Loading...
HomeMy WebLinkAbout2008-07-09 Business Meeting MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JULY 9, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy Melton. Also present were County Administrator Dave Kanner, Deputy County Administrator; Sheriff Larry Blanton; Barbara Rich and Tom Anderson, Community Development; Laurie Craghead and Mark Pilliod, Legal Counsel; various representatives of the media; and approximately forty other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Jill Fox and Vicki Shaw came before the Board and asked that Jackie Cooper's thirty years of service with the County be recognized. She was hired on June 15, 1978 and a lot has changed since then. The Commissioners thanked her for her service and congratulated her on her retirement. Commissioner Melton noted that Kristi Otteni of La Pine died of cancer on Sunday, which is a great loss to the community. 2. Before the Board was Consideration of First Reading of Ordinance No. 2008 -023, Amendments to the Public Contracting Code per Changes in State Law. Mark Pilliod gave a brief overview of the item. There are a number of amendments needed; some housekeeping and some adjustments that are needed due to State law and other changes. There are no sweeping changes. Minutes of Board of Commissioners' Business Meeting Wednesday, July 9, 2008 Page 1 of 6 Pages MELTON: Move first reading by title only of Ordinance No. 2008 -023. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Chair Luke conducted the first reading by title only. The second reading will be conducted at the Wednesday, July 23 Board business meeting. Before the Board was Consideration of Approval of the Consent Agenda. MELTON: Move approval, and that staff be allowed to include the amounts of the economic development grants in the minutes. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Consent Agenda Items 3. Signature of Resolution No. 2008 -114, Authorizing the Financing of Various Capital Construction and Improvement Projects 4. Approval of Minutes: • Business Meeting: July 2 • Work Session: June 30 and July 2 5. Economic Development Grant Requests • Family Access Network Foundation — Golf Tournament Fundraiser; Commissioner Luke granted 3 holes at $275 per hole; Commissioners Melton and Daly granted 1 each (at $275 each hole) • Neighborlmpact — Head Start Dental Van Collaboration; the Commissioners granted $1,000 each • La Pine Park & Recreation District — Election Expenses; Commissioner Luke granted $1,357.10 Minutes of Board of Commissioners' Business Meeting Wednesday, July 9, 2008 Page 2 of 6 Pages CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 6. Before the Board was Consideration of Signature of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District in the Amount of $30,510.33. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Signature of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District in the Amount of $5,301.39. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 8. Before the Board was Consideration of Signature of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $690,538.55. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, July 9, 2008 Page 3 of 6 Pages 9. Before the Board were Additions to the Agenda. A. Before the Board was Consideration of Signature of Signature of a Notice of Intent to Award Contract Letter for the Jail Control Systems Remodel. Eric Kropp gave an overview of the item, referring to a breakdown of the bids that were presented. DALY: Move approval, subject to review. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. B. Before the Board was Consideration of Signature of Signature of Closing Documents for the Purchase of Property at 2611 Courtney Drive, Bend. Mr. Kropp indicated that this involves property located adjacent to the current Health /Mental Health building. The time is right to make this purchase, as the property will be needed for expansion purposes sometime in the future. MELTON: Move approval. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. C. Before the Board was Consideration of Signature of Order No. 2008- 069, Correcting Order No. 2008 -061, Transferring and Distributing Certain Monies from the Deschutes County Land Sales Fund. Mr. Kropp gave a brief overview of the item. MELTON: Move approval. DALY: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, July 9, 2008 Page 4 of 6 Pages VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. D. Before the Board was Consideration of Signature of Order No. 2008- 056, Declaring the Decisions of the Hearings Officers to Be the Final Decision of the County in the Ballot Measure 49 Common Law Vested Rights Cases. Steven Griffin stated that this allows the decisions of the Hearings Officer to be the final decision; however, the Board can, at its discretion, hear a case. E. Before the Board was Consideration of First Reading of Ordinance No. 2008 -012, Adopting the Proposed Local Rule for Onsite Waste Treatment Systems in Southern Deschutes County. Commissioner Daly said he spoke with staff earlier in the day and is comfortable with the response. Laurie Craghead clarified that the minutes of March 19 were on the website already. It is not required to have both written minutes and a recording, but this is usually done for business meetings in any case. Commissioner Melton observed that it is an interesting process. She was elected just 1.5 years ago and knows more about onsite systems that she ever imagined. It is hard to process all of the information. Where they started and where they are today are much different places. The Commissioners base policy on what comes to them. There may have been some bumps in the road, but they have a much clearer understanding of the issue now. She thanks the community, since a lot of the changes came from their suggestions. At the time of sale, another round of testing will be allowed. Timing is the greatest factor, and not everything can be predicted. They could end up with other options and more time through a future Board. The current document allows the possibility of sewers, composting toilets and other options. Minutes of Board of Commissioners' Business Meeting Wednesday, July 9, 2008 Page 5 of 6 Pages The greatest factor is the hardship variance. With all of those moving parts coming together, it is the best the Board can do with the information they now have. Commissioner Daly read a statement into the record. Commissioner Luke said that a lot of people need to be thanked for their help on this issue. He added that things are not set in stone and changes can be made in the future if needed. MELTON: First reading, by title only. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Chair Luke conducted the first reading, by title only. The second reading is scheduled for July 23. Being no further discussion, the meeting adjourned at 1 0: 45 a.m. DATED this 9th Day of July 2008 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary De is R. Luke, Chair Tammy : aney) S4iton, Vice Chair Michael M. Daly, Co missioner Minutes of Board of Commissioners' Business Meeting Wednesday, July 9, 2008 Page 6 of 6 Pages ES 0 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, JULY 9, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of First Reading of Ordinance No. 2008 -023, Amendments to the Public Contracting Code per Changes in State Law — Mark Pilliod, Legal Counsel CONSENT AGENDA 3. Signature of Document No. 2008 -300, an Intergovernmental Agreement between the Sheriff's Office and Central Oregon Irrigation District regarding the Use of Inmate Work Crews 4. Signature of Document No. 2008 -053, Approving Funding and Signature Authority Recommendations for Juvenile Crime Prevention 5. Signature of Document No. 2008 -364, Contract for Subgrant with Sisters Organization for Activities and Recreation (SOAR) for the Sisters Think Again Parents (TAPS) Program 6. Signature of Document No. 2008 -318, Contract for Subgrant with SOAR for the Youth Development & Leadership Program Board of Commissioners' Business Meeting Agenda Wednesday, July 9, 2008 Page 1 of 7 Pages 7. Signature of Document No. 2008 -384, an Intergovernmental Agreement with the Oregon Department of Human Services regarding the WIC and Maternal Child Health Programs 8. Signature of Document No. 2008 -383, an Intergovernmental Agreement between Benton, Jackson and Deschutes Counties for the MARS (Male Advocates for Responsible Sexuality) Expansion Project 9. Signature of Resolution No. 2008 -114, Authorizing the Financing of Various Capital Construction and Improvement Projects 10. Approval of Minutes: • Business Meeting: July 2 • Work Session: June 30 and July 2 11. Economic Development Grant Requests • Neighborlmpact — Head Start Mobile Dental Van Collaboration • Family Access Network Foundation — Fundraiser • La Pine Park & Recreation District — Election Expenses CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 12. