HomeMy WebLinkAbout1992-1022 Adjourned Mtg PACKET VII. NEW & MISCELLANEOUS BUSINESS:
1. Request by Gary Schrodt for special Council meeting on October 22 to consider
wetlands treatment proposal.
2. Memorandum from Fire Chief concerning request by Gayle Titus, 1 Hillcrest Drive
for waiver of fire flow requirement for building addition.
3. Request by Energy Conservation Coordinator to approve Long Term Energy-
Q; Smart Design Assistance Program, and Res`lutio-W authorizing Mayor & Recorder
to sign contract with B.P.A.
4. Memo from Energy Conservation Coordinator requesting Council approval of
Local Conservation Plan. °
5. Approval of annual performance evaluation criteria for City Attorney.
6. Approval of revised Primary Fixed Base Operator Minimum Standards for
Ashland Municipal Airport.
7. Memo from City Attorney requesting that Council rescind acceptance of open
space grant from Jere Hudson to correct defect in transfer.
8. Request from Councilor Arnold concerning waiver of transient occupancy tax for
rooms rented to homeless persons; and a drive to collect sleeping bags/blankets
for the homeless.
VIII. PUBLIC FORUM: Business from the audience not included on the agenda.
(Limited to 3 min. per speaker and 15 min. total)
IX. ORDINANCES. RESOLUTIONS & CONTRACTS:
1. Second reading by title only of an ordinance amending Sections 15.04.010,
15.04.020, 15.04.030, 15.04.090, 15.04.200, 15.04.205 and repealing Sections
15.04.025, 15.04.050, 15.04.060, 15.04.070, 15.04.110, and 15.04.185 E. of the
Ashland Municipal Code relating to building and other specialty codes and
adding Section 15.04.250 relating to notices of non-compliance for buildings and
occupancies.
2. Second reading by title only of an ordinance requiring certain multi-family
dwellings, apartments, condominiums and mobile home parks to provide tenants
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and occupants with opportunity to recycle.
MEMORANDUM
October 22, 1992
To: Brian Almquist, Mayor and City Counc' 1
From: Steven Hall, Public Works Director
Re: Latest Information
Attached are four items for your reference. They will be coming
in the mail, but Rob Winthrop felt that you should have the
information tonight.
The first is a letter from Eagle Mill Farm (Ron Roth) questioning
the ownership of the effluent from our wastewater plant. This
has been sent to the Watermaster for his opinion.
The second item is a memo from Steve Celeste at Brown and
Caldwell outlining his professional opinion of the effectiveness
of wetlands.
Third is a.Jdtter from the Oregon Department of Fish and Wildlife
to the Oregon;;>Department of Environmental Quality with their
observations and recommendations.
The last is a listing of TID stored water rights available on
property north of Interstate 5 near the Ashland wastewater plan.
CITY OF ASHLANDr CITY HALL
� ^ ASHLAND,OREGON 97520
telephone(code 503)482-3211
19 October 1992
Mr. John Drolet
State Water Master
Jackson County Courthouse
Medford OR 97501
Re: Water Rights On Ashland Creek
Dear John:
I recently received the attached letter from the operators of the Eagle Mill Farm
located on Bear Creek near Valley View Road. The Eagle Mill Partners contend that they
have a water right on Ashland Creek for the operation of their farm located on 38-1E-31 tax
lot 500 (see attached map). This property has no frontage on Ashland Creek and is located
entirely on Bear Creek. The letter does not indicate a diversion point off Ashland Creek by
which the Eagle Mii )Farms may acquire Ashland Creek water. Does this property have an
Ashland Creek water right and if so what is the allotted rate?
May I meet with you to discuss this matter further, perhaps after your staff has had an
opportunity to research this question?
Would you please call at 488-5347 at your earliest opportunity.
Sincerely,
James H. Olson
Assistant City Engineer
Certified Water Rights Examiner #283
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MEMORANDUM ,
To: John Holroyd �_ I
From: Steve Celeste �\Z
Date: October 16, 1992
Subject: Ashland -- Constructed Wetlands for Nutrient Removal
As requested, I am continuing my investigation into the use of constructed
wetlands for the removal of ammonia (NH3) and phosphorus (P). There appears
to be a wealth of BOD and suspended solids (SS) removal data; however, NH3
and P removal information is a little harder to come across.
