AN INVENTORY OF FILLED LANDS IN UMPQUA RIVER ESTUARY June 1972

Transcription

1 PLEASE RETURN TO: NORTHWEST COASTAL INFORMATION CENTER S U MARINE SCIENCE CENTER NEWPORT OREGON AN INVENTORY OF FILLED LANDS IN UMPQUA RIVER ESTUARY June 972 ADVISORY COMMITTEE TO THE STATE LAND BOARD Representative Anthony Meeker, Chairman Senator Gordon W McKay, Vice Chairman Senator Betty Browne Senator George Eivers Representative Paul Hanneman Representative Richard Magruder Representative Rod McKenzie Mr Patrick Gilroy Mr Cecil L Edwards, ExecUtive Assistant Prepared by the Advisory Committee's Engineering Staff under the direction of Stanley F Hamilton, PE Staff Engineer Oregon Division of State Lands This report was funded by the Advisory Committee to the State Land Board and a grant from the US Department of Labor's Emergency Employment Act of 97

2 The Umpqua River is locat ed in the southarges directly western section of Oregon and disch into the Pacific Ocean a short dista nce west of Reedsport, Oregon The Umpqua River is 2 mil es long and drains the major portion of Douglas County (4,56 square miles/) Reedsport, located on the Ump River Mile, is the only major city in portion of Douglas County Inland from beach, the area consists of large sand du of the shoreline is used extensively for purposes ua River at the coastal the Pacific nes Most recreational The entire Umpqua River region is extremely popular as both a commercial and sportsman fishing area with Winchester Bay being very well facilitated with docks and marina for all types of boats The Umpqua River, one of the larger estuaries, is fed by three major tributaries and has a navigable length of 3 miles 2/ The largest tributary feing the Umpqua River is the Smith River of which 2 ±/ miles is navigable The remaining two tributaries feeding the Umpqua Riverare the North Fork of the Umpqua River with,; miles 2/navigable and Scholfield Creek with 6 / miles navigable The effects of the tidewater on the Umpqua River terminate 4,the lower end of Rock Island which lies 4 miles 5/ above the Scottsburg Highway bridge, The total area of the Umpqua River is 5,72 acres 2/ of which approximately,548 acres / are tidelands The majority of these tidelands lie between the mouth of the Umpqua River and approximately one mile above Reedsport A portion of these tidelands has been granted to the riparian owner if a patent was issued prior to October 8, 879 At the time of this report only the land locations had been determined and their area was yet to be calculated The purpose of this study was to determine the location, extent, ownership history, owner of record and use of filled lands in the Umpqua River Estuary Filled lands or "new lands" and related terms are defined by Oregon Statute Law which in many cases paraphrases English Common Law A few of the more important definitions pertaining to filled lands are shown below

3 27495 Definitions for ORS to As used in ORS to 27494, unless the context requires otherwise: () "New lands" means those lands, as distinguished from bridges, wharves, quays and similar structures, protruding above the line of ordinary high water, whether or not connected with the adjoining or opposite upland or riparian lands on the same side of the thread of the stream, which have been created upon submersible or submerged lands by artificial fill or deposit (2) "Public body" means the State of Oregon or any port organized under the laws of this state or any dock commission of any city of this state ORS 2745 (7) "Submerged lands," except as provided in ORS 27475, means lands lying below the line of ordinary low water of all navigable waters within the boundaries of this state as heretofore or hereafter established, whether such waters are tidal or nontidal (8) "Submersible lands," except as provided in ORS 27475, means lands lying between the line of ordinary high water and the line of ordinary low water of all navigable waters and all islands, shore lands or other such lands held by or granted to this state by virtue of her sovereignty, wherever applicable, within the boundaries of this state as heretofore or hereafter established, whether such waters or lands are tidal or nontidal Selected terms pertaining to tidelands and tidal boundaries are defined in Appendix A A brief summary of the procedure used to obtain information about landfills in the Umpqua River region is shown below ) Obtain copies of all US Army Corps of Engineers (USCE) permits for landfills or related projects in study area Compile and tabulate data 2) Obtain aerial photographs covering entire study area from US Army Corps of Engineers, US Forest Service, Oregon State Highway Dept, and other agencies Obtain reasonably complete set of US

4 Coast and Geodetic Survey (USC & GS) charts of study area 4) Prepare a comparison overlay showing earliest and latest shorelines Tentatively locate landfills on overlay using permit data, aerial photographs, and large, changes in shoreline as shown by the overlay The list of charts used is shown at the end of this report 5) Visit estuary to verify location of landfills Document size, location, and use of fills 6) Visit County Courthouse to obtain ownership and assessment data if available 7) Compile and complete report All of the information collected during this study showing ownership data has been summarized in Table I Detailed sketches of each landfill are shown in Appendix B, and a plat showing the location and relative size of each landfill is shown in Appendix C (The shaded areas on the sketches and plat in Appendix B and C denote landfills) Table I shows ownership and informative data Each landfill has been designated by a two-part number -- the first part being an arbitrary number assigned during this study, and the second part being the Douglas County Tax Lot Number In addition to ownership and location, this table lists the area of the fill and indicates whether a Corps of Engineers Permit was issued The relative size and location of each fill discussed in Table I are shown on Plate I at the back of this report In addition, detailed drawings of each landfill parcel and a brief summary of pertinent data concerning the fill appears in Appendix B / Oregon State Water Resources Board * 2/ US Army Corps of Engineers a/ Crisis in Oregon Estuaries I/ Crisis in Oregon Estuaries (USC and GS charts) (area between MLLW and MHHW) * Extended navigability to an upriver point of 222 miles December 23, 97-4-

