July 8, 2020 Josh Mulhollem, Environmental and Policy Program

July 8, 2020

Josh Mulhollem, Environmental and Policy Program Manager Oregon State Marine Board 435 Commercial St. NE, Ste. 400 Salem, OR 97301

Sent via email

Dear Mr. Mulhollem,

The Portland Planning and Sustainability Commission (PSC) is pleased to share the results of the June 23, 2020, PSC public hearing on river recreation for the River Plan / South Reach project. While the issue of wakes was not considered in the earlier draft of the Plan, at this hearing there was tremendous public interest and huge amount of both written and oral testimony regarding river recreation and the issue of wakes on the Lower Willamette.

We heard loud and clear that Portlanders love this river! Following testimony, the PSC deliberated on whether to address the wake issue in the Plan and our recommendation to City Council. We also informed testifiers that we would share all testimony received with the Oregon State Marine Board (OSMB), which you should have received from us already. This letter provides context, a summary of public comment received, and our recommendation that the City of Portland petition the Oregon State Marine Board to establish a Slow No Wake Zone between the Hawthorne and Sellwood Bridges and at Powers Marine Park and Elk Rock Island.

Background River Plan / South Reach is a 20-year plan that focuses on watershed health and resilience, recreation, tribal engagement and collaboration and riverfront communities. It updates the city’s 1987 Willamette Greenway Plan. The Plan includes a future vision, policy guidance and a list of implementation actions to achieve the vision. The Plan includes changes to Comprehensive Plan and Zoning Code text and maps. It also includes Natural Resources and Scenic Resources protection plans.

The plan has been developed over a two-year period with staff holding 63 meetings and events where 960 participants had an opportunity to provide input to city planners. A first public hearing on the proposed draft plan was held on February 25, 2020, where 64 people testified.

The PSC’s mission is to ensure that City plans are consistent with and implement the 2035 Comprehensive Plan and the Climate Action Plan. This takes thoughtful consideration of many important topics and can lead to recommendations that balance different goals and objectives. The PSC makes recommendations to City Council. City Council takes final action on plans after holding a public hearing with testimony.

Portland Bureau of Planning and Sustainability leads the City’s long-range planning and sustainability agenda and coordinates with bureaus and agencies at all levels to ensure consistency with and implementation of planning and climate change policy mandates.

River Plan / South Reach is an example of a community planning effort that addresses policy mandates and guidance. It furthers and implements statewide planning goals, Portland’s 2035 Comprehensive Plan, Climate Action Plan, and other local plans, policies and programs.

June 23, 2020 PSC Public Hearing on River Recreation in River Plan / South Reach Minutes from the June 23 public hearing that includes oral testimony are available online.

At the hearing, we learned that there are hundreds of people who are passionate about river recreation on the Willamette River. Nearly all the approximately 930 testifiers wanted to comment on boating safety and shared comments that specifically related to the April 28, 2020, letter we sent to you asking for consideration of a Slow No Wake zone from the Hawthorne Bridge to the Sellwood Bridge.

June 23, 2020 PSC Public Hearing Summary We began the hearing with an introduction that I provided and then one by a Bureau of Planning and Sustainability (BPS) staff person that highlighted governmental roles related to river recreation and river recreation highlights from the River Plan/South Reach Proposed Draft (January 2020). Key points in the presentations included: • Key state agencies for river recreation are the Department of State Lands (DSL), Oregon State Marine Board (OSMB) and Department of Land Conservation and Development (DLCD). • Multnomah County Sheriff’s Office River Patrol is the primary enforcer of laws associated with river recreation. • Portland Parks and Recreation is responsible for the planning, development, operations and maintenance of city parks facilities and natural areas. • There are 5 objectives and associated actions related to river recreation in the draft plan. They address the provision of facilities and services for a variety of river recreation activities and seek to minimize conflicts between different river users and minimize impacts on natural resources, especially shallow water habitat. (See pages Pt. 1, pages 56-60) • BPS staff Debbie Bischoff provided a summary of the written testimony received, which totaled 890. Staff’s summary was based on review of over 600 pieces of testimony. At that point, about 2/3 of the comments received supported a Slow No Wake Zone. Attached to this letter is a summary of all written testimony received.

