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HomeMy WebLinkAboutTumalo Trail Documents MEMORANDUM To: Board of County Commissioners From: Peter Russell, Senior Transportation Planner Date: March 26, 2013 Re: Tumalo Trail cultural historical resources issue and possible next steps Background Deschutes County adopted the Transportation System Plan (TSP) Update in 2012 after extensive public outreach. The TSP Update has Policy Bike/Ped Policy 15.3(o) to pursue grants to build a trail between the unincorporated community of Tumalo and the Tumalo State Park. The County also adopted Tumalo Community Plan into the County’s Comprehensive Plan in 2010 following a long public outreach program. The Tumalo Community Plan includes Open Space and Recreation Policy No. 11 to establish a multi-use trail system from Tumalo State Park to Tumalo. This trail is consistent with Bend Metro Park and Recreation (BMPRD) and City of Bend vision of a Deschutes River Trail (DRT) between Sunriver and Tumalo. To implement this policy and vision, the County’s Community Development and Road Departments applied for a grant in 2012 to plan and build this multi-use trail. Oregon Parks and Recreation Department (OPRD) awarded Deschutes County and the local Oregon Parks and Recreation Department office a $184,000 Regional Trails Program (RTP) grant to build the trail. The County and OPRD will provide a match of roughly $100,000 of combined in-kind services and $32,000 in cash from OPRD. The proposed $285,000 Tumalo Trail would be located on the west bank of the Deschutes River, linking the south end of Riverview Avenue in Tumalo and the north end of the Day Use Area in Tumalo State Park. The roughly 1-mile trail would be entirely on public land. Included in the Tumalo Trail is a paved section 8 feet wide and about 2,500 feet long (slightly less than a half-mile), extending from Riverview Avenue then passing underneath the US 20 bridge with a connection to O.B. Riley Road. The remainder of the trail would be an improved aggregate surface trail varying in width from 2 to 4 feet and continuing for 0.64 miles to the day use area. US 20 in Tumalo has relatively high speeds and daily traffic volumes approaching 12,000 vehicles. The paved segment linking OB Riley to Riverview would afford cyclists and pedestrians a grade-separated path. Tumalo residents support the trail for its economic 2 development potential by improving non-motorized access to Tumalo State Park. Yet, the paved path and its routing have proved problematic. Critical issues Staff can expand on these issues at the work session, but basically the issues boil down to two related topics that revolve around archaeological resources. Can the paved portion of the Tumalo Trail avoid identified archaeological and/or cultural- historical sites? Can the County and OPRD afford to build the paved portions of the trail in the manner the State Historic Preservation Office (SHPO) has required? Avoiding cultural historical sites SHPO oversees lands to ensure historic and archeological sites are protected as required by state and federal laws. A review by Salem SHPO staff revealed there are two archaeological sites in the SHPO database, 35DS947, which is along US 20 to the west of the river, and 35DS321, which is upstream of the bridge and south of private residences that abut Knife River’s complex. (See enclosed map.) In a June 14, 2012, letter SHPO wrote that the trail’s route needed to be surveyed for archaeological sites. Neither the County nor regional OPRD had budgeted for a field survey based on our earlier understanding the probability maps did not depict any fatal flaws. OPRD only has one archaeologist on-staff for the entire state, but she was able to fit this unanticipated task into her workload. The OPRD archaeologist walked the site in late July/early August and prepared a report by October 2012, which was appreciated. The OPRD field survey led to an Oct. 30, 2012, letter from SHPO describing the sites found and proposed construction materials and techniques; further testing would be required for Site 35DS321. The letter said no ground disturbance could occur at either site. Another option presented in this letter was to re-route the trail north of Site 35DS321 on an existing gravel road. Unfortunately, the right of way for the gravel road has been vacated, which would place the trail on private land. County staff on Oct. 30, 2012, raised concerns about whether the paved trail was now feasible given the SHPO response. County Planning and Road Department staff along with regional OPRD staff met with SHPO and OPRD Salem staff on Nov. 19 to discuss