 effluent is high
enough to indicate a change is needed. DEQ indicates that thus far, monitoring wells located around the
existing irrigation site have not confirmed groundwater contamination. Because of the known existing
condition of the collection and treatment facilities and the shortcomings of the storage and disposal site,
contamination is occurring from sewage leaking and seeping into the ground without being properly treated.
The quantities of nitrates in the groundwater may not be detected or known, but if entry can be prevented from
occurring, groundwater quality will be improved. Lack of evidence in nearby wells could be because of the
rapid movement of the shallow groundwater and dilution into the groundwater resource which reduce it to
undetectable levels.
Effects of the No Action alternative specific to each of the two parcels are described below.
VANDEVERT PARCEL
Effects described are expectations of what would occur during the short-term under the No Action alternative,
. and assumes the parcel would be in public ownership during that time. The effects described below for the
Vandevert parcel would also be the same under Alternative C, if Section 25 is selected.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 28 OF 54
NOVEMBER 2001 PAGE 15
LAND USE
The Vandevert parcel is approximately 240 acres in size, and is located 16 miles south of Bend and 2 miles
• south of Sunriver, in Sections 16 and 17, T. 20 S., R. 11 E., W.M. Vandevert Road forms the southern
boundary and the Burlington Northern Railroad is the eastern boundary. There is adjoining National Forest
land on the west and north sides, and part of the northwest comer adjoins private land. Oregon Water
Wonderland Unit 11 Sanitary District is located % miles to the west.
The majority -of this parcel is within Management Area 9, Scenic Views, with the remainder in Management
Area 8, General Forest, as described in the 1990 Land and Resource Management Plan (LRMP) for the
Deschutes National Forest. The goal of this designation is to provide Forest visitors with high quality scenery
that represents the natural character of central Oregon. The Land Adjustment Plan identifies this parcel in two
categories. The portion in Section 17 is within Group 3, Subgroup C1, which is defined as "Areas of mixed .
private and federal ownership". Rearrangement of ownership is permitted to benefit production goals and for
the mutual benefit of landowners. The portion that is in Section 16 is within Group 3, Subgroup A, which is
identified as "'Consolidated blocks of federal ownership that will normally be retained", although this is not
actually part of a consolidated block, according to the depiction on the LRMP Land Adjustment Plan map.
These National Forest lands can be used to acquire higher priority lands for National Forest use, and Group 3
lands have been given a "Priority 2" for use for this purpose. In Standard and Guideline LA -5, the LRMP
provides for deviations to take advantage of opportunities as they arise. General land adjustment direction for
the Deschutes National Forest includes a disposal objective to provide communities with the opportunity to
acquire lands needed for expanding community purposes, where such acquisition is consistent with National
Forest management objectives.
This parcel is considered as having lost its National Forest character and is difficult to effectively manage for
National Forest purposes. Its proximity to housing developments, railroad tracks, a major highway, and private
lands limit the effectiveness of vegetation, wildlife, recreation, and other Forest management programs.
Highway 97 and the railroad separate this parcel from the large consolidated tract of National Forest land that
lies to the east. Evidence of urban civilization, such as powerlines, railroad, unauthorized roads and trails, and
piles of household garbage are indications that this land has lost its National Forest character. Tracts such as
this become increasingly more difficult to manage as unauthorized and inappropriate use by people increase.
The Bend Pine Nursery Land Conveyance Act of 2000 recognizes the isolated nature of this area and associated
management problems and included this parcel as part of the Tract C lands identified for disposal and
conveyance into private ownership.
WATER RESOURCES
This parcel is located approximately Y2 mile east of the Little Deschutes River. There is no surface water on
this parcel, and the groundwater table is expected to be 20 to 50 feet below the surface over most of the parcel.
In the lower southwest comer, it may be only 6 to 8 feet deep. Groundwater under this parcel flows to the
northeast into the fractured and permeable lava flows of Newberry Volcano, away from the Little Deschutes
River. There would be no effects to ground or surface waters associated with or adjacent to this parcel if it is
not conveyed to OWW2.
There are no wetlands or water rights on this parcel.
WILDLIFE RESOURCES
Oregon Department of Fish and Wildlife (ODFW) has identified this area as being within a low priority
migration corridor, but the area is used by deer and elk during both winter and summer migration. The parcel
currently provides medium quality cover habitat but low quality forage habitat for both species. Under the No
Action alternative, habitat would be retained as it currently exists, allowing for movement and migration
throughout the parcel. Continued development of adjacent private lands and current trends of growth, would
make these sites more critical for migration in the future, and for providing limited hiding cover.
This site provides medium quality foraging habitat for northern goshawk, Cooper's hawk, sharp -shinned hawk,
NOVEMBER 2001 PAGE 16
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 29 OF 54
and red-tailed hawk and low to medium foraging habitat for great gray owls. Existing conditions provide
medium quality nesting habitat for red-tailed, Cooper's and sharp -shinned hawks, as well as great gray owls.
• Improvement of red-tailed hawk nesting habitat would not occur until large trees develop. - Nesting habitat for
goshawk is currently low quality but may develop within the next 20 years when the understory lodgepole
grows beneath the ponderosa pine and stand density increases.
The lack of large diameter trees provides no nesting habitat for bald eagles. Eagles have been observed to use
the Deschutes and Little Deschutes Rivers during nesting season and summer months. This alternative would
have no effect on bald eagles or eagle habitat.
This site contains the only stands of trees large enough to support osprey nests and is within % mile of the Little
Deschutes River, however, this parcel has few, if any, large diameter snags which are the preferred habitat for
osprey nests. This alternative would retain any existing nesting habitat.
The.limited numbers of snags indicate low quality nesting habitat for cavity nesters such as woodpeckers,
flickers, sapsuckers, and nuthatches. Current stand conditions provide marginal quality foraging habitat for
such species. This alternative would maintain current conditions.
Existing stand conditions favor neotropical migratory and short -distance migratory bird species that forage for
food and nest in younger forests. This parcel provides medium quality foraging and nesting habitat. Dense
thickets have little or no understory and therefore ground foragers decline or disappear until stand conditions
change and understory vegetation becomes re-established. The white -headed woodpecker, pygmy nuthatch,
and chipping sparrow are focal species in ponderosa pine, and the black -backed woodpecker in lodgepole pine.
This alternative would not change the amount of habitat available to such species although distribution would
be expected to change as existing stands mature.
There is no habitat present on or adjacent to the parcel for waterfowl or great blue heron. There would be no
effect on these species.
This parcel potentially provides medium quality foraging habitat for bats but low quality roosting habitat due to
the lack of large ponderosa pine snags, rock outcrops or caves. The close proximity of the Little Deschutes
River and larger insect population in that area increases the probability for the use of the area as bat foraging
habitat. This alternative would not affect bat habitat.
EFFECTS ON NEARBY PRIVATE PROPERTIES
The nearest housing development, along Blue Eagle Road, is approximately % mile south of the parcel and
across Vandevert Road. The nearest development to the west, Vandevert Ranch, is slightly more than''/. mile
from the parcel boundary, and Crosswater Resort is about I % miles northwest. Although private land adjoins
the northwest portion of the parcel, no developments currently exist there. If the parcel stays in public
ownership, there would be no effect on nearby properties. What, if any, effect or value this parcel may .
contribute to or diminish from the values of nearby private properties would not change.
Use by nearby residents for walking, wildlife viewing, recreational driving, dumping of household garbage, and
other activities would not change. There would be no change in existing visual characteristics of the site.
ODORS
Any non -natural existing odors common to this parcel would likely be related to vehicle exhaust from traffic on
the nearby highway or roads. The No Action alternative would not create any new odors.
RECREATION, ACCESS, AND PUBLIC USE
This parcel contains 2.3 miles of Forest Service roads and 0.3 miles of unclassified roads. The site would
remain open to public access and use under the No Action alternative. Existing use is from people living in the
general vicinity and people driving on Vandevert Road. Existing roads and trails, both authorized and
unauthorized, would continue to provide access for motorized and non -motorized vehicles as well as visitors on
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 30 OF 54
NOVEMBER 2001 PAGE 17
foot. Due to the relatively flat terrain and easy accessibility, additional unauthorized roads and trails would be
expected. The value of the site for a recreation experience would be influenced by nearby roads, Highway 97,
ID, the railroad, and the powerline, however it may provide a convenient location to visit for some people.
Illegal firewood cutting would continue. Unauthorized roads would likely be created to provide more
convenient access to wood.
Based on current trends, rural housing and resort development on private lands in the general vicinity is
expected to continue to expand and grow, potentially resulting in more people using the site. This would likely
result in an increase in the number of illegal garbage dump sites.
There are four utility right-of-way corridors located within the boundaries of this parcel that require access for
periodic maintenance or repair. There is a buried powerline and telephone cable along the north side of
Vandevert Road, a 115-kv overhead transmission line that runs north -south through the parcel, and a buried
fiber optic cable in that same area. Deschutes County was granted an easement for Vandevert Road in 1970.
There would be no change in the status of these rights-of-way or easements or their access.
SCENIC RESOURCES
Vandevert Road (Forest Road 42) is an access route from Highway 97 to National Forest recreational sites to
the west. It also provides access to residents of nearby housing areas, and to the Cascade Lakes National
Scenic Byway. According to the Deschutes National Forest LRMP, which guides management of the site as
long as it is in federal ownership, lands along Vandevert Road are identified as being within the "Slightly
Altered Landscape with Medium Level Scenic Integrity (Partial Retention, SV -2)" category. The landscape
character goal for this area is to achieve a naturally appearing landscape where management direction, Desired
Future Conditions (DFCs) and the social and ecological framework of the management area are met.
Forest stands on this parcel are currently a mixture of second growth ponderosa pine intermingled with thickets
• of similarly aged lodgepole pine. Sagebrush and grasses dominate understory vegetation. The DFC for these
stands in foreground landscapes is to maintain or create a mosaic of stands with essentially continuous tree
canopies with scenic diversity provided by natural appearing openings that resemble those found in natural
landscapes. On flat terrain similar to that found on this parcel, 300 feet from Vandevert Road would be the
distance managed for this DFC.
