CC " /^ • Or3 State of Oregon Coastal Management Program Final Environmental Impact Statement c \ ?<°>* \ / U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Office of Coastal Zone Management COUNTY LINE WATERSHED BASIN LINES Oregon Coastal Zone UNITED STATES DEPARTMENT OF COMMERCE FINAL ENVIRONMENTAL IMPACT STATEMENT STATE OF OREGON COASTAL MANAGEMENT PROGRAM ye a. o u o Q. > CO O CO '■*-> i a 1-H 3 4) o 3 1-4 u O CO « S3 +-> CO U < on ll u. wj"5 u. Ih ■t-l C ■*-» ■^ s «J rt o .£ <~ CTJ rt M £ £ -*— » J o £ £< 1. Navigation and Transportation 2. Residential/Urban/ Industrial, Including Energy Production 3. Agriculture and Forestry 4. Recreation 5. Fish and Wildlife Production and Utilization 6. Public Facilities 7. Mining and Mineral 8. Restoration o I- X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X "X ,N Denotes a direct and significant impact on the water characteristics. * For the purposes of Oregon's Coastal Management Program, uses to be managed are equivalent to "permis sable uses" as noted in the CZMA, Section 305(b)(2). The series of detailed resource and use inventories developed by OCCDC addressed these specific needs and problems. Policv statements, setting standards for use of these areas, were established. As a result of this process, LCPC developed Goals addressing beaches and dunes, estuaries and associated wetlands, and agricultural lands, which are more specific and detailed than for the more general Coal subjects. It is primarily through these specialized Coals that Oregon has expressed the increased State management interests in these geographic areas of particular concern. These Goals provide for both the protection and the development of these resources. Thus, the estuarine resources Goal, for example, addresses the need to preserve certain estuarine areas, while utilizing other areas for development and industrial processes. In addition to these special Goals, other areas of particular concern have been defined by the Legis- lature, end are covered by special -purpose State statutes, which will be coordinated and enforced as a part of the Oregon Coastal Management Program. These areas include: ° Ocean shores, as identified in the Oregon Ocean Shores Act (OPS 390.600), providing for public access to and recreational use of beaches; ° Kelp beds, as protected by the Oregon Kelp Fields (ORS 274.885 et seq.), regulating harvest of kelp beds ; and ° Energy facility sites, as identified and governed by the Department of Energy and the Energy Facility Siting Council (ORS 469) , which has ex- amined and set suitability standards and classifications for power plant siting. The locations of four types of geographic areas of particular concern (beaches and dunes, estuaries, coastal agricultural lands, and kelp beds) are shown in Figure 2. The Oregon coastal headlands, a unique geologic and aesthetic resource, were identified as another area of potential particular concern. Nearly all headlands already are in State or Federal ownership. The coastal shorelands Goal requires that headlands, which were identified and mapped in the OCCDC Visual Resource Analysis in the Oregon Coastal Zone, be protected. This general process for the identification, designation, and management of areas of particular concern is an ongoing one, responsive to the public and private resource needs of the State. A variety of tools is available: additional statewide Goals and Guidelines; special State statutes; critical area desig- nation; and public acquisition. Areas for Preservation or Restoration Areas for preservation or restoration have been distinguished as one special category of areas of parti- cular concern. Nominations for these areas will occur through the comprehensive plan development pro- cess. In addition, the inventories and data developed by OCCDC suggest certain areas which should be preserved or restored. An area would be considered for preservation if the benefits it offers are of exceptional environmental, aesthetic, economic, or cultural values, and if these benefits or values are actually or potentially threatened by other uses or activities. Under these criteria, areas might be preserved, for example, to provide or maintain recreation and aesthetic benefits; ecological values of fish and wildlife refuges; or educational or research natural areas. Several of the Goals (especially No. 3, Agricultural Lands and No. 5, Open Spaces, Scenic and Historic Areas, and Natural Pesources) require that certain kinds of areas be considered for preservation or protection. These areas will be identified in the inventories required during plan development. The Estuarine Resources, Coastal Shorelands, and Ocean Resources Goals also designate specific areas or re- sources that must be preserved. For example, within the general requirement of the Estuarine Resources Goal (to protect the estuarine ecosystem, including natural biological productivity, habitat, diversity, unique features, and water duality), specific requirements include the protection of major tracts of salt marsh, tideflats and seagrass and algae beds. The actual means of preservation will depend on a site by site analysis of resources, potential uses, threats, ownership, and other factors. Several basic tools are available for the preservation of special areas. If the land is already in public ownership the land can be designated for preservation or nat- ural area purposes. State-owned lands can be placed in the Oregon Natural Area Program. Federally owned lands can be placed in the Federal Ecological Reserves Program. Other methods of preservation include acquisition or the development of special agreements. Acquisition is a tool that can be used by both State and Federal agencies and local governments . Several areas have been acquired for specific uses. T hese include coastal State parks for recreational uses and scenic values, and the recently designated South Slough National Estuarine Sanctuary for scientific and educational uses. A level of preservation also may be achieved by designation of an area of critical State concern or by the use of favoraoie property tax incentives or special assessment policies. Frequently, preservation of a particular parcel can be assured without acquisition. Various tools are available to State agencies, and especially to local governments, for this purpose. These include: ° dedication of easements or areas for preservation during develop- ment of subdivisions; c transferable "development rights;" ° conservation easements; provision of area for mitigation for intertidal dredge and fill projects; and ° critical areas designation under ORS 197.405(2). Identification of areas for restoration will depend heavily upon comment, advice, and analysis by the technical resource specialists associated with the coastal zone. Studies and evaluations by other State agencies will be a major source for indicating areas for restoration. Some studies already have highlighted areas needing restoration. These include efforts by the Oregon Department of Fnvironmental Quality to develop water quality management plans for the coastal basins of Oregon which identify areas where water quality needs to be restored to meet the conditions of the Federal Water Pollution Control Act. The Oregon Soil and Water Conservation Commission has evaluated streambank erosion in Oregon, and has recommended areas for soil stabilization. Other areas identified for possible restoration include the Tillamook Bay/Basin area and salmon spawning sites throughout the coast. These and other areas are identified and further elaborated in the Pacific Northwest River Basins Commission draft "Oregon Coast Level B Study of the Water and Related Land Resources" (1976). Areas such as these will continue to be identified by agency studies and from the inventories developed by local governments as they adopt their coordinated comprehensive plans. In many cases, such as the Tillamook restoration plan, the authorities, responsibilities and funding of a variety of local, State, Federal, and private agencies may be required to achieve restoration. The Oregon Coastal Management Program, in addition to providing an impetus for identifying areas for restoration, can provide this coordination. (6) Priorities of Use While each of the Coals is considered of equal importance, the Coals establish priorities for use with- in particular resource categories. The contents of the Goals and Guidelines address both the permissi- ble uses in the coastal zone and the major resources of regional, State, and national interest. Again, State special purpose legislation serves to complement the Coals in establishing priorities of use. General priorities for the use of estuarine resources , coastal shorelands , and ocean resources are designated in each of the respective Goals. These general priorities identify protection of coastal resources and water -dependent uses as highest priority; water-related uses of lower priority; and non- related, non-dependent uses as lowest priority (Table III) . Within estuaries and coastal shorelands , the Goals reouire that certain areas be managed for preserva- tion or protection purposes, others for conservation, and others for development consistent with the resource capabilities and overall Goal priorities. Specific uses are identified as high priority or low priority in certain areas. The Beaches and Dimes Goals also establishes priorities of use for cer- tain kinds of sand formations. Similarly, the Ocean Resources Goal places a high priority on long-term values from renewable resources. These specific priorities are listed in the Goals on Estuarine Re- sources (Comprehensive Plan Requirements, Management Units); Coastal Shorelands (Comprehensive Plan Requirements, Coastal Shoreland Uses); Beaches and Dunes (Implementation Requirements) ; and Ocean Re- sources (Implementation Requirements) (Appendix 3) . State law and the Agricultural Lands Goal also establish clear priorities in agriculture lands. These laws and the Goal express concern about the continued loss of agricultural lands and move to protect them for agricultural purposes through tax credits and planning regulations. For this reason, agri- cultural lands are considered as geographic areas of particular concern. A local government can only alter these priorities and plan for uses of lower priority in particular areas by application of the exception clause in the Land Use Planning Coal (Goal No. 2). The local govern- ment must document on an individual basis the social, environmental, and economic consequences of its proposed action when requesting an exception. Such decisions will be reviewed by the public, State and Federal agencies, and LCDC. In establishing these priorities, consideration of the national interest has been assured by open and repeated exchange with Federal agencies with an interest in the coastal zone. This exchange began in the early stages of program development by OCCDC, and continued through the time of program submission to OCZM. Further, continued participation by these Federal agencies will be necessary for the adequate development and administration of specific local coordinated comprehensive plans. Table TV indicates how Oregon's program addresses the national interest. 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"a 2 o ^ '4-1 2 '.2. 1^1 u .§ u 03 OJ 03 e 75 1— o t/i 75 OJ OJ OJ c R a T 3 a. 5 3 12 the Oregon Coastal Management Program. This will be facilitated through the initial and newly adopted statewide Goals and Guidelines, the local comprehensive plans which incorporate the Goals in their substance and the responsibility for providing effective coordination with and participation of all affected and interested parties. The existing body of State statutes supplement and strengthen this organizational base and the administration of the program. Local, State, and Federal agencies and the general public will be asked to review and comment on the development, adoption, and administration of the local comprehensive plans. The administration of the Oregon Coastal Management Program will depend upon the coordinated responsi- bilities of all interested parties. These include: Responsibilities of the Oregon Land Conservation and Development Commission : A) Develop Goals and Guidelines. B) Provide financial and technical assistance to local governments . for development and enforcement of local plans . C) Review and approve local comprehensive plans. D) Review permits, licenses, grants, and activities for consistency with the Goals and the Oregon Coastal Management Program. E) Assist local, State, and Federal agencies in cooperation and coordination efforts. F) Recommend policies for and manage activities of statewide significance and areas of critical concern. Responsibilities of Local Government : A) Develop coordinated, comprehensive plans, and implementing ordinances . B) Provide opportunities for substantive input by the public and State and Federal agencies. C) Enforce local ordinances to achieve compliance with approved plans and Goals . D) Respond to unanticipated needs and reauests for amendments to comprehensive plans. E) Review State and Federal agency programs and activities for consistency with State Goals and local comprehensive plans. F) County government bodies: coordinate and provide initial re- view of the plans and policies of all local governments and special districts in their county boundaries. G) County governments : serve as focus for coordination and input from State and Federal agencies. Responsibilities of State and Federal Agencies : A) Coordinate plans and policies with local governments and LCDC. B) Assist with appropriate technical information and expertise. C) Review local plans and individual activities for compliance with Goals and the Oregon Coastal Management. Program. D) Implement permit, license, and development activities and projects and assistance in a fashion consistent with the Goals and Guidelines and the approved local comprehensive plans. (8) Coordination and Public Participation Oregon's Coastal Management Program has been founded on a solid base of public participation and coordination with other agencies. Major opportunities for public involvement in developing the initial Goals for the entire State included two series of 28 workshops; 17 public hearings: 17 Technical Ad- visory Committees (TACs) ; a Citizens Involvement Advisory Committee (CIAC) ; Local Officials Advisory Committee (LOAC) ; State Agency Advisory Committee; and Federal Agency Advisory Committee. Similar pub- lic review and participation was provided during the development and adoption of the Goals on coastal resources. These included 34 public hearings, 3 public work sessions, and a 2 day public mark-up session prior to adoption. In addition, over 80 small scale meetings were held to discuss with any interested parties the proposed Goals on coastal resources, and the Oregon Coastal Management Program. As with the initial Goals, five broadly based Technical Advisory Committees participated in the review and development o" the Goals on coastal resources. Opportunities for public involvement during the OCCDC policy development process included 21 public workshops; development and review of resource inventories; and extensive public and agency review of the draft and revised, policies . In addition to this participation in development of Goals, the public was also involved in development 13 of the Oregon Coastal Management PRogram through continuing review of successive drafts by the State and Federal Agency Task Force, OCCDA, CIAC, and LOAC; individual cities; counties and areawide agencies; private organizations; and the general public in the coastal zone; as well as through public hearings. In SB 100, the Oregon Legislature set forth specific requirements for both LCDC and local governments to assure widespread citizen involvement in all phases of the planning process. It provided that LCDC establish a Citizen Involvement Advisory Committee (CIAC). Under direction of the Commission, CIAC developed a general Goal and Guideline on development and use of local citizen involvement programs, which provides that each city adopt a public involvement program which meets certain basic requirements. Oregon's draft program included Goals and Guidelines for coastal resources, which were a major part of the Program but had not been adopted in final form. Broad public and agency review provided the oppor- tunity for comment on the "proposed" Federal action, and materially affected the final form of the Oregon Coastal Management Program prior to approval and submission by LCDC. Although the final Goals and Guidelines are more specific, providing explicit standards for land and water use decisions, their substance and intent did not change significantly, except in direct response to comments received. For these reasons, OCZM has published a final EIS on the final Goals and revised Oregon's Coastal Management Program rather than issue a revised draft EIS. (9) National Interest Considerations : The Goals and Guidelines play a central role in Oregon's Coastal Management Program. These Goals pro- vide the principal mechanism for recognizing the national interest (See Table IV) . They exhibit a complementary concern for resources, areas, and functions expressed in the Constitution (such as navi- gation) or by Congress (such as water quality control, fish and wildlife protection, and forest manage- ent) . The Goals and Guidelines reflect a synthesis of local, State, and national concern for these resources and activities. Federal agencies have been involved in the entire Goal development process In addition to the Goals and Guidelines, special purpose legislation exists for considering the siting of energy facilities. Under this legislation (ORS 469.470) the Energy Facility Siting Council has des- ignated appropriate areas within Oregon's coastal zone as potentially suitable, less suitable, and unsuitable for siting fossil, nuclear fueled power plants, and geothermal facilities. Most of Oregon's coast has been classified as generally suitable for these facilities, with the excep- tion of certain areas along the lower Columbia River, northern Clatsop County, and the dunes between Florence and Coos Bay, where environmental factors limit the suitability for such sites. The Governor has recently formed a task force to address OCS oil and gas development concerns . Water dependent uses, including those needed for oil, gas, and other mineral resource development, are add- ressed by the estuaries and ocean resources goals. Local plans cannot preclude water dependent uses, including those related to energy development, by unreasonably pre-empting suitable uses with non- water -dependent uses. The Program gives high priority to national recreational needs and historic resources, the preservation of agricultural and forest lands and fisheries resources, and the protection of life and property from flood and storm damage. Specific State Goals and Guidelines require these national interest concerns to be considered in the development of local comprehensive plans and in State agency implementing actions. National defense facilities are given high priority in the Program. Existing facilities on Federal lands have been excluded from the coastal zone. The Department of Defense agencies regularly reviewed portions of the Program during its development , and will be involved in the review of local comprehen- sive plans. National transportation interests have been considered and can be accomodated in the Program. There are no interstate highways or nationally significant airports in the Oregon coastal zone, but a process exists to assure that these concerns will be considered should such facilities be required in the future. Ports are considered extremely important to Oregon's coast. The estuarine classification and priority uses recognize the need for ports. The ocean resource Goal specifically requires that navigation needs for the coast be determined and navigation lanes and facilities be maintained from interference by other uses. 14 (10) Uses of Regional Benefit The policies and standards the Goals Establish require that regional and statewide interests be addressed during the development and implementation of local coordinated comprehensive plans. The review of plans by all interests, and their approval by LCDC, as well as the opportunity for concerned agencies and government bodies to petition for the review of either plans or individual siting actions (both affirma- tive and negative) , will ensure that regional interests will continue to be addressed as the Program is implemented. Finally, the requirement that plans be regularly reviewed and revised will provide oppor- tunity to identify and accommodate regional needs unforeseen during initial plan development. In addition, the county coordination process (ORS 197,190) also will have a role in assuring that uses of regional benefit are considered. SB 100 provides the method for assuring that both uses of regional benefit and national interest facilities will be adequately considered in local comprehensive plans. LCDC cannot approve these local plans until the needs of all levels of government, semi -public and private agencies, and the citizenry of Oregon have been considered and accommodated as much as possible (ORS 197,015). In the event of conflicts which communities cannot resolve, LCDC has the authority to resolve the conflicts prior to approving the plans. 