We have recently received 2 decisions, one from the Department of Environmental Quality (DEQ) and one from the City of Eugene Planning Dept. The DEQ finalized the MAO (Mutual Agreement Order) for the Waters of the US, which is the Goal 5 stream flowing into Videra Creek and the wetlands associated with it. The City of Eugene Planning Department issued the Land Use Decision for the application for a Proposed Unit Development—Final (PDF 25-01) and for Standards Review (SDR 25-02). The Standards Review was for the portion of the Randy Lane extension that will cross the Goal 5 stream. SVOM, as well as many neighbors, sent in concerns to both the DEQ and the City of Eugene during their respective comment periods.

DEQ

The current federal administration has pretty well gutted the laws regarding water quality and wetland protections that made the DEQ’s oversight so important. In the past, a water quality permit would have been required for the Waters of the United States, designated as Wetland 2B on this property, and the permit would have either been approved or denied. Click to see Wetland 2B. That is no longer the case. Now, when the developer states that there will be no construction on or disturbance of a Water of the US, the DEQ issues an MAO in lieu of permit. This Mutual Agreement and Order outlines specific requirements the DEQ has determined are required to ensure that the waters/wetlands are not compromised in any way during the course of construction and the developer signs their agreement. While we were able to get a few of our concerns addressed and the final MAO reflects some changes, there was never a chance for denial. After reviewing the document, we have determined that there are no legal grounds for appeal.

In other words, due to rule changes, if the developer states he will avoid impacting the wetlands and stream that have been designated “Waters of the US”, he doesn’t need a water quality permit. All he needs to do is agree with the conditions the DEQ has set forth. That has been done. What we can do is hold them to all conditions.

City of Eugene Planning

The City of Eugene’s Planning Director has issued his approval with conditions for the PDF and the SDR. After having gone through the Decision documents, and in consultation with our lawyer, SVOM feels there are aspects which have been either misrepresented or misinterpreted by the city or have not been properly addressed, including, but not limited to, the Fire Marshal’s requirements. As a result, we will be appealing. Once we have filed the appeal, we will update this information.

The City’s decision can be found here: https://pdd.eugene-or.gov/LandUse/DocumentDetails?file=PDF-25-0001&id=4890208

Our appeal centers around a few specific areas:

• Fire Marshal’s comments/requirements which were not even acknowledged in the Eugene Planning Director’s decision, and in fact were misrepresented by saying the Fire Marshal had no concerns.

• Codes which require explanations of how the developer will comply. The Planning Director’s decision to allow an alternative to write some words on the final site plan stating compliance would occur, is not actionable compliance and not the intent of the codes.

We know that a hearing will be scheduled within 45 days and will update this space as we have more details.

1. Request: DEQ update the MAO, Condition 11 Post Construction Stormwater Management, to reflect the updated Stormwater Facility Plan that shows 7 Swales and 8 Basins.  Currently the plan shows only 6 swales and basins.  This needs to be updated so any activity is accurately noted within the proper swales or basins.  Additionally, all plans and maps need to be consistent between agencies. (Swales and Basins PDF)

1a.  The new stormwater plan now includes a 5-tiered detention system. Based on the map alone, it is difficult to determine the exact location of this system, but it appears this system will impact the stand of native oaks along Hawkins Lane, including one aged at 300 years old. (Swales and Detention System Highlighted)

Request: DEQ evaluate this situation for finding of possible impact to the environment under: MAO stipulated order No. 12, Page 3. "...DEQ may amend the conditions in this MAO without the agreement of Applicant upon finding that such modification is necessary because of changed circumstances or to protect public health or the environment."

2. Request: DEQ require the Applicant to fund a BMP (Best Management Practices) monitoring position through either DEQ or City of Eugene. Rationale: the volume of MAO Conditions will require frequent monitoring for compliance during wetlands removal/fill and during all phases of construction. Implementing and monitoring these conditions is costly. DEQ does not state how the conditions will be monitored and enforced. Comments should emphasize this omission.

Here is a list of 8 associated conditions which will need monitoring:

Note to Commenters: By listing them, it may reinforce the concept of how numerous they are and monitoring them will require the aforementioned position.

1) Erosion Control

2) Deleterious Waste Materials

3) Spill Prevention

4) Vegetation Protection and Restoration

5) Buffers

6) Previously Contaminated Soil and Groundwater

7) Post Construction Stormwater Management

8) Stormwater Management & System Maintenance

3. Support Condition 8 "Buffers" of the MAO Attachment A as written: The Applicant shall avoid and protect from harm, all wetlands and provide a 50-foot buffer to waters of the state. 