The PSC then received oral testimony from 33 people. Nearly all the testimony seemed to be prompted by the Slow No Wake Zone recommendation that we sent to you in the April 28, 2020 letter. As stated

earlier, the PSC then considered public input from the written and oral testimony to determine if wake related recommendations should be added to the Plan. Some folks supported a Slow No Wake Zone; others did not. The biggest concern expressed by those who supported a Slow No Wake Zone was the impacts of large wake generating activities on light watercraft, floating home moorages, shallow water habitat and the riverbank. A few people testified that addressing climate change was important, suggesting the promotion of electric engines to replace gas fueled motorboats. Those who spoke against the Slow No Wake zone want the river to be used by all boaters, that implementation of such a recommendation would increase boater conflicts not reduce them, and that boater education should address safety concerns. A couple of commenters asked for more racial diversity on the river and equity in terms of access to the river for recreation, noting that swimming and light watercraft are affordable to a wider range of residents than motorboats.

The PSC also considered information from the National Marine Fisheries Service and input from the City’s Bureau of Environmental Services regarding ecological impacts of wakes on Threatened and Endangered species of salmonids and on their habitats.

After that, the hearing was closed, and the PSC held a discussion. Commissioner Chris Smith noted asymmetry in safety concerns among river recreation users and indicated interest in seeing an analysis of the demographics of the different communities of river users. Commissioner Oriana Magnera voiced consideration of racial justice in this context. Additionally, she recommended that staff check in with the City’s Tribal Government Liaison and interested tribes about the restoration and maintenance of salmon habitat; and to be conscious of people living on boats don’t get displaced.

The PSC also considered the City’s obligation to address land use planning Goals in its decision-making process, with particular focus on Goal 15, the Willamette River Greenway state-wide goal. Ecological, equity and climate impacts were significant factors in the PSC’s adoption of a new Action item related to boat wakes.

Recommendation Commissioner Mike Houck proposed a new action be formally added to the River Plan/South Reach:

New action R11D: The City of Portland, to address river recreational safety and ecological health of the river, will petition the Oregon State Marine Board to establish a Slow No Wake Zone between the Hawthorne and Sellwood Bridges and at Powers Marine Park and Elk Rock Island. Timeframe: Ongoing

The PSC unanimously supported the amendment to add a new action R11D and will highlight this action in their transmittal of the River Plan/South Reach PSC recommended draft to City Council.

River Plan / South Reach Next Steps After the June 23, 2020 public hearing the Planning and Sustainability Commission unanimously approved the River Plan / South Reach Proposed Draft as amended by PSC at work sessions held on March 10, May 12 and 26 and June 23 of this year. They recommended forwarding the

revised draft plan to City Council for their consideration. We are aiming to bring the project to Council for a public hearing in late summer or early fall.

Upcoming OSMB Meeting We are aware that the OSMB would like to have a Portland Planning and Sustainability Commissioner attend the July 22-23, 2020 OSMB meeting for the Lower Willamette rule making discussion. Unfortunately, I am not able to attend the meeting, but Vice-Chair Commissioner Steph Routh and Commissioner Mike Houck have agreed to attend your virtual meeting. Several City staff also plan to be there in case you have questions that they can answer. Please let me know if you have any questions about this letter.

We appreciate the OSMB engaging in a democratic rule making process to address boating safety issues in the Lower Willamette.

Sincerely,

Eli Spevak Chair

[attachment]

C: Portland Planning and Sustainability Commission Andrea Durbin, Director, Bureau of Planning and Sustainability Sallie Edmunds, Supervising Planner, Bureau of Planning and Sustainability Debbie Bischoff, Senior Planner, Bureau of Planning and Sustainability

ATTACHMENT

SUMMARY OF WRITTEN TESTIMONY RECEIVED ON RIVER PLAN / SOUTH REACH PROPOSED DRAFT

June 23, 2020 Planning and Sustainability Commission (PSC) Public Hearing

The PSC received a tremendous amount of testimony from passionate river users. There were 896 total submissions in the electronic Map App tool.