The design of constructed wetlands is more of an art than a science. The usual
engineering approach of using hydraulic, organic, and nutrient loading rates to
size treatment units may not result in a properly sized wetland. The large
number of variables involved, such as soil type, plant and animal populations,
algal growth, water chemistry, and evaporation to name a few, make it extremely
difficult to predict treatment performance. The exceptional plant and animal
diversity makes the wetlands difficult to control, resulting in inconsistent
treatment as compared to other common treatment processes.
This memorandum summarizes my findings to date. I have examined BOD and
SS removal, NH3 removal, P removal, and sizing criteria.
BOD and SS Removal
Assuming that the WWTP is retained and a constructed wetlands would be used
only for effluent polishing, BOD and SS removal should not be a concern.
However, pilot studies should be performed to determine if wetlands can
consistently comply with the 10 mg/I BOD and SS limits. If the pilot study shows
that these limits cannot be met, effluent filters could be used.to reduce BOD and
SS below 10 mg/I.
NH3 Removal
The primary means of NH3 removal in a wetlands is nitrification; however, plant
uptake can also account for some ammonia removal. In many wetlands
systems, denitrification can also occur, resulting in lower total nitrogen
discharges to the receiving waters.
NH3 removal from plant uptake is expected to be significant only when plants
are harvested from a wetlands. If plants are not harvested, the wetlands will
eventually reach a steady state. The NH3 and nitrate taken up by growing
plants will be partially offset by plant decay and NI-13 release back into solution.
As with conventional treatment systems, the degree of nitrification depends on
the concentration of nitrifying organisms, retention time, and water temperature.
Compared to an activated sludge process, the concentration of nitrifying
organisms in a wetlands is extremely low. In contrast, retention times in
wetlands can be quite high compared to mechanical treatment plants.
A study at the Shelbyville, Missouri wetlands concluded that nitrification was
more a function of temperature than retention time. Because of the shallow
water and long hydraulic retention times, water temperature is greatly influenced
by air temperature. In Ashland, the cold winter temperatures could virtually stop
all nitrification. However, during the summer months, a significant degree of
nitrification would be expected if retention times were adequate.
Operating data from a number of wetlands indicate that very low levels of
effluent ammonia are attainable. However, these data also indicate that
wetlands receiving influent NH3 concentrations typical of a WWTP effluent (15-
20 mg/1) do not consistently produce effluent NH3 concentrations below
Ashland's limit of 1 mg/I even during warm weather.
An important consideration in Ashland is water alkalinity. Water supplies in
western Oregon typically have very low concentrations of alkalinity. Without
sufficient alkalinity, biological nitrification would be inhibited.
To ensure warm'Weather effluent NH3 concentrations consistently below 1 mg/I,
it may be necessary to nitrify (at least partially) in the aeration basins of the
WWTP before discharging to the wetlands. During cold weather, nitrifying at the
WWTP before discharging to the wetlands should be considered essential.
Phosphorus Removal
P removal in wetlands occurs from absorption, adsorption, and precipitation.
Plants absorb P through their roots and transport it to growing tissue. When the
plant dies and decays, it releases its P back into solution. Therefore, to take
advantage of this P removal mechanism, plants must be periodically harvested
from the wetlands. However, many of the plants typically found in wetlands are
not considered a significant factor for P removal because of low P uptake rates.
Adsorption and precipitation reactions are the major mechanisms for P removal
when the water can contact soil. Soils containing clay, iron and aluminum
oxides, and calcium compounds have the greatest potential to remove P from
solution. Some other soils have virtually no capacity for P removal. The P
collects on sorption sites, accumulating in the sediment. Fine-textured soils,
such as clay, provide more sorption sites than coarse soils partially because of
the larger overall surface area. Over time (several years to several decades) all
of the sorption sites will be used up and this P removal mechanism will no longer
occur. To continue P removal, a new wetlands would have to be constructed ,
elsewhere or the soil and sediment in the existing wetlands would have to be
dredged and replaced.