15 III. DESCRIPTION OF THE ENVIRONMENT AFFECTED An extensive amount of information about Oregon's coastal zone has been compiled in the eleven coastal inventories prepared by OCCDC. These are briefly described in Appendix 5. The following discussion is largely based on these inventory data. A. Climatic and Geologic Characteristics As defined in Oregon's Coastal Management Program, the boundary of the Oregon coastal zone closely approximates a natural physiographic unit. The boundary extends from the Columbia River to the California border and from the seaward limit of State jurisdiction inland to the crest of the coastal mountain range. All shorelands and drainage basins which have a significant and direct effect on coastal waters are included. With the exception of the Columbia, Umpqua, and Rogue River basins, where the boundary of the coastal zone marks the limit of significant tidal influence, all coastal river basins are contained within the coastal zone. In total, the Oregon coastal zone includes a coast line 352 miles in length and an area of approximately five million acres (7,800 square miles). Throughout the area, a multitude of physical features exists, including dunes, estuarine areas, timber and agricultural lands, lakes, and spectacular coastal headlands and meadows. These features may be found the length of the coast to different degrees, but geologic, physiographic, and soil characteristics split the area into two recognizable regions: The Coast Range Province and the Klamath Mountain Province (1:318).* The Coast Range Province lies north of the Coquille River, and encompasses approximately two-thirds of the coast's length. Rock formations are of the Tertiary age with scattered igneous intrusions and areas of volcanic rock. Past changes in sea level, plus rapid erosion of sedimentary formations, helped create the gentler slopes and lower elevations (ranging only to 2,500 feet) than those that exist in the south. The Coast Range Province has broad coastal terraces with timber and agricultural lands. Various types of dunes occupy most of the immediate shoreline, especially in the vicinity of Coos Bay (the Coos Bay Dune Sheet) and Astoria (the Clatsop Plains) . Occasionally timbered and meadowed headlands are present , fading into more gently rolling uplands towards the east . The Klamath Mountain Province south of the Coquille River is characterized more by pre-Tertiary formations, containing a narrower band of terrace, steeper slopes and higher elevations (2,400 feet peaks are common with some rising to 7,000 feet). Dunes are still present but are narrower and are replaced by timbered and meadowed headlands towards the California border. Timbered uplands are closer to the immediate coast with fewer meadowed areas . Figure 3 compares a typical profile from the two provinces . The physical processes which have helped to shape the coastal zone in the past continue to do so today. Tides, currents, and climate constantly alter the face of the coast. Prevailing winds change 180 degrees during the year, coming from the south and southwest during the winter and gradually reversing to the north and northwest during the summer. This shift causes the offshore north flowing Davidson Current to be overcome by the summer upwelling action, which leaves only the more seaward south flowing California Current. More sand is deposited on the beaches and estuaries during the summer. In the winter, sand is carried away which allows wave erosion to continually modify the coastal scarpe. Littoral deposition and erosion are controlled by waves . The coastal climate is set off from the more eastern valleys of the State by the Coast Mountain Range. The coastal climate is mild with mean temperatures for July ranging from 57 to 61 F. , and for January ranging from 41 to 47 F. Extreme variations are rare; only occasionally do winter storms bring freezing temperatures and high winds, while fog up to about the 500 foot elevation mediates the summer temperatures. Of great significance is the annual rainfall, which ranges from 50 to 60 inches along the immediate coastline upwards to 200 inches along the eastern boundary of the zone as storm clouds back up along the mountains. This is compared to 35 to 43 inches in the Willamette Valley east of the Coast Range Mountains. The run-off from this precipitation swells the streams and rivers feeding into the wetlands, constantly altering the shape and extent of these bodies. Because of the high rainfall, the coastal profile is steeper and has a greater potential for erosion. The ongoing climatic and geologic processes have yielded a highly complex series of aesthetic and natural resources which enhance the coast, including a wide variety of topographic and vegetative systems. Views from some headlands can extend over 30 miles seaward and along the length of the coast. Isolated offshore rocks and islands found scattered the length of the coastal zone highlight these views. Different dune formations -- active, controlled, deflation plain, etc. -- run 62 percent of the length of the coast (1:319), among the most spectacular being the Oregon Dunes National Recreation Area. *References refer to OCCDC specific inventories and pages. These are identified at the end of this Chapter. Figure 3 (a) Typical view of the forested shorelands of the Coastal Province on the north coast as contrasted below (b) by the rugged and more open character of the Klamath Province in the south. 17 However, the various dune types, beaches, and meadowed and timbered headlands comprise only about 8 percent of the area of the coastal zone. Estuarine areas -- including the tideflats, marshes, and sloughs -- along with different coastal terraces comprise about 20 percent of the area. Pasture lands and tree covered dunes comprise 11 percent , while the timbered and meadowed uplands and related rolling hills equal approximately 61 percent (3:58-59). B. Natural and Biological Systems (1) Offshore The offshore part of Oregon's defined coastal zone is mostly well within the 100 -fathom line. The importance of the coastal zone emanates from the natural and biological systems which inhabit these waters and areas, but which may also be dependent on other habitats -- wetlands, estuaries, or the open sea -- for part of their life cycle. The Pelagic or most seaward offshore habitat is home to seals, sea lions, numerous sea birds, and is a migratory channel for the Gray and Sei whales . It serves as a rich feeding ground for salmon and tuna and other commercially valuable fish. The 1974 harvest of these species equaled over 95 million pounds, worth over 34 million dollars. The pelagic section is the most valuable sub-area of the offshore region, commercially and recreationally, because of the salmon and also because of the presence of herring, anchovy, and shad. Many of the species found in these waters migrate along the coast, and are subject to impacts extending beyond the coastal zone. Thus, over-fishing by foreign commercial interests or neighboring States, as well as offshore pollutants such as oil and sewage from ship traffic, can have severe effects. The Benthic area, or sea floor, ranges from rock to sand to mud. The rocky section produces varieties of rockfish and cod, while different types of sole, shrimp, and dungeness crab principally inhabit the mud and sand portions. The commercial value of all these was 7-10 million dollars annually from 1965 to 1972. There are 172 different coastal islands and reefs which provide habitat for scallops, perch, and similar species. The additional benefit of the reefs and islands lies in the breeding grounds they provide on those sections not submerged; for here, gulls, cormorants, puffins, and murres find nesting and roosting spots. Here too, seals and sea lions breed. Most of these areas have been declared national wildlife refuges and have escaped adverse human impact. The Rocky Intertidal area encompases 36 percent of the coastline and is home to hundreds of species of animal life, including mussels, starfish, littleneck clams, and different shore birds. The commercial value of these animal forms is not large, but they add greatly to the recreational value of the coastal zone and represent a large variety of diverse life. The ecological balance of these areas is particularly susceptible to pollution from sewers and commercial activities. Kelp Beds are one of the major resources found along the offshore islands and the rocky intertidal areas. Over one hundred varities of kelp exist along the coast, forming an incredibly rich and diverse habitat which is critical for the survival of some animal species such as abalone, which eats the algae found in the beds. Seals, sea lions, and otters commonly feed in these areas, smaller fish use them to hide from predators, and certain birds feed there and rest. In addition these beds are economically viable for man's use, 2,000 of the 3,700 acres are considered dense enough to harvest on a regular basis (6:36). Beaches line about 64 percent of Oregon's open coast, and provide home for numerous smaller animals such as burrowing worms, sand crabs, and beach hoppers. Snowy plover, gulls, and other shore birds also feed here. Although some species such as razor clams are harvested, the main value of the beaches and related dunes is the recreational resource they provide to thousands of Oregon residents and out-of-state visitors each year. (2) Estuaries and Wetlands From the seaward edge of the coastal zone inland to the flooded upland valleys of the Coast Range, numerous different types of wetland areas exist. These include estuarine waters, tidelands, marshes, eelgrass beds, and coastal lakes. A variety of physical and environmental components affect all of these bodies, and each undergoes continual change due to sedimentation, tidal action, dune advancement, and fresh water inflow. Each type in tum, supports different plant and animal species (Figures 4 § 5). Oregon has 17 separate estuarine areas, including the Columbia River, which total about 12 percent of the entire Oregon coastal zone (TableV and Figure 6). Of these, submerged lands account for about 94,000 acres. These waters are the spots to tfhich aquatic animal life retreats during low tides. Tidelands themselves are exposed during ebb, and provide rich oyster and clam beds, and feeding grounds for various waterfowl. Eelgrass beds ( Zostera maritima ) , which are especially prevalent in Coos and Tillamook counties, comprise only about 5,000 acres of the tidelands. Eelgrass is the dominant plant of the tideland areas, representing a transition zone between submerged lands and salt marshes. The eelgrass sections provide important fishing sources for the blue heron and other wading birds, are abundant in clams, and are spawning grounds for some smaller fish. ESTUARY COMPONENTS Figure 4. Components of Estuarine System (Source 5) 19 sitka spruce 12 10 high tide GENERAL ESTUARY PROFILE Figure 5. General Profile of an Oregon Estuary (Source: 6) 20 TABLE V COMPARISON OF ESTUARINE HABITAT TYPES AND ACREAGES BY BAY Estuaries in Order of Size Acres of Submerged Land Acres of Tideland Acres of Saltmarsh Total Acres of Estuarine Habitat Columbia R. Coos Bay Tillamook Umpqua Yaquina Netarts Nehalem Siuslaw A I sea Siletz Nestucca Coquille Rogue Sand Lake Necanicum Salmon River Chetco 69,275 6, 180 4,126 5,298 2,557 812 1,231 1,489 1,168 412 422 470 478 131 129 78 90 24,507 6,200 4,163 1,531 1,353 513 078 756 9 79 775 578 301 149 397 149 126 12 8,660 2,738 1,070 344 819 164 330 1,458 640 322 373 702 30 102 15 9 7 4 2 2 3 2 1 1 1 ,442 ,118 ,359 ,173 ,729 ,489 ,639 ,703 ,787 ,509 ,222 , 144 627 1,230 308 756 102 TOTAL: 94 , 346 44,567 18,424 157,337 Does not include estuaries such as Beaver Creek. SOURCE: O regon Estuaries , Division of State Lands. 21 Columbia Rive Nee an i cum River -i Coos Bay Coquille Rivei Rogue Rivei Chetco Rivei Figure 6. Major Oregon Estuaries 22 (Source: 6) Tidal marshes (seaside arrow grass, Pacific silverweed, bullrush, salt grass, glasswort, sedge, tufted hair grass) are wintering areas for migratory birds, and, more importantly, yield the primary nutrients for the food cycle in the estuary. They total approximately 188,000 acres of Oregon's coastal zone. Estuarine life is balanced on the fine line between a marine habitat and freshwater existence. The estuaries are an immensely important part of the coastal life food chain and are easily destroyed, which can impact on other coastal species. Herring, for example, are spawned in estuaries, and are a major part of the salmon's diet at certain times of the year. The relative abundance of the herring may have a significant effect on the movement of the salmon up and down the coast. (3) Freshwater Resources The freshwater resources which flow into the estuarine areas and otherwise find their way to the coast are no less important. There are 2200 streams emptying into the Oregon coast, 30 of which are considered major suppliers of freshwater. Beside bringing necessary nutrients to the estuaries, these coastal freshwater tributaries are also the spawning ground for salmon and home to steelhead and cutthroat trout and bass. Additionally, they are the source of water for urban areas along the coast for irri- gation, municipal, recreational, domestic, and industrial uses. There exists what should be sufficient freshwater flow for current use along the entire coast. However, lack of storage capacity, sporadic heavy rains, and poor ground absorption of the run-off burdens the ability of some coastal urban areas to accommodate present uses. (4) Uplands The remainder of the Oregon coastal zone, other than offshore areas and estuarine wetlands, is considered uplands. It includes the headlands, terraces, meadows, and agricultural and timberlands and extends to the crest of the Coast Mountain Range. Over 38 percent of the uplands area is timber land, the majority of which has been logged or burned during the last 150 years. Therefore, little old growth remains. Some of the timber is considered best left untouched because of unique recreational appeal or watershed requirements. Vegetation type varies according to the section of the coast and the effects of rainfall and temperatures. Sitka spruce runs the entire length of the immediate coast, and up into the river valleys, where Western red cedar, and Western hemlock also may be found. Moving south, the zone narrows, and coast redwood, myrtle, and Port Orford cedar become apparent. On dune ridges and similar lands, Western hemlock, Douglas fir, and the red alder prevail. The heavily forested areas of these trees give way in the extreme south to herb and shrub vegetation along the immediate coast. In the mountains, Douglas fir and tan oak dominate. Other conifers such as sugar pine, ponderosa pine, incense cedar, white pine, and evergreen hardwoods are also found in quantity. Agricultural use of the uplands has been somewhat limited by soil composition and physical limitations of size and shape of the land parcels. Forage food production (hay and grass) and pasture land for livestock have been the principal uses. Economic trends also have affected the agricultural use. As in the rest of the State, coastal farms have been decreasing in number and increasing in size. Along the coast, they have been converting from dairy cattle to beef production or are being lost to industry or residential development. Over 2.25 million acres of land in the uplands is publicly owned and available for recreational use; 53.5 percent of this is in the Siuslaw and Siskiyou National Forests. State forests comprise 25.5 percent and Bureau of Land Management lands 20.6 percent of this total (2:65). Reflecting the nationwide surge in recreation in Oregon, overnight visits to State parks increased greater than 410 percent between 1958 and 1973 (4:F-18 and Table F-16) . These opportunities for public enjoyment of the uplands, coupled with the Oregon Beach Law -- ensuring public access to all beaches -- facilities like the Oregon Dunes National Recreational Area, and a wide variety of commercial recreational facilities on the coast, make recreation one of the true natural resources of Oregon's coastal zone. (5) Stressed Resources The Oregon coastal zone provides a complex wealth of resources and experiences , but it also tends to be very vulnerable to outside forces. Impacts upon one habitat have the potential for upsetting the symbiotic relationship with others dependent upon it. Table VI indicates those habitats within each coastal section that are identified as important or critical. Table VII relates wildlife species to habitat type. Kelp beds are included, for example, because they provide the brown algae abalone eat and provide shelter for numerous sea life forms. Coincidently, they are susceptible to overharvesting for human purposes and to the effects of industrial and sewage pollution. The estuarine systems, specifically the salt marshes, are irreplaceable as a nutrient source for estuary life. Over 12 percent of Oregon's coastal zone is estuary, but in comparison to other States, this total is small. All of Oregon's estuaries for example, would fit into the Willapa Bay estuary of the State of Washington. 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Chinook and Coho salmon, steelhead and cutthroat trout, flounder, green sturgeon, herring, shrimp, and crabs are dependent on the estuaries for food, nursery grounds, or passage to freshwater spawning grounds. Other species, such as oysters, thrive in the dilute salinity of the area. However, estuaries are also the catch basin of human activity. By 1969, over 3.5 percent of Oregon's estuaries had been lost to diking, filling, or dredging (5:15). Other areas are lost from production, by industrial discharge from pulp mills, siltation from logging activities, or use as timber and log storage. Other resources are being stressed and are in jeopardy. Increased logging and construction along river banks has increased the siltation flowing into streams, lakes, and estuaries. Road construction and coastal land reclamation have also altered them. These upstream activities have reduced the effectiveness of the watershed area, causing higher run-off, and decreased water quality in some areas. There is little retention of ground water, so some coastal communities are having their freshwater supply affected. The topography provides little opportunity for building storage dams along any of the major rivers and streams in the coastal zone. Thus hydroelectric power and year round fresh- water sources, already stressed in some communities, will become more so with added urban develop- ment. In those areas where activities (sewer effluent, gravel extraction, and industrial waste) have been allowed tangential to the rivers, there are indications that the salmon population has been greatly affected. Today, a majority of the yearly salmon take is hatchery originated, and both pollution in and dams along the waterways have reduced the survival rate. Similarly, effluent discharged by ships trafficking the Oregon coast affect numerous other species of sea life. Thus, even though significant human activity has occurred along the Oregon coast only during the last half century, the impacts threaten the survival of many of the features and resources which give the coast its unique quality. C. Social and Economic Setting (1) Historical The earliest recorded settlements in coastal Oregon were Indian encampments dating from the 1500' s. Contact with the outside was limited to Spanish fur traders until the late 1700' s. The success of the Lewis and Clark expedition, however, brought increased immigration and the establishment of towns like Astoria in the early 1800 's. The Oregon Trail and Oregon Donation Land Act brought more people with promises of free land and instant wealth in the 1850 's in Coos Bay, and the fishing and cannery infrastructure began in the 1870' s. With development pressures from the Willamette Valley, a railroad was put through to Yaquina City in 1870, but real expansion of the coastal communities did not occur until the input of Federal highway monies during the 1930's. Even with improved transportation, most employment along the coast remained tied to the natural resources, only partially offset by tourism. (2) Population and Employment Population in the Oregon coastal zone changed only marginally from 1958 to 1973, compared to both national and State increases, and now stands at just above 160,000. This represents less than 8 percent of the total State population. There was an actual dip in coastal population during the early and mid 1960's, reflecting in large part a decline in employment in the forest industry. Employment in the coast is largely dependent upon the natural resource base. Traditionally the three largest employers (exclusive of local government) have been agriculture and food processing, fishing and fish processing, and forest products. Together these represent about 30 percent of the total coastal employment (about 40 percent excluding government) . In addition, the tourism/travel/recreation industry, which is also heavily dependent on the coastal natural resources is the fastest growing segment of the employment market in the Oregon coastal zone. Tables VIII and IX summarize recent employment by economic sector and project future patterns. As these tables indicate, employment has tended to become more diversified with time. The major employment markets are discussed below. A full three-fourths of the coastal agricultural production takes place in Coos and Tillamook counties, with anywhere from 64 percent to 98 percent of the investment being in livestock production depending upon the county. This compares with 43 percent in livestock statewide (4:C-15). Employment in agriculture, as well as the number of farms, has been declining for 15 years but is expected to stabilize at current levels. Even so, gross farm sales have been increasing at 1.3 percent annually, with the 1973 value of farm products for the coast estimated at better than 40 million dollars (4:B-9). Analysis of the fishing industry is hampered by questionable estimates as to the number of commercial and/or sport fishermen. Too, the annual catch is volatile with wide variation in the relative values of the different types of catch. Commercial landings by weight in 1968 for example exceeded 89 million pounds. However, the 1973 landings of 83 million pounds had a higher value of over 27 million dollars (4:B-9). The relative proportion of species caught has also changed in recent years, with groundfish becoming a smaller percentage and shrimp increasing. Accurate estimates of the fisheries biomass are not yet available. 