the issue. Road Department staff surveyed an alignment of the Tumalo Trail and prepared draft plans which were sent to SHPO on Feb. 20, 2013. The County’s understanding after the Nov. 19 meeting was to present more precise alignment of the trail instead of the broad concept shown in the grant application. The Regional OPRD office would fund testing of the area around Site 35DS321 up to $5,000 to see if the alignment could be environmentally cleared by SHPO. In a March 5, 2013, e-mail, SHPO again objected to the alignment and proposed an unsurveyed alternative south of Site 35DS321, but north of a third site, 35DS1925. County staff is doubtful the paved portion of the trail can be routed to miss all the archeological sites. County staff would also point out this second alternate route has not been field surveyed for cultural resources and could very well have lithic scatters identified by the summer 2013 fieldwork, essentially putting the County in the same bind again. 3 Can the County/OPRD afford to build the paved portion of the Tumalo Trail in the manner prescribed by SHPO? In both Oct. 30 and Oct. 31, 2012, letters SHPO requires ground not be disturbed, that geotextile cloth be used, and then the resource capped by rock. The budget for Tumalo Trail did not include such extensive work. County staff shared those concerns with SHPO at the Nov. 19, 2012, meeting in Salem involving SHPO, OPRD, and the County. Road Department staff discussed the costs for staging and constructing the paved portion of the trail with local contractors to get a sense of whether the project was physically possible. In general, while physically possible the costs of paving the trail would rise dramatically. There would also be cut and fill operations on the north side of US 20 as the trail passes from underneath the highway to Riverview Avenue in Tumalo. The trail would go on some ground that was disturbed with the construction of the US 20 bridge, but would also go across land that has not been disturbed. SHPO would also require a monitor to be on-site during construction in case any significant archaeological or historical artifacts appeared, the operation could be shut down before the artifacts were destroyed or damaged. Again, the grant did not anticipate this expense. Options Planning and Road Department staff has met internally and with regional staff from OPRD. Presented below, in no order of preference, are potential next steps. Staff has summarized the major plus and minus of each approach. Staff recommends the fourth bullet (make all of trail soft surfaced) be the County’s course of action. Terminate paved trail just south of US 20 bridge to avoid disturbing identified cultural resources site. o Plus: Site 35DS321lies undisturbed. o Minus: Creates a paved path to nowhere as connection to O.B. Riley is lost, which was the County’s main goal to provide. Route paved portion of Tumalo Trail to an existing gravel road that connects to OB Riley Road. o Plus: Site 35DS321 lies undisturbed. o Minus: Gravel road is on private property as the County vacated the right of way. SHPO proposed alternate routes to OB Riley. o Plus: Misses known cultural resources. o Minus: Routes still need to be surveyed and there is no guarantee the proposed alternate routes would not also have cultural resource issues. In other words, the routes proposed by SHPO do not have environmental clearance. Abandon the paved trail aspect and connection to OB Riley, making the entire trail soft- surfaced. o Plus: The connection to Tumalo would be made and the trail would become an Oregon State Parks project completely. o Minus: Road bikes would still have to cross US 20 or walk their bikes on the soft path. 4 State Parks builds the section from the gravel road south to the day use area, leaving the connection to Tumalo unimproved. o Plus: The bulk of the trail would be constructed. o Minus: Still results in a trail to nowhere. Request SHPO come up with funds necessary to test site immediately and clear it prior to construction. o Plus: No cost to County. o Minus: Doubtful SHPO will have the necessary fiscal resources. Contact Regional Trails Program (RTP) grant administrator to see if funds can be carried over into another cycle and have OPRD work to get lands cleared by SHPO. o Plus: No cost to County. o Minus: No guarantee funds would be carried over plus loss of another construction season. Continue pursing paved trail on proposed alignment. o Plus: No need to resurvey or redesign costs. o Minus: No guarantee trail is feasible from a SHPO standpoint. General timeline for Tumalo Trail grant application process Please find below