The next major planning effort this area would be in 2003, so there would be no obvious change in the existing
forest character of the parcel in the near future. In the longer term and without vegetation management
activities, changes would include increased stand densities of lodgepole pine and decreased sizes of openings,
resulting in gradual changes in both scenic character and integrity. DFCs for this parcel may not be met, but if
vegetation management activities are prescribed and implemented, both scenic character and integrity would be
more likely to be maintained.
HERITAGE RESOURCES
Four historic or archeological sites are located on the parcel, one of which is eligible for the National Historic
Register. Date from this site has been recovered and documented. There would be no effect on any National
Register eligible historic or archaeological sites by keeping the parcel in federal ownership.
SOIL RESOURCES
Fractured lava from Newberry Volcano underlies most of this parcel, although the extreme southwest comer
appears to have sedimentary materials. Soil depth over the lava averages approximately 3 feet, but this is
widely variable across the parcel. These soils are excessively well drained.
Current impacts to soils are primarily displacement and erosion associated with vehicle traffic on the dirt roads.
Under the No Action alternative, there would be no change to the soil resources.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 31, OF 54
NOVEMBER 2001 PAGE I$
VEGETATION
. The current timber stands are a mixed forest of predominately 50-70 year old lodgepole and ponderosa pine
with a scattering of larger overstory ponderosa pine. Lodgepole dominates the second growth stand both in
numbers and distribution. The lodgepole is primarily found in relatively dense thickets and trees of various
diameters and heights. The second growth ponderosa pine is characterized by individuals or small groups of
several trees adjacent to lodgepole pine thickets. Stands within this parcel contain a range of tree size classes
ranging from seedlings to saw timber sizes, and have a relatively open character. Understory consists of
sagebrush, bitterbrush, and native grasses.
Most timber harvest activities on this parcel occurred during the 1920's and 1930's, prior to acquisition by the
federal government in 1944. Large diameter ponderosa pine trees were harvested leaving smaller diameter
trees and lodgepole which were of little or no value. Since the initial harvest 60-80 years ago, there has been
little planned timber harvest activity within the parcel. Forty-six acres along the north boundary of the parcel
was harvested in 1992 and 1994 targeting lodgepole pine, and heavy thinning was done around residual
ponderosa pine. Timber volumes associated with this parcel are relatively low, and no timber harvest activity is
currently planned.
The primary damage agent present is gall rust in the lodgepole pine. Unless vegetation management activities
are prescribed and target infected trees, the level of infestation would be expected to slowly increase with
gradual reductions in growth rates and subsequently volume losses. The stands in this parcel are currently
below the age of susceptibility for mountain pine beetle. Existing stand conditions, particularly high stand
densities and the preponderance of lodgepole pine, increase the risk of future bark beetle attack. Without
vegetation management activities that reduce stocking levels and favor a change in species composition, these
stands would become susceptible to beetle attack within the next several decades. There would be an increase
in the risk of wildfire due to the expected fuel buildups.
Potential habitat was found for Castilleja chlorotica, a sensitive plant species. A field survey was conducted
and no threatened, endangered, or sensitive (TES) plant species were located. No habitat was identified for any
other TES plant species. Under the No Action alternative, there would be no impact to these species or their
habitats.
No noxious weeds have been identified on or adjacent to this site. This parcel has been rated as a moderate risk
in this alternative as it has several potential vectors present in the project area that could transport seeds or
weeds. Past timber harvest activity has utilized heavy equipment for skidding, loading, and hauling timber and
if future harvest is planned, would do so again. Maintenance and repair of the powerline requires periodic use
of Iarge trucks and equipment. There is also evidence (tracks and trails) of use by off-road vehicles. In
addition; both Vandevert Road and South Century Drive are likely candidates for future weed infestations due
to their heavy use by vehicles that may have traveled from areas of existing noxious weed infestations. There
would be no change in the risk level of this parcel under this alternative. A spray program to control existing
noxious weed infestations along Forest roads or roads crossing National Forest lands has been used for the past
several years, but it does not presently include this portion of Vandevert Road.
FIRE RISK AND FUELS
Fire suppression and exclusion have resulted in denser stands dominated by lodgepole pine, which is more
susceptible to damage when burned. The risk of crown fires has increased because of increased stocking levels
and the development of ladder fuels. The lack of vegetation management activity on most of the parcel has
retained the moderate to high risk of wildfire and of crown fires by retaining high stand densities and ladder
fuels. The lack of harvest activity over the next one to two decades would result in an increased risk of both
wildfire and the occurrence of crown fires.
. Heavy fuel loadings associated with increased mortality due to normal stand development processes and
potentially from insect attack, would be expected to increase the risk of a catastrophic wildfire. Risk to nearby
developments, including houses, would 'increase.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 32 OF 54
NOVEMBER 2001 PAGE 19
With no conveyance and no change in management, there would be no immediate change in fuel loading or risk
of wildfire. The increasing development of nearby private properties could increase the potential loss of
. structures and personal property, and an increase in public use could increase the risk of a human -caused
wildfire occurring. However, the risk of damage or loss to residences is relatively low given that there are none
immediately adjacent to the parcel. This parcel would contribute to increasing the overall fire risk of the
general area, but other larger tracts of nearby National Forest and private lands would have a greater influence.
GEOLOGY AND MINERALS
As there are no known mineral, oil, gas, or geothermal resources associated with this parcel, there would be no
effect on those resources under any alternative. These would not contribute to the value or use of the parcel.
SECTION 25 PARCEL
Effects described are estimates of what would occur during the short-term under the No Action alternative, and
assumes the parcel would be in public ownership during that time. This parcel was included in the recent Klak
Planning Area environmental assessment, and no new management activities were proposed for this parcel.
The effects described below for the Section 25 parcel would also be the same under Alternative B, if the
Vandevert parcel is selected.
LAND USE
The Section 25 parcel is 520 acres in size, and is located approximately 18 miles south of Bend and 4 miles
south of Sunriver, and is described as T. 20 S., R. 10 E., Sec. 25, E %i , E /2W %h , SW '/4 SW '/.. South
Century Drive and Foster Road go through the property. Private lands surround the parcel, except for the
southwest corner, where it adjoins other scattered National Forest land. Oregon Water Wonderland Unit II
Sanitary District is located directly to the northeast, and shares a comer with this parcel.
• The National Forest lands in Section 25 are within Management Area 8, General Forest, as described in the
1990 LRMP. The goal for management of these lands is to emphasize timber production while providing other
resources and recreational opportunities for public use and enjoyment. The objective is to have managed stands
of timber in a variety of age classes. The Land Adjustment Plan identifies the parcel as being in Group 3,
Subgroup C1, which are "Areas of mixed private and federal ownership". Rearrangement of ownership will be
permitted to benefit production goals and for the mutual benefit of landowners. Group 3 lands have been given
a "Priority 2" to be used to acquire higher priority lands. Standard and Guideline LA -5 states that it may be
necessary to deviate from this ranking in order to take advantage of opportunities as they arise. General land
adjustment direction for the Deschutes National Forest includes a disposal objective to provide communities
with the opportunity to acquire lands needed for expanding community proposes, where such acquisition is
consistent with National Forest management objectives.
The Section 25 parcel is isolated from other National Forest land and nearly completely surrounded by private
lands and rural housing. Foster Road goes through the property and is used by the public to access homes and
other National Forest lands. A number of management problems resulting from the isolated nature of the parcel
are evident, and include encroachments and trespasses from adjoining private lands, illegal woodcutting,
unauthorized roads and trails, and dumping of household garbage. This parcel is considered to have lost its
National Forest .character, and is difficult to effectively manage for Forest Service purposes. It may not be
evident to the casual visitor that this is National Forest land.
The Bend Pine Nursery Land Conveyance Act of 2000 recognizes the isolated nature of this area and associated
management problems and included this parcel as part of the Tract C lands identified for disposal and
conveyance into private ownership.
. This parcel is adjacent to but not within the designated boundary of the Upper Deschutes Wild and Scenic
River corridor.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 33 OF 54
NOVEMBER 2001 PAGE 20.
There is a discrepancy in the boundary location for the west side of this property. This discrepancy is tied to a
. larger landline and survey issue and is currently being investigated. Once this is resolved, the west boundary
will be surveyed and re -posted. Estimates indicate the exact boundary location may vary by 10 to 20 feet.
WATER RESOURCES
This parcel is located between the Deschutes and the Little Deschutes Rivers. The Deschutes River is '/< to h
mile to the north and west of the parcel, and the Little Deschutes River is approximately % miles east.
Preliminary soil studies indicate that depth to groundwater varies over the parcel, depending on soil and
variations in the terrain. On the east side of the parcel, the water table comes close to the surface in the spring
(when the water table is at its highest), but on the west side, the groundwater stays below 30 inches. Studies
indicate that over much of the parcel, including the west portion, the depth to water ranges from 30 inches to
greater than 5 feet. Over the remaining portion, including the easternside, the depth to groundwater is 12 to 30
inches, with groundwater being closest to the surface in low spots in the terrain. Groundwater on this parcel
flows to the Deschutes or Little Deschutes Rivers.
There are no streams or other surface water on this parcel, but a small wetland area approximately 7 acres in
size is located in the northwest portion of the parcel where the water table is at or within inches of the surface a
significant portion of the year. This wetland is associated with an old meander of the Deschutes River. Five
small ponds, including one approximately 2 acres in size, were illegally dug in the wetland area. The Forest
Service is investigating and may require that the site be restored to an acceptable condition.
There would be no effects to ground or surface waters associated with or adjacent to this parcel if it remains in
federal ownership. Housing developments in areas of shallow groundwater in southern Deschutes County have
created a regional risk and concern about contamination of groundwater and shallow domestic wells from on-
site septic systems. If the No Action alternative is selected, then the portion of the contamination problem that
. could be attributed to OWW2 would continue to occur and worsen. There would be no opportunity for
improvement to the groundwater resources.
There are no water rights on this parcel.
WILDLIFE RESOURCES
This parcel has been identified by ODFW as a high priority deer migration corridor, and provides a migration
route for deer and elk through an area that is increasingly becoming more urbanized and developed. It provides
a relatively large undeveloped area that the animals can use between residential areas. The area is used by both
species during winter and summer migration as they travel to and from the higher National Forest lands.
