Wednesday, December 11 at 6:00 pm: Rockaway Beach City Council Meeting. Please attend this upcoming monthly City Council meeting where the Council will decide whether or not to support the appeal that the Oregon Shores Conservation Coalition filed against the proposed Nedonna Wave Planned Unit Development (PUD-24). At the end of November 20 City Council hearing of the appeal, it was decided to postpone making a decision until December 11. This decision about the appeal will be a regular agenda item. North Coast Communities for Watershed Protection is encouraging everyone to attend the December 11 meeting either in person or by Zoom to support the appeal of PUD-24. City Council meetings take place at Rockaway Beach City Hall; 276 Hwy 101; Rockaway Beach, Oregon. To attend by Zoom go to https://corb.us/city-council/ to access City Council agendas.
Thanks to everyone who has made written or oral comments supporting the appeal. Also, thanks go to Oregon Shores and the Crag Law Center for providing guidance and legal support. Public attendance and testimony has been very strong and heartening.The appeal records have now been closed therefore, no more testimony will be accepted. However, it is important to show support by attending in person or by Zoom, talking with neighbors and friends, posting on social media, and writing letters to the media.
Why is this important?
The Nedonna Marsh is an intact remnant of the original native coast. Within this wild area is a native saltwater marsh, spruce/willow wetlands, and a dune area with many native plants. Coyotes, river otters, beavers, deer, and other wildlife call this area home. Migratory birds use it to rest and refuel. Two streams, Jetty Creek and McMillan Creek, flow through this estuary and into the Nehalem River. The marsh is currently under threat. It is privately owned and part of it is in immediate danger of being developed. If this happens, Oregon will lose this special place forever. We need to stand together and do what we can to protect it.
In July 2024, the Rockaway Beach Planning Commission approved the Nedonna Wave Development which would allow a new housing subdivision within a section of the Nedonna Marsh. In response to this approval, Oregon Shores submitted an appeal to the Rockaway Beach City Council. Oregon Shores is being represented by the Crag Law Center. To support their efforts, North Coast Communities for Watershed Protection (NCCWP) encouraged people to take part in a letter-writing campaign. We are encouraging everyone to continue to express strong opposition to the proposed construction of homes in the wetland area which we believe would be unconscionable.
Here are some important points that highlight concerns regarding the development of these wetlands:
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The aquifer below Nedonna Beach is part of a groundwater system that supplies fresh water to the City of Rockaway Beach. It is vital for the community’s water supply, and its management is key to ensuring a reliable and safe source of water for residents. Development could lead to pollution and over extraction of wells needed for the City’s water system.
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These wells are particularly susceptible to adverse effects from nearby septic systems of varying ages and conditions, as well as surface activities such as fertilizing and pesticide application for yard maintenance. Moreover, their proximity to the ocean has resulted in noticeable saltwater intrusion as indicated by elevated sodium levels in water samples from the wells. Any further development is likely to intensify these negative impacts.
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Much of the proposed development is now in the City’s Special Area Wetlands Zone (SA), the purpose of which is to “conserve significant freshwater wetlands and the shoreland and aquatic environment of Rockaway Beach’s lakes.”
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The developer is trying to utilize the original approval for the project that is 16 years old. Both State and local laws have provisions that prohibit such an old approval from being revived without further review based on current conditions. In those 16 years, the City has grown and changed, applicable regulations have evolved, and wetlands have shifted position. The City Council must deny this application, because the 16-year-old approval is no longer valid.
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The issues with the outdated approval are demonstrated by the fact that much of this proposed PUD is now in a protected wetland zone that does not allow any residential development. Clearly, the City Council would be violating its own standards for protecting sensitive wetlands if it approves this development.
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At risk are wetlands and McMillan Creek, which flows past the area to be developed. They both provide habitat for a range of wildlife including river otters, coyotes, beavers, deer, and many species of birds. Also impacted will be Salmonids habitat. As reported by a neighbor, “In the spring the pond (fed by McMillan) behind my house is home to thousands of small Salmon. Adding turbidity to the upstream water will have a negative impact on that habitat.” Riparian zones serve similar functions in the estuarine and nearshore environment. Optimal freshwater habitat for salmonids includes clean, cool, well-oxygenated water flowing.
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There are also risks to the community. Emergency evacuation via the one road outlet for the area is currently questionable as to effectiveness and safety. Adding more homes to the area would be highly irresponsible.
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The City has not done enough to mitigate the risk this development poses to its tsunami evacuation plan. To protect its residents, the City’s code requires developments, such as this one, to have improvements made to evacuation routes, including adding capacity by creating new routes. The developer of this PUD will not be required to make any improvements to the evacuation routes, but will instead only have to conduct a “traffic study.” That “traffic study” does nothing to improve the community’s safety, and after it is conducted the City will no longer have any ability to require actual improvements from the developer based on the findings of the study.
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The area is already at risk of flooding and adding more impervious surfaces would make this worse. For comparison, the ongoing filling and development in the Rockaway Beach area near Washington Street has resulted in significant flooding issues. The neighborhood in Nedonna Beach relies on the flood mitigation properties of the wetlands which must be preserved and not filled or developed as was done in the Washington Street area.
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This neighborhood faces several significant fire hazards, such as inadequately maintained fire pits, beach fires positioned too close to driftwood, highly-combustible dune grass, the large wooded area south of the jetty, and the use of illegal fireworks on the Fourth of July. In the event of a major fire, the only access/egress point—only one way into or out of the area—would severely hinder evacuation efforts. Adding more dense housing in this area would be highly irresponsible.
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This is about developers making money at the expense of residents, who are already concerned about water and wetlands.
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Everyone should have to play by the rules. The residents of the area have purchased or built their homes in good faith compliance with the land use laws and the City’s plan. This developer should not be allowed to evade those regulations, including those protecting wetlands and the rule setting an expiration date for PUD approvals.
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Effective December 1, 2024, regulations for development in the Special Flood Hazard Area (commonly known as the “floodplain”) will be changing. These changes are mandated by FEMA for jurisdictions that participate in the National Flood Insurance Program (NFIP).
Check North Coast Communities for Watershed Protection’s website for more information including updates on the hearing at www.healthywatershed.org or contact rockawaycitizen.water@gmail.com
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