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Indecent
Proposal Near the point where the Fern Ridge bike path meets Greenhill Road sits a controversial field of thistle, blackberry and native plants. As local activist Mary O'Brien steps off the pavement into the head-high grasses, hundreds of small birds take flight, blending easily into the spitting gray sky. Her jeans and blue fleece are soaked by the time she reaches the confluence of Greenhill Tributary and Amazon Channel, which runs along the southwestern edge of the property.
O'Brien points across the channel to Dragonfly Bend, a restored and protected portion of the West Eugene Wetlands, and asks why the land she stands on should be treated differently than its counterpart on the south side of the water. She's upset about Redmond developer Hayden Homes' proposal to build a 187-lot housing complex over 12 acres of upland prairies and 22 acres of the functional, but disturbed, wetlands north of the channel — one of the West Eugene Wetlands' largest proposed developments in recent history. Although less than 1 percent of the Willamette Valley's wetlands remain intact, much of that threatened ecosystem is just four miles from downtown Eugene, making the wetlands vulnerable to development pressures despite their federally protected status. And although Eugene was recently crowned as the nation's greenest mid-sized city, it is the state, not the municipal government, that has temporarily blocked Hayden's proposal. This August, the Oregon Department of State Lands (DSL) rejected Hayden's request for a permit to fill most of the wetlands on its 43-acre property, which sits between Royal and Barger Avenues. According to the denial letter, Hayden did not sufficiently consider alternatives nor provide a compelling public need for the subdivision, among other issues. Since then, Hayden has been working with regulators and private citizens to put forth a more acceptable proposal, which the DSL received in mid-September. "The issue is less whether the site will be subject to development than when it will be subject to development," read Hayden's application. David Cady, Hayden's director of land development, feels that considering the city's traffic and development plans, building houses in this area is the best use of the degraded wetlands. The city has granted tentative permission for the construction of Meadow View subdivision so long as Hayden tidies up a few details and secures permits from the DSL and the U.S. Army Corps of Engineers (whose decision is pending). In the meantime, Hayden is exercising its right to appeal the original decision, a process that could drag on for more than six months and that provides additional opportunity for citizen involvement. The final decision will define the lay of the land for many years to come.
Spotting a Wetland Some locals might have trouble identifying the rare natural resource in their backyard. The wetlands act as a sponge, soaking up and filtering impurities and pollution from our 50-odd inches of annual rain. A bird's-eye view shows how the clay-heavy soil, formed by years of saturation, causes the water to pond up, providing habitat for water-loving species like the endangered Willamette daisy. Because they hold water for extended periods, the wetlands reduce the chance of floods. Many people visit the wetlands regularly as they walk, bike and rollerblade on the Fern Ridge path through the restored Meadowlark Prairie. Thousands of participants have explored the wetlands and upland prairie through the West Eugene Wetlands Education Center (see sidebar). The wetlands house the endangered Fender's blue butterfly, while the upland prairies, just a few feet higher than wetlands, are the preferred habitat for the threatened Kincaid's lupine, the only plant on which the butterflies will lay their eggs. The West Eugene Wetlands are also home to Wal-Mart, Target, Hynix and many other businesses and residences, disguising the presence of this rare ecosystem. Some of those who live in west Eugene are familiar with the inconveniences of living in a disturbed wetland. Kathryn Laird, a neighbor of the proposed subdivision, wrote a comment to the city and the DSL describing how, when digging to repair sprinklers, she found standing water just inches below the surface on a 96-degree day. She worries that the Meadow View development will funnel more water into her yard.
Growing a subdivision You may have seen the ads on LTD buses with images of Hayden Homes subdivisions, lights shining invitingly into the twilight. Or perhaps you're familiar with one of the developer's many housing projects throughout Oregon and Washington, including plans for a 500- to 600-unit development in Veneta. Hayden submitted the original fill application for Meadow View to the Army Corps and DSL in 2005 under the assumption that 2.2 acres of wetlands existed on the 43-acre property. Since then, an additional 29 acres of wetlands have been identified on the site. Although wetlands are classified through a process examining soil, vegetation and native species, this science is only one piece of the puzzle. In many ways, politics determine what makes a wetland. In the case of the Hayden property, additional acres were classified as wetlands due to a 2001 switch in DSL and Army Corps regulations recognizing prior converted cropland as wetlands. The first delineation took place before the rule change and Hayden's ownership of the property. This discovery of "new," previously filled, still functional wetlands on Hayden's property threw a wrench in the developer's plans and required a new permit request. On a broader scale, the amount of wetlands receiving federal protection may be dramatically reduced by a recent Supreme Court ruling that the Clean Water Act does not necessarily protect wetlands with unclear connections to navigable waterways. The local Army Corps has yet to receive direction as to how the ruling will translate for our local wetlands.