Although the area is fairly open, this parcel provides high quality hiding cover for both deer and elk. It also
provides high quality forage habitat for deer but only medium quality forage habitat for elk. Under the No
Action alternative, habitat would be retained as it currently exists, allowing dispersing animals to move and use
the area for migration. Hiding cover for the animals would be retained where it currently exists. Expanding
development of surrounding and nearby private lands, based on recent trends, make this site more critical for
deer and elk migration into the future.
Due to the structure and condition of the timber stand, this site provides medium quality foraging habitat for
northern goshawk, Cooper's hawk, sharp -shinned hawk, and red-tailed hawk and low to medium quality
foraging habitat for great gray owls. Existing conditions provide low quality nesting habitat for Cooper's and
sharp -shinned hawks and low to medium quality nesting habitat for great gray owls. Conditions for these
species and activities would remain. Nesting habitat for red-tailed hawks is either non-existent or is of low
quality. Nesting habitat and improvement in the quality of existing habitat would be limited unless larger
diameter trees are present. Due to the lack of large ponderosa pine trees, there is no nesting habitat for northern
goshawk. Development of nesting habitat may not ever occur due to the relative lack of ponderosa pine trees.
The young, small diameter lodgepole pine dominating this site provides no nesting habitat for bald eagles.
Proximity to both the Little Deschutes and Deschutes River provides suitable foraging habitat and eagles have
been observed to use the Deschutes and Little Deschutes during nesting and summer months. This alternative
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 34 OF 54
NOVEMBER 2001 PAGE21
•
would have no affect on bald eagles or eagle habitat.
• The limited numbers of snags provide low quality nesting habitat for cavity nesters such as woodpeckers,
flickers, sapsuckers, and nuthatches. Cunrnt stand conditions provide medium quality foraging habitat for
such species. This alternative would not affect current conditions.
Existing stand conditions favor neotropical migratory and short -distance migratory bird species that forage for
food and nest in younger forests. This parcel currently provides marginal quality nesting habitat and high
quality foraging habitat for these species. The black -backed woodpecker is the only focal species of interest in
lodgepole pine. This alternative would not change the amount of habitat available although distribution would
be expected to change as existing stands continue to develop.
There is no habitat present on or adjacent to the parcel for waterfowl, osprey, or great blue heron.
This parcel potentially provides medium quality foraging habitat but low quality roosting habitat for bats due to
the lack of suitable ponderosa pine snags, rock outcrops or caves. The close proximity of the Deschutes and
Little Deschutes Rivers increases the probability for the use of the area as bat foraging habitat, because of the
larger insect population. This alternative would not change the amount of habitat available or its use.
If this parcel remains in public ownership, there would be no immediate effects or changes to wildlife species
or habitat.
EFFECTS ON NEARBY PRIVATE PROPERTIES
With the exception of a quarter mile section along the southwest boundary, this parcel is surrounded by private
lands and developments. Oregon Water Wonderland Unit I borders on the west, Deschutes River Recreational
Home Sites development is to- the north, Pinewood Estates is to the south, and other residences are to the east.
•The southwest comer of OWW2 shares a common comer with the northeast comer of the Section 25 parcel.
On the east and west sides, residences are adjacent to the property boundary. If the Section 25 parcel remains
in public ownership, there would be no effect on nearby properties. What, if any, value this parcel may
contribute to or diminish from the values of nearby private properties would not change.
Use by nearby residents for walking, wildlife viewing, recreational driving, dumping of household garbage, and
other activities would not change. There would be no change in existing visual characteristics of the site.
ODORS
Any non -natural existing odors common to this parcel would likely be related toadjacent
awn Would not
developments, such as wood smoke or vehicle exhaust. Retaining this property P
create new odors.
RECREATION ACCESS AND PUBLIC USE
This parcel contains 1.7 miles of Forest Service roads and 2.3 miles of closed roads. The site would remain
open to public access and use. Existing roads and trails, both authorized and unauthorized, would continue to
provide access for motorized and non -motorized vehicles as well as visitors on foot. Roads and trails that have
been obliterated, barricaded, and closed by prior management activities would be expected to continue to be
used and re -opened by off-road or 4 -wheel drive vehicles. New trails or roads may also be created given the
flat terrain and ease of access from adjacent properties and existing roads.
Discussions have occurred between the Deschutes National Forest and Deschutes County regarding the transfer
of Foster Road to county ownership and maintenance, and it is expected that road jurisdiction will transfer to
the county at some point in the future. Whether in county or National Forest ownership, Foster Road would
. remain open to the public and for access to National Forest lands to the southwest.
Trespass and illegal use, including firewood cutting and dumping of garbage, occurs on the parcel. Some
encroachments are found along the boundary with private land. There is a question about the precise location
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 35E OF 54
PAGE ZZ.
NOVEMBER 2001
of the property boundary along the west side due to a discrepancy in the cadastral survey, and this has not yet
• been resolved. Several small ponds have been dug without authorization on National Forest land in the
northwest part of the parcel. If the property remains in public ownership, the Deschutes National Forest would
correctly establish and post the boundary, and take action to have any encroachments resolved.
Continuing development around and near the parcel would be expected to result in an increase in the number of
people using the site to recreate, watch wildlife, or value the site as open space. An increase in the number of
illegal dump sites or other unauthorized uses would also be expected.
There are three utility corridor rights-of-way located on this parcel. One is for an overhead powerline that
crosses South Century Drive near the northeast comer of the parcel, the second is for another overhead
powerline along Seevers Road in the northwest comer, and the third is for a buried telephone cable also along
Seevers Road. Deschutes County currently has easements for County Road 42 (South Century Drive) and for
Seevers Road (along the northwest boundary), both granted in 1987. There would be no changes in the status
of these rights-of-way or easements, or their access.
SCENIC RESOURCES
South Century Drive, which goes through the north portion of the parcel, provides access to the Cascade Lakes
National Scenic Byway. According to the Deschutes National Forest LRMP, lands along South Century Drive
are within the "Slightly Altered Landscape with Medium Level Scenic Integrity (Partial Retention, SV -2)"
category. The landscape character goal for this area is to achieve a naturally appearing landscape where
management direction, Desired Future Conditions and the social and ecological fiamework of the management
area are met. This allocation is divided into two categories: Immediate Foreground which is 300 feet from
South Century Drive on either side; and Foreground, which extends from 300 feet to %2 mile from the road on
either side. On flat terrain such as is present on this parcel, practice has been to consider the Immediate
is
Foreground as the applicable viewing distance.
The remainder of this parcel is in the M8, General Forest management allocation. The scenic quality standard
for this allocation is "Altered Landscape with low Scenic Integrity." This would allow the application of a
range of timber harvest activities including large clearcuts. Current practice favors retention of residual trees
providing a less abrupt visual change.
Forest stands on this parcel are currently dominated by second growth lodgepole pine. There are few scattered
individual second growth ponderosa pine intermixed in the lodgepole clumps and thickets. Openings created
by old skid roads, access roads and unauthorized roads and trails separate and bisect clumps and thickets of
trees. Regenerating lodgepole pine, grasses, and to a lesser extent, sagebrush, are invading landings, roads and
skid trails.
This parcel was included in the 2001 Klak Planning Area environmental assessment. No activities were
identified or planned during that effort, so no vegetation management to help achieve the DFC would be
conducted if this parcel remains in National Forest ownership.
Under the No Action alternative, there would be no change in the existing management or forest character of
the parcel. Under natural processes, stand densities of lodgepole pine would increase resulting in gradual
changes in both scenic character and integrity. DFCs for this parcel may not be met unless vegetation
management activities are prescribed and implemented.
HERITAGE RESOURCES
There are no National Register eligible historic or archeological sites located on this parcel. Two very small
lithic sites were identified during survey work for previous timber harvest activities, and neither were
determined to be eligible for the National Historic register. Cursory surveys of selected areas within the parcel
. were performed to validate assumptions that no other sites were present. No additional cultural resources were
located or identified. There would be no effect on any National Register eligible historic or archaeological
sites.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 36 OF 54
NOVEMBER 2001 PAGE 23
• 0
SOIL RESOURCES
Soils in this parcel are sedimentary associated with the damming of the Deschutes River by lava flows from
Newberry Volcano. This parcel contains four broad soil mapping units, including a small area of wetland soils.
Most of the parcel has soils that are well drained. The ground is nearly level, stone free, and with no bedrock
within 10 feet of the surface.
Current impacts to soils are primarily displacement and erosion associated with vehicle traffic on existing dirt
roads. There would be no change to the soil resources under the No Action alternative, and any impacts to the
soil resource }torn existing uses and activities would continue.
VEGETATION
Forest stands here are dominated by second growth lodgepole pine. There are few scattered individual second
growth ponderosa pine intermixed in the lodgepole clumps and thickets. Forest cover in this parcel is
fragmented into clumps and thickets of dense lodgepole pine by trails, skid roads, old forest roads, and newer
roads and trails created by the public. These are further augmented by openings, such as old landings. The
understory of sagebrush, bitterbrush, and native grasses has been supplemented by non-native species. Tree
regeneration, where present, is lodgepole. Timber volumes associated with this stand type and species are
relatively low, and no timber harvest activity is currently planned.
The parcel is fairly open, but where timber exists the stands are predominately 50-70 year old lodgepole pine
with a very small component of similarly aged ponderosa pine. There are some larger diameter lodgepole pine
and a range of size and age classes including seedlings. Most timber harvest activities occurred during the
1920's and 1930's, prior to acquisition by the federal government in 1938. In most cases, all ponderosa pine
trees were harvested leaving smaller trees and lodgepole which were of little or no value. Timber sales in 1987,
1988, and 1998 harvested trees on nearly 200 acres. Because of the lack of ponderosa pine, harvests targeted
overstory lodgepole pine and included thinning of the younger and smaller lodgepole pine.
