BBR project faces wetlands hurdle

The plan for a Welcome Center at Black Butte Ranch (BBR) has bogged down in a controversy over its location on a what may be a wetland.

Most maps show the surrounding area titled as Black Butte Swamp. Black Butte Ranch contends the area is not a wetland; the Army Corps of Engineers appears to disagree.

A Deschutes County public hearing was held last September to address the site location for the construction of the Welcome Center and other related issues.

Loy Helmly, General Manager of BBR, declined to comment on the most recent developments. However, Helmly previously confirmed that it had become necessary for BBR to hire an expert to establish that the location for the planned Welcome Center should not be classified as wetland and, therefore, that there were no problems with building the facility on the proposed site (see "BBR projects running over budget," The Nugget, September 20, 2006).

Deschutes County has yet to weigh in regarding the wetlands issue and may be waiting to see how the decision comes down from the Oregon Department of State Lands (ODSL) which is currently reviewing the information.

Christina Veverka, Natural Resource Coordinator for ODSL, said, "I contacted the wetlands section to review the area and decide about the wetlands delineation at the location."

However, she has still not heard back from Salem on the formal position that will be taken by ODSL.

Veverka said that, "The Corps (Army Corps of Engineers) is calling the area in question jurisdictional and a wetland."

The Corps confirmed that, "A site visit was conducted by a member of the staff, Ms. Merina Christoffersen, on October 25, 2006. Ms. Christoffersen noted culvert connectivity and visible water marks, drift lines and performed two soil borings which revealed hydric indicators. Drainage patterns were seen in the adjacent wetlands."

Gary Holbrook of Holbrook Design, the architectural firm responsible for both the design and the permitting of the BBR Welcome Center, said, "We are awaiting a review from the Division (Department) of State Lands which also involves the Army Corps of Engineers to see what they say."

A letter dated November 2, 2006, addressed to Holbrook from the Army Corps of Engineers reads in part: "We noted some confusion on interpretation of wetland criteria ... Hydric vegetation, water stained leaves and drainage patterns were noted in the channel and in the adjacent meadow during the site visit. These parameters are sufficient criteria to delineate the area as wetland."

The letter further states that, "We (the Corps) have reviewed the additional information Holbrook provided us and anecdotal accounts of seasonal inundation of the project area. We have also reviewed aerial photographs, United States Geological Survey (USGS) topographical maps and National Wetland Inventory maps, which show the project area as a drainage with adjacent wetlands."

"That letter was pretty vague," Holbrook said. "There are actually two things going on. The Division (Department) of State Lands will essentially determine if it has jurisdiction, and, at that point if they decide it is, they will then determine if it is a wetland."

Holbrook said, "The county, in regards to the land use approval, is also waiting to see what the Division (Department) of State Lands says, although they might actually make a ruling ahead of time with conditions based upon Corps and the Division (Department) of State Lands rulings."

ODSL's Veverka said that, "Black Butte sent in a state permit application, and the state has 120 days to respond. I reviewed it on October 11, so the 120 days would start from then."

She said that the person reviewing the case has some reports and some other information in her hands but will likely have to come out to the site to make her own determination as to whether this property should be cataloged as wetlands by the state.

If the ODSL finds the location to be delineated as wetlands and the Army Corps of Engineers continues in its position that it has jurisdiction, BBR will be forced to make decisions regarding the location of the Welcome Center or its viability.

Such a designation doesn't necessarily mean the project at the proposed location will have to be scuttled, but it could mean expensive mitigation.

According to Holbrook, "The only real problems of all of this will be the costs."