NWS13: The Register-Guard, Eugene, Oregon, Sunday, November 12, 1989
By ANN PORTAL
The Register-Guard
Local officials are asking Gov. Neil Goldschmidt and the Oregon
congressional delegation for help in determining whether the federal
Environmental Protection Agency intended to impose wetlands laws on
agricultural lands.
John Lively, executive director of the Eugene-Springfield Metropolitan
Partnership Inc., said Goldschmidt told local officials during a visit to
Eugene last week that he is seeking clarification from the EPA on the
apparent shift in policy.
Agricultural lands until now were exempt from most wetlands regulations,
including obtaining permits to build on such sites, called for by the
federal Clean Water Act of 1972.
A Lake Oswego consulting firm and local officials have concluded, and
federal officials so far agree, that a new federal wetlands field guide
issued this year appears to classify as wetlands agricultural areas that
previously would not have been considered wetlands.
Lively said that if the EPA confirms that agricultural land falls under
the regulations, "there's no question the state will be very aggressive in
getting the policy changed, because obviously it has very long-range
impacts for the whole state of Oregon, let alone west Eugene."
Biologists previously had identified about 765 acres of industrial land in
west Eugene as wetlands. Because of the new definition including
agricultural lands, that estimate has jumped to between 2,300 and 3,100
acres.
Eugene's wetlands problem is one of the most critical in Oregon at the
moment, because the city invested $12 million in sewers and streets in
west Eugene, expecting it to be the home of new industry.
That was before the city knew about the wetlands, which are subject to
federal regulation because of their environmental values. They serve as
habitat for unique wildlife and plant species, provide flood control and
improve water quality.
Because of huge wetlands losses as a result of development earlier this
century, the federal government now requires permits from the EPA and U.S.
Army Corps of Engineers before development can occur on those lands.
It requires developers to replace each acre of wetlands they develop with
new wetlands elsewhere, a costly process called mitigation.
Presentation of a map showing tentative boundaries for wetlands in west
Eugene--including newly charted agricultural wetlands--will be part of a
public workshop to be held Wednesday night.
The third of five forums on the west Eugene wetlands, the workshop will
provide information on a study of the west Eugene wetlands being conducted
by Scientific Resources Inc. of Lake Oswego. The workshop will be held
from 7 p.m. to 10 p.m. in the Ernst Block Room of the Eugene Community
Conference Center, 66 E. Sixth Ave.
Participants in the workshop will be asked to fill out a survey giving
their positions on a number of wetlands issues.
Steve Gordon, senior program manager for the Lane Council of Governments,
said it's crucial for members of the public to be involved at each step as
the city plans how to protect the most significant wetlands areas in west
Eugene while retaining sites for industrial development. A draft report is
expected by next July.
The new federal field guide--the result of a national forum on wetlands
held last year--does not come right out and say that wetlands regulations
apply to agricultural lands, Gordon said.
The field guide was an attempt to resolve longstanding disagreements
between the Corps of Engineers and the EPA over how to define wetlands.
The two agencies jointly administer wetlands regulations at the federal
level and wanted to adopt a single definition.
"It's real complex, but (the field guide) does list some pretty clear
indicators of hydric (wetlands) conditions," that would include many
agricultural lands, Gordon said.
Federal and state officials, in a recent tour of west Eugene, confirmed
that they saw agricultural sites that met the test for wetlands
protection, he said.
City and Lane Council of Governments officials said they object to federal
agencies changing wetlands definitions without engaging in public debate
on the potential effects on landowners and local governments.
"I think they're trying to amend the (wetlands) definition through the
back door. That's what upsets us the most," Gordon said.
The federal government previously had looked for the presence of three
conditions in identifying wetlands.
Those included areas inundated with water at least part of the year and
with plants and soils specific to wetlands areas.
Under the new field guide, lands may qualify as wetlands based on their
soil type alone. That means that while crops such as corn and grass seed
may have wiped out native wetlands plants, the land still falls under
federal protection if it has wetlands-type soil, Gordon said.
SRI has spent the past several months refining the findings of Esther Lev,
a Portland biological consultant who in December 1988 for the first time
established the general boundaries of wetlands on west Eugene industrial
parcels.
Using the field guide, SRI has drafted "much more precise" boundaries for
the west Eugene industrial wetlands, Gordon said.
Source: The Register-Guard, Eugene, Oregon, November 12, 1989