Important Public Meeting
What will be the fate of the Bridgeton Trees?
Stand Up for our Neighborhood's trees
TREE UPDATE
Monday Oct.1, 2007
· COURT HEARING RESCHEDULED
The BNA legal team will present its argument to continue the restraining order
to the Mult. Co. Judge on Wednesday October 3, 2007 at 9:00 AM . That hearing
will be at the Multnomah County Court House, room 324, 1021 SW 4th Ave. Expert testimony will show that the actions of Penn2 are unwarranted and may
damage the structural integrity of the Bridgeton levee.
THE DRAINAGE DISTRICT ATTORNEY IS ARGUING IN THEIR CASE THAT BNA HAS ONLY A SMALL NUMBER OF INTERESTED
PEOPLE WHO SHARE THE POSITION THAT THE LARGE SACLE REMOVAL OF THE TREES WILL
THREATEN THE SAFETY OF THE LEVEES.
OUR ATTORNEYS HAVE REQUESTED THAT BNA HAVE AS MANY PEOPLE AS POSSIBLE ATTEND THE
HEARING TO SHOW THE JUDGE THAT THERE ARE MANY CONCERNED BNA LANDOWNERS AND
RESIDENTS.
PLEASE MAKE EVERY EFFORT TO SHOW YOUR CONCERN FOR THE SAFETY OF OUR LEVEE AND
ATTEND THE HEARING TOMORROW: 9AM MULTNOMAH COUNTY COURT HOUSE 1021 SW 4TH. ROOM
324. JUDGE ALICIA FUCHS.
PLEASE ATTEND THIS HEARING.
Show your support for Bridgeton‚s trees.
· TREES CLASSIFIED
During the week of September 10th Penn2 inventoried and classified all of
Bridgeton‚s trees. 188 trees were counted and classified into 4 categories, A (unmarked),
B (yellow), C (blue) and D (orange). A trees will not be cut. B trees monitored
and trimmed, C trees will be „monitored‰ and may be removed in the future and D trees that will be cut immediately.
· BNA GEOTECH TEAM
BNA hired a geotech team to review the Penn2 arborists report. The BNA geotech
team was joined by Dr. Don Gray, Prof. Univ of Michigan and nationally known
expert of levee structures. The BNA team met with Penn2 on Monday 9/17 to review the data. On Tuesday the
BNA team walked Bridgeton and examined all of the trees marked D and compared
the trees to the Penn2 report. The BNA team started a report requesting that
their findings be considered by Penn2.
· TREES CUT
Without warning, Penn2 began cutting trees on Wednesday morning September 19th
before the BNA team could submit their recommendations. Due, in part, to the bad faith on the part of Penn2, BNA obtained a judicial TRO
stopping the cut. BNA hired the environmental law firm of Scott Jerger and
consulting firm of Sokol & Anuta.
· ARMY MEETING
BNA representatives met with Portland USACE Col. O‚Donovan on Monday September 24. At that meeting BNA pointed out that O‚Donovan‚s counterpart in Sacramento has issued an order waiving the tree encroachment
guideline to allow for the certification of Sacramento levees. It was noted that the Portland USACE office has the ability to issue a Regional
Variance that would allow some or even all of Bridgeton‚s trees to remain in place. However, Penn2 has not requested a Regional Variance from Col. O‚Donovan. Col. O‚Donovan did promise that the Corp would use the „best available science‰ in its decision making process.
· EXPERT TESTIMONY
Dr. Gray has submitted an affidavit testifying that the cutting of Bridgeton‚s trees would greatly harm the Bridgeton levee. Dr. Gray testified „∑wide scale removal (of Bridgeton‚s trees) as presently planned and already partially undertaken will likely have
adverse consequences for levee stability and integrity.‰ Dr. Gray is the author of the USACE study that showed that tree and other woody
vegetation on levees may in fact strengthen the levee. This is the „best available science‰ and it fully supports our argument!
Dr. Gray‚s study furthermore shows that woody vegetation‚s roots may increase the shear strength of the levee plus add additional
stability and that the wide scale removal of the woody vegetation may endanger
the structural integrity of the levee.
· SACRAMENTO COMMUNIQUE
The situation in California is radically different. The Sacramento USACE has joined with the Sacramento drainage districts,
California State water resources and wildlife agencies and the City of
Sacramento to draft a plan that would protect the Sacramento levee trees and
other natural resources threatened by the Corps policy. Col. Chapman of the USACE Sacramento district promised that a Regional Variance
allowing trees and other vegetation on the Sacramento levees would be
considered.