a summarized version of major milestones in the development of the Tumalo Trail and the wending through the RTP grant process. Oct. 27, 2011 - County sent a letter of intent to OPRD that the County and regional OPRD would apply for a RTP grant. Jan. 13, 2012 – Formal grant application submitted, which includes review by various state agencies, including SHPO. April 24, 2012 – County Engineer George Kolb and Senior Transportation Planner Peter Russell travel to Salem to give oral presentation to the grant review committee. June 14, 2012 – Letter from SHPO to RTP identifying two archaeological sites, 35DS947 and 35DS1925, and the need for a cultural resources survey. July 31-Aug 1?, 2012 – SHPO performs cultural resources survey Oct. 30, 2012 – Letter from SHPO indicating no ground-disturbing activities can occur at either site and geotextile cloth and capping the resource must occur at both sites Oct. 30, 21012 – E-mail to SHPO regarding work restrictions beneath US 20 bridge Oct. 31, 2012 – Second letter from SHPO relaxes requirements for work done underneath US 20 bridge, but not elsewhere along the terrace abutting US 20 or the site south of the bridge. Nov. 19, 2012 – Meeting in Salem with OPRD Salem and Regional staff, SHPO, and County staff regarding generalized trail alignment, potential further testing, and alternate routes 5 December 2012-February 2013 – Road Department surveys Tumalo Trail for precise alignment and prepares design Feb. 20, 2013 – Road Dept. design sent to SHPO. March 5, 2013 – SHPO responds unfavorably to surveyed alignment March 14, 2013 – County staff meets with OPRD regional staff to discuss next steps Enclosure: SHPO air photo of proposed Tumalo Trail, affected sites, and alternate route June 14, 2012 letter from SHPO to OPRD Oct. 30, 2012 letter from SHPO to OPRD Oct. 30, 2012 e-mail from Peter Russell to OPRD Oct. 31, 2012 letter from SHPO to OPRD CIApproximate Park Boundary ~Site-poly (previously Documented) • Site-point; Isolated Occurrence (p reviously Documented) Alternative Route for Subsurface Testing Subsurface Testing Area OREGON STATE mSTORIC PRESERVATION OFFICE ARCHAEOLOGICAL SERVICES TlIIs product Is for Informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying 01530 60 90 120 purposes. Users 01 this information ~review or c:onsuIt the •• MetersprimaIy data and information IOIItCH to aaC«tain the usability of lila information. Parks and Recreation Department -Oregon State Historic Preservation Office 7~St.mQ:Pet St~Sre CJohn A. lGtzhaber, MO, Governor Salem, OR 97301-1266 (503) 986-0671 October 30,2012 Fax (503) 986-0793 www.oregonheritage.org Mr. Mark Cowan OPRO 725 Summer St NE STB C Salem, OR 97301 RE: SHPO Case No. 12·0806 RTP Grant· Tumalo Section Proj FOFlconstruction of paved trail Deschutes Counly/OPRD 16S 12E 6117S 12E 7, Bend, Deschutes County Dear Mr. Cowan: Our office has received a preliminary summary of a survey that was conducted for the proposed trail section noted above. My earlier letter commented on the presence of two known archaeological sites within the proposed trail route. The recent survey confirmed the presence of both sites within the project area while finding no additional sites. In order for the proposed project to go forward steps need to be taken to address both known sites. A summary of options is included below. I. Site 35DS947 is a prehistoric lithic scatter that extends along the entire stretch of Highway 20. Our office believes that the project can proceed through this site if the entire area along Hwy 20 where the trail is to be built is covered by a geotextile cloth and than capped by rock with the trail being built on top ofthe rock base. No ground disturbing activities can take place along the highway in this portion of the proposed trail. The proposed trail clearing and grubbing can not take place as outlined in the grant proposal nor can informational kiosks be constructed within the site if any excavations are necessary. 