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 13. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension/4 -H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 15. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Wednesday, July 9, 2008 Page 2 of 7 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org ADDITIONS TO BUSINESS MEETING AGENDA DES CHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, JULY 9, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend A. CONSIDERATION of Signature of a Notice of Intent to Award Contract Letter for the Jail Control Systems Remodel — Erik Kropp, Deputy County Administrator B. CONSIDERATION of Signature of Closing Documents for the Purchase of Property at 2611 Courtney Drive, Bend — Erik Kropp, Deputy County Administrator C. CONSIDERATION of Signature of Order No. 2008 -069, Correcting Order No. 2008 -061, Transferring and Distributing Certain Monies from the Deschutes County Land Sales Fund — Erik Kropp, Deputy County Administrator D. CONSIDERATION of Signature of Order No. 2008 -056, Declaring the Decisions of the Hearings Officers to Be the Final Decision of the County in the Ballot Measure 49 Common Law Vested Rights Cases — Mark Pilliod, Legal Counsel E. CONSIDERATION of First Reading of Ordinance No. 2008 -012, Adopting the Proposed Local Rule for Onsite Waste Treatment Systems in Southern Deschutes County Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388- 6572.) Monday, July 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) 5:30 p.m. Public Hearing to Consider Adoption of the Local Rule Ordinance — South Deschutes County Tuesday, July 8, 2008 11:00 a.m. Commission on Children & Families' Interviews Wednesday, July 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, July 10, 2008 12:00 noon Audit Committee Meeting Wednesday, July 16, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, July 17, 2008 2:00 p.m. Joint Meeting of Commissioners and Fair Board, at Fair/Expo Center Board of Commissioners' Business Meeting Agenda Wednesday, July 9, 2008 Page 3 of 7 Pages Monday, July 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 23, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, July 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, August 4, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, August 6, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, August 13, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, July 9, 2008 Page 4 of 7 Pages Monday, August 18, 2008 10:00 a.m. Board of Commissioners' Meeting 12 noon Regular Meeting of Board of Commissioners and Department Directors 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, August 20, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, August 25, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, August 27, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, September 1, 2008 Most County offices will be closed to observe the Labor Day Holiday Wednesday, September 3, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, September 4, 2008 10:00 a.m. Quarterly Meeting with District Attorney 11:00 a.m. Quarterly Meeting with Community Development Department 1:30 p.m. Quarterly Meeting with the Road Department Monday, September 8, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Board of Commissioners' Business Meeting Agenda Wednesday, July 9, 2008 Page 5 of 7 Pages Wednesday, September 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, September 11, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond 11:00 a.m. Quarterly Meeting with Mental Health Department 1:00 p.m. Quarterly Meeting with Health Department Wednesday, September 15, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, September 17, 2008 8:00 a.m. Public Affairs Counsel Conference Call — Legislative Update 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, September 18, 2008 9:00 a.m. Semi - annual Meeting with the County Clerk 10:00 a.m. Quarterly Meeting with Community Justice Monday, September 22, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, September 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, July 9, 2008 Page 6 of 7 Pages Thursday, September 25, 2008 9:00 a.m. Quarterly Meeting with Fair & Expo Center 10:00 a.m. Semi - annual Meeting with Assessor 11:00 a.m. Quarterly Meeting with Commission on Children & Families Monday, September 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, October 1, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, October 2, 2008 9:00 a.m. Regular Bi- monthly Meeting with Congressional Staff Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, July 9, 2008 Page 7 of 7 Pages Meeting Topic: 6-0-ifre_4(._ 1, - ' - 9 S s z on Date: //� - _ (Please Print) Residence Work Name Mailing Address City Zip Phone # Phone # Fax # e -mail address 5V.O.E- i"10% ` ' %r y/'y% J 1 Ti ii R-E 6/n0/4/ 9 7-7,Z, " .Ci/ '36 - 14 a \v ),9- '2- • ■ 4Cet2L- ‘ if d, PI 414. JZC. ef 1 5D4.-9141:1 e ya 6 , i--6 z is -4_0 ,!., :b- .5 _ 'Th P&fLA/i (afire 1,14 6 d_ 7 770a, ' --2. U 6-, 4 y e — , C i l 4. (4.G ,vav si- /drd 97/ ,/,, V 2'- ‘0902s-- 121/2e/ .2a�c",'n1s 04 M"-X1,4ecideat____.a.lag i7 �4'go/ A1Efo.m,iyee- £c A hasaci,;, 4 7711 o? Fla - 55-14,5- .9 / clb r_WS- tE) 1e*a e-a1.40a 1 1.,c t-t \t- t_ CO'lr' Tk\\ x` "s4 IS,ZA'. 3.� Qk �¢��.o4 `l`r1bio 54-1\•Sk1(1- SD�SV\•SAl -Till 1Cr� Q�t � lnq nwv r'4Q-A CAM. <icL /41iL 72-4 q 1LAri''x or.A• c `r � v ,S %e-f %fZ 3 4 2.) ZatiC/Ala 79D L47'71£ F/faS i.../ t.---' 5 - 9r— oW r ,CleM ) ,, S1 (7 ) 7_ / /3 `/ ciivii.L) 6 mac, c 1. ear ,'d fe-4-t-r-- 61i7oSE _ -14 •, LI / , �' ,r -r . LtzoL, .0 rr _,,,,-, T 0 ^U x `- a.ii �„2,,J Os- c U 2 - ? 1 A J 32 ? $ ?f ` 5rn O,or.c_p r�'aco- -" C1'1c r- i 5 Peh1� ��u.rK,BI �6�0 Nw i l vr1-or ry ,�—v s o a 12 -c$ S2 -3011 54)- 3448 -S'tro dl.cle %rn,,, Page # of Pages 'J Meeting Topic: �-(� S cry Date: y9/5 p (Please Print) Residence Work Name Mailing Address City Z� Phone # Phone # Fax # e -mail address �//In( Gl/Yde,e /6o aw D g 7754 5-YP- 3-2- 8. z 9/f -d 5-5- 4. CUAAVAe G.4.4_,.-64..a Pbv\ Rob 0 ,' 19%---)0105-- 0(43`1U) (4i.\, 6-AI CG.r(466 r\p 2 W`INPt- &a JA -.."S Cr ,'I6 1 <vfr 714 &ff . ' Fti I J •1 C -j o (1— d3 S Ha 7bOv Cf 9, ,___,, e� 1 Li-1's 11) ) ( \e-,, c.. „4 (, -)7�6 S(ia-s3z-/ sz6 C.)6 3g SG c;�...<:M,ssS 1 i��,> IK.e..-4 � �I (02--7 c..bAcu e, KA. (3e 1.--T7 o ! 7y 8-1581 (9 L7 -3570 iLe balwL the yaketar i f 60,0A> qs-zcsticpymil ivy aztJ ""c(so- lzL 6717-55s-3 T64,15 0 % rc, e. ciTv YY\ PL`Rv Qg 34 . 4Z25 S \I) Mrs µoGpo,) iREoroaN_p q775 5'..3 -0 NI 7-23-3E05 h-dc50 @ben &cab( Gore, 6,1 (% !WS 5W P ito\s5 pr, P•e.krlonk 17756 350- OLIO SL-r 1- 2/ 31 ic (Sfic1C )(k« 3P-- a051,0 t. , . czr �, f e t r 0_1:,....4dc— 16j4.