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T3 O X! rH £! -0 C 3 ^H 3 3 C 3 rH 3 3 •rH co ■H CO -P •H CO -.H CO •P j Eh CO J EH CO 616 525 1146 27.34 39.41 31.90 25 42 67 100.00** 2100.00** 248.15** 87 85 172 71.31 188.89 102.38 19 19 27.14 0.00 26.39 65 -599 -534 1.54 -18.03 -7.05 -50 -9 -62 -58.82 -11.25 -35.63 -770 -24 -797 -91.56 -21.2 4 -82.59 -17 1 -15 -29.82 1.01 -8.98 23 2 25 85.19 9.01 50.00 2 -23 -21 9.52 -48.94 -30.43 A. Single family residential B. Multifamily residential C. Commercial D. Industrial E. Idle or vacant F. Agriculture with residence G. Agriculture without residence H. Forest land I. Recreational J. Public service facilities *Weighted data **Exceptionally high value due to weighting of data. Totals may not agree due to weighting and rounding. Separate runs were made sets of data and each produced values that were rounded and weighted leading discrepancies . of three to minor 33 Inappropriate use and development in sensitive beach and dunes and estuarine areas has led to conflicts in activities, public and private property damage, and adverse environmental impacts. Some man-made structures such as jetties and breakwaters have caused erosion, flooding, and degraded water quality. In estuaries and wetlands diking, dredging, filling, effluent discharge, log storage, and mineral extraction have adversely affected water quality, the plant and animal life, and ultimately the economy of the coastal zone. Competing priorities and increasing demand for the coastal zone's limited freshwater supply pose questions concerning the coast's ability to accommodate future growth. Competing and conflicting land uses can have vast repercussions on the coastal economy. Additionally, the repercussions on the economy from increased foreign commercial fishing may as yet not be felt. REFERENCES 1. Oregon Coastal Conservation and Development Commission. 1975. Final Report. Florence, Oregon. 438 pp. 2. Moreland/Unruh/ Smith. 1975. Resource Analysis of Oregon's Coastal uplands. Oregon Coastal Conservation and Development Commission. Florence, Oregon. 204 pp. 3. Walker, Havens, and Erickson. 1974. Visual Resource Analysis of the Oregon Coastal Zone. Oregon Coastal Conservation and Development Commission. Florence, Oregon. 135 pp. 4. Kuhn, G. A., Lehr, R. D. , Brickley, J. A., Zelenka, J. E. , Sullivan, A. M. , York, M. K. , and D. R. Ogborn. 1974. Economic Analysis and Profile of the Oregon Coastal Zone. Oregon Coastal Conservation and Development Commission. Florence, Oregon. 433 pp. 5. Wilsey and Ham, Inc. 1974. Estuarine Resources of the Oregon Coast. Oregon Coastal Conservation and Development Commission. Florence, Oregon. 233 pp. 6. Thompson, Ken and Dale Snow. 1974. Fish and Wildlife Resources, Oregon Coastal Zone. Oregon Coastal Conservation and Development Commission. 114 pp+. 7. Northam, R. M. , Maresh, T. J., and M. L. Nolan. 1975. Oregon Coastal Zone Land: use, ownership, and value change. Oregon State University, Sea Grant College Program, publication no. ORESU-T-75-006. 56 pp. 34 IV. RELATIONSHIP OF THE PROPOSED ACTION TO LAND USE PLANS, POLICIES, AND CONTROLS FOR THE AREA In the introduction to the CZMA, the Congress found "present state and local institutional arrangements for planning and regulating land and water uses... are inadequate," and "the key to more effective pro- tection and use of the land and water resources of the coastal zone is for the states to... develop land and water use programs for the coastal zone, including unified policies, criteria, standards, methods and processes for dealing with land and water use decisions of more than local significance" (Section 302(g) and (h)). During the development of Oregon's Coastal Management Program, these same and similar problems were recognized. The State found, for example, that "inadequate or ineffective governmental and institu- tional arrangements" has hampered the solution of coastal economic and environmental problems. The "great number of [these coastal] governmental jurisdictions and agencies have variable interests and responsi- bilities for coastal resource management...," and they "lack unified or even common goals, criteria, standards, methods and processes..." To solve these problems, Oregon proposed a working partnership between local, State, and Federal governments which would insure coordination of coastal management plan- ning and administration through clearly established authorities and responsibilities. Oregon's Coastal Management Program is thus explicitly designed to provide a more unified approach toward managing coastal resources. Through the establishment of statewide Goals and policies and the development of coordination mechanisms, LCDC will directly affect land use plans and policies. As has been indicated earlier, Oregon's Coastal Management Program is an integral part of a broader, statewide land use planning effort. It relies basically on the same authorities, although it is sup- plemented by special, additional information and requirements which relate to the unique problems and benefits associated with the coast. This Program, along with prominent recent court decisions which underscore the importance of local comprehensive plans and consideration of public (as compared to just private) benefits, establishes standards and policies for local government, State and Federal plans, activities, and projects. The Program requires the development of coordinated comprehensive plans by local government and State agencies. It will, in turn, depend on the coordinated develop- ment of those plans, especially local comprehensive plans, for implementation. The Program will provide the coordination and cooperation necessary to provide comprehensive management toward explicit common objectives. The Oregon Coastal Management Program, which itself has included extensive local input from the public and local, State, and Federal governments, prescribes standards for public and governmental parti- cipation in the development of the local comprehensive plans. It also establishes requirements for data and inventories before planning decisions can be made and effectively broadens the basis for decision-making about coastal resources and activities. During the development of the Program, Oregon requested from all Federal agencies with an identifiable interest in the coastal zone an identification of existing or proposed plans or policies that might be affected by or in conflict with the Program. While no agencies identified conflicts between the Program and actual or proposed plans, policies, projects, or controls, some general conflicts concern-- ing substantive matters of the Program were identified by a few agencies. These included: the selection of boundaries; the question of excluded Federal lands; and the process for judging consis- tency of Federal activities and development projects. Several Federal agencies commented on the choice of the boundaries for Oregon's coastal zone. Some expressed concern that the boundaries included an area that was too large, while another agency strongly supported the selection of boundaries on the basis they were necessary to adequately manage the uses having a direct and significant impact on coastal waters. Several Federal agencies expressed concern about Oregon's policy on excluded Federal lands. In response to these concerns and the opinion of the U. S. Attorney General, Oregon has altered the Program to exclude all Federally owned lands for the purposes of meeting the requirements of Section 304(a) of the CZMA. Finally, a few agencies expressed concern about the manner of judging consistency of Federal activities and development proj ects . This process has been substantially revised in accordance with the comments received, and these concerns will continue to be taken into account in the further development of Oregon's Federal consistency procedures. The LCDC has also coordinated the Program with State agencies. The Program will be used to provide policy guidance to those State agencies and to coordinate their activities into a comprehensive management program. The Program is specifically coordinated with the implementation and requirements of the Federal Water Pollution Control Act and the Clean Air Act. By integrating air and water pollution control concerns with those of coastal zone management, the Program will provide a land use basis for controlling pollution. 35 V. PROBABJ£ IMPACT OF THE PROPOSED ACTION ON THE ENVIRONMENT As indicated in the description of the Federal coastal zone management program (Chapter II) , it is clearly the intention of the CZMA to produce a net environmental gain or benefit in the Nation's coasts. The CZMA encourages States to achieve this goal through better coordination, explicit recognition of long-term objectives, and the development of a more rational decision-making process in context with the overall policy guidance. It might be expected this process, which could affect much of the acti- vity along the coasts, would have a substantial environmental impact. However, as the Oregon Coastal Management Program is not a geographically specific plan or project, but a program which establishes processes and standards for coastal resource management, specific impacts are difficult to assess. The Program does provide a basis for assessing impacts on general resource categories and for generalized economic impacts. Both beneficial and adverse effects will derive from Federal approval and State implementation of the Oregon Coastal Management Program. A. Impacts Directly Resulting from Federal Approval Two major types of impacts resulting from Federal approval of Oregon's Coastal Management Program may be identified: those resulting from the transfer of funds to the State and local governments, and those resulting from the implementation of the Program. Federal approval will permit the Office of Coastal Zone Management to award program administration grants to Oregon, ^e majority of the initial program implementation funds will be parsed on to local governments to be used for the development and enforcement of the local comprehensive plans. This will augment the professional basis for development of the plans and for proper resource management by en- abling local government to greater utilize specialists such as planners, scientists, and permit re- view officials. It will also provide funding for some of the inventory work which will form a basis for the comprehensive plans. Better base information will add to the quality of the dec is ion -making. Finally, it will permit a more rapid completion of the local comprehensive plans. Crant funds will also be used by State agencies to carry out responsibilities imposed by the Program. These will include enforcement and appeal activities by LCDC, inventory and coordination required by all State agencies, and the determination of consistency applications for Federal licenses and permits. Federal approval and State implementation of the Program will also nave implications for Federal agency actions and on the national interest in the siting of facilities of more than local con- cern. The Federal consistency requirements of the CZMA (Sections 307(c) and (d)) require direct Fed- eral activities or development projects must be consistent to the maximum extent practicable with approved State programs. Also, Federal agencies issuing licenses or permits for any activity affecting the coastal zone are generally constrained from doing so until the applicant certifies and the State concurs, that the proposed activity is in fact consistent with the Program. In addition, Federal agencies are in most cases restricted from approving proposed projects affecting the coastal zone which require Federal assistance, unless they are consistent with the coastal management program Although States have previously had the opportunity to comment upon Federal actions, licenses, or per- mits, in the past this comment has not generally been required or mandatory. This new responsibility will provide for more coordinated and comprehensive management of coastal resources and uses, and has the potential for reducing the fragmented, single -purpose, and freauently conflicting nature of activi- ties affecting the coastal zone. The Oregon Coastal Management Program has identified the following Federal permits and licenses as sub- ject to review and certification for compliance if they are for projects in, or which might affect, the Oregon coastal zone. "Environmental Protection Agency: A) Permits and licenses required under Sections 402 and 405 of the Federal Water Pollution Control Act of 1972 and amend- ments . B) Permits and applications for reclassification of land areas under regulations for the prevention of significant deteri- oration (PSD) of air quality. " Department of Defense - U.S. Army Corps of Engineers: A) Permits and licenses required under Sections 10 and 11 of the River and Harbor Act of '1899. B) Permits and licenses required under Section 103 of the 36 Marine Protection, Research and Sanctuaries Act of 1972 (Ocean Dumping) . "Nuclear Regulatory Commission: Permits and licenses required for siting and operation of nuclear power plants. "Department of the Interior - Bureau of Land Management: A) Permits and licenses required for off-shore drilling and mining on public lands. B) Plans for the exploration, development, and production from areas leased under OCS Lands Act [43 USC 1331 et seq.). "Department of Transportation - U.S. Coast Guard: A) Permits for construction of bridges under 33 USC 401,4591-507, and 525-534. B) Permits for deep-water ports (33 CFR 158 et seq.). "Federal Tower Commission: A) Permits and licenses required for power plant siting and transmission lines. B) Permits and licenses required for interstate pipelines. C) Licenses for construction and operation of hydroelectric plants, n) Permits for construction and operation of facilities needed to import or export natural gas . : ' This listing has been intentionally limited to those permits where the Federal license or permit may significantly affect coastal land and water uses. This is desirable to minimize the administrative burdens on the governmental entities as well as the applicant. If it is found that the issuance of other Federal permits and licenses causes significant effects on coastal land and water uses, the con- sistency requirements will be applied to those permits or licenses through administrative addition to the list above. Although the specific procedure for certifying consistency has not been fully developed, the review will provide public notice, opportunity for public and local, State, and Federal agency comment, and, as appropriate, public hearings. In cases where projects are judged inconsistent with the Program and the State has not concurred with certification, Federal agencies will have to deny permit applications unless the appeal procedures established by the CZMA are applied. In cases where the State has not concurred with a certification because the project has been judged to be inconsistent with the management program, Federal agencies must deny permit applications unless the Secretary determines on appeal that overriding considerations justify approval of the project. It is important to note that the Secretarial override does not detract from the central authority of the State under the CZMA. It is intended to protect against abuse of this authority as it relates to national security and the objectives of the CZMA. In any event, the impact of a Secretarial override, if exercised, would only apply to the issue of the State's determination of consistency for the purposes of the Federal license or permit. It can not force the Federal agency to issue the permit. Nor does it influence the issuance or denial of any State agency license or permit. In other words, while the Secretary's override may affect a State's consistency response to a Federal license or permit, it does not force any course of action uuon the State or the responsible Federal agency. The overall thrust of Federal consistency will be to provide closer cooperation and coordination bet- ween Federal, State, and local government agencies involved in coastal zone related activities and management. This will be considered to be a desirable impact and, indeed, is one of the objectives of the CZMA as discussed earlier. Federal approval of a State's program would also signify the State has an acceptable procedure and administrative mechanism to insure the adequate consideration of the national interest involved in the siting of facilities necessary to meet requirements which are other than local in nature. Such facil- ities might include: energy production and transmission; recreation; interstate transportation; pro- duction of food and fiber; preservation of life and property; national defense and aerospace; historic, cultural, aesthetic, and conservation values; and mineral resources, to the extent they are dependent on or relate to the coastal zone. This policy requirement is intended to assure that national concerns over facility siting are expressed and dealt with in the development and implementation of State coastal management programs. The requirement will not compel the States to propose a program which accommodates certain types of facil- ities but will assure that such national concerns are included at an earlv stage in the State's plan- ning activities and that such facilities not he arbitrarily excluded or unreasonably restricted in the management program. This provision will have two impacts. First, it will prohibit a State from arbitrarily or categorically prohibiting or excluding any use or activity dependent on the coastal zone. Whereas in the lack of a comprehensive planning program such consideration might simply be ignored by oversight or default, this reauirement will insure they are specifically included. On the other hand, the existence and approval of an explicit procedure will protect the State from the capricious imposition of actions or projects by Federal agencies in the name of the national interest. In either event, the procedure should lead to the more deliberate and thoughtful and less fragmented and wasteful siting of such facilities in the Nation as a wbole. B. Impacts Resulting from State and Local Government Actions Oregon's Coastal Management Program is an extension of its existing statewide land use program. The coastal management efforts began prior to the passage of the CZMA and will continue even if Federal approval is not received. Likewise, the Oregon land use program provided by Senate Bill 100 is also an existing program that will remain effective even if the Oregon Coastal Management Program is not approved. Thus, the effects of the Program do not result directly from the Federal coastal zone management program. However, Federal funding support and the Federal consistency provisions of the CZ*1A will materially aid the implementation and administration of the Program. At several stages during the development of its coastal management program, Oregon examined the impacts of its proposed, program. OCCDC provided lengthy assessments of both environmental and economic impacts in its Final Report (1975); these were also summarized in the Summary, Final Report. After LCDC assumed active responsibility for developing the Oregon Coastal Management Program from OCCDC, it created a series of Technical Advisory Committees (TAC) to review and develop the special coastal Goals. A special interdisciplinary TAC, representative of a variety of professions and in- terests, was established to examine the environmental