Phosphates react with calcium, iron, and aluminum compounds to form relatively
insoluble compounds that settle out of the water column. This explains why soils
with high calcium, aluminum, and iron content remove P more effectively. Again.
the metals eventually will be consumed, leaving a soil with no capacity for P
removal. This removal mechanism is analogous to adding alum to a primary
sedimentation basin, except that a finite supply of alum is available.
P removal rates in wetlands are highly variable. Wetlands in steady state
conditions sometimes remove virtually no P. Newly-constructed wetlands have
removed up to 90 percent of the influent P. After reviewing available records, I
believe that effluent P concentrations of 1 mg/I would be considered exceptional.
As with most constituents, removal becomes more difficult as influent P
concentrations decrease. P discharges from the Ashland WWTP average about
4 to 5 mg/I. Assuming that a wetlands in Ashland performed as well as the best
wetlands in the country, effluent P levels would be around 0.5 mg/I.
Unfortunately, Ashland's proposed limit is 0.08 mg/I. Based on available data,
wetlands could not be used for P removal unless higher discharge limits were
negotiated with DEQ.
Another potentially significant factor related to nutrients is the growth of algae in
the wetlands. Algae would be discharged into the receiving stream unless
effluent filtration.was provided. This algae could act as a "seed" to trigger
growth of more algae in the receiving stream. Depending on receiving stream
flow, the algae in the effluent could even cause the receiving stream to violate
the DEQ in-stream chlorophyll-a standard of 0.015 mg/l. Effluent from the
Jackson Bottom wetlands in Hillsboro exceeds the in-stream chlorophyll-a
standard.
Wetlands Sizing
As mentioned previously, there are no hard and fast rules for sizing a wetlands.
A common approach appears to purchase a overly large piece of land for the
wetlands. If the wetlands do not perform as desired, more wetlands are added
to the system.
I used two different approaches to estimate the required size of a wetlands for
Ashland. The semi-theoretical approach resulted in a 186-acre wetland to treat
a 20 mg/I BOD effluent to a 5 mg/I effluent. The empirical approach
recommended by the same researcher netted a wetlands size of 79 acres. My
guess is that a wetlands specialist would recommend a wetland size somewhere
between 50 and 200 acres.
o� Oi� on
October 8, 1992 Vr
DEPARTMENT OF
Lydia Taylor ' Oj„ON FISH AND
Department of Environmental Quality
Water Quality Division WILDLIFE
811 SW Sixth Avenue " 6
Portland, OR 97204
Re Bear Creek; City of Ashland Sewage Treatment
Plant
Dear Lydia:
The Oregon Department of Fish and Wildlife (ODFW)
offers the following comments and recommendations for
Department ' of Environmental Quality (DEQ) regarding
the proposed alternatives for the City of Ashland's
sewage treatment plant (STP) .
We appreciate DEQ's mandate. to determine and enforce
Total Maximum Daily Loads (TMDL) of effluent for Bear
Creek while at the same time regulating Ashland's STP
in compliance with Clean Water Act and State Water
Quality .:Standards and protecting other beneficial uses
associated?vth Bear Creek.
Ashland's STP outflow contributes approximately one
half of the total Bear Creek flow during the critical
low flow period (CLFP) . Rather than simply removing
effluent flow (by sprinkler irrigation or piping
effluent to Medford "STP)>,,.. several waivers to state
Water Quality Standards are under consideration by DEQ
to sustain Bear Creek flow thereby helping to protect
fish and other ecologically important Bear Creek
resources. Fish are already severely impacted from
past land and water management practices in the Bear
Creek basin. Such degradation makes these remaining
salmonid populations especially important because
these fish provide the only viable parent source to
successive generations of Bear Creek fish if habitat
is restored.
DEQ has identified fish as the most sensitive
beneficial use of Bear Creek. . Loss of the Ashland
effluent contribution to total Bear Creek flow,
without providing mitigating flow, will further
foreclose opportunities to restore fish and other
ecologically important resources to the Bear Creek 4.rar„
watershed.
s.