„8„,,/, 77_,‘.0 .s r, pori4, Page # of Pages 0/ei2rtf:1 CAN-tire/I- 13eno QED( 90(2,-52,o3 z -5k3 Yf1-R43 -o HON/0(5 Om r -l< t� p P °P� FAx Qty -s-�.' S del ZY3 9 23d kk'a 1 P/ctied7 sgg-5;( '--oB � DoTCiE 1.6-E 4 -I suBEL. c� "1"Eb /, Le NRAvDC4,_ 57-il-- S'JC9 9 'sr 76-n - 67)'( no? 6 ,`\I\)ec4and� 561V- 7 S- M/1-e C12rrk ,,a P��CV LGE /1 , D10,4 t 5 w Pb Pe w -e l l 16 r1- O 4� 177%1 � -r? 4 s'-‘3 was' t/ /o- 4)i7 2- ��, 543-- 44'ss% Meeting Topic: ( -rte (Jo- re_Ss Date: --7/? /ate (Please Print) Residence Work Name Mailing Address City Zip Phone # Phone # Fax # e -mail address i 7 b l t vuTV 8& SR) CoA,1wu,1 fr 6-rrvi L a?7D2_ `f , S"-Vo ---- lAetdixhe/t i air 1 y ��� 7 AA) �� , ,� -/W �01- r `� 11)- 977ri .�1 417 77 yJ-9�'�4,� � C, 7_- .tercrn s i by 36116 61"' n)b«,� --- _._ ..._ -... no�.Ci \ilnc z Y �:o � Lc �� !� li, A� l 70 l �c — %��,� � 72 5� Syr — 5-;/8 -4 5" :-;17', —5 :(, —131 I Pe, "SYS 2-31( Page # of Pages Deschutes County Property & Facilities Department Jail Control System Bid Opening Results July 3, 2008 2:00 p.m. Base Bid Plus All Alternates Simplex Grinnel Justice Systems Engineered Control Systems 499,373 545,030 493,488 32,651 69,940 265,911 28,554 23,730 14,475 60,000 42,520 49,448 620 578 681 220 823 322 Base Bid Plus Alternates #1 and #2 Simplex Grinnel Justice Systems Engineered Control Systems 499,373 545,030 493,488 32,651 69,940 265,911 28,554 23,730 14,475 560.578 638, 700 773,874 Deschutes County Summary of Changes to Proposed Local Rule Public Hearing, March 19, 2008 The US Geological Survey and the Oregon Department of Environmental Quality (DEQ) have conducted scientific investigations that show that groundwater in the south Deschutes County region will become increasingly polluted over time by discharges from conventional onsite wastewater treatment systems. The Board of County Commissioners (Board) does not presume to have the same technical knowledge and expertise as the scientists that participated in these investigations and relies on their findings that, as stated by the Oregon DEQ, the science is valid and doing nothing to protect groundwater quality is not an option. The Board, at this hearing, is considering the question of what action can be taken at the local level to address the groundwater pollution issue. July 7, 2008 Changes based on public comments on the March 2008 proposal: • Compliance Date: Based on specific testimony received at the March 19, 2008 hearing, the Board changed the grace period before the compliance date from 10 years to 14 years to provide additional time for residents to pursue other methods of protecting groundwater. • Definition of Maximum Nitrogen Reducing System: The change to this definition ensures that a monopoly is not created for one system meeting the standard. • Variance: Based on testimony related to the potential expansion or creation of sewers, a provision was created to allow granting of a variance in the event that a failing system is located in an area where a sewer is being established. • Ordinance 2008 -012: Two definitions ( "Pollution" and "Public Health Hazard ") were inserted into the ordinance. These definitions were not included in the proposed rule language because the terms are not used. Proposed changes not included in the proposed rule: • Time Sale Upgrade: The Board of County Commissioners discussed the feasibility of requiring upgrades at the time that property ownership changes. Because of issues related to putting this concept into practice, the proposal was rejected. March 19, 2008 Changes based on public comments on the March 2007 proposal: • Sewer: To ensure that the proposed rule does not eliminate the possibility of using existing state processes related to the expansion or creation of sewers, the revised proposed rule language (Proposed DCC 13.14.070) and revised staff report both identify the state rule process for expanding or creating sewers in rural areas as a viable option to using onsite systems. The County is working actively with DEQ /DLCD to: For more information: Phone: Barbara Rich, 541 - 617 -4713, E -mail: BarbaraR @co.deschutes.or.us Web: http : / /www.deschutes.org /cdd /gpp/ o Streamline land use review for the Goal 11 process o Draft policies and language to establish a Health Hazard Sewer Overlay Zone • Cost: The Board has established a Financial Assistance Advisory Committee to recommend how best to assist homeowners with the cost of using groundwater protection measures using an estimated $35 million of County -owned assets that are dedicated to this purpose. (Revised staff report, page 21) • Sewer district language /map conflict (Proposed DCC 13.14.020) o A conflict exists between the proposed rule language and the draft map proposed for Exhibit A to Resolution 2008 -21. The proposed language defines the affected area as, "those portions of Deschutes County contained in Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas within existing sewer districts." The map proposed as Exhibit A to Resolution 2008 -21 shows the city limits of La Pine as the same as the sewer district boundary, which is untrue. To resolve the conflict, staff recommends that the rule and staff report language, if adopted, be changed to read as follows (added text in underline): "South County" means those portions of Deschutes County contained in Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas within exk tang sewer districts or city limits. • Provision for other wastewater treatment approaches (Proposed DCC 13.14.070) o Added to allow alternative treatment techniques such as composting toilets or other systems that meet the groundwater protection goal but are not defined as an onsite wastewater treatment system or a sewer system. • Published reports: The staff report has been updated with information on USGS reports and a fact sheet published since March 2007. (Revised staff report, page 10) • High groundwater lots /Sunset clause: A sunset clause for siting standards has been added to highlight the County's commitment to investigating the potential for new development in high groundwater areas (groundwater Tess than 24 inches from ground surface). (Proposed DCC 13.14.030) • Compliance date: The staff report has been revised using reports published since March 2007 and provides additional information about the 10 -year timeframe for decisions. This compliance period will provide an extended time line during which residents may make decisions and plan for the approach they believe is best for them. (Revised staff report, page 19) Other changes: Additional grammatical and non - substantive changes to the revised staff report may be made while the written record is open. Staff will make any such changes as soon after the record is closed for verbal testimony as possible to ensure the public has as long a period of time to review these changes as possible. For more information: Phone: Barbara Rich, 541 - 617 -4713, E -mail: BarbaraR @co.deschutes.or.us Web: http : / /www.deschutes.org /cdd /gpp/ Response to Questions from the South County Financial Assistance Advisory Committee (FAAC) Based on Meeting with Board of County Commissioners (BOCC) June 30, 2008, La Pine Senior Center Questions Do nitrogen reducing systems need full -time residents in order to function? No in fact most systems can be shut down and restarted by the aint6tiance provider for seasonal residents in order to ensure good performance and Y{`~ energy. Did the model account for seasonal residents? Yes, the model actually reduces the pollution Toad in consideration of se' anal residents (if there is no resident in a house there is no pollution being discharged). The per ge of the population that is seasonal residents has changed from 1980 (about 46 %) to 4about 20 %). Do Orenco systems work in the snow? Yes, data from the La Pine National monstration Project show that AX -20 systems function well even in winter conditions. Repre . es from Orenco Systems, Inc. state that there are