Report 4

MAY 2, 1992 PUBLIC WORKSHOP SUMMARY AND ATTACHMENTS
Section 6

 

Bureau of Land Management
West Eugene Wetlands Project
Acquiring Property for Public Purposes
 

The Acquisition Process

THE WEST EUGENE WETLANDS PROJECT

In the mid-1980s, the City of Eugene began a process to resolve apparent conflicts between industrial and commercial development and the remnants of natural wetlands in west Eugene. With major funding from the U.S. Environmental Protection Agency, the City and the Lane Council of Governments carried out the West Eugene Wetlands Special Area Stndy and published a Draft Plan in March 1991. Among many other recommendations the Draft Plan proposes the acquisition of wetlands, lands that are suitable mitigation sites, and uplands along stream channels that would connect the wetland areas.

In 1991, Congress appropriated funds to the Eugene District of the Bureau of Land Management (BLM) to implement the acquistion phase of the project. BLM procedures allow for acquisition of private land from willing sellers.

The West Eugene Wetlands Project entails the acquisition and management of wetlands and other connected open spaces for a variety of public purposes.

The acquired public lands will:

  • Provide a more natural system for water quality enhancement, stormwater and flood control.

  • Provide habitat for sensitive plant and animal communities, including rare species.

  • Provide new opportunities for the recreational and environmental education needs of the community.

ACQUISITION PHASE

BLM procedures allow for acquisition of private land from willing sellers. Before purchase, a site specific evaluation of the property would occur. If the property includes wetland resources suitable for protection or restoration, and if the property is slated for purchase from a willing seller, an appraisal and a negotiated sales agreement would be completed between the owner and the BLM.

METHODS OF ACQUISITION

  • Fee Purchase
  • Land Exchange
  • Land Donation
  • Conservation Easement

PURCHASE ACQUISITION PROCESS

  1. Landowner Contact
    Initiated by the Landowner or the BLM
  2. Permission to Enter Upon the Property
    Granted by the Landowner
  3. Site Specific Evaluation for Suitability for Protection or Restoration
    Performed by Natural Resource Specialists
  4. Location Analysis
    Property Lines Identified by Surveyor
  5. Hazardous Materials Survey
    Performed by BLM Specialist
  6. Request Title Report
    Prepared by BLM Realty Specialist
  7. Appraiser Inspection
    Inspected by the Landowner and Appraiser
  8. Appraisal Review and Approval
    Reviewed by BLM’s State Office Appraiser
  9. Negotiate and Make Offer
    BLM Realty Specialist
  10. Landowner Acceptance and Option Signed
    Landowner
  11. Preparation of Deeds
    BLM
  12. Preliminary Title Review and Approval
    Reviewed by Department of the Interior Solicitor
  13. Clearance of Title
    Landowner and BLM
  14. Order Payment Check
    BLM
  15. Warranty Deed Signed
    Landowner and Accepted by BLM
  16. Final Title Review and Approval
    Reviewed by Department of the Interior Solicitor
  17. .Closing
    Landowner, BLM and Escrow Agent
BLM MISSION STATEMENT

The Bureau of Land Management is responsible for the balanced management of the public lands and resources and their various values so that they are considered in a combination that will best serve the needs of the American people.

Management is based upon the principles of multiple-use and sustained yield; a combination of uses that takes into account the long-term needs of future generations for renewable and non-renewable resources. These resources include recreation, range, timber, minerals, watershed, fish and wildlife, wilderness and natural, scenic, scientific and cultural values.

U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
EUGENE DISTRICT
WEST EUGENE WETLANDS PROJECT
751 S. DANEBO
EUGENE, OREGON 97402
503-683-6413

5/1/92

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WHAT ARE WETLANDS?

Simply stated, wetlands are areas where water exists at or near the surface of land, in sufficient amounts and periods of time, to create conditions where only specially adapted plants can grow. The abundance of water and plants attracts a wide variety of wildlife, providing shelter, food, breeding and nesting areas. These special conditions results in an environment equal to tropical rain forests in producing organic material. The official state and federal definition of wetlands states:

Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Three factors are normally required for an area to be considered a wetland:
  1. Soils - Wetland type soils, called hydric soils, must exist - an official list of hydric soils exists for Oregon.

  2. Water - Surface or ground water (hydrology) must exist to either flood the surface or to saturate the upper 18 inches of soil (the root growing zone) for at least ten consecutive days during the growing season to support wetland type plants. An area can be wet in the spring and dry in late summer and still be considered a wetland.