Nearly all of it was on boating regulations, which is not in the direct purview of the City of Portland or addressed in the River Plan/South Reach proposed draft . That said, it is fairly common for the PSC to receive testimony suggesting action items beyond the current project’s scope or even the city’s authority. The PSC appreciates all testimony.

The testimony received is from a broad spectrum of river users from wake boaters to paddle boarders, fisher people and swimmers too. Some folks enjoy both motorized and nonmotorized boating activities on the river.

Some testimony emphasized the need for more education for all river users and the need for more enforcement of rules.

Of the 896 written testifiers, 517 or 58% supported a Slow No Wake (SNW) zone. And 358 (40%) were against a SNW zone (a few of whom favored a compromised approach).

Some reasons cited by testifiers supporting less regulation and not supportive of a Slow No Wake Zone included: (1) the river should be for all users, (2) a SNW zone would force motorboaters to other areas adding to congestion at those locations, (3) the SNW zone as proposed is too large an area and (4) light watercraft shouldn’t be prioritized over motorized boats.

For light watercraft users their biggest concern was with boats that produce large wakes and concerns for capsizing, injuries and damages to watercraft (particularly for less experienced river users). The PSC heard from a lot of nonmotorized boating club members. The PSC heard from families on the river desiring to feel safe while recreating. Some testifiers are concerned about turbidity, erosion and fish habitat. Other testimony cited concerns of wave energy damaging floating homes. Some folks want to see a SNW zone from Hawthorne Bridge to city limits or Elk Rock Island.

July 10, 2020

Oregon State Marine Board 435 Commercial Street, NE #400 Salem, OR 97304 Attn.: Josh Mulhollem, Policy & Environmental Program Manager

Re: Proposed Rulemaking for Lower Willamette River concerning Slow/No Wake Zones

Mr. Mulhollem:

ZRZ Realty Co. (“ZRZ” or “Zidell”) is a riparian landowner in the South Waterfront area of Portland, between River Miles 13 and 15, with approximately thirty acres of land available for redevelopment, including 3,300 feet along the Willamette River. Zidell joined the Voluntary Cleanup Program of the Oregon Department of Environmental Quality (“DEQ”) in 1994, and in 2006 commenced a remedial cleanup action of its upland property, and of eth a djacent submerged and submersible lands of the State of Oregon. The cleanup was completed in 2012, at a cost in excess of $35 million dollars. The Zidell remedial action is the largest privately funded cleanup that has been completed in Oregon to date, and consists of upland soil capping, as well as capping of riverbank and sediment over an area of approximately 15 acres extending into the Willamette River (see attached copy of Zidell Aerial Map).

Over the past eight years, since the remedial cleanup action was completed, Zidell has actively monitored and maintained the soil, sediment cap, and critical habitat areas, on its own upland property, and on the riverbank and sediment areas that are part of submerged and submersible lands owned by the State of Oregon (and leased by Zidell through the Oregon Department of State Lands). A consistent point of concern that Zidell has encountered over the past several years is soil cap erosion at the toe of the riverbank, which has been occurring in several areas. Zidell has incurred costs of approximately $1.7 million dollars since 2012, to repair these erosion areas. Please see the attached copy of a January 7, 2019 Memorandum entitled “Zidell Bank Repairs 2018” for details of the most recent riverbank erosion repair work that Zidell has completed. Zidell is responsible for the maintenance and integrity of the riverbank, sediment cap, and critical habitat areas in perpetuity, and while we believe that there may be minor erosion and repairs required annually as long as the river is flowing, we do not believe that the current rate of potential riverbank erosion is viable or sustainable for the long term health of the riverbank soil, sediment caps, and critical habitat areas that we built. Letter to Josh Mulhollem July 10, 2020 Page 2 of 2

Zidell believes that the increased volume and speed of motorized recreational boat traffic (both wake boats and other power boats) in this area of the Willamette River, and the increased use of heavier boats for wake surfing activities, has greatly contributed to stronger wave action that has increased the rate and degree of erosion and deterioration at the toe of its riverbank cap. This erosion weakens the soil cap at the toe of the riverbank where it joins the river sediment cap. Any erosion must be monitored and repaired, so that the riverbank cap does not continue to erode, and potentially have a catastrophic failure.