properly functioning systems installed ira t Yt9lumbia, Alberta, Pennsylvania, Michigan, Wisconsin, Rhode Island, Vermont, Colcado, rit,al) can have colder winters than Central Oregon. Were data from the monitoring wells in the sub- c zone used? Yes, the data from the sub -oxic wells was used, especially in the groundwater model. This is important information that tells us how the grourivater system may be able to clean itself over time once the pollution loading is reduced. What kind of repairs wo (W ger a system upgrade? Ordinance 2008 -019 a e proposed rule specify that upgrades will be triggered at time of major repair or major alt tion. For example, a major repair permit is required if the drainfield is no longer accepting sewn or is damaged. Replacing a steel tank is a minor repair and would not trigger a pgrade. The term "repair," including both major and minor repair, is defined in OAR 340 -07 1pq(125) ,. What kind of variance is °liable if an area is in the process of getting served by sewer? The proposed rule provides for a variance to the upgrade requirement if a failing system is in an area where sewer is available or will be available within five years. Judy Forsythe Page l of 1 We(7Te Mo1J From: "Judy Forsythe" <judybug7669@q.com> Date: Tuesday, July 08, 2008 4:46 PM To: 'Tammy Baney - Melton, COMMISSIONER" < Tammy_ Baney@co.deschutes.or.us>; "Dennis Luke, COMMISSIONER" ‹Dennis_Luke c@Dco.deschutes.or.us >; "Mike Daly, COMMISSIONER" <boarddco. deschutes. or. us> Cc: "Barbara Rich" <Barbara_Rich c@Dco.deschutes.or.us >; "Tom Anderson" ‹Tom Anderson@co.deschutes.or.us >; "Peter Gutowsky" ‹Peter Gutowsky @ co.deschutes.or.us >; Todd Cleveland" <ToddCcco.deschutes.or.us> Subject: Ask Barbara Rich about these three reports!! Commissioners: Please request a copy of the following reports (in blue) from Barbara Rich and please reVie.- before .;z E p , iote on _ c ai As per your decision at the hearing on 07.07.08 to accept written testimony until 10 a.m. on 07.09.08, l will be submitting a copy of page 65 of the USGS Report 03 -4195, and a copy of Figure 10 of the USGS Report 02- 4015 at the 07.09.08 Business Meeting at 10 a.m to be included in the written testimony. Page 65 of Report 03- 4195 states very clearly that models and simulations are not guaranteed to be construed to be scientific ,wv dependable. It was-admitted by Barbara Rich that the FINAL REPORT was based on simulations. This can only mean that the FINAL REPORT has been mis4abeied as being scientific. I have also- requested- a definition of what constitutes shallow and deep water. I- keep seeing references to water levels in the two foot below leach line levels'. Our well log shows the static level of our water at seventy five feet below ground level with no shallow water present: Figure 10 of the USGS Report 02 -4015 also shows that the flow of water under Newberry Estates ir; r,^, ^,;sanction "`i+h our well log is in , ?._ W2y 4,r;r -,no- cter-r' to any other to .c why is Ne . b9* ry Ec* ie4 in"lurfi.d in ihici nears.? Alen you will find that David Morgan is the co-author of all of these reports. You may alc, wont to review the GROUNDWATER HYDROLOGY OF THE UPPER DESCHUTES BASIN IN OREGON REPORT # 004162 for further information on the subject. A letter, as I understand, would be added to the hearing testimony, whereas a statement from staff cannot be considered as an official part of the testimony. Under those circumstances, I request this letter be added to the public testimony of last evening. I wilt also bring a copy of this and attachments to the 07.09.48 Business Meeting and turn them in before the 10 am hour. Sincerely, Monte Harmon LaPine resident, registered voter and taxpayer of Deschutes-County 7/!x/2008 Simulation of Regional Ground -Water Flow in the Upper Deschutes Basin, Oregon U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY Water- Resources Investigations Report 03 -4195 Prepared in cooperation with OREGON WATER RESOURCES DEPARTMENT; CITIES OF BEND, REDMOND, AND SISTERS; DESCHUTES AND JEFFERSON COUNTIES; THE CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON; and U.S. ENVIRONMENTAL PROTECTION AGENCY Summary of Transient Ground -Water Discharge to Streams The transient model simulates the volumetric distribution and temporal variations in ground -water discharge to streams reasonably well. The match between simulated and measured volume of and varia- tions in ground -water discharge is somewhat depen- dent on geographic scale. Simulated and observed discharge fluxes and variations are most similar for streams that receive regional ground -water discharge. At smaller scales (as would be represented by first - order tributaries), geologic heterogeneities, topo- graphic complexity, and model discretization combine to reduce the accuracy of matches between observed and simulated discharge fluxes and variations. Nevertheless, simulated fluxes and variations are very close for certain small streams, such as Odell Creek. The fit between observed and simulated dis- charge fluctuations is also somewhat dependent on temporal scales. Overall, the fit between simulated and observed discharge fluctuations is best at decadal time scales, which reflect long -term climate cycles (such as droughts). The ability of the model to match the timing of annual fluctuations is somewhat limited by the time discretization, particularly the semiannual stress periods, as previously discussed. Transient Model Water Budget The transient model water budget can be evalu- ated by observing the instantaneous rates of various budget components at the end of each stress period (table 7 and fig. 41). The most noticeable feature of the transient budget is the way the ground -water system attenuates the wide seasonal and interannual variations in recharge. Recharge varies interannually by a factor of nearly 5 while stream discharge varies by a factor of only about 0.2 (which is consistent with streamflow measurements). The large swings in recharge are moderated by storage. During the wet winters of 1982 to 1984, it can be seen that large amounts of ground water go into storage (as the water table rises), and the amount of ground water going into storage during the winter exceeds the amount coming out of storage the following summers. This situation is reversed during the dry winters of 1990 to 1992, when little water goes into storage and a much larger amount comes out of storage the following summers (as the water table drops). The variation in stream discharge over the calibration period is consistent with observed variations in discharge of the Deschutes River near Madras. 65 The transient model water budget shows a cumu- lative reduction in ground -water storage of about 3.5 x 1010 ft3 (about 810,000 acre -ft) over the 197.5 to 1997 transient calibration period. This is equivalent to about 0.31 feet of water over the model area and is consistent with the water -level declines observed over most of the study area between the late 1970s and mid- 1990s. Model Limitations Numerical models of ground -water flow are only approximations of complex natural systems and, as such, have intrinsic error and uncertainty. Error stems largely from the fact that certain spatially variable properties, such as hydraulic conductivit) and stream stage, must be represented as uniform values in discrete model cells. Simplification can also occur at larger scales within a model, as is the case here, where hydraulic conductivity is represented is uniform in zones composed of multiple model cells. Model uncertainty stems from random error in the field measurements used for model calibration, wl ich is translated through model calibration to uncertainty in the calibrated parameter values. Because of intrinsic error and uncertainty, th. fit between simulated and observed hydraulic heads and fluxes, described in previous