and economic impacts and consequences of the proposed Coals. As the Coals were further revised, the LCTC staff economist and natural resource sci- entists again assessed these impacts. Finally, the LCDC provided funding for an evaluation of the plan- ning Coals and Guidelines on the coastal economy. In general, the effect of the Goals [see Appendix 3) combine to cause several environmental effects. Primary among these will be the increased protection of the coast's natural resources. This will re- sult in part from the requirements establishing priorities of uses in different resource categories and also from the requirements to preserve, protect, or maintain certain resources. The Program clearly recognizes the importance of these natural resources and is designed to guide development to- ward tolerant land and water areas and away from areas which are intolerant of or unable to absorb development. While directing utilization of the natural resources, the Goals also require that prior- ity be placed on management of renewable resources, providing for use of all coastal resources by fu- ture generations. Consumptive use of non-renewable resources will only be permitted so long as it does not detract from the long-term management of the renewable resources. The coastal Goals also require that local government comprehensive plans make provision for appropriate water dependent uses, including navigation and transportation, recreation and aesthetic use, and siting for water dependent industrial and commerical facilities. "Tie Program recognizes the necessary role that a coastal location plays in such activities and uses and requires that appropriate areas be desi- gnated for these activities consistent with natural resource constraints and protected from incompati- ble uses. Non-dependent or non-related water uses and activities will only be permitted after natural resource and water dependent activity needs are satisfied. The Coals also expand the basis for decision-making by requiring that specific factors, resources, hazards , and uses be addressed in the planning process and in allocating land and water resources . The major impacts of the Goals are summarized in Table XI. The Oregon Coastal Management Program should also reduce long-term public and private costs. The Goals emphasize land use management solutions rather than structural solutions to coastal problems and haz- ards. They also tend to internalize many of the costs usually treated as externalities and which are borne by the general public. The policies enunciated in the Goals may cause temporary dislocations and adjustments, which will create short-term public and private costs. However, by the utilization of management solutions coupled with the protection of the natural resource base, future and long-term costs will be reduced, while the economic base in the coastal zone will be more stable. Moreover, the very development of comprehensive plans and policies will result in reducing delays and costs associ- ated with permit review and issuance and in stable conditions which will favor long-term capital in- vestment. The Program will also result in increased protection of historic and archaeological sites. 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Placement of the coastal management authorities under the DEQ might result in greater emphasis on environmental protection in the Program. However, because DEQ lacks the broad coordinating roles of LCDC, this alternative would not be as effective in establishing the necessary local government and State agency cooperation. No other State agency has the broad concerns provided to LCDC; most have a narrower charge and are more miss ion- oriented. Designation of a separate agency to administer the Program would also create the additional burden of coordination and integration with the general statewide land use planning efforts by LCDC. This last concern- -coordination with statewide land use efforts --would also apply to the recommendations of creating a new State agency or administering the Program through an amalgam of local governments. During the last year of its existence, OCCDC examined both of these possibilities and hired an independent consultant to also review the major alternatives for, the Program implementation. 55 The consultant concluded LCDC was the appropriate agency for administration of the Oregon Coastal Management Program. Some concern was expressed during the review that the wide scope of LCDC's responsibilities and the land use planning needs of the rest of the State might reduce the attention to or momentum for implementing the Oregon Coastal Management Program; indeed, some delay in the final development of the Program has occurred since active responsibility for the Program was transferred from ncCDC to LCDC. However, the greater effectiveness and potential efficiency generated by integra- tion of the Program into the statewide land use effort will exceed any effects caused by this delay. Finally, some interests have expressed support for the concept of placing the sole responsibility for the Oregon Coastal Management Program with the local governments. Such action Avould, it is felt, place the dec is ion -making closer to local needs . The land use program, including the Oregon Coastal Management Program, administered by LCDC provides for specific decision-making at the local level, in compliance with overall standards established by the State. This allows for local plans to reflect local needs. Moreover, State administration of the Oregon Coastal Management Program provides many benefits not available at the local level. For example, it reauires and provides a mechanism for regional coordination and for the consideration of uses of greater than local benefit and of the national interest, which would be absent in local plans. Location of the Oregon Coastal M anagement Program at the local government level would also require amendments to both the CZMA and the Oregon Land Use Planning Act. Not only does the CZMA require, for example, that the State develop and administer a management program for its coastal zone, but its central philosophy is "The key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone..." (Section 302(h)). Oregon has interpreted this as the development of State planning standards (Goals and Guidelines) with administrative review for compli- ance and enforcement. It is improbable that location of the responsibilities for the Oregon Coastal Management Program with local government would result in greater environmental benefits. It is also unclear how this alter- native would result in conditions different from those which now exist in the coastal zone, or how it would address the "increasing and competing demands" upon and the "urgent need to protect. . .natural systems" in tbe coastal zone (Section 302) . 2. Alternative boundaries . Some reviewers have suggested that Oregon adopt a more restricted boundary for its coastal zone than the one currently proposed. Under this concept, Oregon's coastal zone might be defined as a narrower width of land (such as California selected) , or be restricted to a band similar to the shorelands concept provided in the draft shorelands Goal. The impacts of this alternative are varied. Such a restricted definition might allow a more stringent degree of management by the State over the coastal zone; some have suggested the State might directly develop the land use plans for this narrow strip. Essentially, the State would be trading stronger control over a smaller area for less intense control over a larger area. Since the State already has a statewide land use planning program, this restriction would not leave other areas without plans. It would however, restrict the application of the special coastal Goals, which would permit adverse environmental impacts to occur affecting the coastal waters. It would also preclude the expenditure of Section 306 grant monies to develop, administer, or enforce the plans, including the data and inventory requirements for the interior lands excluded from a restricted boundary. A reduced boundary would reduce the administrative burdens of coordination and cooperation on property owners, including Federal agencies, whose lands would be excluded from the coastal zone. The require- ments for Federal consistency for licenses and permits, as established in CZMA, also would not apply to those lands which were omitted. The biggest impact of reducing the boundary, however, would be to detract significantly from the effectiveness of the overall Oregon Coastal Management Program. The coastal inventories, studies and data Adrich Oregon developed demonstrated the use of the uplands to the limit of the coast ridge has a direct and significant impact on coastal waters. The Oalifornia example is not appropriate to the Oregon coast because of significant differences in natural features and processes, such as topography and rainfall. Forest practices on the coastal slopes of Oregon, for example, can cause siltation, changes in water temperature, flow rates, and aesthetics in coastal waters. Removal of these lands from the coastal boundary, and the loss of funds to administer, study, and enforce the Program in these lands, would result in continued adverse and significant impact on the coastal waters and resources. Virtually every State agency conducting business utilizes the same boundary (the coastal range water- shed) for its planning, management, and regulating authorities. Some of these, for example, the Oregon Water Resources lepartment, have substantial import. Reduction of the Oregon coastal boundary would divide this natural physiographic unit artificially and impose special and inconsistent administrative burdens on both LCDC and other such State agencies . 56 This would detract from the overall comprehensiveness and coordination of the Program. This issue was reexamined because of comments received during the draft EIS review, and the decision to omit Portland was reaffirmed for the same reason. However, the issue will continue to be examined during the Progr an i imp 1 ement a t i on . 3. Alternative definition of excluded Federal lands. For the purpose of the coastal management program the State of Oregon, in its staff management program, defined excluded Federal lands, pursuant to Section 304(1) of the CZMA, as: "Lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents," and interpreted this to mean only those lands owned by the United States and over which it has exclusive jurisdiction. In Oregon this was limited to a few military facilities. The bulk of the Federal lands would have been included within the State's coastal zone, comprising approxi- mately 36 percent of the land area. A number of Federal agencies disagreed with the State's interpretation of the excluded lands position and with the National Ocean and Atmospheric Administration (NOAA) support for this position at the time. In response to the disagreement which arose, MOAA's General Counsel made a formal request to the U. S. Department of Justice for clarification of the legal question concerning the status of Federal Lands in the coastal zone. On August 10, 1976, while the draft EIS was being reviewed, the Assistant Attorney General, Department of Justice, issued an opinion concluding that, "the exclusionary clause excludes all lands owned by the United States from the definition of the coastal zone." The State of Oregon has agreed to abide bv this opinion and to exclude all Federally owned land for the purpose of meeting the requirements of Section 304(a) until such time as the issue of the Federal exclusion is further clarified by Congress or the courts. As an alternative to the policy adopted in the final Oregon Coastal Management Program to exclude all Federally owned lands, the State could maintain the policy of the draft coastal management program, which was described in the draft EIS, and seek approval of a limited Federal lands exclusion. Since NOAA has accepted the opinion of the Department of Justice on this matter, and because, under Section 307(b), the Secretary cannot approve a management program unless the views of Federal agencies principally affected by the program have been adequately considered, the State of Oregon could obtain approval of this policy only through formal mediation proceedings or through judicial action which would uphold the State's earlier position. In either approach, considerable time would be lost, with a resulting loss in Federal funds for implementation to the State and local governments. It is also doubtful that such an approach would be successful, given the language of the CZMA, its legislative history, and the Attorney General's opinion. Because of the combination of : 1) The national mandate for Federal agencies to coordinate and imple- ment their actions consistent with an approved State prograrrij 2) the complex and interdependent nature of activities and land ownership in the Oregon coastal zone^ and, 3) the national interest in the pro- tection, development, and use of coastal resources: the exclusion of Federal lands from the boundaries and conditions of Oregon's Coastal Management Program is a significant issue. However, in close examination of the effects of the excluded lands opinion it appears that the draft EIS description of the impacts of excluding all Federally owned lands may have been overstated. The exclusion of Federally owned lands does not exempt Federal agencies from the consistency require- ments of the CZMA or reduce the administrative responsibility of these agencies to coordinate with the State. This is clear from the Congressional Conference Report on the original CZMA which stated, "Federal lands are not included within a State's coastal zone. As to the use of such lands which would affect a State's coastal zone, the provisions of Section 307(c) would apply" (emphasis added). Section 307(c) of the CZMA addresses Federal activities, development projects, and licenses and permits, Accordingly, regardless of the fact that lands owned by the federal government are not to be included within the boundaries of a State's coastal zone, authority under the Federal consistency provisions of the CZMA is still sufficient to require Federal land-holding agencies to conduct actions on such lands in conformance with approved State programs when the proposed actions would have spill-over impacts in the coastal zone. Furthermore, and very important to States such as Oregon with large land areas in Federal ownership participation in the Federal coastal zone management program ^oes not diminish state jurisdiction respecting Federal lands. The CZMA simply removes Federal lands from the "coastal zone" and thus from direct State control pur suant to a Federally approved coastal management program. States are still free to exercise police power authority on Federal lands excluded from the coastal zone when such State action is legally permissible by virtue of some authority other than the CZMA 57 Federal lands from the "coastal zone" and thus from direct State control pursuant to a Federally appro- ved coastal management program. States are still free to exercise police power authority on Federal lands excluded from the coastal zone when such State action is legally permissible by virtue of some authority other than the CZMA. Due to the extent of the Federal consistency of the CZMA and existing State authority over Federal lands, which remains diminished, the impact of the Federal lands exclusion may be more perceptive than substantive. Comments received from the draft EIS review and puhlic hearings on the Program indicated that several parties perceive Federal agencies as receiving special exemption from the Program. The excluded lands opinion, from this view, detracts from the ability of the State and local governments to develop truly comprehensive plans, and from the concepts of application of the "full authority" of the State and cooperation between all levels of government, which are central to the philosophy of the CZMA. The excluded lands opinion has created some uncertainity in the management and planning for Federally owned lands. Some Federally owned lands in Oregon's coastal area are managed by the State or by pri- vate contractors. For example, Fort Stevens State Park in Clatsop county is owned by the U.S. Army Corps of Engineers but is managed by the Oregon State Parks Division. The daily operation of this park has significant impacts on rural Clatsop county, particular ly during the summer tourist season. Also in Clatsop county, the Corps of Engineers own a large marina which is operated as a private enterprise by a private contractor. With the excluded lands opinion, the planning and management responsibilities for such areas, pursuant to the Oregon Coastal Management Program and the CZMA is confusing and as yet not completely resolved. 4. Alternative coastal goals . During the development of the Oregon Coastal Management Program se\eral possible coastal Coals, creating standards for land and water use planning activities, were discussed. After identifying over 300 separate issues OCCDC established 42 policies, each designating necessary and recommended planning actions. After the OCCDC responsibilities were assumed by LCDC in April, 1975, these poli- cies were examined in light of existing statewide Coals. Fight special coastal Coals were drafted to address specific resource needs unique to the coastal zone. These were presented at a public hearing December, 1975, at which time three- -Estuaries, Beaches and Danes, and Shorelands--were selected for final review, and a new one- -Continental Shelf- -was added. This last Goal was later changed to "Ocean Resources." The others, addressing freshwater resources: geologic hazards; visual values scientific and natural areas; historical and archaeological resources; and fish and wildlife resources were either felt to be adequately covered in existing statewide Coals, or were incorporated into other draft coastal Coals. These four draft coastal Coals were reviewed at a series of 34 public hearings and 94 community meetings before their adoption December 18, 1976 (Appendix 3). Some reviewers of the revised draft Coals indicated concern about the adequacy of coverage for fresh- water fish resources and for the consumptive use of potable freshwater resources . These issues are addressed in other Coals and existing State authorities. These comments were considered during the coastal Goal review and revision process. 5. Alternatives to geographic areas of particular concern . Using criteria described in Oregon's Coastal Management Program, several geographic areas of particu- lar concern have been identified, as reauired in Section 305(b) (3) of the CZMA. These areas are generally based on certain cl asses of resources within the coastal zone of particular value, benefit or importance. They are addressed through a combination of the coastal and statewide Goals and ex- isting special purpose State acts. During the identification of these areas, which are all identifiable features, other methods for determining or controlling such areas were considered. Most significant were the designation of areas of critical State concern by LCDC, or the selection of separate, geographically specific sites rather than general resource features. Such processes would allow the more specific recognition of ual areas, and after legislative review and approval, might permit more specific State regulatory authorities. However, such processes would also require additional time, and for designation of areas of critical State concern, legislative review. These delays would reduce the effectiveness of dealing with these areas, "oreover, both procedures will be used as the Program is administered and refined as tools to express the specific particular concerns about the protection or use of these special resources. By themselves, however, they are not sufficient to address all geographic areas of parti- cular concern. 