The primary damage agent is gall rust in the lodgepole pine. Unless vegetation management activities are
prescribed and target infected trees, the level of infestation would slowly increase, with gradual reductions in
growth rates and subsequent volume losses. The stands here are currently below the age of susceptibility for
mountain pine beetle. Existing stand conditions, particularly high stand densities, the dominance of lodgepole
pine, and the presence of older larger lodgepole pine, increase the risk of future bark beetle attack. Without
vegetation management activities, these stands would become susceptible to beetle attack within the next
several decades, and there would be an increase in the risk of wildfire due to fuel buildups.
A field survey was conducted to identify habitat or the presence of threatened, endangered or sensitive plant
species. The site is highly disturbed, and therefore it was determined that habitat did not exist. There would be
no impact to any TES species or their habitats in this alternative.
There is a known population of spotted knapweed on Seevers Road at the northwest boundary of the parcel.
There is a seedbed of knapweed along South Century Drive as it passes through this parcel, and there are heavy
infestations of spotted knapweed in the vicinity of the OWW2 community. This parcel has been rated as a high
risk for noxious weeds due to a combination of factors that either currently exist or could exist, including the
use of off-road vehicles, the use of heavy equipment, known weeds in or adjacent to the project area, and
operations in or adjacent to weed populations. These factors increase the potential for seeds and weeds to be
transported to the site. There would be no change in the risk level of this parcel under the No Action
alternative. A spray program to control noxious weed infestations along Forest roads or along roads crossing
National Forest land has been used for the past several years and would continue.
FIRE AND FUELS
Fire suppression and exclusion have resulted in denser stands and domination of stands by lodgepole pine,
which is more susceptible to damage or mortality when burned. The lack of vegetation management activity on
most of the parcel has retained the moderate to high risk of wildfire and crown fires by retaining high stand
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 37, OF 54
NOVEMBER 2001 PAGE 24_
densities and ladder fuels. The lack of timber management activity over the next two decades would result in
an increased risk of both wildfire and the occurrence of crown fires.
Under continued federal ownership, there would be no immediate change in fuel loading or the risk of wildfire.
The trend of increasing development of adjacent private properties coupled with the expected increase in use
could increase the risk of a human -caused wildfire occurring.
Fuel loadings associated with increased mortality due to normal stand development processes, and potentially
from insect attack, would be expected to increase the risk of wildfire. Risk to adjacent developments, including
houses and other physical improvements would increase. The risk of damage or loss of high value resources,
particularly residences, is relatively high given the numbers of residences in close proximity to this parcel, and
this risk would remain high.
GEOLOGY AND MINERALS
As there are no known mineral, oil, gas, or geothermal resources associated with this parcel, there would be no
effect on those resources under any alternative. These would not contribute to the value or use of the parcel_
EFFECTS OF ALTERNATIVE B, PROPOSED ACTION:
VANDEVERT PARCEL
Under this alternative, 240 acres would be conveyed by sale at market value to the OWW2 Sanitary District.
Approximately 20 acres would be cleared to construct three lined storage ponds with a surface area of
approximately 15 acres. The remaining five acres would include the berms around the ponds, access roads and
a maintenance facility. Approximately 90 additional acres would be cleared and used for a center pivot
irrigation system and grass hay field. The remainder of the parcel would be left in a forested condition and
would serve as buffers. (Refer to Alternative B Map.) Facilities would be set back 300 feet from Vandevert
Road. Ponds would be fenced with chain link, and there would be a 3 -strand smooth wire fence around the
perimeter of the parcel. Predicted effects are described below.
LAND USE
After the parcel transfers into private ownership, it would no longer be under the jurisdiction of the Forest
Service or managed in accordance with the Deschutes National Forest's 1990 LRMP. Instead, it would be
under the jurisdiction of local agencies, and would need to conform to state and county regulations, conditions,
and zoning. Uses would need to comply with all applicable regulatory requirements to ensure the environment
is not adversely affected. 'In particular, DEQ and Deschutes County would have regulatory jurisdiction over the
property and the planned facilities.
Once in private ownership, local zoning and taxation would apply. According to information from Deschutes
County, the Vandevert parcel would be zoned Forest Use Zone F-1. Farm nse,mmarigatzd bay crop
operation would be, is included in the list of uses permitted outright. Reservoirs and water impoundments,
which may include the pond structures, are listed as conditional uses permitted. Siting a sewage treatment plant
would require an amendment to the county's comprehensive plan and zone change. However, since the sewage
treatment plant would continue to be located on the OWW2 property and only the wastewater storage and
disposal will be on the new parcel, it may be considered as a conditional use.
If the property is conveyed to OWW2 before the wastewater facility is constructed, a discretionary land use
review would likely be required by the county. The county would evaluate the need and options, and their
. findings would include whether any other options were available. This process is similar to the Forest
Service's NEPA and Townsite Act processes, in that they also have to identify whether private or other public
land options exist. The county indicates they cannot review the OWW2 proposal in detail until they receive an
application from OWW2. However, OWW2 cannot submit an application until they have a decision from the
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 38 OF 54
NOVEMBER 2001 PAGE 25
Forest Service approving the conveyance of a specific parcel of land. OWW2 has been working with the
•county and has an MOU with Deschutes County which states that the county agrees to "Assist the District in its
planning efforts and completion of land use applications to allow the expanded sanitary facility."
If the Forest Service issues a special use permit to OWW2 to authorize construction of the facilities while still
in public ownership and later conveys the land, Deschutes County has indicated they would accept the facility
without further review because it would be an existing use. This would be similar to what occurred for
Sunriver Resort, two miles to the north, when the Forest Service authorized their wastewater facilities to be
constructed in 1997 and later conveyed the land to Sunriver Resort in 2000.
WATER RESOURCES
Elimination of the on-site septic systems coupled with the upgrading of the sewage collection and treatment
facilities at OWW2 would reduce the amount of contaminants, especially nitrates, entering the regional
groundwater. Although the current rate or amount of contamination is not known, it is known that the existing
systems are not acceptable. Removal of this source of contamination will improve the groundwater quality in
the local vicinity and in the greater southern Deschutes County region. Overall, groundwater quality would be
improved and the risk of contaminating any shallow domestic water wells from existing and failing systems at
OWW2 would be greatly reduced or eliminated.
All solids would be removed from the sewage and treated on the existing OWW2 property. Only the
wastewater would be transported by pipeline to the Vandevert parcel for temporary storage, natural aerobic
treatment, chlorination, and irrigation. During irrigation, the vegetation would utilize the nitrates and other
nutrients for plant growth. The effluent would act as an enriched water supply and fertilize the growing plants.
The water would be applied at or below agronomic rates, which means at or below the rate that the plants can
take up the nitrates. The effluent would provide an estimated 50 percent of the nitrogen needs of the plants and
application of a commercial fertilizer to meet the needs of the crop would be needed. This is no different than
• applying the proper amount of fertilizer to a golf course or lawn. No nitrates would be expected to pass below
the root zone or into the groundwater.
Treated effluent would be piped approximately 2%z miles from the OWW2 property to the Vandevert parcel.
The plans include installing a pipeline within existing public rights-of-way along roads and across the Little
Deschutes River, as easements to cross private land could not be obtained. The pipeline would be encased and
constructed to standards that would minimize risk of a break.
The effluent would be treated to the State of Oregon's Level U standards as defined by Oregon Administrative
Rules. The state DEQ regulates and restricts the use and application of treated effluent. Level H effluent may
be used to irrigate agricultural crops during the growing season, which is approximately May through October.
Lined storage ponds would have the capacity to store at least six months of effluent outside of the growing
season.
Expansion of the treatment capacity for OWW2 would eliminate the discharge from many failing or problem
on-site septic systems by connecting those residences to a new upgraded system. -Crivcn the level of treatment
and nitrate levels of the effluent, the risks of contamination to domestic water sources, the local aquifer, or the
Little Deschutes River would be eliminated. Design of the facility, distance from domestic wells and rivers,
depth to the groundwater table, and the fact that the groundwater flows northeast toward National Forest lands
all contribute to essentially eliminating any potential risk.
WILDLIFE RESOURCES
This alternative would remove 110 acres of medium quality hiding cover and low quality forage currently
utilized by deer and elk for migration. Approximately 90 acres of improved forage would be created with the
conversion to an irrigated crop. Loss of cover and human activity at the facility may deter big game animals
from using that immediate area when people are present. However, the grass crop and restricted public access
to the property would provide improved forage and an overall decrease in human activity, which would tend to
lead to an increase in elk and deer use.
NOVE EBERZD81 "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 3PAGE2b 4
State regulations require posting of signs and fencing to notify or limit public access at the facilities. OWW2
would fence the parcel with a 3 -strand smooth wire fence. The height of the top wire would not exceed 40
inches, and the bottom wire would be at least 18 inches above the ground to allow wildlife passage. Most of
the fence would be located on the property boundary, but along Vandevert Road it would be set back 100 feet
from the road. Signs will indicate that public access is limited and by permission only. A 6 -foot chain link
fence would be constructed around the storage ponds and maintenance building. The chain link fence would
cause minimal disruption to both deer and elk, given the small area involved.
This is not a high priority deer or elk migration corridor as identified by either ODFW or Deschutes County.
Some short-term disruption of existing migration routes and displacement of animals would be expected during
construction of the facilities. Approximately 130 acres of existing dispersal and hiding habitat for both deer
and elk would be retained, and existing patterns of use for both migration and hiding cover would remain.
Continued development of adjacent private lands would make this site more critical for migration in the future
in addition to providing limited hiding cover. Even though it would not have the natural forest vegetation, the
parcel would retain an open space landscape.
This alternative would remove approximately 110 acres of existing foraging habitat potentially used by great
gray owls and hawk species. However, conversion to an irrigated hay field area would result in an increase in
the rodent population that would provide approximately 90 acres of foraging habitat for red-tailed hawks and
great gray owls, improving the foraging quality of the site for these species that prefer more open foraging
areas.
Approximately 110 acres of medium quality nesting habitat for great gray owls and Cooper's and sharp -shined
hawks and low quality habitat for goshawks would be removed for siting of the ponds, irrigation field, and
facilities. Any existing habitat would be retained over the remaining 130 acres. Implementation of Alternative
40 B would not cause a significant reduction of the hawks, great gray owls, or their habitat in this area or across
the Deschutes National Forest. There would be no loss of bald eagle nesting sites, as none are present.