sections, is not perfei ;t. For example, steady -state model head residuals ha, 'e a fitted standard deviation of 76 feet, and a root -mean- square (RMS) error of 78 feet. The RMS error for heads in the transient calibration is 89.6 feet. This error affects the differences between simulated ground -water elevations and stream elevations and, consequently, the spatial distribution of simulated ground - water /surface -water exchanges. The comp ori- son of simulated and measured stream gains and lo ;ses described in preceding sections, however, shows t Zat the model fit is reasonably good, particularly at scales larger than a few to several miles. At smaller scales, the fit is not as good. The numerical model also has certain error with regard to transient phenomena. This can also be evaluated by assessing the fit betty een simulated and observed variations in hydraulic head and discharge to streams. In general, simulated an 1 observed responses to regional stresses matched within a year or two. In the Redmond area, the me del fit between simulated and observed responses to siiort- term stresses, such as canal operation and irrigation, was good. Geologic Framework of the Regional Ground -Water Flow System in the Upper Deschutes Basin, Oregon onto h U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY Water- Resources Investigations Report 02 -4015 Prepared in cooperation with OREGON WATER RESOURCES DEPARTMENT; CITIES OF BEND, REDMOND, AND SISTERS; DESCHUTES AND JEFFERSON COUNTIES; THE CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF GREGO +V; and U.S. ENVIRONMENTAL PROTECTION AGENCY 44 °30' 44 °00 43 °30 122 °00' 76, o2 -vi. 121 °00' 4 Y Mill v, t OEMt Pass EnKenzie stet, H 20 ountain C4ina /� Hat {� tt 9 EXPLANATION —5000—Line of equal hydraulic head — Interval 200 and 400 feet. 4- Approximate direction of regional ground -water flow --- Geologic fault o Field- located well 0 5 10 MILES. 0 5 10 KILOMETERS 17 21 22 23 24 25 Figure 10. Generalized lines of equal hydraulic head, ground -water flow directions, and major tectonic structures in thl upper Deschutes Basin, Oregon. (Head contours from Gannett and others, 2001) 17 .11013Y 9;, 22(010)8 (Coffromniissssiiconnerirss mneeettiimg; !SSoiuitlhr +Cco►uunity (Cirr oiutmcdl Wattterr ]P'rrotteccttiioint ]P'rroggrratmu Lcac;aall ]Riudie ]Dcecc;is;ico,m Commmmiissssiiornterrr 11Wlliiker ID)a l3y We ,airier linearize ttocd;ai3q to) ;nntatlkce, ra. cd(erc;iis ;ito)m omt �wvlhtertth EaL llocc;atl rrlullce tto rregiutilrte, cczuurrrermtt rrersiidlcemit:s, (o;f: Souttl ltco iulp)grrna(dle tlhieiirr Iczutrrrrermtt s elpitiicc s3Yssttfemn.s, tto at mce,vs lb)3Y tthier (D)rre gio)m ID►E1Q;. T>~lluiis; iiss 831M rattttenmpt. tto 1p)rce�v� wv>lniicrlir rrrn(osstt rressiicdiemitts; io)fr;S>oiuttlht ]Dte;s ;c lfaluit(e;s; (Comm waiter ificcosnnt 1b)eiimlg; ccco)mtta mniimraitcecdi.. lEm 11902 2 . -ra . sttuudiyr , wvrats; +dlomter +o)m ttlnee acglutiifferrr lb)em(e;ai alma (of ttlh(e; cc;iit3Y' (oif :IL.atlpuntie. That ;sttiutdl3y rrew(e;a)Ile;cd um. gtr(onum(dlwvraatterrr 1uuncdle;rrl..yriimg, tthlce, ccco)rrer ;alma off Lail ]In 1.9:f8(6i„ ttIhce; Laalpiimter ic,oiree atrrrraL was s(e1vw(e.rrerdl.. Iinl .199944 (Orrog;om vntcrre;aa:siimg 1rniit nattce,11 IL�aip)iimce aurcerat. T wco) :y'eraurss hatter itlhter 1Ccotutmit y IRtercccc rre;giico)rnatll jp)rrolbilceznnt 5s o 1 vriims; gtrrauntt lfthotnnt ]D]L(C:ID) 't(( 1ptrcoib)llemnss Farm l l erwaalhu;att(e; solutions.. lilt 'w/rats ∎ diotttrrnmiimcecdi 1 tlhtattt ce)xclprauucdiimlg ltlhter ; scerwvwerrr ; s itco+ 3 2 8(010(0 ipserr lhtoui sceilmcollcdl and the piuilnlliic; 'was; rr at ;scenkwerrr ;s,yrsstterrrrn.. ?N1ce(ecdlllersss t(o) ;s;at3y„ itlhte; c;osstt today 1vwto)urllcd Iprrcolb)E.lbl11y 1b)e nnwi clhr Innto)rre.. Ilm 11 999 1LDI Q tr(ecc,e;iivrecdl ;aL 5;.5; rnniilllli(o)m cdcoilllawr go IE nvlirrcomme mit:ail 1Ptrtottcercttito)m )gceimc Y tto $ttucd1y 1tll model the aquifer and field test nitrogen reducing onsite systems. Nine years later, the results of that study are in. The testing has been done by the USGS, peer reviewed, and onsite systems from all over the world have been tested as to their ability to treat nitrates. Since the results of the testing have been released, the Deschutes County Commission staff have drafted a proposed local rule. We have had numerous public hearings and work sessions on this rule and after taking public testimony, modified the proposed rule to what we have today. We removed the Due on Sale clause, removed the emergency clause, and added four years to the date all systems need to be upgraded to a total of fourteen years instead of ten. We added a hardship clause for those who could not afford to upgrade their systems so nobody would be exposed to the possibility of loosing their homes because of this added burden. We also have a pot of money dedicated to help low income people to upgrade their systems and appointed a committee of Lapine Citizens to advise us on how we should spend that money. We have worked on this hand in hand with Citizens from South County and have taken most of their suggestions and modified the proposed rule to accommodate their concerns. The time has come to make a decision. Our Criminal Justice system uses the words, "BEYOUND A REASONABLE DOUBT" as a measure on whether or not someone is convicted of a crime. I have applied this same standard in making my decision today. I have listened to the Scientists from USGS and sat through a presentation given by them of their findings. Although their presentation was technical in nature, I was convinced beyond a reasonable doubt that there was a great potential that if nothing was done to reverse the trend, the aquifer in South Deschutes County would be contaminated sometime in the future. There comes a time in every politician's life when a tough decision has to be made. To vote to pass this local rule would in all probably cost me a large number of votes in the upcoming election. It would be easy to say, we do not have enough information to go forward with this, and I would be a Hero. I am not the type of person to do something that is politically correct rather than what is right. I have been convinced beyond a reasonable doubt and I have a decision to make. I will be voting to pass the local rule currently before us today. Mike Daly Deschutes County Commissioner Model and probability factor Page 1 of 2 Barbara Rich From: Barbara Rich Sent: Wednesday, July 09, 2008 8:20 AM To: Dave Kanner Cc: Dan W Haldeman; George Read; Peter Gutowsky; Todd Cleveland; Tom Anderson Subject: FW: Model and probability factor Attachments: S_deschutes_graph.PDF; Pages 56 -57 from sir2007- 5237.pdf; Pages35 -36 from sir2007- 5237.pdf For the Record. I have also attached the pages that Dave Morgan references below. BCC: The Board Barbara Rich, REHS Deschutes County Env. Health 117 NW Lafayette Ave. Bend, OR 97701 541 - 617 -4713 FAX 541 - 385 -1764 BarbaraR @deschutes.org http : / /www.deschutes.org /cdd /gpp/ - the Groundwater Protection Project From: Dave Morgan [mailto:dsmorgan @usgs.gov] Sent: Tuesday, July 08, 2008 5:31 PM To: Barbara Rich; 'Steve Hinkle' Cc: 'Dave Morgan' Subject: RE: Model and probability factor Hi Barbara, I cannot conceive of how a "probability factor" analogous to a weather prediction could be assigned to the model for the South County area. However, I think I understand the question behind the question. Quantifyi ig the uncertainty in model predictions is an area of active research as models are being used more frequently t 3 support complex resource management and protection decisions. I'll give you my perspective on how to think about uncertainty as it relates to the South County model. By the way, much of material in this email is in our report on the model (Morgan and others, 2007: pages 35- 36, "Comparison of Simulated and Measured Nitrate