2. Site 3SDS32 I is located near the southern end of the proposed trail. No work can be conducted in this portion of the proposed trail without subsurface testing first occurring in order to determine the integrity of the site and the potential adverse effect that will occur from the proposed activity. For the trail to be constructed in the south either of two options need to be completed. These include: 1) subsurface testing will be needed in the portion ohite 3SDS321 that can not be avoided by the proposed trail. Only after examining the results of such investigations can we discover if the site is eligible for the National Register andlor if capping of the site is possible; or 2) the trail can be rerouted north ofthe site, as recommended by the State Parks' archaeologist Nancy Nelson, through private Jand. However, this portion of land has not been surveyed for cultural resources and site 3SDS321 may extend within it. A cultural resource survey will be needed for any alternative routes prior to approval of the proposed project. If the project proponent decides that capping ofsite 3SDS947 and rerouting of the southern portion of the trail, after the completion and approval ofa cultural resource survey, is the preferred option, a professional a:rchaeologist needs to be on site to monitor all ground disturbing activities. Due to the importance of lands along the Deschutes River to past area inhabitants and the location ofthe known sites, the presence of tho monitor is required in order to insure that if any a:rchaeologieal material is discovered during project construction activities all work can stop and the discovery can be assessed for significance. State statutes (ORS 358.905 and ORS 97.740) protect archaeological sites, objects, and human remains on both state public and private lands in Oregon. I hope that by providing the above recommendations, damage to any a:rchaeologicaJ sites in the area of the proposed project can be avoidl'd. If you have any questions reprdina·the applicant's need to complete the additionalproposcd ·work (e•••jadditionaJsurvey ortestina) . and hire an archacololist to monitor all around diaturbinl activities, or wish any additional information about the above comments, feel free to contact the SHPO of'fKle at your convenience. In order to help us track your project accurately, please be sure to reference the SHPO cue number above in all com::spondcncc. Sincerely, ! .~fJL Dennis Griffin, Ph.D., RJ(j7 -..­ State Arehacololiat (503) 986-0674 dennis.piffm@statc.or.us I -Oregon John A. Kit;/'J1,aber, MO, Governor October 31, 2012 Mr. Mark Cowan Parks and Recreation Department State Historic PresenTation Office 725 Summer St NE, Ste C Salem, OR 97301-1266 (503) 986-0671 Fax (503) 986-0793 www.oregonheritage.org OPRO 725 Summer St NE STE C Salem, OR 97301 RE: SHPO Case No. 12-0806 RTP Grant -Tumalo Section Proj FOE/construction of paved trail Deschutes County/OPRD 16S 12E 6117S 12E 7, Bend, Deschutes County Dear Mr. Cowan: Many thanks for the additional infonnation regarding the above project. In talking with you I understand that a portion of the proposed project is to excavate soils along a lower terrace adjacent to the Deschutes River. This area is below the terrace where site 350S947 is located and has already been severely impacted from both bridge construction and river erosion. Our office sees no problem with trail development activities occurring in this area without any need to have the area covered by a geotextile c10th or gravel base, Those restrictions were directed only along the terrace that follows Highway 20. Work beneath the bridge will not affect any archaeological resources as long as al excavation activities will stay away from the bank itself, beneath the bridge, where an archaeological site component may exist. I understand the terrace edge is located north of the area to be impacted so there should be no problem with trail development under the bridge. As noted in my letter yesterday, the other provisions that I outlined for the project remain in place. These included: 1) capping of site 350S947 along Highway 20, and 2) either testing of site 35DS321 to determine its eligibility and level of effect from the proposed project or rerouting the project away from the site area and having a cultural resource survey completed for this new route. State statutes (ORS 358.905 and ORS 97.740) protect archaeological sites, objects, and human remains on both state public and private lands in Oregon. I hope that by providing the above recommendations, damage to any archaeological sites in the area of the proposed project can be avoided. Ifyou have any questions about the above comments, feel free to contact the SHPO office at your convenience. In order to help us track your project accurately, please be sure to reference the SHPO case number above in all correspondence. Sincerely, D~iSGri=:I~ State Archaeologist (503) 986-0674 dennis.griffin@state.or.us , Parks and Recreation Department f-Oregon State Historic Preservation Office JDhn A. Kitzhabl!r, ~D, Governor 725 Sununer St NE, Ste C Salem, OR 97301-1266 (503) 986-0671 June 14,2012 Fax (503) 986-0793 'WWW.oregonheritage.org Mr. Mark Cowan Nop-;reOPRD HfiSTORY DUcC'Very725 Summer St NE STE C Salem, OR 9730 I RE: SHPO Case No. 12-0806 RTP Grant -Tumalo