The effluent storage ponds would attract blue heron and waterfowl, and pond vegetation and algae would
provide a new foraging area for these birds. Waterfowl are prey for eagles, so this would also create a new
foraging area for eagles that are using the Deschutes River corridor. Although there are no known osprey nest
trees, remaining stands would still provide potential future nest sites.
This alternative would also remove approximately 110 acres of marginal foraging habitat for cavity nesters
such as woodpeckers, flickers, sapsuckers and nuthatches and any unknown nest sites from these acres. The
storage ponds would provide an added water source and potentially attract neotropical migratory bird species.
The remaining 130 acres would continue to maintain habitat for these species.
There would be little or no loss of existing roosting habitat for bats. The water in the storage ponds would
attract flying insects and provide new foraging habitat for bat species.
There would be no adverse effect on any of the 11 Region Six sensitive wildlife species.
The irrigated grass field and storage ponds would improve habitat for some species of wildlife, including deer,
elk, waterfowl, and other birds. This could provide opportunities for wildlife viewing to people traveling in the
area. Additionally, OWW2 would have the option of managing the 130 acres of the remaining forested area to
improve habitat for various wildlife species.
EFFECTS ON NEARBY PRIVATE PROPERTIES
This site was proposed in the Townsite Application, in part, because of its distance away from homes and
developed private lands. The closest housing development, along Blue Eagle Road, begins approximately
mile south of the parcel, across Vandevert Road. Proposed areas of no development and setbacks along
Vandevert Road would increase the distance from the boundary of the subdividision to the proposed facility to
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 40 OF 54
NOVEMBER 2001 PAGE 27
•
approximately %2 mile. The Vandevert Ranch subdivision is about '/+ mile west of the parcel. There is
undeveloped private land adjoining the northwest comer, but no facilities are planned for the 40 acres in that
comer of the parcel. The closest developed private land to the northwest is Crosswater Resort, approximately
I % miles away. Sunriver Resort begins about 1 %2 miles to the north. Oregon Administrative Rules (Chapter
340, Division 55) require a buffer of 70 feet from irrigation spray areas.
Similar facilities have been constructed in LaPine and Sunriver, and another is being constructed in Sisters. In
Sunriver, the 18 -acre effluent storage pond is within 150 feet of Cottonwood Road and less than''/. mile from
private residences, although the property adjoins private land and homes. The sewage treatment plant for
Sunriver Resort is located within the Sunriver community, adjacent to private homes and a golf course.
There is no evidence or experience to suggest or demonstrate that homes or developments on nearby private
properties would be adversely affected or that property values would decline because of this type of facility.
ODORS
Irrigating with treated effluent would not create odors. Properly treated wastewater does not have objectionable
odors. As long as the ponds are operated and maintained in a manner which ensures that aerobic bacteria are
allowed to thrive, any organic materials would be converted in the ponds and the resulting treated effluent will
be clear and odor free. A mechanical aerator would be used to ensure sufficient aeration.
Odors from sewage treatment are generally associated with raw sewage, primary treatment, septic tanks, and
the solid matter, none of which would be on the Vandevert parcel. The raw sewage and solid material would be
treated and held at facilities on the OWW2 property. Once treated, solid material and sludge would be disposed
of at approved facilities or, because of the high organic content, converted into fertilizer or soil enhancers. No
sludge or other solid matter would be disposed of on this parcel. Only the effluent would be stored and applied
• on the parcel to be conveyed.
When properly managed, effluent ponds use natural aerobic bacteria processes (in the presence of oxygen) to
treat the organic particles in the effluent. Odors can develop when anaerobic conditions (without oxygen) are
created and the aerobic bacteria are removed or killed. Improper design, poor operating conditions, lack of
monitoring, or long-term freezing of ponds and lack of circulation, may create such conditions. OWW2's
facilities would operate under the conditions and requirements listed in the operating permit issued by DEQ.
Sampling, monitoring, and DEQ oversight would ensure that the facility is properly maintained and operated.
A certified technician would operate and monitor conditions of the storage ponds and facilities.
RECREATION ACCESS, AND PUBLIC USE
State regulations require posting of signs and fencing to notify and limit public access at the facilities. There
would be signs indicating that public access, especially vehicle access, is limited and by permission only.
Most of the 2.6 miles of existing roads would be closed and possibly obliterated to discourage trespass. The
exception would be the powerline access road, which would be gated to allow access by utility companies.
Some vehicle access for maintenance and operations would be needed at the faciMfies.
The change from public to private ownership and the restrictions on public access would reduce or eliminate
illegal firewood cutting, dumping of household garbage, and other unauthorized activities that currently take
place. There may be interest from nearby residents and others to watch wildlife on the parcel, especially if
birds are attracted to the site.
SCENIC RESOURCES
Buildings and other similar intrusive structures would-be kept to a minimum, as only a small maintenance
. building is planned. The ponds and irrigated hay field would change the forest landscape to a more agricultural
setting. The remainder of the property would remain treed and in natural vegetation, and would still provide a
sense of open space and rural landscape.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 41 OF 54
NOVEMBER 2001 PAGE 28
• There would be little visual impact from the facilities. Screening (buffers of undeveloped land retained in the
forest landscape) is planned between Vandevert Road and the facilities to protect and retain visual qualities and
characteristics. No facilities would be located within 300 feet of Vandevert Road. The proposed development
would have little or no effect on scenic quality, integrity, or landscape character. LRMP standards and
guidelines and the desired future condition would be met, even though it would no longer be under Forest
Service management. Local requirements and zoning restrictions for visual management would also be met.
Buffers are also proposed for the east, north and west boundaries. Widths would vary from approximately 70
feet on the east to approximately '/. mile on the west. These locations have limited scenic views and are not
readily seen by motorists passing by.
Deschutes County zoning for this parcel would be F-1 Forest Zone which wouldgovern the types and limits of
development allowed. Because this parcel is adjacent to a tour route, Deschutes County would require a 100 -
foot buffer along the road to help maintain the visual character of the area.
HERITAGE RESOURCES
Sale of this parcel would have no effect on any National Register eligible historic or archaeological sites. Sites
have been documented, recorded, and permanent records maintained by the Deschutes National Forest.
SOIL RESOURCES
Soils in this parcel are excessively well drained and far above the water table. Although it is widely variable,
bedrock lava is within an average of 3 feet of the surface, and could cause excavation to be more difficult,
depending on the conditions at a particular location.
Application rates of the treated effluent coupled with the application rates of commercial fertilizer would be at
• rates at or less than what the grass hay crop can take up. There would be no increase in nitrate levels in the soil
beyond the root zone, and no nitrates would reach the groundwater.
Reduction in the amount of dirt roads and restrictions on public access would reduce the soil displacement and
erosion associated with vehicle traffic.
VEGETATION
Construction of the storage ponds, maintenance building and hay field would result in the removal of
approximately 110 acres of existing timber and forest vegetation and the conversion to an agricultural
landscape with grass hay production. There would be no change in the conditions in the remaining 130 acres
and stocking levels would continue to increase with an eventual corresponding increase in mortality associated
with denser stands. OWW2 would have the option of managing the timber resource to create a healthier forest.
Any timber value from existing trees will be included in the valuation of the parcel. Restriction on public
access would reduce the likelihood of illegal firewood cutting on this parcel, but could displace this activity to
other public lands.
A preliminary field reconnaissance of the parcel identified habitat for Castilleja chlorotica, a sensitive plant
species. However, field surveys found no TES species on this parcel, and there would be no direct, indirect or
cumulative effects expected to these species.
Although no noxious weeds have been identified on or adjacent to this parcel, it has been rated as a moderate
risk for weeds. Construction equipment may move through or park on sites with infestations of spotted
knapweed found along South Century Drive or at OWW2 and transport seeds to other disturbed sites along
. South Century Drive, Vandevert Road, or onto the parcel. Heavy equipment would be used during construction
and to clear the area for the hay field. These activities would disturb and displace soil and create potentially
suitable conditions for the establishment of new weed populations. Weed control and maintenance of the
landscape in and around the facilities and the hay crop, would eliminate any unwanted vegetation including
noxious weeds. The reduction in public access would also limit the transport of new seeds to the parcel.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 42 OF 54
NOVEMBER 2001 PAGE 29
Requiring construction vehicles and heavy equipment to be washed prior to entering or leaving the project area
would reduce or eliminate the potential of spreading weed populations to new areas. Spraying known
populations prior to starting construction would also help to reduce or eliminate the risk of spread by reducing
the potential for transporting seeds or plant parts to new locations.
FIRE AND FUELS
This alternative would remove timber and shrub vegetation from approximately 110 acres. Ninety acres would
be converted into an irrigated grass hay field with a center pivot irrigation system and 15 acres would have
effluent storage ponds. Development of the facilities would provide fuel breaks and fuel type changes which
would help minimize fire risk and intensity.
Grasses and shrubs in the forest cure quickly and fires tend to quickly spread when ignited. Providing fuel
breaks and changes in vegetation, such as an irrigated field, would help to limit the rate of spread and provide
opportunities for more rapid control. The effluent ponds would also provide an emergency water source, if a
fire occurs nearby.
Limiting public access would reduce the number and type of ignition sources that could result in a wildfire.
OWW2 would have the option to manage the remaining forest areas on the property to improve forest health
and further reduce fire risk.
MITIGATION MEASURES AND MONITORING
No mitigation measures or monitoring requirements have been identified as being necessary for the Forest
Service to require. Any requirements imposed by the Forest Service would likely have to be in the form of
deed restriction, and none were determined to be needed. Forest Service policy limits using deed restrictions or
encumbrances in land conveyances.
is The facility plan and project design proposed by OWW2 incorporates many features to make the project more
compatible with the local environment and surrounding landscape. These include setbacks from the road, use
of smooth wire fencing, posting of signs, retaining forest landscape where no facilities are planned, and
providing buffer areas between adjacent lands.
Monitoring would be accomplished through established DEQ and county processes including permitting,
monitoring, and reporting. State and local regulations, zoning, and requirements for operation and maintenance
of the facilities would ensure that the project construction and operation meets or exceeds all standards.