Concentrations" and pages 56 -57, "Limitations and Appropriate Use of Models "), but I have summarized it here and provided a graphic that I hope will better illustrate the agreement between modeled and measured nitrate concentrations for the 40 -year period we used to test and verify the model. Simply put, the best way to assess the reliability of the model for predicting future nitrate concentrations is o look at how well the model simulates past concentrations. During development and testing of the model, w(. simulated the 1960 to 2000 period and compared statistics for simulated concentrations at 1,398 locations ii the model with statistics for 1,681 well measurements. The attached graph shows how the statistics of the mod(, led 7/9/2008 Model and probability factor Page 2 of 2 concentrations at the end of the testing period (2000) compared with those of the measured data. Ten percent of modeled nitrate concentrations were greater than 6 mg /L and ten percent of well concentrations were greater than 4.0 -4.5 mg /L. The mean of modeled concentrations was 2.0 mg /L compared to mean well concentrations of 1.6 mg /L. This agreement increases confidence that the primary processes affecting the fate and transport of nitrate in the ground -water system are represented in the simulation model. Even though the model does not simulate concentrations at individual wells, it is a useful tool for assessing the effects of on -site systems on average ground -water nitrate concentrations at the scale required for evaluation of management alternatives for protecting ground -water quality. To summarize, the model does a good job of matching the mean concentrations for the past, and unless there are significant future changes in the hydrology, geology, or chemical processes that control nitrate fate and movement, the model should do an equally good job of predicting mean concentrations for future scenarios. Best regards, Dave Morgan David S. Morgan U.S. Geological Survey Oregon Water Science Center 2130 SW 5th Ave. Portland, OR 97201 503.251.3263 503.251.3470 FAX dsmorgan @usgs.gov From: Barbara Rich [mailto: Barbara _Rich @co.deschutes.or.us] Sent: Monday, July 07, 2008 8:26 PM To: Dave Morgan; Steve Hinkle Subject: Model and probability factor Hi Dave and Steve, There was a question at tonight's hearing about the probability factor of the model because it is a predictive model. The example used was there's a 10% or 90% chance of rain tonight. I.e. what is the probability that the model predictions are accurate? I explained how the model was calibrated against reality and did an extremely good job. The Board wants to know by Wednesday at 10:00. Hopefully they will make a decision then. Barbara Rich, REHS Deschutes County Env. Health 117 NW Lafayette Ave. Bend, OR 97701 541 - 617 -4713 FAX 541 - 385 -1764 BarbaraR @deschutes.org http : / /www.deschutes.org /cdd /gppj - the Groundwater Protection Project 7/9/2008 Comparison of statistics for modeled and measured nitrate concentrations for the year 2000. 10 Nitrate concentration, mg /L S 90th percentile (10% of concentrations greater than this value) f-7 1 Mean Model simulated ODEQ data 7 Real Estate data 50 40 LL E 30 0 20 10 0 0 o -10 w cc -20 30 4120 • • • t • • I 1 1 I I • • • • • • • • s• • •• •• se •• • g• •••4• • 4 • • • • • • •• • • • •s7• • • • • • • • • • • •t • • 4140 4160 4180 4200 4220 4240 4260 4280 OBSERVED HEAD, IN FEET ABOVE NORTH AMERICAN DATUM 1983 4300 Figure 13. Simulated head residuals and observed heads (June 2000) from the La Pine, Oregon, study area. was small (1.3 ft3 /s) and was from a few isolated stream reaches where simulated heads were less than the specified stage of the stream. Because the simulated system is assumed to be at steady state (no long -term change in storage), total discharge is equal to recharge. Ground -water discharge to streams accounts for 67 percent (39.5 ft3 /s) of total discharge. Simulated discharge to the Little Deschutes River is 15 ft3 /s which is within the range of 7 to 20 ft3 /s expected on the basis of measured discharge (table 4). Simulated ground- water discharge to the Deschutes River was 12 ft3 /s and was consistent with measurement data for reaches upstream of river mile 199.7. Downstream of river mile 199.7 on the Deschutes River and on the Fall River, most ground -water discharge emanates from the large springs where basaltic rocks are in contact with the lower permeability alluvial sediments. Recharge by subsurface inflow to the basaltic rocks that feed these springs was not simulated in the study -area model. The simulated discharge to ET of 16 ft3 /s fell within the estimated range of 10 -20 ft3 /s and was distributed within the floodplain, where shallow water -table conditions persist through the dry months (fig. 10). Comparison of Simulated and Measured Nitrate Concentrations The study -area transport model simulates nitrate concentrations in ground water and in ground -water discharge to the near- stream environment. Simulated concentrations are averages for the 500 -ft wide by 500 -ft long by 5 -ft thick model cells. With cells covering nearly 6 acres and minimum lot sizes of 0.5 acre, each cell can contain as many as about Nitrate Fate and Transport Simulation Models 35 10 homes. Nitrate data collected for this study from closely spaced sampling locations near the Burgess Road transect model (Hinkle and others, 2007a) indicate that even in mature, high - density residential areas, nitrate plumes have not coalesced to a great degree, and concentrations are highl> variable at the scale of an individual model cell. Because of the high variability of nitrate concentrations in a cell, concentrations at individual wells cannot be simulated with the study -area model. The inability to delineate the edges of, and concentrations within, individual solute plumes is a limitation of transport models at the watershed scale. This limitation does not affect this study because the information from the model is intended to help understand and predict water quality conditions at scales larger than individual plumes or wells; however, it does limit the degree that measured nitrate concentration data from wells can be used for direct comparison with simulated concentrations. To assess of the ability of the study -area model to represent the primary processes that affect nitrate movement in the ground -water system, the statistical distribution of simulated nitrate concentrations was compared with distributions for two sets of measured nitrate concentrations from wells. The first measured dataset was from a synoptic sampling of 192 wells in June 2000 by ODEQ (Hinkle and others, 2007a). Only data from the 109 wells where ground water was oxic (dissolved oxygen concentration was greater than 0.5 mg /L) were used in the comparison because denitrification has been shown to be an important process where ground water is suboxic (Hinkle and others, 2007a). The second observed dataset was collected under a program administered by Oregon Department of Human Services Health Division (DHS), which requires that water from domestic wells is tested whenever a property is sold. Nitrate analyses from 1,572 such tests were available for homes in the La Pine area (Rob Keller, ODEQ, written commun., August 2006). The DHS data were collected from 1989 to 2004. Dissolved oxygen concentrations are not analyzed as part of the DHS program so it was not possible to discriminate we1L- that pump from the suboxic part of the system. The simulated nitrate concentrations used for comparison were from the end of the simulation period (1999) and were taken from 1,398 cells randomly selected from locations where active on -site wastewater systems existed. Only cells that contained oxic ground water were selected (because suboxic cells would have simulated concentrations of zero by default) and more than