Why can‚t that same consideration be given to the Bridgeton Levee?
ACTION STEP: Show your support for Bridgeton‚s trees by showing up at Wednesday morning‚s hearing. WRITE a letter or call Mayor Potter asking that he request Col. O‚Donovan to issue a Regional Variance for Bridgeton‚s trees.
Call Mayor Potter & City Commissioners Leonard & Saltzman. CALL 503-823-4000 to be connected.
MORE INFO:
e-mail Bridgeton.neighborhood@comcast.net
W
DONATIONS to protect our trees and pay for our geotech team and legal team
should be sent to Bridgeton Neighborhood Association, 417 N. Bridgeton Road,
Portland 97217.
TREE UPDATE
Friday Sept. 21, 2007
· RESTRAINING ORDER
On Wednesday 9/19 a Mult. Co. Judge issued a temporary restraining order (TRO)
stopping Penn2 from clearcutting Bridgeton‚s trees. That day Penn2 had already started cutting trees on the east end of Bridgeton
Road. About 12 mature white birch trees along Marine Drive by the yacht club
were cut down before the TSO was issued.
· PENN2 COUNTERS
Penn2 has asked the Judge to lift the TRO. That hearing will be on MONDAY September 24, 2007 w/Judge Marshall at 11:30 AM
at the Mult. Co. Court House 1021 SW 4th Ave. Please attend to show your
support of Bridgeton‚s trees.
· COURT HEARING SCHEDULED
The BNA legal team will present its argument to continue the restraining order
to the Mult. Co. Judge on Friday September 28, 2007 . Time to be announced.
PLEASE ATTEND THIS HEARING to show your support for Bridgeton‚s trees.
· TREES CLASSIFIED
During the week of September 10th Penn2 inventoried and classified all of
Bridgeton‚s trees. 188 trees were counted and classified into 4 categories, A (unmarked),
B (yellow), C (blue) and D (orange). A trees will not be cut. B trees monitored
and trimmed, C trees will be „monitored‰ and may be removed in the future and D trees that will be cut immediately.
· BNA GEOTECH TEAM
BNA hired a geotech team to review the Penn2 arborists report. The BNA geotech
team was joined by Dr. Don Gray, Prof. Univ of Michigan and nationally known
expert of levee structures. The BNA team met with Penn2 on Monday 9/17 to review the data. On Tuesday the
BNA team walked Bridgeton and examined all of the trees marked D and compared
the trees to the Penn2 report. The BNA team started a report requesting that
their findings be considered by Penn2.
· TREES CUT
Without warning, Penn2 began cutting trees on Wednesday morning before the BNA
team could submit their recommendations. Due, in part, to the bad faith on the part of Penn2, BNA obtained a judicial TRO
stopping the cut. BNA hired the environmental law firm of Scott Jerger and
consulting firm of Sokol & Anuta.
· ARMY MEETING
BNA representatives plan to meet with USACE Col. O‚Donovan and representatives of Senator Wyden and Represenative Blumenauer on
Monday September 24.
· EXPERT TESTIMONY
Dr. Gray has submitted an affidavit testifying that the cutting of Bridgeton‚s trees would greatly harm the Bridgeton levee. Dr. Gray testified „∑wide scale removal (of Bridgeton‚s trees) as presently planned and already partially undertaken will likely have
adverse consequences for levee stability and integrity.‰
Remember: The Bridgeton neighborhood is 100% committed to protect the BRIDGETON LEVEE and
we believe, based on the best science available, that it is possible to protect
the levee, keep Bridgeton‚s trees and remain certified with the US Army Corps of Engineers!
MORE INFO:
DONATIONS to protect our trees and pay for our geotech team and legal team
should be sent to Bridgeton Neighborhood Association, 417 N. Bridgeton Road,
Portland 97217.