58 Also, during the review of the Oregon Coastal Management Program, it was suggested that shorelands might be added to the list of areas of particular concern. The specific State interest is expressed in the draft coastal shorelands Goal. Indeed, it might be argued, the development of a special Goal for the shorelands area itself is an explicit expression of particular concern. While this proposal is being considered by the State for future action, under the requirements imposed by the CZMA, all shorelands cannot now be designated as areas of particular State concern because they have not yet been defined and identified; this will depend on the Program implementation. In the interim, however, coastal headlands defined in the shorelands Goal are included within the Oregon Coastal Management Program as areas of particular concern, because these have been identified and mapped in the OCCDC "Visual Resource Anal- ysis in the Oregon Coastal Zone." 6. Alternative Federal consistency procedures . faring the review of the Oregon Coastal Management Program and draft EIS, and in public hearings on the Pro- gram, several individuals expressed concern about the process proposed for determination and certifi- cation of Federal consistency, especially with regard to licenses and permits issued by Federal agencies. The major concerns expressed were: a) b) c) d) c) duplication of existing State permit or A-95 review procedures, the method for notification for consistency review and for soliciting comments from reviewers, the roles of State agencies, councils of governments, and local units of government in the review and consistency determination process , the potential for delay in permit review and approval as a result of the new consistency procedures, and the impacts of any delay, and a general uncertainity as to how the process was to work. Some of the concerns expressed during the review of the State's draft consistency policies in the Oregon Coastal Management Program were due to a separate and competitive consistency proposal de- veloped by a State agency other than the lead agency, LCDC. The proposal developed by the Inter- governmental Relations Division (I^D) utilized the A-95 clearinghouses entirely for all consistency review and determination. The LCDC proposal suggested the use of existing State agency permit pro- cedures, approved local comprehensive plans, and the use of A-95 procedures for review of activities and development projects. The essential differences between the two proposals centers on the mech- anism to be used to certify Federal licenses or permits. The basic features of the two proposals are summarized as: LCDC Staff Proposal IRD Alternative How would consistency be determined? A de facto determination would be made when the State agency issued a cor- responding State agencv permit. As required in SB 100, the State agency determination must be con- sistent with local com- prehensive plan and State goals. LCDC would make the determination after re- ceiving comments solicited as a result of an expanded A-95 review. May a State permit be issued if the proposal is inconsistent with a local comprehensive plan? No. Treated as separate processes. Who is responsible for determination of consistency with local government com- prehensive plan? The affected unit(s) of local government. Council of Governments (COG) collect comments, identifies conflicts, and attempts to resolve. In event of conflicts, COG makes decision. How could notice of consistency review be distributed? By distribution of the State agency permit notices, directly from State agencies to affected parties . By expanding the A-95 review to include public, Federal agencies , and by requiring that Federal licenses and permits be submitted to an A- n 5 review. Local COG's would distribute information to all affected parties. 59 LCDC Staff Proposal IPD Alternative Who will coordinate regional comments and provide a regional overview? Who will be responsible for resolving conflicting comments by local govern- ments? Who will negotiate conflicts between applicant and re- viewers? The County Coordinator, CDC's. with COC's used if de- sired by local govern- ment. Countv Coordinator . roc ' s . IPD at State level, and COG at local level. At the State level, the State agencv with re- source and technical ex- pertise. At the local level (during determination of consistency with local plan), local government and County Coordi- nator will negotiate conflicts. The Federal consistency provisions described in the Oregon Coastal Management Program have been de- scribed in general so as to allow LCDC to study the issues and problems of the two approaches prior to adopting a final mechanism for review of Federal licenses and permits. Neither the CZMA or the NOAA regulations require the detailed procedures for consistency review to be in place at the time of approval . Oregon is developing a method for determining consistency which will be reviewed and revised as neces- sary on a regular basis during the annual review of the Oregon Coastal Management Program. The Program also may be revised at other times as necessary. In the first year of implementation of the Oregon Coastal Management Program the State will consult with Federal and State agencies, councils of govern- ment and local governments to work out a final procedure. A task force will be formed by LCDC to in- clude representatives of various levels of government to review the concerns listed above and make recoimiendations . 60 VII. PROBABLE ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED While an overall assessment of the probable effects would indicate the Oregon Coastal Management Program is environmentally beneficial, a few potential adverse impacts can be identified. As has been discussed, because the Program does not designate site specific land use decisions, but planning standards and criteria, impacts can only be generalized. The Program will clearly preserve and protect some areas and resources, while requiring others (not yet identified) to be developed or reserved for development. While the latter may be considered to be an adverse environmental effect in that some resources will be damaged, it is clearly an improve- ment over the existing process of land use allocation. Such development activities and the concomitant loss of resources already occur, and the Oregon Coastal Management Program will guide future develop- ment so it more clearly reflects resource constraints. The Program will assure selected appropriate areas will be. developed more fully and more swiftly than if development were to proceed in a fragmented, less controlled fashion. The same program, regulations, and plans will reduce or restrict the usability of some lands; this may result in diminished value for some coastal property, with a loss to the property owner and a decrease in property taxes. The Program will cause the value of other areas to be increased. Non- renewable resource extraction or exploitation, which does not now have a prominent role in the coastal Oregon economy, may be restricted or prohibited in some coastal lands. Finally, population and industrial growth will be limited to specific areas, with the result that both may ultimately become more densely concentrated. Development pressures may be redirected from coastal shorelands to more interior lands. While this will provide further protection for the fragile and valuable coastal resources, it will place greater stress on the interior resources. The existing statewide land use efforts will help mitigate this impact. Local government can also mitigate many impacts while developing their local comprehensive plans by providing alternative upland sites and facilities for activity restricted on shorelands , estuaries , or beaches and dunes . VIII. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE i AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY Whil£ approval of the proposed State coastal management program will restrict local, short-term uses of the environment, it will also provide a long-term assurance that the natural resources and bene- fits provided by the Oregon coast will be available for future use and enjoyment. This theme is central to the State and Federal coastal management programs. Without the implementation of rationally based land and water use management programs intense short- term uses and gains, such as provided by residential or industrial development, might be realized. These gains would generally accrue to the private sector. However, such uses would most likely result in long-term restrictions on coastal resource use and benefit because of degradation of the environment -and loss of basic resources. These losses, representing externalities, accrue to both the public and private sectors. Without proper management the traditional conflicts between coastal resource users -- residential, commercial, industrial, timber, recreational, and wildlife -- could be expected to occur. By providing a sound basis for decision-making, and by protecting the important segments of the natural system, the Program will directly contribute to the long-term maintenance of the environment. It will internalize many previous external costs, with the result they will be borne directly to the source causing them. It also establishes a basis for restoring resources which have already been degraded . IX. IRREVERSIBLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES THAT WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED The approval of the Oregon Coastal Management Program will not in itself lead to the loss of resources that a site specific project would. Implementation of the Program, through the local comprehensive plans and coordination of local, State, and Federal activities, however, will lead certain ar^as of the Oregon coastline to be intensely, and for all practical purposes, irreversibly developed. This will cause the loss of some environmental resources . Development would occur in the absence of Program approval, but the Oregon Coastal Management Program will channel such activity toward appro- priate but discreet sites based on specific land and water resource considerations. 61 X. CONSULTATION AND COORDINATION WITH OTHERS The Oregon Land Conservation and Development Commission (LCDC) and its predecessor OCCDC in developing the Program, have solicited extensive participation by a variety of State and Federal agencies, local governments, special interest groups, and the public at large during the preparation of the Program and its components. A complete discussion of this input as presented in the Oregon Coastal Management Pro- gram. The major types and opportunities for review and participation are summarized below. Major opportunities for public involvement in developing the general Goals for the entire State included two series of 28 workshops; 17 public hearings; 17 Technical Advisory Committees (TACs) ; a Citizens Involvement Advisory Committee (CIAC) ; Local Officials Advisory Committee (LOAC) ; State Agency Advisory Committee; and Federal Agency Advisory Committee. Similar opportunities for public involvement during the OCCDC policy development process included 21 public workshops, development and review of resource inventories; and extensive public and agency review of the draft and revised policies. These were followed by 34 public hearings; three public work sessions; and a two day public mark-up session prior to the adoption of the Goals on coastal resources . Major types of opportunities for participation have included public workshops; TACs or resource spec- ialist teams; local government, State and Federal agency and citizen advisory committees; Commission meetings and work sessions; and public hearings. At least 35 Federal departments and agencies and 25 State agencies were invited to participate on the Federal and State agency task forces for the development of the coastal Goals and the coastal management program; 25 Federal and 16 State agencies actually attended one or more of the task force meetings. Where problems were identified, the LCDC held several individual meetings with concerned agencies. In addition to this participation in development of the Goals, the public was also involved in develop- ment of the coastal management program through continuing review of successive drafts by the State and Federal agency task forces, OCCDA, CIAC, LOAC, and individual cities, counties and areawide agencies, and private organizations, and the general public in the coastal zone, as well as through public hearings. The Impacts and Consequences Technical Advisory Committee, established to review the environmental and economic impacts of the coastal Goals, included representatives of Oregon universities, the Federal government, public interest groups, environmental organizations, and industry. Coordination with all these interests remains a key component of Oregon's Coastal Management Program. Their review and input will remain necessary during the development, review, approval, and administration of the final coastal Goals and the local comprehensive plans. XI. PUBLIC HEARING As a part of the review and comment process pursuant to this proposal, a public hearing was conducted by the Office of Coastal Zone Management for the purpose of receiving information and comments from concerned public and private organizations and citizens: September 15, 1976 Marine Science Center Newport, Oregon September 16, 1976 Multnomah County Courthouse Portland, Oregon Copies of the complete State application, with supporting documents, will be available for public inspection at the following locations: Oregon Land Conservation and Development Commission 1175 Court Street, N. E. Salem, Oregon Astoria Public Library Astoria, Oregon Bandon Public Library Bandon, Oregon Bay City Library Bay City, Oregon Chetco Community Library Brookings , Oregon Coos Bay Public Library Coos Bay, Oregon Coquille Public Library Coquille, Oregon Garibaldi Public Library Gilchrist, Oregon Gold Beach Library Gold Beach, Oregon 62 Langlois Library Langlois, Oregon Lincoln City Library Lincoln City, Oregon Manzanita Library Manzanita, Oregon Myrtle Point Library Myrtle Point, Oregon Newport Public Library Newport, Oregon North Bend Public Library North Bend, Oregon Pacific City Library Pacific City, Oregon Port Or ford Public Library Port Orford, Oregon Powers Public Library Powers, Oregon Reedsport Public Library Reedsport, Oregon Seaside Public Library Seaside, Oregon Siletz Public Library Siletz, Oregon Tillamook County Library Tillamook, Oregon Toledo Public Library Toledo, Oregon Waldport Public Library Waldport, Oregon Yachats Public Library Yachats, Oregon Clatsop County Courthouse, Library Astoria, Oregon Oregon State University Library Corvallis , Oregon Southwestern Oregon Community Collegej Library Coos Bay, Oregon Umpqua Community College, Library Roseburg, Oregon University of Oregon, Library F"gene, Oregon And at the following locations in the vicinity of Washington, D.C. Office of Coastal Zone Management National Oceanic and Atmospheric Administration 3300 Whitehaven Street, N.W. , Room 301 Washington, D.C. 20235 U.S. Department of Commerce Main Commerce Building 14th and Constitution, N.W. , Room 7046 Washington, D.C. 20230 6 3 APPENDIX 3 Note: This is only the "Newly Adopted Goals and Guidelines for Coastal Resources" section of Appendix 3 taken from the Oregon Coastal Management Program. Page 177 STATEWIDE PLANNING GOALS AND GUIDELINES 16, 17, 18, & 19 for COASTAL RESOURCES Effective: 1 January 1977 Land Conservation and Development Commission - 1 175 Court Street N.E. - Salem, Oregon 97310 4.47 Page 1 78 4.48 luge 179 CONTENTS Order Adopting State-wide Planning Goals 16, 17, 18, & 19 and associated definitions i Estuarine Resources Goal (No. 16) 1 Coastal Shorelands Goal (No. 17) 11 Beaches and Dunes Goal (No. 18) 19 Ocean Resources Goal (No. 19) 23 The preparation of this publication of state-wide planning goals was financed in part through a Pro- gram Development Grant under the Coastal Zone Management of the National Oceanic and Atmos- pheric Administration. 4.49 Page 180 4.50 rage IS] BEFORE THE LAND CONSERVATION AND DEVELOPMENT COMMISSION OF THE STATE OF OREGON In The Matter of the Adoption ) of Additional State-wide ) ORDER Planning Goals ) Adoption of Coastal State-wide Planning Goals The Land Conservation and Development Commission pursuant to ORS 197.245, 197.235 and 197.240, and as the agency designated by the Governor to administer Oregon's Coastal Management Program, has conducted hearings and heard evidence on additional State-wide Planning Goals. These goals expand upon the group of initial State-wide Planning Goals adopted by the Commission on December 27, 1974 and December 6, 1975. Based on such hearings and evidence the Commission adopts: The Estuarine Resources Goal (Appendix A hereto) The Coastal Shorelands Goal (Appendix B hereto) The Beaches and Dunes Goal (Appendix C hereto) The Ocean Resources Goal (Appendix D hereto) The definitions associated with these goals (Appendix E hereto) These goals shall take effect on January 1 , 1977. II. Inclusion of Temporary Provision in Coastal Shorelands Goal The Coastal Shorelands Goal, one of the four state-wide planning goals adopted above, establishes a "coastal shorelands planning area." The purpose of the planning area is to provide an area within which inventories are conducted in order for cities and counties to identify coastal shorelands and accomplish initial planning for development and use consistent with the Coastal Shorelands Goal. In physical terms the area is quite broad and some of it may ultimately be determined by the city or county governing body not to constitute shorelands. The goal will take effect on January 1, 1977. However, the process of identifying coastal shorelands within the jurisdiction of a city or county may not be completed until a year after that date or even longer. In the meantime it would be unfair and not the Commission's intent that the entire coastal shorelands planning area be subject to the restrictive provisions of the goal pending identification and adoption of coastal shorelands by a city or county governing body. The Coastal Shorelands Goal, however, may be subject to this interpretation. 4.51 Page 182 4.52 »3. 83 Page 2 For these reasons the Commission finds it necessary to limit the area subject to the restrictive provisions of the goal and adopts the following temporary provision for in- clusion in the Coastal Shorelands Goal: "During the interim period prior to the final identification by a city or county governing body of the coastal shore- lands within its jurisdiction, only land within 200 feet measured horizontally from the shoreline or, where there are tidal marshes, then 200 feet from the inland extent of tidal marshes, shall be presumed to constitute shorelands subject to the provisions of the Coastal Shorelands Goal." This provision shall be deemed to be a part of the Coastal Shorelands Goal and to apply to all planning activities affecting land uses within a city or county until such time as the city or county governing body has identified and approved the areas con- stituting coastal shorelands within its jurisdiction. Dated this 18th day of December, 1976. FOR THE COMMISSION: /U~£ /YU+u/^ John D. Mosser, Chairman Land Conservation and Development Commission 4.53 Page 184 4.54 Page 185 GOAL 16. ESTUARINE RESOURCES OVERALL STATEMENT To recognize and protect the unique environmental, economic and social values of each estuary and associated wetlands; and To protect, maintain, where appropriate develop, and where appropriate restore the long-term environmental, economic, and social values, diversity and benefits of Oregon's estuaries. "Comprehensive management programs to achieve these objectives shall be developed by appropriate local, state, and federal agencies for all estuaries. To assure diversity among the estuaries of the State, by June 15, 1977, LCDC with the cooperation and participation of local governments, special districts, and state and federal agencies shall classify the Oregon estuaries to specify the most in- tensive level of development or alteration which may be allowed to occur within each estuary. After completion for all estuaries of the inventories and initial plan- ning efforts, including identification of needs and potential conflicts among needs and goals and upon request of any coastal jurisdiction, the Commission will review the overall Oregon Estuary Classification. Comprehensive plans and activities for each estuary shall provide for appro- priate uses (including preservation) with as much diversity as is consistent with the overall Oregon Estuary Classification, as well as with the biological, economic, re- creational, and aesthetic benefits of the estuary. Estuary plans and activities shall protect the estuarine ecosystem, including its natural biological productivity, habitat, diversity, unique features and water quality. Dredge, fill, or other reduction or degradation of these natural values by man shall be allowed only: ( 1 ) if required for navigation or other water-dependent uses that require an estuarine location; and (2) if a public need is demonstrated; and (3) if no alternative upland locations exist; and (4) if adverse impacts are minimized as much as feasible. INVENTORY REQUIREMENTS Inventories shall be conducted to provide information necessary for designa- ting estuary uses and policies. These inventories shall provide information on the nature, location, and extent of physical, biological, social and economic resources in sufficient detail to establish a sound basis for estuarine management and to enable the identification of areas for preservation and areas of exceptional potential for development. State and federal agencies shall assist in the inventories of estuarine resources. The Department of Land Conservation and Development, with assistance from local government, state and federal agencies, shall establish common inventory standards and techniques, so that inventory data collected by different agencies or units of government, or data between estuaries, will be comparable. COMPREHENSIVE PLAN REQUIREMENTS Based upon inventories, the limits imposed by the overall Oregon Estuary Classification, and needs identified in the planning process, comprehensive plans for coastal areas shall: 1 4.55 Page 186 (1) identify each estuarine area; (2) describe and maintain the diversity of important and unique environmental, economic and social features within the estuary; (3) classify the estuary into management units; and (4) establish policies and use priorities for each management unit using the standards and procedures set forth below. Management Units Diverse resources, values, and benefits shall be maintained by classifying the estuary into distinct water use management units. When classifying estuarine areas into management units, the following shall be considered in addition to the inven- tories: (1) Adjacent upland characteristics and existing land uses; (2) Compatibility with adjacent uses; (3) Energy costs and benefits; and (4) The extent to which the limited water surface area of the estuary shall be committed to different surface uses. As a minimum, the following kinds of management units shall be established: (1) Natural — In all estuaries, areas shall be designated to assure the protec- tion of significant fish and wildlife habitats, of continued biological pro- ductivity within the estuary, and of scientific, research, and educational needs. These shall be managed to preserve the natural resources in recog- nition of dynamic, natural, geological and evolutionary processes. Such areas shall include, at a minimum, all major tracts of salt marsh, tideflats, and seagrass and algae beds. Permissible uses in natural areas shall be undeveloped low-intensity water-dependent recreation; research and educational observation; naviga- tional aides, such as beacons and buoys; protection of habitat, nutrient, fish, wildlife and aesthetic resources; passive restoration measures; and where consistent with the resource capabilities of the area and the pur- poses of this management unit, aquaculture; communication facilities; and active restoration measures. (2) Conservation - In all estuaries, except those in the overall Oregon Estuary Classification which are classed for preservation, areas shall be designated for long-term uses of renewable resources that do not require major altera- tion of the estuary, except for the purpose of restoration. These areas shall be managed to conserve the natural resources and benefits. These shall include areas needed for maintenance and enhancement of biological productivity, recreational and aesthetic uses, and aquaculture. They shall include tracts of significant habitat smaller or of less biological importance than those in (1) above, and oyster and clam beds. Partially altered areas or estuarine areas adjacent to existing development of moderate intensity shall also be included in this classification unless otherwise needed for pre- servation or development consistent with the overall Oregon Estuary Classification. 