one cell could be selected from more than one layer in the same row /column. The statistical distributions of measured nitrate concentrations and the simulated concentrations are similar (fig. 14). The maximum simulated nitrate concentration was 29 mg N /L, with a mean of 2.0 mg N /L, and a median of 0.8 mg N /L, and 10 percent 36 30 25 20 15 10 5 0 NITRATE, IN MILLIGRAMS N PER LITER Evaluation of Approaches for Managing Nitate Loading from On -Site Wastewater Systems near La Pine, Oregon Oregon Department of Environmental Quality data n =109 Simulated n= 1,3913 Department of Human Services data n =1,572 EXPLANATION n =109 Number of observations 90th percentile 75th percentile Mean Median 25th percentile 10th percentile o Sample not included in the 10 -90 percentile range Figure 14. Measured and simulated nitrate concentrations in the La Pine, Oregon, study area, 1999. of concentrations greater than 6 mg N /L. The maximum of the ODEQ June 2000 synoptic nitrate concentration data was 26 mg N /L, with a mean of 1.6 mg N /L, and a median of 0.3 mg N/L, and 10 percent of concentrations greater than 4 mg N /L. The maximum of the DHS real estate nitrate concentration data was 22 mg N/L, with a mean of 1.6 mg N/L, and a median of 0.5 mg N /L, and 10 percent of concentrations greater than 4.5 mg N /L. The primary difference in the three nitrate concentration distributions was the slightly greater proportion of high values in the simulated concentration distribution. This difference is likely due to simulated values being sampled from the entire thickness of the oxic part of the system, including cells near the water table where nitrate loading occurs and concentrations are greatest. Samples from the measured datasets were collected from wells where the screened intervals typically were below the water table and would be less likely to include water with high nitrate concentrations. Good agreement between the summary statistics of the measured and simulated nitrate concentrations (mean, median, 90th percentile, and maximum) indicates that the simulated mass of nitrate in the ground -water system at the end of the 1960 -99 period, is similar to the mass indicated by available sample data. This agreement increases confidence that the primary processes affecting the fate and transport of nitrate in the ground -water system are represented in the simulation model. Even though the model does not simulate concentrations at individual wells, it is a useful tool for assessing the effects of on -site systems on average ground- water nitrate concentrations at the scale required for evaluation of management alternatives for protecting ground -water quality. The spatial distribution of simulated nitrate concentration at the water table in 1999 is shown in figure 15 and closely mirrors the locations of on -site wastewater systems (fig. 1). The effect of ground -water movement on nitrate concentration is evident where areas of high concentration are elongated parallel to the primary directions of ground -water flow, such as immediately south of Burgess Road. The effect of denitrification on the simulated distribution is evident where concentrations sharply decrease along easterly ground -water flow paths that terminate at the Little Deschutes River, such as in central T21S R1OE (fig. 15). The sharp concentration gradient is coincident with an area where the oxic part of the system decreases in thickness (compare fig. 8). This decrease, along with the downward component of advective transport, forces a large fraction of the nitrate in the system to be transported into the suboxic zone and lost to denitrification. At the end of the simulation period (1999), the rate of nitrate (as N) loading to the ground -water system was 82,000 lb /yr (37,000 kg /yr). The simulated rate of denitrification in the suboxic part of the system was 31,000 lb/ yr (13,900 kg /yr) and the simulated discharge of nitrate to the near- stream environment was 8,000 lb /yr (3,650 kg /yr). The remaining 43,000 lb /yr (19,400 kg /yr) was added to storage in the shallow ground -water system. Nitrate added to storage increased the mean concentration in the ground -water system from essentially zero in 1960 to a mean of 2 mg N/L in 1999. Management Scenario Simulations Simulation models often are developed with the goal of using them for predicting future effects of management strategies. The study -area model was initially used in what is referred to as a trial- and -error prediction mode. In this mode, future scenarios are designed in which the nitrate loading input to the model is varied according to a hypothetical set of management strategies that could be imposed. The locations and rates of loading over time are specified as input to the simulation model and the model predicts the resulting distribution of nitrate concentrations in the aquifer and the discharge of nitrate to the streams. The scenario results then are compared to assess whether management strategies succeeded in meeting water- quality goals. This is referred to as a trial- and -error procedure because often many simulations must be made to find management strategies that meet water quality goals. The results of the scenario simulations are presented here for later comparison to results of the simulation - optimization approach. 56 Evaluation of Approaches for Managing Nitate Loading from On -Site Wastewater Systems near La Pine, Oregon 200 cm cc � W ("1=150 occ W W cc z2100- oa arc O CD o a Y 50 cc z 0 50 cr • 40 wcc 2 W C' W - 30 1.7 a cr 20 (.9J ▪ M 10 0 a 46 mg /L systems Status quo (Scenario 1) 30 mg /L systems Optimal 20 mg /L 10 mg /L 2 mg /L solution systems systems systems (Scenario 3))Scenario 5))Scenario 7) Figure 27. Comparison of loading and water quality between optimal and nonoptimal management scenarios for the La Pine, Oregon, study area. Limitations and Appropriate Use of Models The transect and study -area simulation models were developed to generate a better understanding of the fate and transport of nitrate from on -site wastewater systems at multiple scales. The study -area model also may be used to help evaluate alternative options for management of nitrate loading from on -site wastewater systems. Limitations of the modeling software, assumptions made during model development, and results of model calibration and sensitivity analysis all are factors that constrain the appropriate use of these models and highlight potential future improvements. A simulation model is a means for testing a conceptual understanding of a system. Because ground -water flow systems are inherently complex, simplifying assumptions must be made in developing and applying model codes (Anderson and Woessner, 1992). Models solve for average conditions (for example, head or nitrate concentrations) within each cell using parameters which are interpolated or extrapolated from measurements, and (or) estimated during calibration. Practical limitations on model size, and hence minimum cell size, are imposed by the size and speed of available computers. More commonly, however, it is the availability of data to define the system that limits the scale and accuracy of the model. In light of this, the intent in developing the simulation models was not to reproduce every detail of the natural system, but to portray its important characteristics in sufficient detail to provide a useful tool for testing the conceptual model and evaluating alternative management options. Simulation Models The study -area simulation model is a decision - support tool for evaluating the effects of wastewater management alternatives on ground -water and surface -water quality at the neighborhood to watershed scale. The study area and transect models are not capable of simulating nitrate concentrations at individual wells; however, the transect model (which has more than twice the lateral