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Section 4. Section 4(F) Resources, Uses, and Measures to Minimize Harm

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Section 4. Section 4(F) Resources, Uses, and Measures to Minimize Harm Section 4. Section 4(f) Resources, Uses, and Measures to Minimize Harm 4.1 Parks and Recreational Section 4(f) Resources The Draft Section 4(f) Evaluation process for parks, recreation areas, and wildlife or waterfowl refuges involves the following steps: 1. Identifying publicly owned lands in the project area of potential effect (APE) that may be protected by Section 4(f) as parks, recreation areas, or wildlife or waterfowl refuges. 2. Evaluating the applicability of Section 4(f) to those lands. 3. Determining whether any of the alternatives would result in a “use” of Section 4(f) resources. 4. Evaluating avoidance alternatives and minimization/mitigation measures for any resources where a Section 4(f) use would occur. (Avoidance alternatives were discussed in Section 3.) Section 4(f) park and recreational resources inside the Sellwood Bridge Project APE are depicted on Figure 1.6-1. The ensuing subsections provide the following information about each of these resources: • Description • Section 4(f) Use Determination • Build Alternatives that Avoid Section 4(f) Use • Measures to Minimize Harm The No Build Alternative would have no impact on Section 4(f) resources. 4.1.1 Springwater Corridor Trail Description The Springwater Corridor Trail is a shared-use trail on a former rail line in southeast Portland. The paved surface is generally 12 feet wide with soft shoulders. The trail accommodates walkers, joggers, hikers, bicyclists, those in wheelchairs, and strollers. Inside the vicinity of the Sellwood Bridge Project, the trail is adjacent to an active (but lightly used) rail line, goes under the Sellwood Bridge, and terminates at SE Umatilla Street, where a gap in the trail exists. The Springwater Corridor Trail is the major southeast segment of the Portland Metro area’s 40- Mile Loop trail system. The trail itself extends far beyond the boundaries of the Sellwood Bridge project area, connecting several parks and open spaces, including Tideman Johnson Natural Area, Beggars-Tick Wildlife Refuge, the I-205 Bike Path, Leach Botanical Garden, Powell Butte Nature Park, and Gresham’s Main City Park. Sellwood Bridge Project Draft Section 4(f) Evaluation 4(f)-41 Parks and Recreational Section 4(f) Resources Section 4. Section 4(f) Resources, Uses, and Measures to Minimize Harm Springwater Corridor Trail. Section 4(f) Use Determination All Build alternatives would result in a similar Section 4(f) use of this resource because of temporary occupation of the trail associated with construction. Under all Build alternatives, parts of the trail would close during rehabilitation of the main bridge and installation of the bicycle/pedestrian bridge structure that would go over the trail. The estimated duration for constructing the Build alternatives is 3 to 4 years. Sections of trail underneath the main bridge and the bicycle/pedestrian bridge would be closed for brief periods at sporadic times during the project when overhead construction was occurring. Although this impact would be temporary, it would constitute a Section 4(f) use because project actions (under all the Build alternatives) currently do not meet the Section 4(f) statute’s fifth temporary occupation exception criterion (23 CFR 774.13[d]): There must be documented agreement of the appropriate Federal, State, or local officials having jurisdiction over the resource regarding the above conditions [a reference to the first four Section 4(f) temporary occupation exception criteria]. To satisfy this fifth criterion, the project would need to have documented agreement from Portland Parks and Recreation (PP&R) and Metro, the two public agencies that co-administer the Springwater Corridor Trail. To this end, communication has been initiated between the Sellwood Bridge project team, PP&R, and Metro regarding the issue of whether Build alternative impacts to the Springwater Corridor Trail are minor enough to meet the Section 4(f) temporary occupation exception criteria. Thus far, although neither PP&R nor Metro has determined that Build alternative impacts meet the temporary occupation exception criteria, they are open to future dialogue on this matter pending further project design details. Therefore, absent the aforementioned documented agreement, it is concluded presently that a Section 4(f) use of the Springwater Corridor Trail would occur under all Build alternatives. If PP&R and Metro concur at a later time that Build alternative impacts are minor enough to meet the temporary occupation exception criteria, there would be no Section 4(f) use at the Springwater Corridor Trail as a result of any Build alternative actions. Build Alternatives that Avoid Section 4(f) Use None. All Build alternatives would result in a Section 4(f) use of this resource. 