2501 SW First Avenue
PO Box 59
Portland, OR 97207
(503) 229-5400
DEQ - Taylor
October 8, 1992
Page 2
Bear Creek Fish Resources
ODFW manages Bear Creek and its tributaries for fall chinook
and coho salmon, steelhead and cutthroat trout. During any
given time of year some life stage of coho salmon, chinook
salmon or steelhead is present in the nine mile reach (zone
of significant effluent impact) of Bear Creek below the STP
outfall. Throughout this nine mile reach your water quality
models demonstrate significant adverse influence by
Ashland's STP.
Coho Salmon
Adult coho salmon return from the ocean and enter Bear Creek
in December if sufficient water flow is available in the
creek. Spawning takes place in December and January in the
main stem Bear Creek. Late November and early December
rains usually provide enough flow in the creek for coho to
migrate upstream. However, in 1977-78 and again in 1990-91
adult coho salmon were unable to ascend Bear Creek due to
low flow :conditions. In 1989, adult coho salmon were
observed.: in-several Bear Creek tributaries and coho migrated
as far upstream as Reader Reservoir in Ashland Creek. Most
of these Coho salmon were hatchery fish introduced into Bear
Creek as adults, but some were wild fish according to ODFW
ppp biologists. )
Coho adult escapement ,.has been low the past few years
primarily due to drought conditions. No juvenile coho were
found during ODFW's 1990-91 . electrofishing surveys of Bear
Creek. Coho salmon hatch from Bear Creek redds (salmon,
trout and steelhead nests) in April each year and rear in
freshwater to smolt (migration size) the following spring
when, as one year old fish, they migrate to sea. Coho
salmon juveniles are typically not found in mainstem rivers
like the Rogue River. These salmon prefer rearing habitat
(especially winter habitat) . in smaller tributary streams
like Bear Creek which usually contain cover (boulders, off
channel areas, woody debris, man made structures, undercut
banks, beaver pond) where these populations can more
readily over winter.
1. Galon Deshon, ODFW, Fish Technician, (Personal
Communication) .
2 . Nicholsen et al. 1992 . Seasonal Changes in Habitat Use
by Juvenile Coho Salmon in Oregon Coastal Streams.
Journal of Fisheries and Aquatic Science, 49:783-789.
DEQ - Taylor
October 8, 1992
Page 3
Chinook Salmon
Fall chinook salmon use Bear Creek. In recent years very
few chinook salmon spawned in Bear Creek. No chinook salmon
were observed during the 1990-91 electrofishing survey of
Bear Creek (although most of the juveniles probably had left
the stream at the time of the survey) . These salmon enter
Bear Creek in October and spawn in the lower reaches of Bear
Creek as far upstream as Phoenix (river mile 16) . Fall
chinook salmon typically spawn in the lower reaches of
mainstem streams as they do in Bear Creek. Eggs incubate in
streambed redds and hatch in March and April the following
spring. Newly hatched fry migrate quickly to the Rogue
River estuary and enter the ocean in the following summer.
In 1990, 13 dead adult chinook salmon were observed at the
Jackson Street Dam in Medford. 3 The dam has an existing but
inadequate fish passage facility. Suitable spawning gravel
and habitat is present above the Jackson Street Dam and
chinook salmon would utilize more of Bear Creek if they
could negotiate the dam. Plans are currently underway to
improve fish> passage at the dam. The nine mile reach of
Bear Creek 'below Ashland's STP is potential spawning,
rearing and migration habitat for these salmon.
Steelhead
Steelhead are ocean-going -trout. A 1990-91 ODFW survey of
Bear Creek found many 1+ age class steelhead in Bear Creek
above Medford and a few 2+ age fish. This survey indicates
juvenile steelhead and resident trout successfully rear in
Bear Creek between Ashland and Medford during the summer.
. Cutthroat Trout
During a 1990-91 ODFW inventory no cutthroat trout were
found in the mainstem; however, Bear Creek tributaries (e.g.