resolution of the study -area model) has sufficient detail to approximately simulate the location of nitrate plumes. The ground -water flow system was assumed to be at steady- state, meaning that the velocity and direction of ground -water flow did not change with time. Water -level variation occurs seasonally and over the long term in response to stresses like climatic variation. The variation can change the velocity, and possibly direction, of ground -water flow over periods ranging from hours to years depending on the cause; a change in river stage might affect the system for hours to days whereas an extended drought might have effects that last for months to years. These changes in the flow system could have effects on the fate and transport of nitrate not represented by the simulation models. The simulation models are designed to evaluate the long -term effects of options for management of nitrate loading. The models should not be used to evaluate short-term changes without considering the possible effects of changes in the ground -water velocity distribution from the steady -state conditions represented in the models. The location of the boundary between the oxic and suboxic parts of the ground -water system was mapped based on dissolved oxygen concentrations in 256 wells sampled as part of a synoptic sampling of private wells by ODEQ and Deschutes County in June 2000. Because denitrification is assumed to occur at the oxic - suboxic boundary and nitrate concentration below the boundary (in the suboxic zone) is specified as zero, simulated nitrate concentrations near and below the boundary are sensitive to location. Uncertainty in the boundary location will result in uncertainty in simulated nitrate concentrations. The distribution of wells used to map the boundary was generally good for a study area this size, however, the boundary location is less certain in some areas. For example, there were fewer wells available to constrain the location of the boundary near the margin of the model area and near streams. In these areas, model results should be evaluated with respect to the effects of uncertainty on simulated nitrate concentrations. The ground -water discharge to evapotranspiration process is simulated by the study -area model and accounts for the mass of water lost from the system where deep- rooted plants extract ground water for transpiration and where ground water is shallow enough to be evaporated from bare soil. Plants also may take up nutrients dissolved in ground water; however, the rate of uptake is highly variable and poorly understood in non - agricultural settings. Nutrients and other solutes are not removed by evaporation and this process results in concentration of solutes in ground water. For this study, there was no basis for partitioning the mass of ground water discharged by ET into its transpiration and evaporation components and it was assumed that no nitrate was taken up with the mass of water discharged by ET. This assumption may bias simulated nitrate concentrations toward high values in areas where ET is a significant part of ground -water discharge. Management Model Because the NLMM was developed using optimization methods with the study -area simulation model, the NLMM is subject to the same limitations listed for the study -area model. However, additional factors should be considered when using the management model that relate to how the management problem is formulated. The sensitivity analysis of the NLMM presented in this report illustrates how closely optimal solutions are tied to the definition of the management problem. The NLMM solutions were shown to be highly dependent on the value of the maximum nitrate concentration constraint and on the number, location, and depth of specified constraints. Assignment of the constraints is an important part of developing a strategy for protecting ground -water resources. The management problem for this study was formulated with the objective of minimizing the amount of reduction in nitrate loading that would be required to meet specified water - quality goals within management areas. Management area boundaries were defined using the township and section lines of the Public Land Survey System (PLSS) and included areas ranging from 160 to 640 acres. The management -area boundaries do not coincide with the hydrologic, geologic, and geochemical boundaries that control the nitrate loading capacity of the system. The loading capacity for some management areas may be strongly controlled by loading in part of the area close to where constraints were specified. Large differences in computed optimal reduction requirements can occur across management -area boundaries even though there may be little difference in lot densities, recharge, depth of the suboxic zone, or other factors that affect loading capacity. Users of the NLMM need to be cognizant of the effects of problem formulation on results and interject knowledge of on- the - ground conditions when using model results to support management decisions. Summary and Conclusions 57 Summary and Conclusions Ground -water is an important resource in the rural communities of southern Deschutes and northern Klamath County, near La Pine, Oregon. The primary aquifer, and only source of drinking water to about 14,000 residents, comprises alluvial sand and gravel deposits within 100 ft of land surface. Nearly 60 percent of residential lots are less than 1 acre and almost all homes use on -site wastewater disposal systems. Nitrate concentrations greater than the U.S. Environmental Protection Agency drinking water MCL of 10 mg /L were discovered in the oldest developed part of the area in the late 1970s and elevated concentrations have subsequently been detected in more recently developed areas. In 2000, nitrate concentrations greater than 4 mg N/L were detected in 10 percent of domestic wells sampled by Oregon Department of Environmental Quality. Because of concern for the vulnerability of the ground -water resource, the Oregon Department of Environmental Quality and Deschutes County, in cooperation with the U.S. Geological Survey, conducted a study to develop a better understanding of the hydrologic and chemical processes that affect the movement and fate of nitrogen within the shallow aquifers of the La Pine region. Simulation models were used to test the conceptual understanding of the system and were coupled with optimization methods to provide a management model that can be used to efficiently evaluate alternative approaches for managing nitrate loading from on -site wastewater systems. The geologic, hydrologic, and geochemical frameworks for the conceptual and numerical models were developed using several data sources including previous hydrogeologic and water- quality studies in the area, an associated, large - scale field experiment evaluating advanced treatment on -site wastewater systems, literature for similar studies in other areas, and extensive field data collection for this study. The primary aquifer in the study area is composed of complexly interbedded fluvial silt, sand, and gravel deposits. A three - dimensional hydrofacies model of the fluvial system was created with transition probability geostatistical methods using parameters derived from analysis of two- dimensional lithologic sections and lithologic data from more than 400 drillers' logs. Five hydrofacies were included in the final model: clay -silt, sand, gravel, lacustrine clay -silt, and basalt. Mean annual ground -water recharge to the alluvial aquifer is 3.2 in/yr, primarily from infiltration of precipitation and snowmelt. Ground -water discharges to streams, springs, and wells, and by evapotranspiration. The water -table generally is within 5 -20 ft of land surface and varies seasonally over a range of a few feet in response to recharge and changing stream stage.