Note to Commenters: Emphasize this because wetlands the developer can legally remove and fill are “waters of the state”. 50-foot buffers will further restrict where construction may occur. (DEQ Wetland Map)

4. Request: DEQ should confer with DSL to disallow Removal/Fill of Wetland 3B. Wetland 3B is associated with Lot 39 which has been disallowed for development by City of Eugene Municipal Code 9.6715 Height Limitation. Since development is not approved for this lot, wetland disturbance should also be disallowed.

On December 11, 2025, the Oregon Department of Quality (DEQ) held a Public Information Hearing via Zoom. More than 50 concerned citizens attended. The DEQ is the state agency that regulates water quality and determines standards for water diversion and wastewater disposal for the proposed development at Videra Oak Meadow. They also create the requirements for ensuring no construction activities will result in any harm to the waters (wetlands, creek, etc.) involved. This is important because if the developer eventually prevails, SVOM wants to ensure that these rules are followed to the letter.

Following the Zoom meeting, a public comment period re-opened and will remain open until December 30th. 

Our group is requesting: 1.) Public records related to the development and the developer's application, and 2.) An extension of the comment period until January 15th so we have more time to respond.

Be sure to check here frequently for further updates. 

THIS COULD BE THE LAST OPPORTUNITY TO MAKE
OUR VOICES HEARD

Stop the Destruction
and Development of Videra Oak

The Oregon Department of Environmental Quality (DEQ) is weighing whether to allow the removal of wetlands at Videra Oak Meadow - a decision that will have huge impacts on Videra Creek water quality, wildfire protection, landslide risk, and the potential for flooding in our neighborhood and those down the hill. 

Because we had so many who submitted requests for a public hearing on the application for wetland mitigation, the DEQ is holding an Informational Meeting to explain its role in the process and how it will make its decision, followed by a Q&A and comment period. 

This coming Thursday is a critical meeting in the decision process. We need everyone who is concerned about the possible destruction of the meadow to attend this meeting on Zoom. Having more eyes on the process shows them how seriously we take this issue and the need for transparency in decision making. 

Why is the DEQ involved? Because Videra Creek’s health and water quality depends on the health of the wetlands. To alter this requires a special permit from the DEQ. 

Instead of the normally required 401 Water Quality Certification permit, the DEQ is considering issuing a Mutual Agreement and Order. The agreement outlines conditions which would allow the developer to remove a section of the wetlands at the 15-acre site. The wetland removal is a key part of the developer’s plan to make this pristine property suitable for the construction of up to 148 homes. If the wetlands can be protected, the project cannot move forward as planned.

WHAT IS INVOLVED IN WETLAND REMOVAL?

Removing wetlands is a complicated and incredibly destructive process. 

1. The wetland must first be drained of standing water and the water table lowered using construction equipment to dig trenches and create French drains. 

2. Equipment is brought in to clear the entire area of vegetation, removing the trees and vegetation.

3. Backhoes excavate the native soil and hundreds of dump trucks come and go all day long for weeks as they haul it away. 

4. Once the native soil has been hauled away, hundreds of dump trucks will continue to come and go all day long for weeks, as they bring in fill material to replace the native soil.

5. Heavy machinery is brought in to compact the fill material in an attempt to ensure the ground is stable enough to build on. 

DID YOU KNOW? Wetlands sequester and store carbon dioxide and methane.  Their disturbance and removal instantly release all of that stored carbon dioxide and methane into the atmosphere, contributing to global warming. 

For more information on the importance of wetlands, click here.

We want to alert you to a couple of important new actions taking place regarding the application for development of Videra Oak Meadow.

1. As part of the application to remove almost 70% of the wetlands, the developer had to apply for a (401) Dredge and Fill Permit with the Department of Environmental Quality (DEQ).  The DEQ is tasked with overseeing Videra Creek’s water quality. The existing wetlands naturally filter impurities.

The DEQ asked for comments from interested parties on a draft agreement that will sidestep the permit process if approved.  SVOM and many supporters submitted comments prior to the October 13th deadline. We are now awaiting a decision and hoping for a public hearing.

2. The developer has filed 2 applications: One for a PDF (Planned Unit Development Final) for final approval of the overall development plans, as well as one for a Standards Review, which they have to do since they want to build a road over a Goal 5 stream, which has been deemed a natural resource for preservation.

Unfortunately, we’ve moved past the stages that have public oversight and Eugene rules don’t allow for comment on these 2 applications.  We will be monitoring them and continue to let you know of any further developments.