__________________________________________________
SUMMARY September 6 Tree meeting Columbia School:
Peninsula Drainage District #2 (Penn2) led by Bob Eaton Executive Director and
Dave Hendricks Deputy Director sponsored a second Bridgeton tree removal
information meeting on Thursday September 6, 2007 at the Columbia School. Over
100 Bridgeton residents and outside guests were in attendance.
Bridgeton neighborhood representatives and "Save Bridgeton's Trees" committee
members, Alise Goforth and Cherry Ann Kolbenschlag, provided an overview of the
tree committee and it's efforts to date to save the trees. Bridgeton's main demand is that since the US Army Corps of Engineers HQ is re
writing the "Levee Vegetation Encroachment Guidelines" and the new guidelines
are to be issued early in 2008 it is entirely logical that Penn2 wait until the
new guidelines are issued before cutting down Bridgeton's trees. Furthermore, since the Corps has been criticized for not using the best
available science in formulating its past vegetation guidelines, the new corps
national commander, Lt. Gen. Robert Van Antwerp has promised a new flexible
levee maintenance policy that allows existing vegetation and will be based on
science and in collaboration with local, state and federal environmental
agencies.
Portland District US Army Corps of Engineers representative Jerry Christensen,
provided an overview of the corp's current levee vegetation guidelines and the "variance" procedure that the
Corps could use to allow Bridgeton's trees to remain on the levee and still
"certify" the levee's as meeting Corps procedures for the FEMA mandated flood
mapping process. However the local district did not feel that it had the
ability to issue that "variance" under the existing guidelines.
Dave Hendricks followed with an explanation of the June 12, 2008 FEMA and Corps
imposed deadline that required Penn2 to be in complete compliance with all of the Corps identified levee
vegetation discrepancies (trees). In order to continue to meet that deadline and to take into consideration the
strong neighborhood opposition to cutting down all of Bridgeton's trees,
Hendricks informed the neighborhood that a second tree assessment would be made
in the coming week. All trees identified through the original assessment will
be reassessed by a geotechnical engineer, a certified arborist and Penn2 to
categorize the trees into one of four classifications.
Category "A": All trees located on or adjacent to the levee that are in
compliance with the current federal levee vegetation standards.
Category "B": Trees on the riverward side of the levee identified as potential
wind throws and trees on the landward side that have not reached full growth
that can be trimmed or topped to minimize the risk of blowing over and root
penetration. The riverward trees will be monitored during high water events and
may be removed if showing signs of loosening the ground.
Category "C": trees that have roots not growing into the levee at this time but
may in the future. These trees will be considered as "deferred maintenance
trees" and monitored for root growth into the levee.
Category "D": Trees that have roots growing into the levee and trees that are
potential wind throw trees that cannot be trimmed or topped will be cut down
before the end of the year.
Penn2 has hired an arborist to inventory and map all of Bridgeton's trees. Metal tags with individual assigned numbers
will be affixed to each tree. The arborist will also perform root tests to
determine the extent of individual tree root systems. All of the inventoried
trees will then be categorized according to the above classifications.
Penn2 will deliver a letter to each landowner that will inform the landowner of
the categorization and location of each tree.
Penn2 will then meet with each landowner to schedule a date to remove the trees
identified in category "D".
A full copy of the Penn2 tree removal proposal may be obtained from Bob Eaton,
503-281-5675 or e-mail beaton@mcdd.org.
The Bridgeton Neighborhood Association and the association's Save Bridgeton's Trees committee has not agreed to this proposed
procedure. BNA continues to request that Penn2 and the Corps work to together to achieve a
"Regional Variance" that will allow the district to obtain immediate Corps
certification for the FEMA process while allowing Bridgeton's trees to remain
standing until the new Corps vegetation guidelines are issued in early 2008.
Sincerely,
Matt Whitney
Chair
Below: just a few of the 125 trees marked for removalby the Drainage District proposed
action.
Bridgeton Residents: I attended the Levee Symposium in Sacramento and heard many scientists state
that the Corps requirements are wrong! The US Army Corps of Engineers is going to change their guidelines to take these
findings into consideration. Why is the drainage diastrict going ahead and cutting our neighborhood's trees
BEFORE the new guidelines are issued? - Matt Whitney
Scientists: Trees help, not hinder, levee safety
U.S. Army Corps of Engineers hears challenges to its removal policy at
Sacramento hearing.
By Matt Weiser - Bee Staff Writer
Published 12:00 am PDT Wednesday, August 29, 2007
Though federal officials on Tuesday faced a deluge of evidence that trees do not
threaten levees, they continued to tout their own policy that could require
every mature tree to be cut down on Sacramento levees.
At a symposium on the issue in Sacramento, a parade of scientists summarized
decades of research showing that trees may, in fact, improve flood safety when
planted on levees.
The backdrop to Tuesday's meeting were the 32 Central Valley levee districts
that in February failed a maintenance inspection by the U.S. Army Corps of
Engineers. Most failed because their levees had too many trees and shrubs.