Zidell strongly supports the recommendation of the City of Portland's Planning and Sustainability Commission in its April 28, 2020 letter to the Oregon State Marine Board, which states that" ... for the ecological health of the Lower Willamette River, the Portland Planning and Sustainability Commission urges the Oregon State Marine Board to adopt the following new regulation within the City of Portland: Establish a Slow, No Wake Zone (SNW) on the Willamette River, including Holgate Channel, from the Hawthorne Bridge to the Sellwood Bridge, Portland, OR." Zidell also agrees that the SNW zone should be applied year around, not seasonally, and that seasonal or daily variation will exacerbate already existing enforcement issues.

Zide II also supports the safety concerns (related to increased depth and force of the wake generated by wake boats) of the many recreational users of this area of the Lower Willamette River as important, and believes that they should be considered, in addition to the riverbank erosion concerns that Zidell has, for the longevity and sustainability of its remedial action cleanup.

Please let me know if you need any additional information on the proposed rulemaking and Zidell's concerns for the long term preservation of its riverbank soil and sediment caps that are in and adjacent to the Lower Willamette River. I can be reached at my office at 503.228.8691.

President

cc.: Renee Morgan, Calm Water Coalition via e-mail to [email protected] Debbie Bischoff, City of Portland via e-mail to [email protected]

Ends.: Copy of Memorandum dated January 7, 2019 entitled "2018 Zidell Bank Repairs" Copy of Zidell Aerial Map

MEMORANDUM

To: Madi Novak, Oregon DEQ Date: January 7, 2019

From: Jacob Faust, PE Project: 8014.01.69

Erik Bakkom, PE

RE: 2018 Zidell Bank Repairs

Maul Foster and Alongi, Inc. (MFA) has prepared the following summary of construction to document repair activities at the Zidell Waterfront Property. As described in the repair design memorandum,1 erosion damage to the riverbank required repairs and long-term stabilization. The U.S. Army Corps of Engineers issued Permit No. NWP-2007-962-3 on October 16, 2018 (the Permit) to construct repairs up to the ordinary high-water mark (OHWM).

FALL 2018 WORK COMPLETED Before beginning repair work, Zidell’s riparian landscape manager, Matt Stine with Native Ecosystems Northwest, prepared vegetation by hand pruning to minimize the potential for breakage and plant loss during the rock armor placement. Rather than discard the excess material, pruned limbs were beneficially used by live-stake planting throughout the lower elevations of the downstream reach. In the area of the repair, live-stake planting occurred at an elevation as low as elevation 8 feet City of

1 MFA. Memorandum (re: 2018 Zidell Bank Repairs) to M. Novak, DEQ, Portland, Oregon, from J. Faust and E. Bakkom, MFA, Portland, Oregon, October 11, 2018. 2001 NW 19th Avenue, Suite 200, Portland, OR 97209 WWW.MAULFOSTER.COM

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Portland vertical datum (COP) or 2 feet lower than the current planting limits. The expansion of the area of vegetative coverage further increases the habitat value of the site.

Between October 17 and November 7, 2018, Zidell contracted with Goodfellow Brothers, Inc. to perform bank repair work below the OHWM. MFA engineers provided full-time oversight, construction quality assurance, and documentation of the work. The contractor placed rock materials by hand as described in the permit narrative. Rock was delivered to the work area, using a 110-ton crane working from a level upland area, above the top of bank line. Type D armor was hoisted to the work area below, using a skipbox. The skipbox was emptied, and the rock was then placed by hand to achieve design thicknesses and area coverage. Care was taken to minimize the impact of direct placement of filter gravel and armor rock on existing vegetation. Habitat gravel was then hoisted to the work area by a center discharge concrete bucket. While suspended from the crane, laborers opened the bucket and the gravel was discharged over the Type D armor. The habitat gravel filled all areas between the armor stones, increasing the habitat value of the repair. Each step of the material placement was inspected and approved by MFA before the next layer was placed.