The second Hayden proposal, submitted in its entirety in May 2006, included plans to develop on nearly 26 acres of wetland. Hayden proposed offsetting the impacts of development by paying the city to restore wetlands in other areas through the mitigation bank set up by the West Eugene Wetlands Plan (WEWP). Under the plan, some wetlands are designated for preservation or restoration, others for development. The goal is to create a contiguous corridor of functioning wetlands rather than piecemeal patches that force species to cross roads and parking lots. The city-run, developer-funded mitigation bank has coordinated these restoration services on several hundred acres of land. In exchange for the purchase of credits from the bank at $50,000 each, developers are granted the right to build on what the plan-makers deem less restorable wetlands or on wetlands outside of the plan area. The bank's 2005 annual report states that since the program's inception in 1994, the bank had sold a total of 82 credits. Hayden latest proposal calls for the purchase of nearly 19 credits; the close to $1 million would go to the city to fund wetland restoration. Here's the catch: the Clean Water Act requires that developers proposing to build on wetlands first avoid destroying wetlands, second minimize their impact, third restore wetlands on site, and fourth reduce the impact over time. Only as a fifth resort should they go for off-site compensation — or buying credits from the bank. Hayden relied too heavily on offsite mitigation as far as the DSL was concerned. A group of private citizens felt the same way, as expressed in a letter written by Mary O'Brien and signed by nearly 90 Eugene residents. The DSL quoted public comments in their denial letter, writing that Hayden Homes did not accurately assess the hydrological conditions nor the "public wildlife and wetland habitat value of the site."
Mitigation Follies Last spring, lupines covered the banks of the south side of the Amazon Channel, forming a carpet of purple flowers at Dragonfly Bend. The non-restored north side of the waterway, owned by Hayden, was blanketed with rye grass. At one point, both properties were devoted to rye grass production. Before that, each made up a small piece of the wetlands that once covered much of the valley floor. But the north and south sides of the channel would take very different development paths, largely determined by the drawing of a line. At the edge of the area covered by the WEWP, Dragonfly Bend was restored as wetlands and protected. But the Hayden property, outside of the WEWP boundaries, was not considered for restoration by the bank. If Hayden is allowed to go through with its proposed development, its purchase of mitigation credits would be applied retroactively towards the work done to restore Dragonfly Bend — which the developers see as common sense and local activists as perverse. Hayden's David Cady thinks that it makes sense for the restored site to live next to the impacted site. He says that Hayden's proposal leads to no net loss of wetlands, due to the purchase of credits from the mitigation bank. DSL allows for newly created or restored wetlands to make up for impacted wetlands. But O'Brien says, "It's bullshit when they act like this is no net loss of wetlands. In the end, you're using wetlands." She doesn't like the fact that Hayden wants to build so close to a restored site, and she's not so sure that restoration even works. She's not alone in her doubts. On a national level, mitigation has not proven to be entirely successful, according to a National Academy of Sciences report. In the West Eugene Wetlands, however, restoration projects are increasingly successful. According to Eugene wetlands program supervisor Eric Wold, while many restoration banks restore two to eight native species on all of their sites, Eugene's bank works with 100 native species. Wold suggests the bank's success should be credited to its staff, many of whom have master's degrees in biology and hydrology. Unlike some other banks, the city-run bank is not for profit. Although he would not comment about the proposed Hayden development, Wold said the bank tries to restore large parcels of wetlands that are close to each other. When restored land borders non-restored land — such as Dragonfly Bend next to the Hayden site — invasive species encroach upon the native species that the city works to reinstate. Hayden developers argue that the Amazon Channel and a 200-foot average setback from the water will reduce the impacts of exotic species and lawn chemicals on the newly restored wetlands across the channel. But environmentalists see that as nonsense — "average" means some areas will be close enough to the border for chemicals to run and pests to cross.
Permit Matters Regardless of the outcome of this development battle, Cady reasons that the Hayden site "will eventually be partitioned, hacked up, and it will slowly degrade from a natural resources standpoint." He cites city plans to extend Legacy Street through the Hayden site, nearby schools and shops, and city zoning that allows for about 250 houses on the property. Hayden's most recent proposal calls for 187 — a number that has decreased with each rendition of the permit request. The parcel is within the urban growth boundary and is included in the Metro Plan's buildable lands inventory, which slates it for low-density residential housing so long as the developer can secure the wetland fill permits. Hayden played the city planning card repeatedly in its fill request, noting that the city has identified a need for housing in that area and doesn't seem to mind developing next to restored wetlands.