2 4.56 Permissible uses in conservation areas shall be those allowed in (1) above; active restoration measures; aquaculture; and communication facili- ties. Where consistent with resource capabilities of the area and the pur- poses of this management unit, high-intensity water-dependent recreation; maintenance dredging of existing facilities; minor navigational improve- ments; mining and mineral extraction; water dependent uses requiring occupation of water surface area by means other than fill; and bridge crossings, shall also be appropriate. (3) Development - In estuaries classified in the overall Oregon Estuary Classi- fication for more intense development or alteration, areas shall be desig- nated to provide for navigation and other identified needs for public, commercial, and industrial water-dependent uses, consistent with the level of development or alteration allowed by the overall Oregon Estuary Classi- fication. Such areas shall include deep-water areas adjacent or in proxi- mity to the shoreline, navigation channels, subtidal areas for in-water disposal of dredged material and areas of minimal biological significance needed for uses requiring alteration of the estuary. Permissible uses in areas managed for water-dependent activities shall be navigation and water-dependent commercial and industrial uses. Where consistent with the resource capabilities and the purposes of this manage- ment unit, water-related and non-dependent, non-related uses not requir- ing fill; mining and mineral extraction; and activities identified in (1) and (2) above, shall also be appropriate. As appropriate, needs for the following uses shall be included: (a) Dredge or fill, as allowed elsewhere in the goal; (b) Navigation and water-dependent commercial enterprises and activities; (c) Water transport channels where dredging may be necessary; (d) Disposal of dredged material; (e) Water storage areas where needed for products used in or resulting from industry, commerce, and recreation; (f) Marinas; (g) Aquaculture; (h) Extraction of aggregate resources; (i) Restoration. The cumulative effect of all such uses, activities and alterations shall be considered and described during plan development and adoption. In designating areas for these uses, local governments shall consider the potential for using upland sites to reduce or limit the commit- ment of the estuarine surface area for surface uses. 3 4.57 Page 188 Priority Priorities for use of each of the management units shall be designated which maintain, promote, encourage, or enhance uses and activities compatible with the requirements of this Goal, the capability of the resources, and the objectives of the classification. While the priorities may vary between individual management units consistent with these requirements, the general priorities (from highest to lowest) for use of estuarine resources and for designating different estuarine management units shall be: (1) Uses which maintain the integrity of the estuarine uosystem; (2) Water-dependent uses requiring estuarine location, as consistent with the overall Oregon Estuarine Classification; (3) Water-related uses which do not degrade or reduce the natural estuarine resources and values; and (4) Non-Mopendent, non-related uses which do not alter, reduce or degrade the estuarine resources and values. IMPLEMENTATION REQUIREMENTS (1) Unless fully addressed during the development and adoption of compre- hensive plans, actions which would potentially alter the integrity of the estuarine ecosystem shall be preceded by a clear presentation of the im- pacts of the proposed alteration, and a demonstration of the public's need and g.nn which warrant such modification or loss. (2) State and federal agencies shall review, revise and implement their plans, actions and management authorities to maintain water quality and mini- mize man-induced sedimentation in estuaries. Local government shall recognize these authorities in managing lands rather than developing new or duplicatory management techniques or controls. Existing programs which shall be utilized include: (a) The Oregon Forest Practices Act and Administrative Rules, for forest lands as defined in ORS 527.610 - 527.730 and 527.990 and the Forest Lands Goal; (b) The programs of the Soil and Water Conservation Commission and local districts and the Soil Conservation Service, for Agri- cultural Lands Goal; (c) The non-point source discharge water quality program adminis- tered by the Department of Environmental Quality under Sec- tion 208 of the Federal Water Quality Act as amended in 1972 (PL 92-500); and (d) The Fill and Removal Permit Program administered by the Division of State Lands under ORS 541.605 - 541.665. 4 4.58 Page 189 (3) The State Water Policy Review Board, assisted by the staff of the Oregon Department of Water Resources, and the Oregon Department of Fish and Wildlife, the Oregon Department of Environmental Quality, the Division of State Lands, and the U.S. Geological Survey, shall consider establishing minimum fresh-water flow rates and standards so that resources and uses of the estuary, including navigation, fish and wildlife characteristics, and recreation, will be maintained. (4) When dredge or fill activities are permitted in inter-tidal or tidal marsh areas, their effects shall be mitigated by creation or restoration of another area of similar biological potential to ensure that the integrity of the es- tuarine ecosystem is maintained. (5) Local government and state and federal agencies shall develop comprehen- sive programs, including specific sites and procedures for disposal and stockpiling of dredged materials. These programs shall encourage the dis- posal of dredged material in uplands or ocean waters, and shall permit disposal in estuary waters only where such disposal will clearly be consis- tent with the objectives of this goal and state and federal law. Dredged material shall not be disposed in inter-tidal or tidal marsh estuarine areas unless part of an approved fill project. (6) Local government and state and federal agencies shall act to restrict the proliferation of individual single-purpose docks and piers by encouraging community facilities common to several uses and interests. The size and shape of a dock or pier shall be limited to that required for the intended use. Alternatives to docks and piers, such as mooring buoys, dryland stor- age, and launching ramps shall be investigated and considered. (7) State and federal agencies shall assist local government in identifying areas for restoration. Restoration is appropriate in areas where activities have ad- versely affected some aspect of the estuarine system, and where it would contribute to a greater achievement of the objective of this goal. Appro- priate sites include areas of heavy erosion or sedimentation, degraded fish and wildlife habitat, anadromous fish spawning areas, abandoned diked estuarine marsh areas, and areas where water quality restricts the use of estuarine waters for fish and shellfish harvest and production, or for human recreation. (8) State agencies with planning, permit, or review authorities affected by this goal shall review their procedures and standards to assure that the objec- tives and requirements of the goal are fully addressed. In estuarine areas the following authorities are of special concern: 5 4.59 Paue l l >0 Division of State Fill and Removal ORS 541.605 Lands Law — 541.665 Mineral Resources OR S 273.55 1 ; ORS 273.775 — 273.780 Submersible and ORS 274.005 Submerged Lands — 274.940 Department of Economic Ports Planning ORS 777.835 Development Water Resources Depart- Appropriation of ORS 537.010 ment Water — 537.990 ORS 543.010 — 543.620 Department of Geology Mineral Extraction ORS 520.005 and Mineral Industries Oil and Gas Drilling — 520.095 Depart nent of Forestry Forest Practices Act ORS 527.610 — 527.730 Department of Energy Regulation of thermal ORS 469.300 power and nuclear — 469.570 installation Department of Environ- Water Quality ORS 468.700 mental Quality — 468.775 Sewage Treatment ORS 454.010 & Disposal Systems — 454.755 6 4.60 Page 191 GUIDELINES The requirements of the Estuarine Resources Goal should be addressed with the same consideration applied to previously adopted goals and guidelines. The plan- ning process described in the Land Use Planning Goal (Goal 2), including the excep- tions provisions described in Goal 2, applies to estuarine areas and implementation of the Estuarine Resources Goal. Because of the strong relationship between estuaries and adjacent coastal shore- lands, the inventories and planning requirements for these resources should be closely coordinated. These inventories and plans should also be fully coordinated with the requirements in other state planning goals, especially the Goals for Open Spaces, Scenic and Historic Areas and Natural Resources; Air, Water and Land Re- sources Quality; Recreational Needs; Transportation; and Economy of the State. A. Inventories In detail appropriate to the level of development or alteration proposed, the inventories for estuarine features should include: 1 . Physical characteristics a. Size, shape, surface area, and contour, including water depths; b. Water characteristics including, but not limited to, salinity, temperature, and dissolved oxygen. Data should reflect average and extreme values for the months of March, June, September, and December as a minimum; and c. Substrate mapping showing location and extent of rock, gravel, sand, and mud. 2. Biological characteristics Location, Description, and Extent of: a. The common species of benthic (living in or on bottom) flora and fauna; b. The fish and wildlife species, including part-time residents; c. The important resting, feeding, and nesting areas for migrating and resident shorebirds, wading birds and wildfowl; d. The areas important for recreational fishing and hunting, including areas used for clam digging and crabbing; e. Estuarine wetlands; f. Fish and shellfish spawning areas; g. Significant natural areas; and h. Areas presently in commercial aquaculture. 3. Social and economic characteristics Location, Description, and Extent of: a. The importance of the estuary to the economy of the area; b. Existing land uses surrounding the estuary; c. Man-made alterations of the natural estuarine system; 7 4.61 Page 192 d. Water dependent industrial and/or commercial enterprises; e. Public access; f. Historical or archaeological sites associated with the estuary; and g. Existing transportation systems. B. Historic, Unique and Scenic Waterfront Communities Local government comprehensive plans should encourage the maintenance and enhancement of historic, unique, and scenic waterfront communities, allowing for non-water dependent uses as appropriate in keeping with such communities. C. Transportation Local governments and state and federal agencies should closely coordinate and integrate navigation and port needs with shoreland and upland transportation faci- lities and the requirements of the Transportation Goal. The cumulative effects of such plans and facilities on the estuarine resources and values should be considered. D. Mitigation In identifying and assessing sites to mitigate the effects of dredging or filling, the following factors should be considered: 1. In selecting sites of similar biological potential, areas should preferably be chosen with similar ecological characteristics. The intention of the require- ment is to provide an area that, with time, will develop a qualitatively and quantitatively similar fauna and flora. The emphasis is on similar poten- tial, not substitute productivity. The area provided does not have to be fully developed biologically; the opportunity, at least, should exist for it to develop once the area is returned to the estuarine system. However, the surface area of the estuary should not be diminished. 2. The most appropriate sites would be those in the general proximity of the proposed dredge or fill action. These would probably contain the most similar ecological characteristics. If similar areas are not available nearby, then areas in other parts of the estuary may be selected according to the similarity of the following characteristics (in order of importance, most important first): a. salinity regime b. tidal exposure and elevation c. substrate type d. current velocity and patterns e. orientation to solar radiation f. slope 3. If similar areas, or those with a similar potential, cannot be found or pro- vided, then mitigation efforts should seek to restore areas or resources which are in the greatest scarcity compared to their past abundance and distribution. That is, those resources which have been most severely im- pacted by man's activities, measured by a ratio of present to past abun- dance, should be restored through mitigation. 8 4.62 Page 193 4. Appropriate locations for mitigation activities include: a. Dredged material islands, which could be lowered (by removal of spoil) to the intertidal level, thus adding the surface area back to the estuarine system; b. Diked marsh areas which have been abandoned or are in disrepair; and c. Estuarine areas removed from effective circulation by causeways or other fills, where circulation can be restored or improved through replacement of the causeway with pilings or culverts. 5. The transfer of ownership of estuarine lands, including wetlands and sub- mersible lands, to public ownership; the dedication of estuarine lands for certain natural uses; and the provision of funds for research or land acqui- sition do not constitute mitigation as required by this Goal. E. Impact Assessment The impact assessment required in the Goal should be applied at the time of plan development, for alterations projected or identified in the plan , or at the time of permit review and approval for actions not identified in the plan. The impact assessment should not be lengthy or complex, but it should enable reviewers to gain a clear understanding of the impacts to be expected. It should include information on: 1 . The type and extent of alterations expected; 2. The type of resources (s) affected; 3. The expected extent of impacts of the proposed alteration on water quality and other physical characteristics of the estuary, living resources, recreation and aesthetic use, navigation and other existing and potential uses of the estuary; and 4. The methods which could be employed to avoid or minimize adverse impacts. 9 4.63 Page 194 10 4.64 Page 195 GOAL 17. COASTAL SHORELANDS OVERALL STATEMENT To conserve, protect, where appropriate develop and where appropriate restore the resources and benefits of all coastal shorelands, recognizing their value for pro- tection and maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic resources and recreation and aesthetics. The management of these shoreland areas shall be compatible with the characteristics of the adjacent coastal waters; and To reduce the hazard to human life and property, and the adverse effects upon water quality and fish and wildlife habitat, resulting from the use and enjoyment of Oregon's coastal shorelands. Programs to achieve these objectives shall be developed by local, state, and federal agencies having jurisdiction over coastal shorelands. Land use plans, implementing actions and permit reviews shall include con- sideration of the critical relationships between coastal shorelands and resources of coastal waters, and of the geologic and hydrologic hazards associated with coastal shorelands. Local, state and federal agencies shall within the limit of their authorities maintain the diverse environmental, economic, and social values of coastal shore- lands and water quality in coastal waters. Within those limits, they shall also mini- mize man-induced sedimentation in estuaries, nearshore ocean waters, and coastal lakes. INVENTORY REQUIREMENTS Inventories shall be conducted to provide information necessary for identifying coastal shorelands and designating uses and policies. These inventories shall provide information on the nature, location, and extent of geologic and hydrologic hazards and shoreland values, including fish and wildlife habitat, water dependent uses, eco- nomic resources, recreational uses, and aesthetics in sufficient detail to establish a sound basis for land and water use management. The inventory requirements shall be applied within an area known as a coastal shorelands planning area. This planning area is not an area within which develop- ment or use is prohibited. It is an area for inventory, study, and initial planning for development and use to meet the Coastal Shorelands Goal. The planning area shall be defined by the following: (1) All lands west of the Oregon Coast Highway as described in ORS 366.235, except that: (a) In Tillamook County, only the lands west of a line formed by connecting the western boundaries of the following described roadways: Brooten Road (County Road 887) northerly from its junction with the Oregon Coast Highway to Pacific City U 4.65 Page 196 McPhillips Drive (County Road 915) northerly from Pacific City to its junction with Sandlake Road (County Road 871), Sandlake-Cape Lookout Road, (County Road 871) northerly to its junction with Cape Lookout Park, Netarts Bay Drive (County Road 665) northerly from its junction with the Sand- lake-Cape Lookout Road (County Road 871) to its junction at Netarts with State Highway 131, and northerly along State Highway 131 to its junction with the Oregon Coast Highway near Tillamook. (b) In Coos County, only the lands west of a line formed by con- necting the western boundaries of the following described road- ways: Oregon State 240, Cape Arago Secondary (FAS 263) southerly from its junction with the Oregon Coast Highway to Charleston; Seven Devils Road (County Road 33) southerly from its junction with Oregon State 240 (FAS 263) to its junc- tion with the Oregon Coast Highway, near Bandon; and (2) All lands within an area defined by a line measured horizontally (a) 1000 feet from the shoreline of estuaries; and (b) 500 feet from the shoreline of coastal lakes. COMPREHENSIVE PLAN REQUIREMENTS Based upon inventories, comprehensive plans for coastal areas adjacent to the ocean, estuaries, or coastal lakes shall: (1) identify coastal shorelands; (2) establish policies and uses of coastal shorelands in accordance with standards set forth below: Identification Lands contiguous with the ocean, estuaries, and coastal lakes shall be identified as coastal shorelands. The extent of shorelands shall include at least: ( 1 ) Lands which limit, control, or are directly affected by the hydraulic action of the coastal water body, including