5 SUMMARY In the Umpqua Estuary, there are 64 acres of landfills located on submerged and submersible lands; 682 acres of the 64 acres are located on state-owned submerged lands, which are listed below: SUBMERGED PARCEL OCCUPANT OWNER LANDFILL AREA /-2, -3 Douglas County 3/4 First National Bank 5/5 Umpqua River Nay Co 5/5 Umpqua River Na y Co State of Oreg 333 acres 64 " 275 V7U7 Total Of the 64 total landfill acres in the Umpqua Estuary, 7873 acres have been used to construct an extremely modern functional marina and harbor located in Winchester Bay The majority of the remaining 273 acres are all marine oriented with heavy emphasis on deep water navigation and industry We wish to take this opportunity to thank all the people and agencies which provided portions of the necessary information enabling the completion of this report In particular, we wish to extend our gratitude to the following groups: US Army Corps of Engineers, Portland District Oregon Historical Society, Portland, Oregon Oregon State Water Resources Board Oregon Division of State Lands Douglas County Assessor Douglas County Surveyor Douglas County's helpful citizens The Port of Umpqua

6 APPENDIX A DEFINITIONS OF TERMS PERTAINING TO TIDELANDS AND TIDAL BOUNDARIES

7 Definitions Used by U S Coast and Geodetic Survey from Shore and Sea Boundaries by Aaron L Shalowitz Mean Higher High Tide - Same as Mean Higher High Water Mean Higher-High-Tide line - Same as Mean Higher-High- Water line Mean Higher High Water - The average height of the higher high waters over a 9-year period See Higher High Water, Nineteen-year Tidal Cycle Mean Higher High Water Line - The intersection of the tidal plane of mean higher high water with the shore See Mean Higher High Water Mean High Tide - Same as Mean High Water Mean High Water - The average height of the high waters over a 9-year period All high waters are included in the average where the tide is either semidiurnal or mixed Where the type of tide is predominantly diurnal, only the higher high-water heights are included in the average on those days when the tide is semidiurnal See mixed tides, semidiurnal tides, diurnal tides, Nineteen-year Tidal Cycle Mean High-Water Line - The intersection of the tidal plane of mean high water with the shore Mean High-Water Mark - Same as Mean High-Water Line Mean Lower Low Water - The average height of the lower low waters over a 9-year period The tidal plane used on the Pacific Coast as a datum for soundings on the hydrographic surveys and nautical charts of the Coast and Geodetic Survey Mean Low Water - The average height of the low waters over a 9-year period All low water heights are

8 included in the average where the type of tide is either semidiurnal or mixed Where the type of tide is predominantly diurnal, only the lower low water heights are included in the average on those days when the tide becomes semidiurnal Mean Low-Water Line - The intersection of the tidal plane of mean low water with the shore Mean Sea Level - The average height of the surface of the sea for all stages of the tide over a 9-year period, usually determined from hourly height readings A determination of mean sea level that has been adopted as a standard for heights is called a sea level datum Mean Tide Level - Same as Half-tide Level A tidal datum midway between Mean High Water and Mean Low Water Ordinary High Water - A nontechnical term considered by the Coast and Geodetic Survey to be the same as the tidal plane of mean high water Ordinary Low Water - A nontechnical term considered by the Coast and Geodetic Survey to be the same as the tidal plane of mean low water Diurnal Tide - Tides having a period or cycle of approximately one tidal day Such tides exhibit only one high and one low water during a tidal day; the predominant type of tide in the Gulf of Mexico Semidiurnal Tides - Tides having a period of approximately one-half a tidal day; the type of tide that is predominant throughout the world, with two high waters and two low waters each tidal day Tides along the Atlantic Coast are of this type Mixed Tides - Tides in which the presence of a diurnal wave is conspicuous by a large inequality in either the high or low-water heights, or in both, with two high waters and two low waters occurring each tidal day Tides along the California (and Oregon) Coast are of the mixed type Tidelands - The land that is covered and uncovered by the daily rise and fall of the tide More specifically, it is the zone between the mean high-water line and the mean low-water line along a coast, and is commonly known as the "shore" or "beach" Referred to in legal decisions as between ordinary high-water mark and ordinary low-water mark Tidelands presuppose a high-water line as the upper boundary -2-

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10 Umpqua River (T2S-R2W,T22S-R,,2,2W) Total area: Tidelands: Tidelands sold: Tidelands granted: Navigable length: Tidewater: Port District: 572 acres / 548 acres 2/ 794 acres 7/ Uncalculatea 4/ (a)scholfield Cr 6 miles 5/ (b)smith River 2 miles (c)north Fork miles (d)umpqua River 3 miles (a)scholfield Cr - Railroad trestle 3 miles above Highway 38 (b)smith River - miles above Spencer Cr (c)north Fork 34 miles above bridge on main Smith R Road (d)umpqua - Lower end Rock Is -4 miles above Scottsburg Highway Bridge Port of Umpqua Tide Data Winchester Bay Gardiner Reedsport Stage MLLW MSL MLLW MSL MLLW MSL MHW MLW MLLW / Crisis in Oregon estuaries 2/ Crisis in Oregon estuaries (USC & GS Charts) (Area between MLLW & MHHW) 3/ Total acreage deeded to private owners by State Land Board 4/ The land lying between the lines of ordinary high and low water was granted to the riparian owner if a patent was issued prior to October 8, 878 These lands have been determined, but their area has not been calcualted to date 5/ US Army Corps of Engineers Data

11 APPENDIX B SKETCH PLATES OF LANDFILL PARCELS

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21 APPENDIX C CHARTS AND MAPS

22 Maps and Charts Used in this Study USC and GS Charts for the Years Douglas County Assessor's Maps Department of Revenue Forest Cover Maps US Army Corps of Engineers Aerial Photos ( )

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