The bank was repaired in four specific areas as described below.

Area A Repair Area A has a 2H:1V (horizontal: vertical) bank slope above existing bank armor. Work crews first trimmed existing turf reinforcement mat above the bank armor, then hand-excavated a horizontal bench for the type D armor (see Permit Attachment 1, Figure 7). The existing turf reinforcement mat was then staked to the soil surface, and a nonwoven geosynthetic filter-fabric was placed over the horizontal and vertical faces of the bench. Type D rock armor, consistent with the type installed in the bridge and slipway reaches in the DEQ-approved bank and sediment remedy,2 was then hand- placed in the bench above the top of the existing armor.

The limits of rock placement were adjusted approximately 50 linear feet north (from STA 11+00 to 11+50) to address additional erosion areas that were not previously observed due to vegetative cover. Additional armor was also placed south of Area A in two significant erosion areas beneath the Ross Island Bridge: from STA 6+25 to 6+50 and STA 6+75 to 7+00.

Approximately 206 tons (110 cubic yards) of rock armor was placed between elevation 15 and 18 feet (COP), covering 1,952 square feet of eroded soil from STA 6+25 to 11+50.

Areas B, C, and D In the downstream reach, Repair Areas B, C, and D have a transitioning slope between 3H:1V and 5H:1V. Before armor placement, work crews removed large debris and hand-excavated erosion edges.

2 MFA. Final bank and sediment remedial design report. Maul Foster & Alongi, Inc., Portland, Oregon. February 21, 2012.

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Native Ecosystems Northwest hand pruned existing willows and other plantings to minimize the potential for breakage and plant loss during the rock placement activity.

To construct the armoring system, geosynthetic filter fabric was placed along the horizontal and vertical faces of the erosion area before gravel (1.5-inch minus rock aggregate) was hand-placed in a 3- to 6-inch-thick layer around the establishing live-stakes3 and the established vegetation throughout the repair areas. Type D rock armor, matching the armor rock gradation in the Permit, was then hand- placed in a 1- to 2-foot-thick layer around the live stakes and vegetation. The interstitial spaces of the rock armor were then filled with habitat gravel. The rock armor system was carefully hand-constructed to preserve as much of the established and establishing riparian vegetation (willow, spirea, and dogwood) as possible. This armor design was constructed between elevations 10 feet and 18 feet (COP) in the specified repair areas.

Approximately 378 cubic yards of fill (185 tons of filter rock, 304 tons of Type D armor, and 106 tons of habitat gravel), covering 5,601 square feet of eroded soil in Area B, was installed between STA 11+75 to STA 15+00. Approximately 75 cubic yards (57 tons of filter rock, 61 tons of type D armor, and 22 tons of habitat gravel), covering 1,096 square feet of eroded soil in Area C, was installed between STA 17+50 to STA 18+50. Approximately 58 cubic yards (46 tons of filter rock, 30 tons of type D armor, and 30 tons of habitat gravel), covering 1,291 square feet of eroded soil in Area D, was installed between STA 19+75 to STA 20+50.

CONCLUSION The bank repair was constructed as described in the design memorandum and permit documents. Some additional erosion areas were repaired (as described above) consistent with the permitted repair methods. The bank repair addressed erosion in 0.228 acres with 582 cubic yards of fill, which is within the permit limits of 0.232 acres and 700 cubic yards. Surveyed limits of work are included in Attachment A. Photos of work and the repair are included in Attachment B.

ATTACHMENTS: A—As-Built Survey B—Photo Log

3 Establishing live stakes were planted in January 2018.

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