floodways; (2) Adjacent areas of geologic instability; (3) Natural or man-made riparian resources, especially vegetation necessary to stabilize the shoreline and to maintain water quality and temperature necessary for the maintenance of fish habitat and spawning areas; (4) Areas of significant shoreland and wetland biological habitats; (5) Areas necessary for water-dependent and water-related uses, including areas of recreational importance which utilize coastal water or riparian resources, areas appropriate for navigation and port facilities, and areas having characteristics suitable for aquaculture; 12 4.66 Page 197 (6) Areas of exceptional aesthetic or scenic quality, where the quality is pri- marily derived from or related to the association with coastal water areas; and (7) Coastal headlands. Coastal Shoreland Uses (1) Major marshes, significant wildlife habitat, coastal headlands, exceptional aesthetic resources, and historic and archaeological sites shall be protected. Uses in these areas shall be consistent with protection of natural values. Such uses may include propagation and selective harvesting of forest pro- ducts consistent with the Oregon Forest Practices Act, grazing, harvesting wild crops, and low intensity water-dependent recreation. (2) Shorelands in urban and urbanizable areas especially suited for water- dependent uses shall be protected for water-dependent recreational, com- mercial and industrial uses. Some factors which contribute to this special suitability are: (a) deep water close to shore with supporting land transport facilities suitable for ship and barge facilities; (b) potential for aquaculture; (c) protected areas subject to scour which would require little dredging for use as marinas; and (d) potential for recreational utilization of coastal water or riparian resources. (3) Shorelands in rural areas other than those designated in (1) above shall be used as appropriate for: (a) farm uses as provided in OR.S Chapter 215; (b) propagation and harvesting of forest products consistent with the Oregon Forest Practices Act; (c) private and public water-dependent recreation developments; (d) aquaculture; (e) water-dependent commercial and industrial uses and water-related uses only upon a finding by the governing body of the county that such uses satisfy a need which cannot be accommodated on shorelands in urban and urbanizable areas; (f) subdivisions, major and minor partitions and other uses only upon a finding by the governing body of the county that such uses satisfy a need which cannot be accommodated at other upland locations or in urban or urbanizable areas and are compatible with the objectives of this goal to protect riparian vegetation and wildlife habitat; and (g) a single family residence on existing lots, parcels or units of land when compatible with the objectives and implementation standards of this goal. 13 4.67 Page 198 Priority General priorities for the overall use of coastal shorelands (from highest to lowest) shall be to: ( 1 ) Promote uses which maintain the integrity of estuaries and coastal waters; (2) Provide for water-dependent uses; (3) Provide for water-related uses; (4) Provide for non-dependent, non-related uses which retain flexibility of future use and do not prematurely or inalterably commit shorelands to more intensive uses; (5) Provide for development, including non-dependent, non-related uses, in urban areas compatible with existing or committed uses; (6) Permit non-dependent, non-related uses which cause a permanent or long-term change in the features of coastal shorelands only upon a demonstration of public need. IMPLEMENTATION REQUIREMENTS (1) The Oregon Department of Forestry shall recognize the unique and special values provided by coastal shorelands when developing standards and policies to regulate uses of forest lands within coastal shorelands. With other state and federal agencies, the Department of Forestry shall develop forest management practices and policies which protect and maintain the special shoreland values and forest uses. (2) The land use planning and regulatory authorites of local government and state and federal agencies shall manage floodplain areas in coastal shore- lands to promote use and development consistent with the hazards to life and property. Priority uses for flood hazard and floodplain areas shall include agriculture, forestry, recreation and open space, and uses which are water-dependent. (3) Local government, with assistance from state and federal agencies, shall identify coastal shoreland areas which may be used to fulfill the mitiga- tion requirement of the Estuarine Resources Goal. These areas shall be protected from new uses and activities which would prevent their ultimate restoration or addition to the estuarine ecosystems. (4) Coastal shorelands identified under the Estuarine Resources Goal for dredged material disposal shall be protected from new uses and activities which would prevent their ultimate use for dredged material disposal. 14 4.68 Page 199 (5) Because of the importance of the vegetative fringe adjacent to coastal waters to water quality, fish and wildlife habitat, recreational use and aesthetic resources, riparian vegetation shall be maintained; and where appropriate restored and enhanced, consistent with water-dependent uses. (6) Land-use management practices and non-structural solutions to problems of erosion and flooding shall be preferred to structural solutions. Where shown to be necessary, water and erosion control structures, such as jetties, bulkheads, seawalls, and similar protective structures; and fill, whether located in the waterways or on shorelands above ordinary high water mark, shall be designed to minimize adverse impacts on water currents, erosion and accretion patterns. 15 4.69 Page 200 16 4.70 Page 201 GUIDELINES The requirements of the Coastal Shorelands Goal should be addressed with the same consideration as applied to previously adopted goals and guidelines. The plan- ning process described in the Land Use Planning Goal (Goal 2), including the exceptions provisions described in Goal 2, applies to coastal shoreland areas and implementation of the Coastal Shorelands Goal. Because of the strong relation of estuarine shorelands to adjacent estuaries, the inventory and planning requirements for estuaries and estuarine shorelands should be fully coordinated. Coastal shoreland inventories and planning should also be fully coordinated with those required in other statewide planning goals, supplementing them where necessary. Of special importance are the plan requirements of the Goals for Agricultural Lands; Forest Lands; Open Spaces, Scenic and Historic Areas and Natural Resources; Air, Water and Land Resources Quality; Areas Subject to Natural Disasters and Hazards; Recreational Needs; and Economy of the State. A. Inventories In coastal shoreland areas the following inventory needs should be reviewed. The level of detail of information needed will differ depending on the development or alteration proposed and the degree of conflict over the potential designation. 1 . Hazard areas, including at least: a. Areas the use of which may result in significant hydraulic alteration of other lands or water bodies; b. Areas of geological instability in, or adjacent to shorelines; and c. The 100 Year Floodplain. 2. Existing land uses and ownership patterns, economic resources, develop- ment needs, public facilities, topography, hydrography, and similar infor- mation affecting shorelands; 3. Areas of aesthetic and scenic importance; 4. Coastal shoreland and wetland biological habitats which are dependent upon the adjacent water body, plus other coastal shoreland and adjacent aquatic areas of biological importance (feeding grounds, nesting sites, areas of high productivity, etc.) natural areas and fish and wildlife habitats; 5 . Areas of recreational importance ; 6. Areas of vegetative cover which are riparian in nature or which function to maintain water quality and to stabilize the shore- line; 17 4.71 Page 202 7. Sedimentation sources, 8. Areas of present public access and recreational use; 9. The location of archaeological and historical sites; and 10. Coastal headlands. B. Floodplain In the development of comprehensive plans, the management of uses and development in floodplain areas should be expanded beyond the minimal considera- tions necessary to comply with the HUD National Flood Insuiance Program and the requirements of the Flood Disaster Protection Act of 1973. Communities may wish to distinguish between the floodway and floodfringe in developing coastal shoreland plans; development in the floodway should be more strictly controlled. Government projects in coastal shorelands should be examined for their impact on flooding, potential flood damage, and effect on growth patterns in the flood- plain. Non-water dependent emergency service structures (such as hospitals, police and fire stations) should not be constructed in the floodplain. Although they may be flood-proofed, access and egress may be prevented during a flood emergency, C. Open Space, Natural Areas and Aesthetic Resources, and Recreation Coastal Shorelands provide many areas of unique or exceptional value and benefit for open space, natural areas, and aesthetic and recreational use. The re- quirements of the Goals for Open Spaces, Scenic and Historic Areas and Natural Resources (Goal No. 5) and Recreational Needs (Goal No. 8) should be carefully coordinated with the * oastal shoreland planning effort. The plan should provide for appropriate public access to and recreational use of coastal waters. Public access through and the use of private property shall require the consent of the owner and is a trespass unless appropriate easements and access have been acquired in accordance with law. D. Development Needs In coordination with planning for the Estuanne Resources Goal, coastal shore- land plans should designate appropriate sites for water-dependent activities, and for dredged material disposal. Historic, unique, and scenic waterfront communities should be maintained and enhanced, allowing for non water-dependent uses as appropriate in keeping with such communities. E. Transportation The requirements of the Transportation Goal should be closely coordinated with the Coastal Shorelands Goal. Coastal transportation systems frequently utilize shoreland areas and may significantly affect the resources and values of coastal shorelands and adjacent waters; they should allow appropriate access to coastal shorelands and adjacent waters, and be planned in full recognition of the protec- tion needs for the special resources and benefits which shorelands provide. 18 4.72 Page 203 GOAL 18. BEACHES AND DUNES OVERALL STATEMENT To conserve, protect, where appropriate develop, and where appropriate restore the resources and benefits of coastal beach and dune areas; and To reduce the hazard to human life and property from natural or man-induced actions associated with these areas. Coastal comprehensive plans and implementing actions shall provide for diverse and appropriate use of beach and dune areas consistent with their ecological, recrea- tional, aesthetic, water resource, and economic values, and consistent with the natural limitations of beaches, dunes and dune vegetation for development. INVENTORY REQUIREMENTS Inventories shall be conducted to provide information necessary for identifying and designating beach and dune uses and policies. Inventories shall describe the sta- bility, movement, groundwater resource, hazards and values of the beach and dune areas in sufficient detail to establish a sound basis for planning and management. For beach and dune areas adjacent to coastal waters, inventories shall also address the inventory requirements of the Coastal Shorelands Goal. COMPREHENSIVE PLAN REQUIREMENTS Based upon the inventory, comprehensive plans for coastal areas shall: (1) identify beach and dune areas; and (2) establish policies and uses for these areas consistent with the provisions of this goal. Identification Coastal areas subject to this goal shall include beaches, active dune forms, re- cently stabilized dune forms, older stabilized dune forms and interdune forms. Uses Uses shall be based on the capabilities and limitations of beach and dune areas to sustain different levels of use or development, and the need to protect areas of critical environmental concern, areas having scenic, scientific, or biological impor- tance, and significant wildlife habitat. IMPLEMENTATION REQUIREMENTS (1) Local governments and state and federal agencies shall base decisions on plans, ordinances and land use actions in beach and dune areas, other than older stabilized dunes, on specific findings that shall include at least: (a) the type of use proposed and the adverse effects it might have on the site and adjacent areas; 19 4.73 Page 204 (b) temporary and permanent stabilization programs and the planned maintenance of new and existing vegetation; (c) methods for protecting the surrounding area from any adverse effects of the development; and (d) hazards to life, public and private property, and the natural environment which may be caused by the proposed use. (2) Local governments and state and federal agencies shall prohibit residential developments andcommerical and industrial buildings on active foredunes, on other foredunes winch are conditionally stable and that are subject to ocean undercutting or wave overtopping, and on interdune areas (defla- tion plains) that are subject to ocean flooding. Other development in these areas shall be permitted only if the findings required in (1) above are pre- sented and it is demonstrated that the proposed development: (a) is adequately protected from any geologic hazards, wind erosion, undercutting, ocean flooding and storm wavej; or ir. of minimal value; and (b) is designed to minimize adverse environmental effects. (3) Local governments and state and federal agencies shall regulate actions in beach and dune areas to minimize the resulting erosion. Such actions in- clude, but are not limited to the destruction of desirable vegetation (including inadvertent destruction by moisture loss or root damage), the exposure of stable and conditionally stable areas to erosion, and construc- tion of shore structures which modify current or wave patterns leading to beach erosion (4) Local, state and federal plans, implementing actions and permit reviews shall protect the groundwater from drawdown which would lead to loss of stabilizing vegetation, loss of water quality, or intrusion of salt water into water supplies. (5) Permits for beach front protective structures shall be issued under ORS 390.605 390.770, only where development existed on January 1, 1977. The Oregon Department of Transportation, cooperating with local, state and federal agencies shall develop criteria to supplement the Oregon Beach Law (ORS 390.605 390.770) for issuing permits for construction of beach front protective structures. The criteria shall provide that: (a) visual impacts are minimized; (b) necessary access to the beach is maintained; (c) negative impacts on adjacent property are minimized; and (d) long-term or recurring costs to the public are avoided. (6) Foredunes shall be breached only to replenish sand supply in interdune areas, or on a temporary basis in an emergency (e.g., fire control, cleaning up oil spills, draining farm lands, and alleviating Hood hazards), and only if the breaching and restoration after breaching is consistent with sound principles of conservation. 20 4. 74 Page 205 GUIDELINES The requirements of the Beaches and Dunes Goal should be addressed with the same consideration as applied to previously adopted goals and guidelines. The plan- ning process described in the Land Use Planning Goal (Goal 2), including the ex- ceptions provisions described in Goal 2, applies to beaches and dune areas and imple- mentation of the Beaches and Dunes Goal. Beaches and dunes, especially interdune areas (deflation plains) provide many unique or exceptional resources which should be addressed in the inventories and planning requirements of other goals, especially the Goals for Open Spaces, Scenic and Historic Areas and Natural Resources; and Recreational Needs. Habitat provided by these areas for coastal and migratory species is of special importance. A. Inventories Local government should begin the beach and dune inventory with a review of Beaches and Dunes of the Oregon Coast, USDA Soil Conservation Service and OCCDC, March, 1975, and determine what additional information is necessary to identify and describe: 1 . The geologic nature and stability of the beach and dune landforms; 2. patterns of erosion, accretion, and migration; 3. storm and ocean flood hazards; 4. existing and projected use, development and economic activity on the beach and dune landforms; and 5. areas of significant biological importance. B. Examples of Minimal Development Examples of development activity which are of minimal value and suitable for development in conditionally stable dunes and deflation plains include beach and dune boardwalks, fences which do not affect sand erosion or migration, and tempo- rary open-sided shelters. C. Evaluating Beach and Dune Plans and Actions Local government should adopt strict controls for carrying out the Implemen- tation Requirements of this goal. The controls could include: 1 . requirement of a site investigation report financed by the developer; 2. posting of performance bonds to assure that adverse effects can be corrected; and 3. requirement of re-establishing vegetation within a specified time. D. Sand By-Pass In developing structures that might excessively reduce the sand supply or in- terrupt the longshore transport or littoral drift, the developer should investigate, and where possible, provide methods of sand by-pass. 21 4. 75 Page 206 E. Public Access Where appropriate, local government should require new developments to dedi- cate easements for public access to public beaches, dunes and associated waters. Access into or through dune areas, particularly conditionally stable dunes and dune complexes, should be controlled or designed to maintain the stability of the area, protect scenic values and avoid fire hazards. F. Dune Stabilization Dune stabilization programs should be allowed only when in conformance with the comprehensive plan, and only after assessment of their potential impact. G. Off Road Vehicles Appropriate levels of government should designate specific areas for the recrea- tional use of off road vehicles (ORV's). This use should be restricted to limit damage to natural resource* and avoid conflict with other activities, including other recrea- tional use. 22 4.76 Page 207 GOAL 19. OCEAN RESOURCES OVERALL STATEMENT To conserve the long-term values, benefits and natural resources of the nearshore ocean and the continental shelf. All local, state, and federal plans, policies, projects, and activities which affect the territorial sea shall be developed, managed and conducted to main- tain, and where appropriate, enhance and restore, the long-term benefits de- rived from the nearshore oceanic resources of Oregon. Since renewable ocean resources and uses, such as food production, water quality, navigation, recrea- tion, and aesthetic enjoyment, will provide greater long-term benefits than will non-renewable resources, such plans and activities shall give clear priority to the proper management and protection of renewable resources. INVENTORY REQUIREMENTS As local governments and state and federal agencies implement plans or carry out actions, projects, or activities related to or affecting ocean resources, they shall develop inventory information necessary to understand the impacts and relationship of the proposed activity to continental shelf and nearshore ocean resources. As specific actions are proposed, inventory information shall be gathered by the unit of government considering the action with assistance from those agencies and governments which use or manage the resources. The inventory shall be sufficient to describe the long-term impacts of the proposed action on resources and uses of the continental shelf and nearshore ocean. IMPLEMENTATION REQUIREMENTS (1) State and federal agencies with planning, permit, or review autho- rities affected by the Ocean Resources Goal shall review their procedures and standards to assure that the objectives and re- quirements of the goal are fully addressed. The following authori- ties are of special concern: Division of State Lands Fill and Removal Law ORS 541 .605 — 541.665 ORS 273.775 — 273.780 ORS 274.005 — 274.940 ORS 274.885 — 274.895 Mineral resources Submersible and sub- merged Lands Kelp Law Department of Economic Development Ports Planning ORS 777.835 Department of Geology and Mineral Industries Mineral Extraction Oil and Gas Drilling ORS 520.005 — 520.095 23 4.77 Page 208 Department of Energy Regulation of thermal ORS 469.300 power and nuclear — 469.570 installation Department of Environ- Water Quality Permits ORS 468.700 mental Quality — 468.775 Oil spillage regula- ORS 468.780 tion — 468.815 Department of Fish and Fisheries regulation ORS Chapter Wildlife — 506 (2) Each state and federal agency, special district, city and county within the limits of its jurisdiction and as necessary to: (i.) determine the impact of proposed projects or actions; and (ii.) for the sound conservation of ocean resources; shall: (a) Fishery Resources (i.) Develop scientific information on the stocks and life histories of commercially, recreationally, and ecologically important species of fish, shell- fish, marine mammals and other marine fauna. (ii.) Designate and enforce fishing regulations to maintain the optimum sustainable yield (OSY) while protecting the natural marine ecosystem. (iii.) Develop and encourage improved fishing prac- tices and equipment to achieve the OSY while protecting the natural marine ecosystem. (iv.) Develop scientific understanding of the effects of man's activities, including navigation, mineral extraction, recreation, and waste discharge, on the marine ecosystem. (b) Biological Habitat (i.) Identify and protect areas of important biolo- gical habitat, including kelp and other algae beds, seagrass beds, rock reef areas and areas of important fish, shellfish and invertebrate con- centration. (ii.) Identify and protect important feeding areas; spawning areas; nurseries; migration routes; and other biologically important areas or marine mammals, marine birds, and commercially and recreationally important fish and shellfish. (iii.) Determine and protect the integrity of the ma- rine ecosystem, including its natural biological productivity and diversity. 