State planning goals require 20 years of developable residential lands within the urban growth boundary (UGB), or the boundary must be expanded. Hayden argues that rejecting its permit request will remove its parcel from the buildable lands inventory and lead to an expansion of the UGB, which protects wetlands from development. Moreover, Hayden developers noted, the process of expanding the UGB is a costly, royal pain in the ass for the city of Eugene. Kurt Yeiter, principle city planner, agreed: "If it's discovered that we have a lot more wetlands over a large area, it could raise the question of whether we should reevaluate the urban growth boundary." Hayden also claims that the Meadow View subdivision will help the city meet its obligation under statewide planning goals to provide affordable housing. But the DSL doesn't buy that Hayden's housing is affordable at more than $200,000 a pop, nor is the agency convinced that the developer has fully demonstrated a public need for the subdivision.
Next Steps In an attempt to speed the development process, Hayden Homes has been working with the DSL and Kevin Matthews of 1000 Friends of Eugene to develop a third proposal for the Meadow View subdivision with fewer houses, a less impacted wetland area and a greater acreage of wetlands restored onsite. The public may comment on that proposal online until Sept. 29. If the DSL continues to refuse Hayden's fill permit, the developer will likely argue that the agency misinterpreted its regulations, said DSL assistant director Kevin Moynahan. Citizens who contributed to the public review and people who have a legal interest in the case, such as neighboring property owners, may participate in the appeal hearing. Matthews gives the public agencies credit for having a process that takes into account what he calls the public's "fairly expert" input. "The city planning department approved this application, and it's only by the sort of follow-up work by public interest groups that it's getting closer scrutiny now," he said. "Higher level agencies have apparently given this a closer review than our own city agencies did."
Some people look at a map and see opportunities for construction. The Hayden property boasts houses and a grassy field to the north, another subdivision to the east and great views of wetlands to the south, protected for perpetuity. The site, next in line for sewers and roads, seems destined for development. But O'Brien envisions another future. She's trudging back to her car through mowed weeds on the edge of the property, water beading up and rolling off her face. Knowing that something is likely to be built in the open space before her, she wishes that just 90 houses could crowd onto one side of the property, far from the flowing Amazon Channel. "What better place to take care of a riparian area," she asks, "when the other half is totally protected and being restored?" The public can comment on the latest proposal until Friday, Sept. 29 at the Oregon Department of State Lands website, www.statelandsonline.com, by following the links to the removal/fill permit for Hayden Homes.
A New Education Center By late next year, the community may see the first phase of an expanded education center for the West Eugene Wetlands. The overall vision for the center is that it serves as a sustainable, collaboratively designed place for people to learn about the wetlands. Eight organizations have been working together for years to bring the center into existence, including the Willamette Resources and Educational Network (WREN), the city of Eugene and 4J School District, who are raising donations and proposing bond measures to fund the project. The partners will take special care not to add or remove water from the proposed site, which is located on a piece of upland prairie in the middle of the wetlands. Funds permitting, the goal is to incorporate enough green features to obtain the highest green building certification possible, LEED platinum. Like the shrinking wetlands, upland prairie acreage has dwindled to less than 1 percent of what once existed in the Willamette Valley. While wetlands are federally protected, upland prairies are not, despite the fact that they are integrally connected to the wetlands ecosystem and provide habitat for threatened species such as Kincaid's lupine. Pat Johnston, BLM West Eugene Wetlands project manager, says there are no endangered species on the site, nor any reason to think that the site provides crucial habitat. The entire area was previously disturbed, farmed or developed. Because the proposed site is on upland prairie, rather than wetlands, mitigation will not be required. But a group of scientists recently proposed that the property be added to the area designated as critical habitat for endangered Fender's blue butterfly and threatened Kincaid's lupine. They say this site is a necessary "stepping stone" for Fender's blue butterfly populations that live north and south of West 11th Avenue. Without protection for the site, the group argues, there won't be sufficient genetic exchange between the two butterfly populations. The location, selected in 1999 from a pool of about a dozen sites, is the home of the current education yurt and administrative office and was selected in part because of its easy access from the Fern Ridge Bike path and two bus lines. The partners feel that the current facilities do not meet the needs of the community. Johnston says, "We're going to be sensitive regardless of the designation." She envisions the center as providing an example of how other developments in the wetlands can minimally impact the ecosystem while meeting the community's needs. "We're not going to push this project hard," she said. "We're going to work with our environment." The selection of an architect team in November will initiate a fast and furious public process that will include a focus group on minimizing the center's environmental footprint. — Sarah Mazze
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