Exhibit A
Ordinance 193
~ Findings Of Fact
Printable
file
Background
1.
Dunes
City
encompasses lands bordering three lakes as well as several streams.
Little
Woahink
Lake
, a small lake, drains into
Woahink
Lake
, which drains into
Siltcoos
Lake
. They are reported in
Lane
County
's Coastal Water Supply Study as being important sources of water,
including ground water recharge, for the entire area south of the
Siuslaw
River
.
2.
The surface and groundwaters of
Dunes
City
are at risk for contamination as
designated by Oregon Department of Environmental Quality. Source
water
assessment studies have specified that lands within 1,000 feet from
streams and lakes
as sensitive areas needing protection because of high soil erosion
potentials, high runoff potentials, and high permeability soils.
3.
In the Source Water Assessment for
Dunes
City
,
Siltcoos
Lake
is listed at high risk for turbidity
because of “siltation and algae blooms that are both currently causing
problems with water filtration.”
4.
Changes to Siltcoos and
Woahink
Lakes
have been noted in various studies, including a 1999 study by the U.S.
Forest Service,
Siuslaw
National Forest
which states: “If nutrient levels continue to increase relatively unchecked by
State or County officials, problems such as those in
Tenmile
Lake
south of this watershed will begin to take place. In
Tenmile
Lake
, toxic algal blooms (Microcystis) have made water unsafe for drinking or
recreation during certain times of year with uncertainty of its long-term
effects on public safety and the viability of local tourism.”
Also,
Tenmile
Lake
is the subject of Oregon Health Division health hazard advisories.
5.
Input of excess nutrients is almost always associated with human
activity. Nutrients are in
Dunes
City
soils and are released or added through human activity, including soil
disturbance associated with new developments. Nutrients enter surface
waters and ground waters and ultimately flow to wetlands or lakes. They
enter these critical areas either in solution in water or attached to
sediments. Sediments moving downward to wetlands or lakes can smother
life-forms that beneficially uptake these nutrients and can transport the
nutrients directly into lake waters.
Water Quality Concerns –
Woahink
Lake
6.
A 2001 Portland State University Study notes: “Erosion in the watershed
contributes sediment to the arms of the lakes. Continued high sediment
loading to
Woahink
Lake
will eventually lead to changes in the lake trophic state and degradation
of water quality.”
The study further notes that there are “Critical Problems to
Address" and that in Woahink Lake, this includes “nutrient loading
to the lake to prevent further increases in productivity and the potential
for hypolimnetic dissolved oxygen depletion that could lead to
irreversible degradation of the lake.”
7.
Little Woahink
Lake
drains through an important inventoried significant wetland directly into
Woahink
Lake
. It has been documented that the construction of a road located adjacent
to Little Woahink Lake in the fall of 2005 and early 2006 produced
pronounced erosion, pools of muddy water at culvert locations, and
sedimentation flows down the roadside, into the lake and adjoining
wetland. The sedimentation from this construction, was so severe that
residents downstream in
Woahink
Lake
had water filters literally clogged with sediment as a result. Any
worsening of
Woahink
Lake
waters will impact
Siltcoos
Lake
waters since Siltcoos receives all the flows from
Woahink
Lake
.
Water Quality Concerns –
Siltcoos
Lake
8.
The waters of
Siltcoos
Lake
are impaired and at risk. Siltcoos fails certain water quality standards
and has been listed as an impaired water body under Section 303(d) of the
Clean Water Act. It is listed under Record ID 2773 in DEQ's Water Quality
Limited Database and DEQ's TMDL Documents as impaired for "aquatic
weeds or algae."
9.
The 303(d) listing of
Siltcoos
Lake
will involve various state agencies and other jurisdictions in
establishing a water-quality implementation plan to reduce nonpoint
nutrient pollution. These plans will consider the cumulative impact from
all nutrient sources including pollution sources from the City.
Further,
Siltcoos
Lake
was found to have the highest concentrations of chlorophyll-a, total
nitrogen, total phosphorus, and the lowest clarity among the 5 coastal
lakes studied in 1996 by Dr. Richard Petersen,
Portland
State
University
.
10. The
Council notes that state-wide Goal #6, requires that, "All waste and
process discharges from future development when combined with discharges
from existing developments shall not threaten to violate, or violate
applicable state or federal environmental quality statutes, rules and
standards."
Soil Erosion and Sediment Control
11.
“When left uncontrolled, large amounts of soil and other
small particles collectively called sediment can move off of construction
sites along with other attached pollutants. By volume, sediment is the
greatest pollutant entering our surface waters, and causes multiple
problems. Sediment buries plant and animal habitat critical to healthy
streams, lakes, and wetlands. Sediment that remains suspended in the
water column reduces water clarity, inhibits aquatic plant growth, lowers
the esthetic and recreational values of water resources, and makes it
difficult for some fish to find food. Suspended sediment increases
the solar heating of water, scours aquatic life in streams, and clogs the
gills of fish and aquatic insects. Warm water holds less oxygen than
cooler water (oxygen is vital to aquatic animals) and increased water
temperatures are stressful to coldwater fish such as trout.
Particulate-bound nutrients, such as phosphorus delivered to surface
waters by eroded soils, often causes algal blooms and alterations in the
food chains, which further reduces the quality of these water resources.”
12.
“Natural
vegetation is remarkably effective at filtering contaminants before
they reach water bodies or seep into the ground water. It can also
slow the speed of runoff to prevent erosion.
Vegetative measures capitalize on these abilities to promote
filtering or infiltration of wastewater. They are often used to mitigate
the damage caused by runoff. Examples include constructed wetlands,
vegetated buffer strips along shorelines, or grassed swales or depressions
that collect runoff, encourage infiltration, or reduce erosion.
Some of these practices may be imposed by local ordinances or
health
regulations.
Regulations can be an effective way to control certain activities
in source water protection areas. Construction and operating standards may
be imposed to reduce threats to water supplies from some activities.
Without appropriate erosion and sedimentation control
(ESC) measures, construction activities can contribute large amounts of
sediment to storm water runoff.
Ordinances
can require plan reviews of construction activities to ensure that erosion
is minimized, or require ESC measures during construction. Inspections and
repairs will maintain the working order of ESC measures.”
Conclusions
1.
Dunes
City
’s primary ordinance 154.05 lacks prohibitions against soil erosion as
well as meaningful and clear standards or mechanisms to prevent, limit or
control surface erosion. There
are no provisions for effective site review or erosion plans. The
ordinance does not prevent erosion, it merely declares erosion
"detrimental" in certain instances. In all instances where
erosion remains on the lands of the project owner it is not even
"detrimental.”
2.
Residential development in Dunes City under existing regulations
and absent a more specific erosion control ordinance will harm water
quality, cause substantial
harm to Dunes City, and represent a great risk of uncertainty to property
owners in the future.
Source
Water Protection, Best Management Practices and Other Measures for
Protecting Drinking Water Supplies, U.S. Environmental Protection
Agency, August 2002