4(f)-42 Sellwood Bridge Project Draft Section 4(f) Evaluation Parks and Recreational Section 4(f) Resources Section 4. Section 4(f) Resources, Uses, and Measures to Minimize Harm Measures to Minimize Harm Measures to minimize harm to the Springwater Corridor Trail under all Build alternatives would include, but would not be limited to, the following: • Installing overhead containment structures over the Springwater Corridor Trail in the vicinity of bridge construction • Preparing a detour plan in coordination with PP&R and Metro to address the manner in which Springwater Corridor Trail users would be rerouted during times of trail closure • Providing a temporary detour for the Springwater Corridor Trail, to include the following elements, as necessary: − Surfacing − Signage − Pavement markings 4.1.2 Willamette Greenway Trail (East Bank) Description In 1988, the City of Portland adopted the Willamette Greenway Plan, whose stated goal was “to protect, conserve, maintain, and enhance the scenic, natural, historical, economic, and recreational qualities of lands along the Willamette River.” The Willamette Greenway Plan fulfilled the intentions of Oregon Planning Goal 15 (Willamette River Greenway). A primary objective of the Willamette Greenway Plan was “to create a continuous recreational trail extending the full length on both sides of the Willamette River but not necessarily adjacent to the river for the entire length.” As of 2007, a continuous Willamette Greenway Trail does not exist, but sections of the trail are in place, including sections located inside the project area. On the east side of the river inside the project area, a designated section of the Willamette Greenway Trail (East Bank) extends south from Sellwood Riverfront Park, passes under the Two views of the Willamette Greenway Trail (East Bank). Sellwood Bridge Project Draft Section 4(f) Evaluation 4(f)-43 Parks and Recreational Section 4(f) Resources Section 4. Section 4(f) Resources, Uses, and Measures to Minimize Harm Sellwood Bridge, and terminates at SE Umatilla Street. While the sections of the trail south of SE Spokane Street are on private property, they are still a public recreational resource. The City of Portland has a trail easement to this section of trail and manages this section of trail as part of the overall public trail system. The Willamette Greenway Trail (East Bank)’s primary use is as a recreational trail for walking and biking. Aside from the paved trail itself, the only trail-related improvements are the disabled-access public restrooms located in Sellwood Riverfront Park. Section 4(f) Use Determination All Build alternatives would result in a similar Section 4(f) use of this resource because of temporary occupation of the trail associated with construction. Under all Build alternatives, parts of the trail would close during rehabilitation of the main bridge and installation of the bicycle/pedestrian bridge structure that would go over the trail. The estimated duration for constructing the Build alternatives is 3 to 4 years. Sections of trail underneath the main bridge and the bicycle/pedestrian bridge would be closed for brief periods at sporadic times during the project when overhead construction was occurring. Although this impact would be temporary, it would constitute a Section 4(f) use because project actions (under all the Build alternatives) currently do not meet the Section 4(f) statute’s fifth temporary occupation exception criterion (23 CFR 774.13[d]): There must be documented agreement of the appropriate Federal, State, or local officials having jurisdiction over the resource regarding the above conditions [a reference to the first four Section 4(f) temporary occupation exception criteria]. To satisfy this fifth criterion, the project would need to have documented agreement from Portland Parks and Recreation (PP&R), the agency that administers the Willamette Greenway Trail (East Bank). To this end, communication has been initiated between the Sellwood Bridge project team and PP&R regarding the issue of whether Build alternative impacts to the Willamette Greenway Trail (East Bank) are minor enough to meet the Section 4(f) temporary occupation exception criteria. Thus far, although PP&R has not determined that Build alternative impacts meet the temporary occupation exception criteria, it is open to future dialogue on this matter pending further project design details. Therefore, absent the aforementioned documented agreement, it is concluded presently that a Section 4(f) use of the Willamette Greenway Trail (East Bank) would occur under all Build alternatives. If PP&R concurs at a later time that Build alternative impacts are minor enough to meet the temporary occupation exception criteria, there would be no Section 4(f) use at the Willamette Greenway Trail (East Bank) as a result of any Build alternative actions. Build Alternatives that Avoid Section 4(f) Use None. All Build alternatives would result in a Section 4(f) use of this resource. Measures to Minimize Harm Measures to minimize harm to the Willamette Greenway Trail (East Bank) under all Build alternatives would include, but would not be limited to, the following: • Installing overhead containment structures over the Willamette Greenway Trail (East Bank) in the vicinity of bridge construction 4(f)-44 Sellwood Bridge Project Draft Section 4(f) Evaluation Parks and Recreational Section 4(f) Resources Section 4.
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