Newsletters

LCOG Monthly Newsletter Volume XVII, September 1994, No. 9

State and Corps Approve West Eugene Wetlands Plan
by Steve Gordon

On September 8th, Gary Gustafson, Director of the Division of State Lands (DSL), signed the final order approving the West Eugene Wetlands Plan. On September 9th, Steven Stockton, Chief of the Planning and Engineering Division of the Portland District, Corps of Engineers, signed the final decision document approving the Plan. This is a milestone for this project for two reasons: (1) It caps almost six years of work in resolving the west Eugene wetlands issue-work on the Plan began in January 1989; and (2) It is the first local "wetland conservation plan" to be approved by DSL under a 1989 wetland act-a first for Oregon. The Plan was submitted to DSL and the Corps on October 1, 1993. Action by the U.S. Environmental Protection Agency on the Plan is expected later in September. An action by the Corps approving an expedited federal wetland permitting process is also expected later in September.

Under the DSL program, the City will be able to approve wetland fill permits at the Permit and Information Center (PlC) in accordance with the Wetlands Plan and the conditions of the DSL permit. The City is expected to assume that authority in early 1995.

The advantages of the DSL and Corps actions are several:

  • These actions reinforce the partnership among Federal, State and local governments. The Plan was not mandated by U.S. or Oregon law; it was initiated by the City Council. The DSL, Corps, and EPA offered staff support and expertise through the Technical Advisory Committee. These State and Federal actions show trust in a local government in a major water resources program. This is a model for reinventing government. By working together, local citizens gain, and state and national interests are protected.

  • The Plan protects the most valuable wetlands. Federal and State recognition of the local plan reinforces the commitments to conserve the prairie wetlands (a scarce plant community), rare plants and animals, wildlife habitat, urban open space, and many diverse values of natural areas. Human appreciation of these resources through education and low impact recreation are side benefits.

  • The Plan reflects multiple use values. Wetlands play a significant role in the city's storm system, in flood control, and in purifying water. The Federal and State programs and the local Plan are in concert in recognizing certain wetlands as having high value in this regard.

  • The Plan and Federal and State approval add more certainty to decisions in west Eugene. Where development can take place, and where wetland considerations remain has been defined more clearly.

  • The wetland permitting process can flow more efficiently. For wetlands where owners cooperated and development is slated, the PIC will be the place to go to obtain a State wetland permit, which enables developers and owners to deal with local officials. A draft local wetland permitting procedure was approved by DSL as part of its action. If the permit sought is consistent with the Plan (designated for "development"), the developer/owner will no longer have to justify the need to fill or to study alternatives. The fill action is allowed. Action later in September by the Corps is expected to streamline the Federal wetland permitting process in west Eugene.

  • These approvals recognize the mitigation bank proposed by the City. Through restoration and enhancement of wetlands, the City will build credits in its mitigation bank. These actions will improve the environment, and will provide a benefit to developers. When developers come to the permit center to seek a fill permit, the law requires compensation for the loss of wetlands. Rather than having to buy a restoration site, hire experts to design and build wetlands to mitigate, the developer can purchase mitigation credits. When there are excess credits in the bank, it can assist in fulfilling needs out side the west Eugene area, such as the airport.

  • This approval furthers the West Eugene Wetlands Plan as a model for other communities. Enhancing the environment is one of the Eugene City Council's major goals for 1995-96; a goal which will add to making the community a livable place.

Congratulations to the City of Eugene for its planning efforts. These Corps and DSL actions move the City further into its wetland implementation program. These Federal and State actions will now allow the City to begin final review of draft ordinance changes to protect wetlands and other water features in west Eugene.

Source: Scanned from Report R25, page 23.