Section Proj FOE/construction of paved trail Deschutes County/OPRD 16S 12E 611 7S 12E 7, Bend, Deschutes County Dear Mr. Cowan: A search through the SHPO archaeological database has revealed that there two reported sites (350S947 and 350S 1925) in the area of the project referenced above. It is important that a cultural resource survey be conducted to identify the location, boundaries and significance of any cultural remains within the project area prior to any land disturbing activities. We recommend that the area be examined by a professional archaeologist, prior to development, to determine if cultural materials are present. A list of possible archaeological consultants can be found at our website (www.oregonheritage.org) . on the Archaeological Services web page under the Publications section. State statutes (ORS 358.905 and ORS 97.740) protect archaeological sites,objects, and human remains on both state pubHc and private lands in Oregon. I hope that by providing the above recommendations, damage to any archaeological sites in the area of the proposed project can be avoided. If you have any questions regarding the applicant's need to hire an archaeologist, or wish any additional information about the above comments, feel free to contact the SHPO office at your convenience. In order to help us track your project accurately, please be sure to reference the SHPO case number above in an correspondence. Sincerely, State Archaeologist (503) 986-0674 dennis.griffin@state.or.us Bonnie Baker From: Peter Russell Sent: Wednesday, March 27, 2013 8:27 AM To: Bonnie Baker Subject: FW: Tumalo Section Proj -SHPO Review Here's the vaulted e-mail Peter Russell Senior Transponation Planner Deschutes (})unty (})mmunity Development Dept. 117 NW Lafayette Ave. Bend, OR 97701 ph: (541) 383-6718 FAX (541) 385-1764 From: Peter Russell Sent: Tuesday, October 30, 2012 3:03 PM To: 'Mark Cowan'; Ross Kihs ee: George Kolb; Peter Russell Subject: RE: Tumalo Section Proj -SHPO Review Hi, Mark, Thanks for the repon; many of the conclusions make sense and! or could be easy to comply with, but not all. The SI-ll?O repon raises a couple of questions as to whether the project can even proceed. To get the required clearance under the highway could require ground disturbance and minor cut and fill operations and! or a retaining wall. The sensitivity of Site 35DS947 appears to make those activities problematic based on the supplied map, although perhaps it's just a question of scale. Maybe we can squeeze or work in on the downstream side as the worst of the clearance deficiency is on upstream or south side of the bridge. It does seem odd that ODOT can build a highway bridge with columns and abutments through here with no difficulty and we're challenged to get a bike/ ped trail built in the same general area. Ahem, I digress. 1 14$."0 J f...,~n'~~~""'~II!.t)1""ild, ,""""",f4II',eo-,'JI:II'!'.~",<+!'''''M ,j~"l'f~1II 4111 I\ua"",,~) ;\W¥4iW9",*,,4$4$i'(~~'lnI'lN~jlJII"'~ 1!fl1'1"1!!N~ ;041*,"', »biW¥t¥.;;~.... ",a(8'W~ • iii IIIW o;~"'_1Ii ,,+ .~ 9Al~~~' ttl.,;] LA' 44A49f. 4t4" But let's assume we can find a way to clear the hurdles identified by SHPO. The obvious question is do we have a spitball estimate of what either of these options might cost? A traffic study I could give you a an idea of the top of my head and George can give you general paving costs off the top of his. Cultural resource surveys and going rate for an archaeologist on-site, not so much; that's outside our experience. ;-) Do either you or Ross have an idea? My own two cents would be is doesn't make much sense to go into the realm of acquiring private lands as that intent of the project was to avoid ROW purchases or easements by staying on State land. Thanks. Peter Russell Senior Transponation Planner Deschutes County Community Development Dept. 117 NW Lafayette Ave. Bend, OR 97701 ph: (541) 383-6718 FAX (541) 385-1764 From: Mark Cowan [mailto:mark.cowan@state.or.us] Sent: Tuesday, October 30, 2012 2:20 PM To: Peter Russell; Ross Kihs Cc: George Kolb SUbject: Fwd: Tumalo section Proj -SHPO Review Hi Ross & Peter­ RT12-014 Tumalo Section SHPO Case# 12-0806 Attached you will find a Preliminary Summary, including a map, of the archaeological survey recently conducted on the Tumalo section project site. The summary offers a directive for one site and options for the second site. After review, please let me know if you have any follow-up questions. 2 Thanks. Nark Cowan Grant Program Coordinator Oregon Parks and Recreation Dept. 725 Summer st. NE Suite C Salem, OR 97301-1266 mark.cowan@state.or.us 503-986-0591 www.oregon.gov/OPRD/GRANTS/index.shtml 3