EFFECTS OF ALTERNATIVE C: SECTION 25 PARCEL
Under Alternative C, 520 acres of National Forest land would be conveyed by sale at market value to the
OWW2 Sanitary District. Approximately 20 acres of the property would be used forplacx-neni oft lined
storage ponds with a total area of approximately 15 surface acres, access roads, and a maintenance building.
Approximately 95 acres would be used for two center pivot irrigation systems and hay fields, one
approximately 80 acres and the second approximately 15 acres in size. The facilities would be located on the
western portion of the parcel, where there is deeper groundwater and more suitable soil conditions. Facilities
would be set back 300 feet from South Century Drive, and approximately 200 feet from Foster Road. Ponds
would be fenced with chain link, and the perimeter would have a 3 -strand smooth -wire fence. No facilities
would be developed in the 40 acres located in the SW'/. SW'/. of the section, nor would any development occur
in the 7 -acre wetland area in the northwest portion. (Refer to Alternative C Map for locations of the facilities.)
The natural forest vegetation would be left on approximately 405 acres which are not needed for facilities, and
would serve as buffers between the facilities and adjacent lands. Predicted effects of this alternative are
described below.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 43 OF 54
NOVEMBER 2001 PAGE 30-
LAND USE
• Auer the parcel transfers into private ownership, it would no longer be under the jurisdiction of the Forest
Service or managed in accordance with the Deschutes National Forest's 1990 LRMP. Instead, it would be
under the jurisdiction of local agencies, and would need to conform'to state and county regulations, conditions,
and zoning. Uses would need to comply with all applicable regulatory requirements to ensure the environment
is not adversely affected. In particular, DEQ and Deschutes County would have regulatory jurisdiction over the
property and the planned facilities.
Once in private ownership, local zoning and taxation would apply. According to information from Deschutes
County, 480 acres of the 520 acres in the Section 25 parcel would be zoned Forest Use Zone F-2, which is
generally less restrictive than F-1. Farm use, which an irrigated hay crop operation would be, is included in the
list of uses permitted outright. Reservoirs and water impoundments, which may include the pond structures,
are listed as conditional uses permitted. Approval for a conditional use may be required to site a wastewater
reuse facility. The remaining 40 acres, located in the southwest area of the parcel, is zoned Rural Residential
RR -10, but no facilities are being planned in this area.
If the property is conveyed to OWW2 before the wastewater facility is constructed, a discretionary land use
review would likely be required by the county. The county would evaluate the need and options, and their
findings would include whether any other options were available. This process is similar to the Forest
Service's NEPA and Townsite Act processes, in that they also have to identify whether private or other public
land options exist. The county indicates they cannot review the OWW2 proposal in detail until they receive an
application from OWW2. However, OWW2 cannot submit an application until they have a decision from the
Forest Service approving the conveyance of a specific parcel of land. OWW2 has been working with the
county and has a Memorandum of Understanding with Deschutes County which states that the county agrees to
"Assist the District in its planning efforts and completion of land use applications to allow the expanded
sanitary facility."
• If the Forest Service issues a special use permit to OWW2 to authorize construction of the facilities while still
in National Forest ownership and later conveys the land, Deschutes County has indicated they would accept the
facility without further review because it would be an existing use. This would be similar to what occurred for
Sunriver Resort, when the Forest Service authorized construction of their wastewater facilities in 1997 and later
conveyed the land to Sunriver in 2000.
WATER RESOURCES
Although the distance to groundwater in the Section 25 parcel is less than for the Vandevert parcel, soils
investigations show that the parcel would be suitable for the facilities and for irrigation. Preliminary soil
studies show that on the west portion of the parcel, the water table is deeper and at least 30 inches below the
surface at all times. Facilities would be located in these areas. The eastern portion could also be used for
irrigation, as the water table would be low enough during the growing and irrigation system, but no facilities
are planned in this area.
Identical to Alternative B, elimination of the in -ground, on-site septic systems coupled with the upgrading of
sewage collection and treatment facilities at OWW2 would reduce the amount of contaminants, especially
nitrates, entering the regional groundwater. Although the current rate or amount of contamination is not
known, it is known that the existing systems are not acceptable. Removing this source of contamination would
improve the groundwater quality in the local vicinity and in the greater southern Deschutes County region.
Overall, groundwater quality would be improved and the risk of contaminating any shallow domestic water
wells from existing and failing systems at OWW2 would be greatly reduced or eliminated.
All solids would be removed from the sewage and treated on the existing OWW2 property. Only the
wastewater would be transported by buried pipeline to the Section 25 parcel for temporary storage, natural
aerobic treatment, chlorination, and irrigation. During irrigation, the vegetation would utilize the nitrates and
other nutrients for plant growth. The effluent would act as an enriched water supply and fertilize the growing
plants. The water would be applied at or below agronomic rates, which means at or below the rate that the
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 44 OF 54
NOVEMBER 2001 PAGE31
0 •
plants can take up the nitrates. The effluent would provide only about 50 percent of the nitrogen needs of the
plants, and application of a commercial fertilizer to meet the needs of the crop would be needed. This is no
• different than applying the proper amount of fertilizer to a golf course or lawn. Other similar wastewater
facilities, such as the nearby LaPine system, demonstrate that additional fertilizer must be added because the
effluent does not provide enough nitrates or other nutrients to satisfy all that the vegetation needs. No nitrates
would be ex -petted to pass below the root zone and there would be no contamination of the groundwater.
Treated effluent would be transported by pipeline approximately % mile from the OWW2 property. The
pipeline would cross under South Century Drive but would not cross the river. The system and the treated
effluent would be in compliance with DEQ regulations.
The effluent would be treated to the State of Oregon's Level II standards, as defined by Oregon Administrative
Rules. The state DEQ regulates and restricts the use and application of treated effluent. Level Il effluent may
be used to irrigate agricultural crops during the growing season. Lined storage ponds would have the capacity
to store at least six months of effluent outside of the growing season.
Irrigation at the agronomic rate would result in nitrates and other nutrients in the treated effluent to be taken up
by the plants. No contaminants, including nitrates, would reach the groundwater, and there would be no
opportunity for either local domestic groundwater sources or rivers to become contaminated from the operation
of the facilities.
Expansion of the treatment capacity for OWW2 would eliminate the discharge from many failing or problem
on-site septic systems. Given the level of treatment and nitrate levels of the effluent, the risks of contamination
to domestic water sources, the water table, or the Deschutes or Little Deschutes rivers would be eliminated due
to the facility design and the level of treatment. Even though this parcel is closer to the river and has shallower
groundwater than the Vandevert parcel, there is sufficient depth to groundwater and suitable soils to adequately
• site the facilities on the western portion of the parcel.
The issue of the unauthorized ponds in the small wetland area would be resolved by the Forest Service prior to
the sale of this parcel to OWW2. OWW2 would retain the wetland area as a natural area and no development
would occur there. The existing wetland values would be maintained or improved after conveyance. Under
private ownership, trespass activities such digging holes without permission would be less likely to occur or
remain undetected if they did occur.
WILDLIFE RESOURCES
This alternative would remove 115 acres of high quality hiding cover currently used by deer and elk for
movement and migration. Approximately 95 acres of high quality forage would be created within these acres
with the conversion to an irrigated crop. Loss of cover and human activity at the facility may deter big game
animals from using that immediate area when people are present. However, the irrigated grass field and
restricted public access would provide improved forage and an overall decrease in human activity which would
tend to lead to an increase in elk and deer use.
State regulations require posting of signs and fencing to notify or limit public access at the facilities. OWW2
would fence the parcel with a 3 -strand smooth wire fence. The height of the top wire would not exceed 40
inches, and the bottom wire would be at least 18 inches above the ground to allow wildlife passage. Most of
the fence would be located on the property boundary, but along Foster Road and South Century Drive it would
be set back at least 100 feet from the road. Signs will indicate that public access is limited and by permission
only. A 6 -foot chain link fence would be constructed around the storage ponds and maintenance building. The
chain link fence would cause some displacement of both deer and elk, but this is expected to be minimal given
the small area involved.
This parcel is within a high priority deer migration corridor, as identified by ODFW and Deschutes County.
Minimal disruption of existing migration routes and displacement of animals would be expected from the
placement and operation of the facilities. Existing patterns of use for migration and hiding cover would remain
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 45 OF 54
NOVEMBER 2001 PAGE32-
i
over 405 acres, as that portion of the site would remain undeveloped. The area that is developed for facilities
would continue to provide open space plus improved forage habitat. Continued development of adjacent
private lands would make Section 25 more critical for movement and migration of deer and elk in the future.
The value and integrity of the property as open space and for migration habitat would be maintained or
improved under Alternative C. Once in private ownership, public hunting would not be allowed, which would
also make the site more desirable for the animals.
This alternative would retain about 405 acres of low to medium quality foraging habitat potentially used by
hawks and great gray owls. Conversion to an irrigated grass crop would increase the rodent population and
provide approximately 95 acres of improved foraging habitat for the hawks and owls. Approximately 405 acres
of marginal potential nesting habitat for these species would also be retained. There would be no loss of
current or potential nesting habitat for goshawks or osprey. Implementation of Alternative C would not cause a
reduction of hawks, great gray owls, goshawks, or their habitat in the'immediate area or across the Deschutes
National Forest.
Since there are no suitable trees on this parcel that could be used by bald eagles for nest sites, this alternative
would not affect bald eagle nesting.
The effluent storage ponds would attract blue herons and waterfowl, and the pond vegetation and algae would
provide a new foraging area for these birds. Waterfowl are prey for eagles, so this would also create a new
foraging area for eagles that are using the Deschutes River corridor.
This alternative would remove approximately 115 acres of potential foraging habitat for cavity nesters such as
woodpeckers, flickers, sapsuckers and nuthatches and as a result would eliminate any existing or future nesting
habitat from those acres, but would not cause an overall reduction in local populations or habitats of those
species. The storage ponds would provide an added water source that would attract neotropical migratory bird
• species, and the remaining 405 acres would continue to maintain habitat for these birds.
There would be no loss of roosting habitat for bats. The water in the storage ponds would attract flying insects
and provide new foraging habitat for bat species.
There would be no adverse effect on any of the I 1 Region Six sensitive wildlife species.
