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    BLM Decision on Cannery Dune
    Our Goal: To improve the livability of Florence through public education and community involvement.
     
    BLM Decision on Cannery Dune
    Excerpts From
    United States Department of the Interior
    Bureau of Land Management
    Eugene District Office
    Decision Record and Finding of No Significant Impact
    Easement Application OR 53849
    Mineral Material Sale Application OR 54147
    Recreation and Public Purposes Patent Application OR 54174
    Recreation and Public Purposes Patent Application OR 54175
    (Editor's Note: This is an excerpt from the decision.
    Copies of the full document can be obtained from Florence City Hall)

     
     

    Decision Summary:

    Based on the analysis documented in Environmental Assessment (EA) OR-090-98-01 and the Finding of No Significant Impact, it is my decision to approve a modified action that contains elements of Alternatives 3 and 4 (variation A). The approved action would deny the application of Fred Meyer, Inc. (FM) for an easement for dune stabilization and the Citizens For Florence's application for an R&PP lease, but would allow BLM to 1) issue FM a perpetual easement authorizing FM to use physical means (grading/excavating) to facilitate planned development on adjoining private land and 2) Issue the City of Florence a patent under the R&PP Act with conditions prohibiting vegetative dune stabilization and limiting development actions.

    Decision:
    A. Fred Meyer Easement Application OR 53849 and Mineral Material Sale Application OR 54147

       
    The application of Fred Meyer, Inc. (FM), as originally filed, for an easement for dune stabilization utilizing vegetative plantings is denied. The Bureau would, however, approve issuance of a perpetual easement authorizing FM to use physical means (grading/excavating) to facilitate planned development on adjoining private land. The easement would be confined to the 150 foot wide strip along the east edge of the BLM property. It would allow the physical redistribution of dune sand within the 150 foot strip, or removal of sand from the 150 foot strip in a manner which would produce a groundline profile similar to that depicted in Attachment 4 of the Environmental Assessment. However, the maximum permitted width of the area leveled to match the grade and elevation on the adjoining private property shall be 60 feet (as opposed to 20 feet shown on Attachment 4). The easement would provide that any sand to be removed from the strip would be authorized and purchased in advance under the provisions of 43 CFR 3610. Application OR 54147 for the initial removal of sand from the 150 foot strip would be approved, as would subsequent sales requested by FM to maintain the groundline profile created. The cultural resources provisions described in Attachment 3 to the EA would be included in the easement, the initial mineral material sale contract OR 54147, and any subsequent mineral material sale authorizations, with the intent of applying to any sand rearranging activity or removal operation. The easement would also contain provisions requiring FM to control and remove any non-native plants that might spread onto the 150 foot strip from the private lands adjoining the 150 foot strip on the East. Implementation of this action will provide FM the ability to control sand accumulation through periodic physical redistribution or removal of dune sand, but will not allow dune stabilization through vegetative plantings.

    B.  City of Florence Recreation and Public Purposes Patent Application OR 54174

    The application of the City of Florence for a patent under the Recreation and Public Purposes Act would be approved if the City is willing to modify its proposed plan of development and management for the parcel. If the City is not willing to revise its plan of development and management to meet the parameters listed below, the application would be rejected.

    The Bureau supports the City’s proposed management of the tract for open space and dispersed recreation and would also approve those aspects of its proposed plan of development and management that complement this primary management goal, including development of a pedestrian trail system and interpretive signs. To be approved by the Bureau, a revised plan would need to meet the following criteria:

    1.  Focus primarily on retaining the natural character of the tract, while still providing for increased public access and enjoyment.
    2.  Prohibit dune stabilization through use of vegetative plantings.
    3.  Include a provision for controlling the spread of non-native vegetation onto the tract.
    4.  Exclude (or not include) provisions for the construction of facilities for which there are currently no specific, detailed construction plans. This includes the northward extension of Oak Street, a visitors wayside with parking and restrooms, an interpretive center and a domestic water well field and associated pipelines. Construction of a sanitary sewer interceptor and other underground public utilities along the east property line of the BLM tract would be approved.

    As required by law, the Bureau would reserve all mineral rights in a patent issued to the City. The patent would be made subject to all valid existing rights, including the easement granted to FM, and BLM would reserve administration of that easement and the right to sell sand to be removed from the easement under the terms of the easement. I would contain the standard reversionary provisions provisions specified in 43 CFR 2741.9 and would reserve a right-of-way for ditches and canals as required by 43 U.S.C. 945. The patent would require the City to manage the land as specified in a revised plan of development and management approved by BLM.

    In accordance with the regulations, the subject land would be classified as suitable for transfer or lease for open space recreation purposes under the R&PP Act. Since the land would be transferred primarily for recreation purposes, the transfer would be made at no charge to the City of Florence.

    C. Citizens For Florence Recreation and Public Purposes Lease Application OR 54175

    The application of Citizens For Florence for a lease under the Recreation and Public Purposes Act is denied.

    Although CFF’s proposal to manage the land emphasizing dispersed public recreation, interpretation and preservation of the sand dunes is similar to the City’s proposal to manage the tract primarily for open space and recreation, we believe that the City’s legal enforcement authority, established workforce and facilities, as well as its financial resources, gives it the greater ability to effectively manage the tract over the long term. Since a lease to CFF would not be compatible with transfer of the tract to the City, it is my decision to deny the CFF application in favor of approving transfer to the City as provided for in the Eugene District RMP/ROD.

    Diane Chung
    Coast Range Resource

    Area Manager August 25, 1998.
  • 1/21/99 Settlement Agreement
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  • News
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  • 10/30/98 LUBA Decision
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  • 5/26/98 CFF News Release
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  • 8/25/98 BLM Decision on Dune Lease
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  • 1/21/99 CFF News Release
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  • 7/15/98 CFF LUBA Appeal Brief
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  • 8/19/99 AHBL Meeting Minutes
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  • June 1998 CFF Thoughts
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  • 4/30/98 Letter to Editor
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    Fred Meyer Retail Complex
    Proposed
    Outlet Mall
    Sewage Treatment Plant
     
    		    
     
     
     
    		  
           
     
    Citizens For Florence
    P.O. Box 1212
    Florence, Oregon 97439
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