Neil Creek and Ashland Creek) showed abundant populations of
wild cutthroat trout. People who live in the Bear Creek
area talk of catching wild 12-13 inch trout in the mainstem
of Bear Creek in the past. These fish were likely cutthroat
trout. Habitat in Bear Creek is severely degraded by high
temperatures and poor riparian habitat so that habitat is no
p
DEQ - Taylor
October 8, 1992
Page 4
longer suitable for these trout but could be improved in the
mainstem. Cutthroat trout spawning occurs in December-
January in Bear Creek tributaries. These trout are likely
resident fish that do not migrate to the ocean. In
contrast, Applegate River cutthroat trout migrate into the
mainstem Rogue River to spawn then return to the Applegate
River but such potadromous behavior has not been observed in
Bear Creek cutthroat trout. Based on his experience with
coastal cutthroat trout the ODFW Upper Rogue District Fish
Biologist believes these fish live approximately five years.
After reaching maturity at one year of age t�ese trout
likely spawn several times during their lifetime.
ODFW Concerns
I
Ammonia
Ammonia (unionized ammonia, NH4+) is chronically toxic to
salmonids in concentrations equal to or greater than 0.020
mg/liter. Ashland's ammonia discharge currently averages 20
mg/l and values as high as 26.8 mg/l (total ammonia) were
reported' at Valley View road in May 1992. Such high
concentrations of ammonia are acutely and chronically toxic
F to salmonids'
Flow
Effluent use for sprinkler irrigation versus discharge to
Bear Creek (i.e. , bypassing-. Bear Creek by piping effluent to
Medford) are other alternatives under consideration by DEQ.
These alternatives concern. ODFW 'because they ignore instream
biological conditions that will be further degraded by the
proposed removal of, three cubic feet per second (cfs) of
instream flow currently provided by the effluent (STP
effluent contributes one-half of the total Bear Creek late
summer-fall flow) . Clean Water Act mandates focus DEQ
attention on water column chemical parameters thus ignoring
holistic ecolocry of the Bear Proposals to y
regulate STP discharge into Bear Creek to simply satisfy a 'F
single water quality standard (e.g. , ammonia) does not
necessarily result in overall improvements in the Bear Creek
aquatic ecosystem.4
3. MacLeod, J. (ODFW Upper Rogue District Fish Biologist
Personal Communication, July 199 2)
4. Karr, J.R. Biological integrity: A Long-Neglected Aspect
of Water Resource Management, Ecological Applications
1(1) , pp. 66-84, 1991.
DEQ - Taylor
October 8, 1992
Page 5
In this case, such a management approach will adversely
effect the ecological health and biotic integrity of Bear
Creek. ODFW is concerned about this proposed late-September
to early January withdrawal. of Bear Creek STP discharge
during this CLFP * especially in consideration of ODFW Bear
Creek management objectives. ODFW acknowledges the need .to
meet state water quality standards, but also appreciates
DEQ's recognition of concerns regarding the severe reduction
in Bear Creek water flow if Ashland uses sprinkler
irrigation (versus discharge to Bear Creek) during the CLFP.
Only by maintaining flow (at least existing flow) in . the
nine mile reach below the STP outfall can aquatic ecology,
(especially salmon and steelhead habitat) be maintained.
Temperature
1ODFW believes water temperature is the key attribute r
limiting fish habitat quality in Bear Creek. in er r1
discharge to Bear Creek with resultant (mod fal predicted)
temperature increases will adversely affect the life history
of salmonids using the creek. For example, DEQ's
temperature.-, model indicates Ashland's STP discharge
increases. creek temperature at all times of the year and
measurably increases temperature during the fall and winter
CLFP:
This temperature increase depends on dilution and relative
air and water temperature. differences, however, we note
increases of up to two degrees F. are predicted by your
model for a distance of 10 miles below the plant during
CLFP. Such increases will adversely effect salmonids using
Bear Creek. With such large increases in temperature caused
by the STP, fish migration, spawning, egg incubation and
rearing are adversely impacted throughout the reach of
temperature increases caused by the STP. For example, early
emergence of salmonid eggs from Bear Creek redds will occur
with these increased temperatures. This temperature increase
also adversely impacts survival of these fish to adults.
High water temperatures limit juvenile rearing habitat which
curtails coho salmon productivity. Many of these fish
migrate downstream after hatching to the mainstem Rogue
River to rear because Bear Creek rearing habitat is severely
limited by high water temperature.