The irrigated grass field and storage ponds would improve habitat for wildlife, including deer, elk, waterfowl,
and birds. This could provide opportunities for wildlife viewing to neighboring residents and people traveling
through the parcel or in the area. Additionally, OWW2 would have the option to manage the remaining 405
acres for forest resources,; including wildlife habitat. Habitat for a variety of wildlife species could improve
with proper management and vegetation treatments.
EFFECTS ON NEARBY PRIVATE PROPERTIES
Private lands surround the parcel on all sides except a quarter mile portion along the southwest comer of the
parcel. The existing forest landscape would remain over much of the eastern portion of the property. Setbacks
and buffers along the boundaries would result in facilities being 200 to 300 feet from any private property.
Oregon Administrative Rules (Chapter 340, Division 55) require a buffer of 70 feet from irrigation spray areas.
OWW2's plans include a 300 -foot setback from the edge of the irrigated field to the property boundary.
Similar facilities have been constructed in LaPine and Sunriver, and another is being constructed in Sisters. In
Sunriver, the 18 -acre effluent storage pond is within 150 feet of Cottonwood Road and less than '/. mile from
private residences, although the property boundary adjoins the private land and homes. The sewage treatment
plant for Sunriver Resort is located within the Sunriver community, adjacent to private homes and a golf
• course.
There is no evidence or experience to suggest or demonstrate that homes or developments on nearby private
properties would be adversely affected or that property values would decline because of this type of facility.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 46 OF 54
NOVEMBER 2001 PAGE33
•
ODORS
• Irrigating with treated effluent would not create odors. Properly treated wastewater does not have objectionable
odors. As long as the ponds are operated and maintained in a manner which ensures that aerobic bacteria are
allowed to thrive, any organic materials would be converted in the ponds and the resulting treated eluent
would be clear and odor free. Mechanical aerators would be installed to ensure sufficient aeration.
Odors from sewage treatment are generally associated with raw sewage, primary treatment, septic tanks, and
the solid matter, none of which would be on the Section 25 parcel. The raw sewage and solid material would
be treated and held at facilities on the OWW2 property. Once treated, solid material and sludge would be
disposed of at approved facilities or, because of the high organic content, converted into fertilizer or soil
enhancers. No sludge or other solid matter would be disposed of on this parcel. Only the effluent would be
stored and applied on the parcel to be conveyed.
When properly managed, effluent ponds use natural aerobic bacteria processes (in the presence of oxygen) to
treat the organic particles in the effluent. Odors can develop when anaerobic conditions (without oxygen) are
created and the aerobic bacteria are removed or killed. Improper design, poor operating conditions, lack of
monitoring, or long-term freezing of ponds and lack of circulation, may create such conditions. OWW2's
facilities would operate under the conditions and requirements listed in the operating permit issued by the DEQ.
Sampling, monitoring, and DEQ oversight would ensure that the facility is properly maintained and operated.
A certified technician would operate and monitor conditions of the storage ponds and facilities.
RECREATION ACCESS, AND PUBLIC USE
State regulations require posting of signs and fencing to notify or limit public access at the facilities. There
would be signs indicating that public access, especially vehicle access, is limited and by permission only.
Most of the 4 miles of existing dirt roads (not including Foster Road) would be closed and possibly obliterated
•to discourage trespass. Foster Road, which is used to access other National Forest and private lands, would be
retained in public ownership, either by an easement to the Forest Service or by transferring it to Deschutes
County. Use of Foster Road is not expected to change as a result of this alternative. Some vehicle access for
maintenance and operations of the facilities would be needed.
The change from public to private ownership and the restrictions on public access would reduce or eliminate
illegal firewood cutting, dumping of household garbage, and other unauthorized activities that currently take
place. There may be interest from adjacent and nearby residents and others traveling through the parcel on
Foster Road to watch wildlife on the parcel, especially if birds are attracted to the site. Adjacent and nearby
landowners would be likely to value the parcel for open space.
SCENIC RESOURCES
Buildings and other similar intrusive structures would be kept to a minimum, as only a small maintenance
building is planned. The ponds and irrigated hay field would change the forest landscape to a more agricultural
setting. The remainder of the property would remain forested and in natural vegetation, and would still provide
a sense of open space and rural landscape.
There would be little visual impact from the facilities. South Century Drive provides access from Highway 97
to the Cascade Lakes National Scenic Byway, and county and state regulations require buffers of at least 100
feet to protect the scenic quality along the road. This requirement would be met or exceeded in the design of
the facilities. Foster Road is neither a scenic corridor or roadway, and county zoning regulations would not
require any buffers to protect visual quality along this road. The proposed development would have little or no
effect on scenic quality, integrity, or landscape character. LRMP standards and guidelines and the desired
future condition would be met, even though it would no longer be under Forest Service management. Local
county requirements and zoning restrictions for visual management would be met.
• Deschutes County zoning for the area where the facilities would be located would be F-2 Forest Zone. This
would govern the types and limits of development allowed.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 47 OF 54
NOVEMBER 2001 PAGE 34'
HERITAGE RESOURCES
• There are no eligible historic or archaeological sites on this parcel. Sale of this parcel would have no effects on
any National Register eligible historic or archaeological sites. Ineligible sites have been documented and
permanent records maintained by the Deschutes National Forest.
SOIL RESOURCES
The lack of rock in the soil would be favorable for excavation and construction of the facilities. The water
table in the eastern portion of the parcel is high in some areas, although it does drop low enough by the growing
season so that the area could be used for irrigation. The west side of the parcel is well suited for the facilities
and irrigation, as the groundwater levels stay below 30 inches year-round.
Application rates of the treated effluent coupled with the application rates of commercial fertilizer would be at
rates at or less than what the grass hay crop can take up. There would be no increase in nitrate levels in the soil
beyond the root zone, and no nitrates would reach the groundwater.
Reduction in the amount of dirt roads and restrictions on public access would reduce the displacement and
erosion associated with vehicle traffic.
VEGETATION
Construction of the storage ponds, maintenance building and hay field would result in the removal of
approximately 115 acres of existing timber and forest vegetation and converting it to an agricultural landscape
with grass hay production. There would be no change in the conditions of the remaining 405 acres and
stocking levels would continue to increase and the mortality would tend to increase in denser stands. OWW2
would have the option of managing the timber resource to create a healthier forest.
• Any timber value from existing trees will be included in the valuation of the parcel. Restrictions on public
access would reduce the likelihood of illegal firewood cutting on this parcel, but could displace this activity to
other public lands.
A field survey determined that because the site was already highly disturbed, there was no habitat for TES
species. There would be no direct, indirect or cumulative effects expected on TES species.
Because noxious weeds have been identified near or adjacent to this parcel, it has been rated as a high risk for
weeds. Construction equipment may move through or park on sites with infestations of spotted knapweed
found along South Century Drive or at OWW2 and transport this species to other disturbed sites along South
Century Drive or onto the parcel itself. These activities would disturb and displace soil and create potentially
suitable conditions for the establishment of new weed populations. Scheduled spraying of the roadsides would
continue and help minimize any new potential risks. Landscape maintenance in and around the facilities and
weed control during production of the hay crop would eliminate unwanted vegetation including noxious weeds.
The reduction in public access would also limit the transport of new seeds to the parcel.
Requiring construction vehicles and heavy equipment to be washed prior to entering or leaving the project area
would reduce or eliminate the potential of spreading weed populations to new areas. Spraying known
populations prior to starting construction would also help to reduce or eliminate the risk of spread by reducing
the potential for transporting seeds or plant parts to new locations.
FIRE AND FUELS -
This alternative would remove timber and shrub vegetation from approximately 115 acres. Ninety-five acres
would be converted into an irrigated grass hay field with a center pivot irrigation system, and 15 acres would
have effluent storage ponds. Development of the facilities would provide fuel breaks and fuel type changes
• which would help minimize fire risk and intensity.
Grasses and shrubs in the forest cure quickly and fires tend to quickly spread when ignited. Providing fuel
breaks and changes in vegetation, such as an irrigated field, would help limit the rate of spread and provide
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 48 OF 54
NOVEMBER 2001 PAGE35
opportunities for more rapid control. The effluent ponds would also provide an emergency water source, if a
• fire occurs nearby.
Limiting public access would reduce the number and type of ignition sources that could result in a wildfire.
The District would have the option to manage the remaining forest areas on the property to improve forest
health and further reduce fire risk.
MITIGATION MEASURES AND MONITORING
No mitigation measures or monitoring requirements have been identified as being necessary for the Forest
Service to require. Any requirements imposed by the Forest Service would likely be in the form of deed
restriction, and none were determined to be needed. Forest Service policy limits using deed restrictions or
encumbrance in land conveyances.
The facility plan and project design proposed by OWW2 incorporates many features to make the project more
compatible with the local environment and surrounding landscape. These include setbacks from the road, use
of smooth wire fencing, posting of signs, retaining forest landscape where no facilities are planned, and
providing buffer areas between adjacent lands.
Monitoring would be accomplished through established DEQ and county processes including permitting,
monitoring, and reporting. State and local regulations, zoning, and requirements for operation and maintenance
of the facilities would ensure that the project construction and operation meets or exceeds all standards.
OTHER EFFECTS NOT PREVIOUSLY MENTIONED
•REASONABLY FORSEEABLE FUTURE ACTIONS
Under either Alternative B or Alternative C, it is expected that the property conveyed to OWW2 would be
developed as proposed for wastewater facilities to meet the needs of the OWW2 community. No other
developments or uses are planned by the OWW2 Sanitary District, and it is expected to remain under OWW2
ownership and management into the future. Once in private ownership OWW2 may need to modify their
proposed plans, but there is no indication that there would be any significant deviations due to their
demonstrated :need for the property for this use and their limitations as a sanitary district. The predicted effects
would be expected to be the same, even with minor adjustments or modifications.
Either parcel not sold to OWW2 would be evaluated in the near future for sale or exchange as part of Tract C of
the Bend Pine Nursery Land Conveyance Act. The BPNLCA gives the Forest Service authority to sell a
number of identified isolated parcels and retain the funds for acquisition of new administrative offices and
facilities for the Deschutes National Forest. After a decision is made on the OWW2 Townsite Application, the
remaining portions of Tract C will be evaluated for disposal in a new environmental analysis. Evaluation of
Tract C is outside the scope of this OWW2 Townsite Act application analysis. Although it zanuot be predicted
to whom the property would be sold or exchanged to under the BPNLCA, it is likely that a buyer or buyers
would acquire either property with the intent of using the land for housing or a resort development or another
income producing project.