The corps, which is preparing a new national levee maintenance policy, currently
says no vegetation larger than 2 inches in diameter should grow on a levee. But
that standard has not been applied in California. In fact, the local district
of the corps has worked for decades with local, state and federal agencies to
plant more trees on levees.
The issue affects levee managers nationwide, but it is especially critical in
California, where levees provide virtually the only remaining riverside
wildlife habitat.
"By and large ... trees have a positive or beneficial influence on the safety of
levees," Donald Gray, a geotechnical engineering professor at the University of
Michigan, told the symposium.
The findings were included in a 1991 paper he co-wrote based on a study
sponsored by the corps. "This report was vetted by all the corps districts
before its publication," Gray said.
However, David Pezza, engineering and construction chief of the corps' civil
works branch, said officials did not consider the study in their maintenance
polices because "it didn't match what they saw in the field."
"We do a lot of research in support of our civil works program. But in that
particular case, we did not find that science was relevant to what we were
doing," Pezza said. "Vegetation is very hazardous to infrastructure when it's
not done in an integrated way."
Much of the corps' policy is based on a Federal Emergency Management Agency
document called "FEMA 534 Technical Manual for Dam Owners," which explains
threats to earthen dams from trees and other vegetation.
"When trees grow, they tend to corkscrew their way into an embankment and that
tends to loosen the soil," said Bill Bouley of the U.S. Bureau of Reclamation,
co-author of the FEMA document. "Tree roots do not stabilize soil mass. On the
contrary, tree root penetration loosens the soil."
Other scientists at Tuesday's symposium contradicted that.
Douglas Shields, a hydraulic engineer at a U.S. Department of Agriculture lab in
Mississippi, has studied levees on the Sacramento River and elsewhere. He said
tree roots improve the shear strength -- the point at which soil yields under
stress -- of the soil they grow in.
"You see a major increase in factor of safety as we move from a minimal root
area ratio to a higher level," he said. "We concluded that maintenance
standards should favor shrubs and woody trees."
This year, he and several colleagues used a computer model to show that trees
also offer more erosion protection than a uniform carpet of grass, the levee
cover favored by the corps.
More than 500 people from as far away as Holland are attending the symposium,
organized by the Sacramento Area Flood Control Agency and the Corps of
Engineers. It continues today at the Sacramento Convention Center on J Street.
Some asked what the consequences would be to flood safety if trees were
clearcut from levees, leaving their roots behind.
UC Davis horticulture professor Alison Berry said this could destabilize levees
by causing a large and disparate root mass to decay in unison. Levee erosion
also might increase.
Dirk Van Vuren, a UC Davis professor of wildlife biology, said removing trees
could create better conditions for animals that are most troublesome for levee
managers: burrowing rodents.
Gophers, ground squirrels and voles are the most prolific burrowing mammals on
area levees, Van Vuren said. But they actually prefer open landscapes to easily
detect predators. So a tree-clearing program on levees, he said, is likely to
improve their habitat and cause their numbers to grow.
Joe O'Connor, who lives along the American River Parkway, said he is grateful
the corps is willing to listen to science on the issue. He just hopes engineers
use it to guide policy.
O'Connor fought to preserve three heritage oak trees during design of a new
levee in his Butterfield-Riviera East neighborhood. He lost that battle last
year to the corps, which insisted on a standard levee design that required the
trees to be cut down.
"Safety is No. 1, always," O'Connor said. But, he said, "There's no need to
damage the parkway if it's not going to produce a beneficial effect."
Corps spares levee trees
-
Published 12:00 am PDT Saturday, September 1, 2007
The U.S. Army Corps of Engineers has dropped a deadline that could have forced
32 Valley flood control districts to cut down trees on their levees by March
30.
The action came Thursday at a meeting of state and federal agencies, after a
Sacramento conference that covered much of the available science on levee
vegetation.
In February, the corps said that 32 Central Valley levee districts failed its
national maintenance policy, which was being applied in California for the
first time. Many failed because local policy has encouraged tree planting to
improve wildlife habitat. The corps policy allows no plants larger than 2
inches in diameter.
A more flexible policy is promised by year-end. But recognizing that time is
running out, the corps dropped the compliance deadline for vegetation problems.
For other issues -- erosion, pest control, structure encroachment -- the March
30 deadline stands, said Col. Tom Chapman, corps district commander.
"All along, we have only had public safety in mind," Chapman said. "Our hope is
that we can be in alliance with all the science."
-- Matt Weiser