N
DEQ - Taylor
October 8, 1992
Page 6
i
ODFA Recommendations
Bear Creek aquatic ecology is now in poor condition for
reasons other than just SIP discharge. However, Ashland's
SIP discharge management is part of the solution and the
issue to which DEQ must carefully address water quality
regulations to protect fish habitat.
Ammonia ��'
If DEQ authorizes Ashland to discharge its effluent into �� y
Bear Creek, DEQ should require the ammonia component of the p' 1
effluent to be reduced to concentrations less than p�
chronically toxic to salmonids in compliance with OAR 340-e�'
41-365 (A) (i) . To satisfy this OAR, DEQ should require
Ashland to achieve less than 1.0 mq/1 effluent total ammonia
(Below the 0. 020 mg/1 salmonid chronic toxicity threshold) .
Your model demonstrates that such a requirement will reduce
the toxic unionized form of ammonia (NH4+) to less than
0.020 mg/1.
Flow Mitigation
For this proposed DEQ water development action that will
impact fish and wildlife habitat, ODFW recommends flow
I mitigation consistent with the goals and standards of OAR
Chapter 635 Division 415 Section 025 (Fish and Wildlife
Habitat Mitigation Policy.):. ODFW's mitigation goal for the
mitigation for the Bear, Creek habitat category is no net
loss of habitat. Accordingly, flows removed from Bear Creek
by order of DEQ must be fully mitigated by replacing the
lost flow.
Loss of Ashland's effluent flow into Bear Creek will
adversely affect salmonid populations that are already
severely compromised by drought, over-appropriation and
other human-caused disturbances within the .Bear Creek
watershed. Such water (flow) removal will adversely affect
the Bear Creek aquatic ecosystem. If DEQ allows Ashland
sprinkler irrigation discharge, DEQ should require the City
to mitigate this flow loss by using the three cfs water
right appurtenant to the Talent Irrigation District (TID)
land (which Ashland proposes to purchase from TID) for
exclusive use in Bear Creek. DEQ should not allow the City
of Ashland to use effluent for sprinkler irrigation without
this water right transfer in place. Following purchase of
this land, Ashland should transfer the water right to an
Instream Water Right (IWR) held in public trust by the Water
j Resources Department (WRD) with conditions attached to the
DEQ - Taylor
October 8, 1992
Page 7
IWR to ensure this water remains in Bear Creek from Ashland
to the mouth of Bear Creek.
Temperature
In compliance with OAR 340-41-362 (2) (b) . DEQ should not
permit Ashland to discharge effluent that increases Bear
Creek water temperatures by more than 0.5 degrees F. due to
the combined effect of Ashland's discharge and all other
single point sources of discharge to Bear Creek.
Artificial Wetlands
Effluent treatment via an artificially-created wetland would
help Ashland achieve water quality standards. Ashland's
evaluation of this alternative is "Bear Creek is located in
a deep steeply sloped V-shaped canyon. These steeply
sloping canyon walls coupled with extreme winter-summer flow
variation produce geomorphologic and hydrologic conditions
not conducive to wetlands creation. " Therefore, DEQ has
eliminated; . this idea concluding that discharge to
artificially ;; created wetlands is not feasible. ODFW
believes :the' Bear Creek valley floor would make wetland
creation easy provided land is available Accordingly DE
should require Ashland to provide a detailed engineered,
scoping analysis. of this alternative using state-of-the-art
artificial wetlands creation technology. Wetlands creation
would serve to polish treated water prior to discharge to
Bear Creek.
I trust these comments are helpful to you. Please do not
hesitate to contact me if we can provide any additional
information.
Thank you for the opportunity to comment.
sincerely,
Gregor P. Robart
Staff Biologist
Habitat Conservation Division
c Brown and Caldwell - Holroyd
City of Ashland - Hall
DEQ - Water Quality Division, Wiltsey/Dzata/Baumgartner/
T. Foster
EPA, Seattle - Kawabata/Lagerloef
WRD - Applegate
Rogue Valley Council of Governments - Ditmer/Provost
Talent Irrigation District - Cannon
c Public Information Request:
Rogue Flyfishers - MacDiarmid
Oregon Trout - Myron
Ashland Wetlands Coalition - Schrodt
Water Watch - Russel/Hunter
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