CML RIGHTS AND ENVIRONMENTAL JUSTICE
There would be no known direct, indirect, or cumulative effects on Native Americans, minority groups,
women, or civil rights as a result of a land exchange. Scoping letters were sent to the Confederated Tubes of
the Warm Springs Reservation, the Bums Paiute Tube, and the Klamath Tubes, the three federally recognized
tribes in Central Oregon, to provide information about the OWW2 proposal and to request any input regarding
.tubal interests, concerns, or issues. Additional follow up contacts were made through the Forest's tubal liaison.
No responses were received, nor were any tribal issues, concerns, or current uses identified that would be
affected by the alternatives.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 49 OF 54
NOVEMBER 2001 PAGE36-
Executive Order 12898 directs each federal agency to make achieving Environmental Justice part of its mission
• by addressing effects of its programs, policies, and activities on minority populations and low-income
populations. A presidential memorandum emphasizes the need to consider and disclose these types of effects
during an environmental analysis. The memorandum clarifies that the order is also intended to promote
nondiscrimination in federal programs substantially affecting human health and the environment.
The purpose of Alternative B or C is to provide for proper waste disposal facilities for OWW2 residents and to
ensure that the existing facilities do not further contaminate the groundwater. Either of these alternatives would
help promote and provide for the health and safety of the residents of OWW2 and of the residents and resources
in the larger Deschutes Basin area of southern Deschutes County. In 1997, the USDA Rural Utilities Service
identified the Oregon Water Wonderland Unit H community as being a low-income community, with a median
household income of $21,163. Alternative B or C would help the community and benefit this low-income
population by conveying federal land to allow new wastewater facilities to be constructed. This would also
allow the other needed sewage treatment facilities to be constructed on OWW2 lands, to be used in conjunction
with the newly acquired land. Alternative B or C would allow proposed developments to be constructed and
operated within the budget approved by the residents, and at a rate that they can afford.
Alternative A, the No Action alternative, would disproportionately and adversely affect this low-income
community by denying a viable and affordable solution to their sanitation and environmental needs. Property
values could decline due to the lack of acceptable sewage disposal facilities.
WILD AND SCENIC RIVERS
The Vandevert parcel is approximately one mile from the Upper Deschutes Wild and Scenic River corridor,
and the Section 25 parcel is just outside the boundary. However, the OWW2 community itself is located within
the designated boundaries of the corridor. Alternative B or C would have a beneficial and desirable effect of
• improving groundwater quality within the corridor by eliminating the problem sewage systems that currently
provide contaminates. Selection of the No Action alternative (Alternative A) would adversely affect the
groundwater quality within the wild and scenic corridor because the existing conditions and contamination
would remain and continue to worsen over time.
0
TOXIC SUBSTANCES
Chlorine is used in the final treatment of the effluent before it is used for irrigation. OWW2 would use chlorine
in a tablet form or in a liquid form, in containers similar to those for household bleach. A hazardous materials
plan would be prepared and adopted prior to the operation of the facility, and coordinated with local authorities.
PRIME LANDS
A land conveyance would have no effect on prime farmlands, forestlands, or rangelands.
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 50 OF 54
NOVEMBER 2001 PAGE37
Ll
• SECTION V. LIST OF PREPARERS AND CONSULTATION WITH OTHERS
is
1 ) INTERDISCIPLINARY TEAM
The following Forest Service employees were involved in the environmental analysis and preparation of the
Environmental Assessment:
Alice: Doremus — Project Leader, Lands
John Davis — Writer/Editor, Timber Resources, Fuels
Larry Chitwood - Geology, Minerals, Groundwater
Monty Gregg — Wildlife
Ronnie Yimsut — Scenic Resources
Charmane Levack — Botany
Marc Wilcox — Hydrology and Wetlands
Dana Butler — Hydrology and Wetlands
Walt Miller — Easements and Landline
Dale :Putman — Roads and Hazardous Materials
Linda Carlson — Special Uses
Paul Claeyssens — Heritage Resources
Lucy Hamilton — Heritage Resources
2) CONSULTATION WITH OTHERS
Individuals who were contacted, involved, or provided information for this EA include the following:
Jim Sollenberger, Ery Remmele, George Oldham — OWW2 Sanitary District
William Tye, P.E. — Consulting Engineer, Tye Engineering & Surveying Inc.
Steve Wert — Consulting Soil Scientist and Wastewater Sanitarian, Wert & Associates
Dick Nichols, Walt West, Jayne West - Oregon Department of Environmental Quality
Dave Leslie, George Read - Deschutes County
MerrieSue Carlson — Office of the Governor
Steve George - Oregon Department of Fish and Wildlife
Kyle Gorman, Bob Main — Oregon Water Resources Department
Jim Coburn — BLM/Forest Service Tribal Liaison
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 51 OF 54
NOVEMBER 2001 PAGE 38.
PROPOSED IMPROVEMENTS
VANDEVERT PARCEL - ALTERNATIVE B
•
17
PROPOSED SITE
240 ACRES t
Lti
> STORAGE
p PONDS
}
Q:
Imo- 6' CYCLONE FENCE
? AROUND STORAGE
0 PONDS
i 'Op,D
V ANDE���
PIPELINE
FROM OWW
VIA CENTURY
DRIVE
3 STRAND SMOOTH
MARE FENCE AROUND
IRRIGATION AREA
N i'
:3X
C 1 Y W W W W
31 O + W W W W W
ax W W W W W W W
BUFFER PIVOT IRRIGATION AREA =
AREA ` 90 ACRES, HAY CROP"
TREES TO BE REMOVED y
(NATURAL LANDSCAPING W W W W + W W
TO REMAIN)
W W W W .tr W W
X W W W W W W 2�7
6.5 6.5
AC.t AC.t
55'
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AC.t
L-100'
EXISTING ACCESS ROAD
STORAGE AND
MAINTENANCE 17 16
20 21
TYE ENGINEERING7 INC.
725 NW HILL, BEND, OREGON 97701 (541) 389-6959
DATE: 9/28/01 SCALE: 1"=1000' DRAWN BY: P.A.T. DWG ¢#:476-07Z
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 53 OF 54
PROPOSED IMPROVEMENTS
SECTION 25 PARCEL
ALTERNATIVE C
6' CYCLONE
FENCE AROUND
STORAGE POND
23 24
26 25
TH CENTURY DR
• `^1 30C
V
W 1/4 N,
Jf300'
O
26 W25
TOTAL AREA
520 AC f
MAINTENANCE
BUILDING
STORAGE
0
POND e O pGE
\, 10 ACt e
ti
R 10 R11E�
J
24 190
x — x-25 30
\Oe .� 5 ACt a 6- CYCLONE
\O / FENCE AROUND
W j STORAGE POND
C� W W o�•
15 .
300'o
ACf
�
W /
W W W W W i
W W AA W W /
W 60 ,,jAC
W W W
W W W W
W W W W /
200'
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W W /
200'
} t 3 STRAND SMOOTH
WIRE FENCING
::•:: TITLE: PROPOSED DISPOSAL SITE
JOB NO: 476
_ — SCALE: 1"=1000' DRAWN BY: P.A.T.
-ENONEF-RING do SURVEYIWO FIELD BOOK NO: DATE: 9/28/01
725 NW 41 - BEND, ' "c" DWG NAME: 476-07E SHEET: 1 OF 1
EXHIBIT "A" OF THE BOARD DECISION FOR FILE NO'S. PA-02-5/ZC-02-3, PAGE 54 OF 54
Chapter 18.60. RURAL RESIDENTIAL
ZONE - RR -10
18.60.010. Purposes.
18.60.020. Uses permitted outright.
18.60.030. Conditional uses permitted.
18.60.035. Destination resorts.
18.60.040. Yard and setback requirements.
18.60.050. Stream setback.
18.60.060. Dimensional standards.
18.60.070. Limitations on conditional uses.
18.60.080. Rimrock setback.
18.60.090. Oregon Water Wonderland Unit 2
Sewer District Limited Use
Combining Zone.
18.60.090. Oregon Water Wonderland Unit 2
Sewer District Limited Use
Combining Zone.
A. Uses Permitted Outright.
In the Oregon Water
Wonderland Unit 2 Sewer
District Limited Use Combining
Zone, uses shall be permitted as
follows, the following uses and
their accessory uses are allowed
outright:
a. Agricultural use as
defined in DCC Title 18.
b. Propagation or
harvesting of a forest
product.
C. Ground application of
treated effluent.
B. Uses Permitted Subiect to Site
Plan Review. In the Oregon
Water Wonderland Unit 2 Sewer
District Limited Use Combining
Zone, uses shall be permitted as
follows, the following uses and
their accessory uses are
permitted subject to applicable
provisions of DCC 18.116,
Supplementary Provisions, and
DCC 18.124, Site Plan Review:
a. Sewage Treatment
Facility
b. Treated Effluent Ponds
C. Definitions. For the purpose of
this section, the use Sewage
Treatment Facility includes any
buildings or structures
associated with the operations of
a sewer treatment plant
including, but not limited to,
treatment station or pump
station.
D. Special Conditions. Pursuant to
DCC Section 23.120.170, an
application for site plan review
to establish a sewage treatment
facility must include a
conservation easement and a
plan of implementing the
conservation easement that
provides standards and
implementation methods for
managing the conservation
easement, along with a recorded
road maintenance agreement
between Oregon Water
Wonderland Unit 2 Sewer
District and the Beaver Special
Road District, with the site plan
review application. The road
maintenance agreement between
the applicant and the Beaver
Special Road District shall
include Oregon Water
Wonderland Unit 2 Sewer
District's pro rata share for the
maintenance cost of Foster Road
through Section 25.
(Ord. 2003-012 § 1, 2003)
PAGE 1 OF 1 — EXHIBIT "D" TO ORDINANCE NO. 2003-012 (06/02/03)