  3. Plants - Wetland plants, called hydrophytes, must predominate the ground cover; an official list of wetland plants exists for Oregon.

There are some exceptions to the above definition where human activity, such as farming, may have removed the plants. Such areas may still be regulated state and federal wetlands, but are not easily identifiable by non-experts. During the past two years, the definition of agricultural wetlands has undergone considerable change and debate. That debate continues in 1991.

Among wetland types are the following:

Estuarine This type includes deep water tidal areas and adjacent tidal areas where ocean and freshwater mix.
Riverine These include channels or streams of moving water.
Lacustrine These include flooded lakes and reservoirs, and
Palustrine These include marshes, swamps, bogs, ponds, and prairies or wet meadows. This type also includes forested wetlands dominated by such trees as ash or willow, and shrub-scrub wetlands dominated by low brushy wetland plants such as spiraea.

SCG:2/91

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WHY ARE WETLANDS IMPORTANT?

Source:L-COG,1989

What is a Wetland?

Wetlands are unique areas! What makes them unique is the presence of water and the effect the water has on helping to create one of the most productive ecosystems in the world. Because wetlands are either covered or saturated with water for at least part of the year, soil conditions are created that help produce a wide variety of plants that are uniquely adapted to aquatic conditions. Some wetlands are easy to identify, such as the area north of Highway 126 by Fern Ridge Reservoir. This site has an abundance of water and water-loving plants, such as cattails and willows, that are typically found in marshy conditions. There are other types of wetlands that are not as easy to recognize, such as the wet prairie grassland areas north of West 11th and west of Danebo Street.

A site must have the necessary amount of water (hydrology), type of soil (hydric), and type and amount of aquatic plants (hydrophytes) before it is considered a "regulated" wetland by the Environmental Protection Agency (EPA).

Why are Wetlands Important?

More plant life per acre is present in wetlands than in other North American environments. Since wetlands are so productive, they provide valuable habitat for wildlife and plants and improve water quality by filtering the water passing through. They control flooding by providing an outlet for floodwaters. Wetlands also serve as an educational and recreational resource for biologists, birdwatchers, hunters and others.

Why is Wetland Development Regulated?

Development in wetlands is regulated to help preserve their important functional and biological values. It is estimated that over half of the wetlands in the United States which existed at the time of European settlement were lost by 1975, with many more acres drained, dredged or filled since then. Federal legislation places some wetlands under the joint authority of the Army Corps of Engineers and the EPA. This legislation gives these federal agencies the responsibility of regulating dredge and fill activities in certain wetlands to minimize the amount of wetlands lost to development. The State of Oregon also regulates fill and removal activities in wetlands through programs administered by the Division of State Lands.

Why are Wetlands an Issue?

As a result of studies showing the importance of wetlands and their loss due to development, the federal Clean Water Act was amended in 1977 to expand the definition of wet areas which are regulated. The EPA administers the Act, and through an interagency agreement relies on the Army Corps of Engineers to administer the Act's permit and enforcement provisions. A 1977 presidential order further defined the intent of the Act.

Following amendment of the Act, it took time to prepare regulations, familiarize people with them and awaken the rest of the country to the increased importance of wetlands. Most major wetlands issues were initially based on the east coast. In the Pacific Northwest, the Seattle and Portland areas have been leading the way in dealing with wetland issues.

Locally, wetlands were not an issue during preparation of the Metropolitan Plan in the late 1970s. In fact, the National Wetland Inventory of potential wetlands in Eugene was not completed until 1983. Awareness of wetlands increased following a 1985 application for a permit to fill a pond at a local shopping center. By 1987, State agencies required the metropolitan area to show an increased commitment to wetland areas. That commitment is expressed in a Plan policy stating:

Local governments shall develop policies and local controls for protection and management of wetland areas by completion of the next Metro Plan Update.

In 1987 work began on updating the areas wetland data base, and the widespread existence of wetlands in West Eugene became known. Because there are a large amount of wetlands in West Eugene, the Special Area Study process was created to develop solutions to wetland concerns.

Wetlands issues are not unique to Eugene or Oregon. Many developers in the Puget Sound area must obtain federal wetlands permits in order to develop. The EPA is supporting detailed wetland studies throughout the country in order to promote early identification of wetland areas and to develop well-planned solutions to wetland issues. Eugene has received EPA funding to assist with a portion of the West Eugene Wetland Special Area Study.

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