24 4.78 Page 209 (c) Navigation and Ports (i.) Determine for the state as a whole, the navi- gation needs for the coast of Oregon. Such needs will reflect, in part, the capability of each port to handle differing types of ship traffic, consis- tent with other statewide planning goals. (ii.) Maintain appropriate navigation lanes and faci- lities free from interference by other uses to pro- vide safe transportation along and to the Oregon Coast. (d) Aesthetic Use Maintain the aesthetic enjoyment and experiences provi- ded by ocean resources. (e) Recreation Identify, maintain and enhance the diversity, quality, and quantity of recreational opportunities on and over the Oregon continental shelf, as consistent with the Beaches and Dunes Goal and Estuarine Resources Goal. (f) Waste Discharge and Mineral Extraction Provide that extraction of materials from or discharge of waste products into or affecting the Oregon territorial sea do not substantially interfere with or detract from the use of the continental shelf for fishing, navigation, recreation, or aesthetic purposes, or from the long-term protection of renewable resources. (g) Dredged Material Disposal Provide for suitable sites and practices for the open sea discharge of dredged materials, which do not substantially interfere with or detract from the use of the continental shelf for fishing, navigation, or recreation, or from the long-term protection of renewable resources. (h) Archaeological Sites Identify and protect, whenever possible, significant under- water archaeological sites of the continental shelf. 25 4.79 Page 2 1 (3) Contingency Plans Before issuing permits for development on the Oregon continental shelf, state and federal agencies, in coordination with the permit- ee, shall establish contingency plans and emergency procedures to be followed in the event that th° operation results in conditions which threaten to damage the environment. 26 4.80 Page 211 GUIDELINES A. Implementation The Ocean Resources Goal does not include any specific plan requirements. It primarily sets implementation requirements, giving priority to certain uses and re- quiring that actions affecting Ocean Resources must be preceded by an inventory and based on sound information. These requirements address all units of government. Examples of plans, actions or programs of local government which might affect the identified ocean resources include construction and expansion of port and navigation facilities, recreation use, and disposal of chemical, thermal, sewage or dredged material wastes. Other kinds of actions in ocean resource and continental shelf areas are primarily under the regula- tory authority of state and federal agencies; these activites must be closely coordi- nated with local government to avoid or minimize impact on adjacent and affected upland areas. B. Inventory The goal does not intend that local government and state and federal agencies develop complete inventories of ocean resources. Rather, it requires that actions affecting the nearshore ocean and continental shelf areas be based upon a sound understanding of the resources and potential impacts. Therefore, the inventory should identify the affected ocean area and describe the extent and significance of: 1. Hydrographic conditions and processes, including characteristics of ocean waves, current, tidal, water quality, and bottom; 2. Geology, 3. Biological features, including fish and shellfish stocks; other biologi- cally important species; important habitat areas including sea grass and algae beds; and other elements important to maintaining the biological resource such as plankton and benthos; 4. Mineral deposits, including sand and gravel and hydrocarbon resources; and 5. Present and projected uses, use patterns, and values associated with the ocean resource, including commercial fishing, port and navigation uses, recreational activities, and waste discharges. C. Research Resource agencies and research organizations should continue to develop com- plete and comprehensive information on ocean resources to promote their proper management and protection. D. Fish Harvest State and federal agencies should encourage, where appropriate and in keeping with sound practices for conservation of ocean resources, the exploitation of un- utilized and underutilized fish species. 27 4.81 Page 212 Permits Permits for development on the Oregon continental shelf should: 1 . Designate areas within the proposed development where activities such as exploration and extraction, will be prohibited; 2. Specify methods and equipment to be used and standards to be met; 3. Require the developer to finance monitoring and inspection of the development by the appropriate state agency; 4. Require that pollution abatement utilize the best available technology when needed to protect coastal resources; 5. Require the developer to be liable for individual or public damage caused by the development and to post adequate bonding or other evi- dence of financial responsibility to cover damages; 6. Speciiy the extent of restoration that must be accomplished, where appropriate, when the development is finished; 7. Specify that the state or federal government may revoke or modify a permit to prevent or halt damage to the environment and that such revocation or modification will recognize vested rights of the developer; 8. Require the developei to describe the extent and magnitude of onshore support and operation facilities and their social, economic and environ- mental impacts on the Oregon coast; and 9. Be available for public review and comment before issuance. 28 4.82 NOTE: Definitions on 4.03 & 4.04 which apply to all 19 Statewide Planning Goals and Guidelines adopted by the Land Conservation and Development Commission. DEFINITIONS Page 213 ACCRETION: The build-up of land along a beach or shore by the deposition of water- borne or airborne sand, sediment, or other material. ANADROMOUS: Referring to fish, such as salmon, which hatch in fresh water, migrate to ocean waters to grow and mature, and re- turn to fresh waters to spawn. ARCHAEOLOGICAL RESOURCES: Those districts, sites, buildings, structures, and arti- facts which possess material evidence of human life and culture of the prehistoric and historic past. (See Historical Resources defini- tion.) AVULSION: A tearing away or separation by the force of water. Land which is separated from uplands or adjacent properties by the action of a stream or river cutting through the land to form a new stream bed. B BEACH: Gently sloping areas of loose material (e.g., sand, gravel, and cobbles) that extend landward from the low-water line to a point where there is a definite change in the material type or landform, or to the line of vegetation. BENTHIC: Living on or within the bottom sediments in water bodies. COASTAL LAKES: Lakes in the coastal zone that are created by a dune formation or that have a hydrologic surface or subsurface con- nection with salt water. COASTAL SHORELANDS: Those areas im- mediately adjacent to the ocean, all estuaries and associated wetlands, and all coastal lakes. COASTAL STREAM: Any stream within the coastal zone as defined in ORS 191.1 10. COASTAL WATERS: Territorial ocean wat- ers of the continental shelf; estuaries; and coastal lakes. COASTAL ZONE: The area lying between the Washington border on the north to the California border on the south, bounded on the west by the extent of the state's jurisdic- tion, and in the east by the crest of the coastal mountain range, with the exception of: (a) The Umpqua River basin, where the coastal zone shall extend to Scottsburg; (b) The Rogue River basin, where the coastal zone shall extend to Agness; (c) The Columbia River basin, where the coastal zone shall ex- tend to the downstream end of Puget Island. (ORS 191.110) CONTINENTAL SHELF: The area seaward from the ocean shore to the distance when the ocean depth is 200 meters, or where the ocean floor slopes more steeply to the deep ocean floor. The area beyond the state's juris- diction is the OUTER Continental Shelf. D DEFLATION PLAIN: The broad interdune area which is wind scoured to the level of the summer water table. DIVERSITY: The variety of natural, environ- mental, economic, and social resources, values, benefits, and activities. DUNE: A hill or ridge of sand built up by the wind along sandy coasts. DUNE, ACTIVE: A dune that migrates, grows and diminishes from the face of wind and supply of sand. Active dunes include all open sand dunes, active hummocks, and active foredunes. DUNE, CONDITIONALLY STABLE: A dune presently in a stable condition, but vulnerable to becoming active due to fra- gile vegetative cover. DUNE, OLDER STABILIZED: A dune that is stable from wind erosion, and that has significant soil development and that may include diverse forest cover. They in- clude older foredunes. DUNE, OPEN SAND: A collective term for active, unvegetative dune landforms. DUNE, RECENTLY STABILIZED: A dune with sufficient vegetation to be stabi- lized from wind erosion, but with little, if any, development of soil or cohesion of the sand under the vegetation. Recently stabi- lized dunes include conditionally stable foredunes, conditionally stable dunes, dune complexes, and younger stabilized dunes. DUNES, YOUNGER STABILIZED: A wind stable dune with weakly developed soils and vegetation. DUNE COMPLEX: Various patterns of small 29 4.83 Page 214 dunes with partially stabilized intervening areas. ECOSYSTEM: The living and non-living com- ponents of the environment which interact or function together, including plant and animal organisms, the physical environment, and the energy systems in which they exist. All the components of an ecosystem are inter-related. ESTUARY: A body of wnter semi-enclosed by land, connected with the open ocean, and within which salt water is usually diluted by freshwater derived from the land. The estuary includes: (a) Estuarine water: (b) Tidelands; (c) Tidal marshes; and (d) Submerged lands. Estuaries extend upstream to the head of tide- water, except for the Columbia River Estuary, which by definition is considered to extend to the western edge of Puget Lland. FILL: The placement by man of sand, sedi- ment, or other material, usually in submerged lands or wetlands, to create new uplands or raise the elevation of land. FLOODPLAIN: The area adjoining a stream, tidal estuary or coast that is subject to regional flooding. A REGIONAL (100-YEAR) FLOOD is a standard statistical calculation used by engineers to determine the probability of severe flooding. It represents the largest flood which has a one-percent chance of occurring in any one year in an area as a result of periods of higher than normal rainfall or streamflows, extremely high tides, high winds, rapid snowmelt, natural stream blockages, tsunamis, or combinations thereof. FLOODWAY: The normal stream channel and that adjoining area of the natural flood- plain needed to convey the waters of a regional flood while causing less than one foot increase in upstream flood elevations. FLOODFRINGE: The area of the flood- plain lying outside of the floodway, but subject to periodic inundation from flood- ing. FOREDUNE, ACTIVE: An unstable barrier ridge of sand paralleling the beach and subject to wind erosion, water erosion, and growth from new sand deposits. Active foredunes may include areas with beach grass, and occur in sand spits and at river mouths as well as elsewhere. FOREDUNE * ONDITIONALLY STABLE: An active foredune that has ceased growing in height and that has become conditionally stable with regard to wind erosion. FOREDUNE, OLDER: A conditionally stable foredune that has become wind stabilized by diverse vegetation and soil development. FOREST LANDS: See definition of commer- cial forest lands and uses in the Oregon Forest Practices Act and the Forest Lands Goal. GEOLOGIC: Relating to the occurrence and properties of earth Geologic hazards include faults, land and mudslides, and earthquakes. H HEADLANDS: Bluffs, promontories or points of high shore land jutting out into the ocean, generally sloping abruptly into the water. Oregon headlands are generally identified in the report on Visual Resource Analysis of the Oregon Coastal Zone, OCCDC, 1974. HISTORICAL RESOURCES: Those districts, sites, buildings, structures, and artifacts which have a relationship to events or conditions of the human past. (See Archaeological Resour- ces definition.) HUMMOCK, ACTIVE: Partially vegetated (usually with beach grass), circular, and ele- vated mounds of sand which are actively growing in size. HYDRAULIC: Related to the movement or pressure of water. Hydraulic hazards are those associated with erosion or sedimentation caused by the action of water flowing in a river or streambed, or oceanic currents and waves. HYDRAULIC PROCESSES: Actions resulting from the effect of moving water or water pressure on the bed, banks, and shorelands of water bodies (ocean, estuarine, streams, lakes, and rivers). HYDROGRAPHY: The study, description and mapping of oceans, estuaries, rivers and lakes. 30 4.84 Page 215 HYDROLOGIC: Relating to the occurrence and properties of water. Hydrologic hazards including flooding (the rise of water) as well as hydraulic hazards associated with the movement of water. not necessarily completely natural or undis- turbed, but can be significant for the study of natural, historical, scientific, or paleontologi- cal features, or for the appreciation of natural features. I IMPACT: The consequences of a course of action; the effect of a goal, guideline, plan, or decision. INTEGRITY: The quality or state of being complete and functionally unimpaired; the wholeness or entirety of a body or system, in- cluding its parts, materials, and processes. The integrity of an ecosystem emphasizes the inter- relatedness of all parts and the unity of its whole. INTERDUNE AREA: Low-lying areas be- tween higher sand landforms which are generally under water during part of the year. (See also Deflation Plain) INTERTIDAL: Between the levels of mean lower low tide (MLLT) and mean higher high tide (MHHT). LCDC: Land Conservation and Development Commission of the State of Oregon. Seven lay- citizens, non-salaried, appointed by the Governor, confirmed by the Oregon Senate; at least one commissioner from each Congres- sional District; no more than two from Mult- nomah County. LITTORAL DRIFT: The material moved, such as sand or gravel, in the littoral (shallow water nearshore) zone under the influence of waves and currents. M MANAGEMENT UNIT: A discrete geographic area, defined by biophysical characteristics and features, within which particular uses and activities are promoted, encouraged, pro- tected, or enhanced, and others are discour- aged, restricted, or prohibited. N NATURAL AREAS: Includes land and water that has substantially retained its natural character, which is an important habitat for plant, animal, or marine life. Such areas are O OCCDC: Oregon Coastal Conservation and Development Commission, created by ORS 191; existed from 1971 to 1975. Its work is continued by LCDC. OCEAN FLOODING: The flooding of low- land areas by salt water owing to tidal action, storm surge, or tsunamis (seismic sea waves). Land forms subject to Ocean Flooding include beaches, marshes, coastal lowlands, and low- lying interdune areas. The highest predicted tide is approximately six (6) feet above Mean Sea Level (MSL). The highest probable storm surge is four to seven (4 - 7) feet above pre- vailing tidal elevation. The highest probable tsunami is approximately 14 feet above pre- vailing tidal elevation in mouths of estuaries and slightly higher on beaches. Because tidal flooding occurs twice daily, the effect of high tide is superposed on that of storm surges or tsunamis in determining the impact of these phenomena. PUBLIC GAIN: The net gain from combined economic, social, and environmental effects which accrue to the public because of a use or activity and its subsequent resulting effects. R RECREATION: Any experience voluntarily engaged in largely during leisure (discretion- ary time) from which the individual derives satisfaction. COASTAL RECREATION occurs in off- shore ocean waters, estuaries, and streams, along beaches and bluffs, and in adjacent shorelands. It includes a variety of activities, from swimming, scuba diving, boating, fish- ing, hunting, and use of dune buggies, shell collecting, painting, wildlife observation, and sightseeing, to coastal resorts and water- oriented restaurants. LOW INTENSITY RECREATION does not require developed facilities and can be 31 4.85 Page 216 accommodated without change to the area or resource. E.g.. boating, hunting, hiking, wildlife photography, and beach or shore activities can be low intensity recreation. HIGH INTENSITY RECREATION uses specially built facilities, or occurs in such density or form that it requires or results in a modification of the area or resource. Campgrounds, golf courses, public beaches, and marinas are examples of high intensity recreation. RESTORE: Revitalizing, returning, or replac- ing original attributes and amenities, such as natural biological productivity, aesthetic and cultural resources, which have been diminish- ed or lost by past alterations, activities, or catastrophic events. ACTIVE RESTORATION involves the use of specific positive remedial actions, such as removing fills, installing water treatment facilities, or rebuilding deteriorated urban waterfront areas. PASSIVE RESTORATION is the use of natural processes, sequences, and timing or which occurs after the removal or reduc- tion of adverse stresses without other speci- fic positive remedial action. RIPARIAN: Of, pertaining to, or situated on the edge of the bank of a river or other body of water. RIPRAP: A layer, facing, or protective mound of stones randomly placed to prevent erosion, scour or sloughing of a structure or embankment; also, the stone so used. In local usage, the similar use of other hard material, such as concrete rubble, is also frequently in- cluded as riprap. SEDENTARY: Attached firmly to the bot- tom, generally incapable of movement. SHORELINE: The boundary line between a body of water and the land, measured on tidal waters at mean higher high water, and on non- tidal waterways at the ordinary high water mark. SIGNIFICANT HABITAT AREAS: A land or water area where sustaining the natural re- source characteristics is important or essential to the production and maintenance of aquatic life or wildlife populations. SUBSTRATE: The medium upon which an organism lives and grows. The surface of the land or bottom of a water body. SUBTIDAL: Below the level of mean lower low tide (MLLT). TERRITORIAL SEA: The ocean and seafloor area from mean low water seaward three nau- tical miles. TIDAL MARSH: Wetlands from lower high water (LHW) inland to the line of non-aquatic vegetation. W WATER-DEPENDENT: A use or activity which can be carried out only on, in, or ad- jacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water. WATER-RELATED: Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water- dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or ser- vices offered. Except as necessary for water- dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories; and trailer parks are not generally considered dependent on or related to water location needs. WETLANDS: Land areas where excess water is the dominant factor determining the nature of soil development and the types of plant and animal communities living at the soil surface. Wetland soils retain sufficient moisture to support aquatic or semi-aquatic plant life. In marine and estuarine areas, wetlands are bounded at the lower extreme by extreme low water; in freshwater areas, by a depth of six feet. The area below wetlands are submersed lands. 32 .86 O U.S. GOVERNMENT PRINTING OFFICE: 1977--240-848/61 PENN STATE UNIVERSITY LIBRARIES ADDDD7QTLID312