UPDATED 12/18/23: Proposed Phoenix development to threaten water quality

12/18/23 UPDATE: Recently, I let you know that Rogue Riverkeeper would be submitting comments to the City of Phoenix regarding a planned development which could have a big impact on a source of cold water to Bear Creek. While we can all agree that our region is in need of affordable housing, it should not come at the expense of water quality and the protection of aquatic habitats. There are ways to build that lessen the impacts to the environment and 435 of you stepped up to sign our petition in support of protecting this coldwater source. Thank you!

The proposed multi-unit development planned alongside the Bear Creek Greenway neglected to provide any consideration for springs at the location that provide vital cold water to Bear Creek. At the Dec. 11, 2023 hearing I was pleased to see the City of Phoenix Planning Commission approve a proposed Final Order for the project which included the provision to allow the spring waters to drain cold and un-changed into Bear Creek and continue to contribute to a healthy aquatic habitat. 

Rogue Riverkeeper, the Oregon Department of Fish and Wildlife, and local residents have observed several springs on the property and submitted comments in support of protecting the springs as well as requesting that the spring water not be directed into the planned stormwater facilities which could allow the water temperature to increase. As a condition of approval, the City of Phoenix has also required the applicant to revise the site plans to not allow any of the spring water to be captured or routed into the proposed stormwater detention facilities. 

This property will also require an additional review because the Oregon Department of State Lands (DSL) approved a wetland delineation report where five wetlands and two ditches were determined to be jurisdictional to the state Removal-Fill Law. The applicant has been requested by DSL to do further consultation and obtain DSL authorization for the project. Currently in Oregon, the state and local laws regarding wetlands such as those under the authority of the DSL are one of the few avenues clean water advocates have to protect wetlands, the US Supreme Court having changed how the Clean Water Act can be implemented earlier this year.


Bear Creek after the 2020 Almeda fire.

Written by Frances Oyung on December 8th, 2023

Threats to water quality come in many forms. Development activities such as the building of roads and structures can impact how water moves on the landscape, what pollutants it picks up, and the quality of water that enters the streams that contribute to the Rogue River. After the Almeda Fire in the Bear Creek watershed, the swaths of blackberry that had been covering the land were removed, revealing features in the landscape that had previously been difficult to see. In the City of Phoenix, it is now clear that there are numerous seeps, springs, and wet areas that allow cool groundwater to join Bear Creek, flowing even during the heat of summer and contributing cold water that native fish need to survive.

One development being proposed in Phoenix could provide some much needed multi-unit housing, but is proposed to be constructed on top of a spring which provides vital cold water to Bear Creek. The site drawings submitted to the City of Phoenix do not show any indication of the spring and appear to indicate that a building or pavement will be constructed on top of them. But Rogue RIverkeeper, local residents, and the OR Dept. of Fish & Wildlife have observed this spring flowing through the summer and even the Dept. of Fish & Wildlife recognizes the value this cold water source is providing to Bear Creek. As ODFW has stated: “Several springs are present at 3976 South Pacific Hwy which originate from the hillslope on the western edge and the runoff from the springs leaves the property as surface water near the Bear Creek Greenway Path … These springs provide thermal refuge for native salmon, steelhead, and trout during summer months when juveniles migrate from stream reaches below Medford to the Phoenix area.”

The spring water emerging from the hillside at the site is steady and construction on top of them would be problematic in numerous ways beyond the impact to the overall hydrology. The spring and wet area at the site do not meet the State of Oregon Dept. of State Lands criteria for wetlands preservation and thus, there is no regulatory framework to protect this spring. Our only recourse is to submit comments to the City of Phoenix Planning Commission to request that these springs be considered in the development of the parcel and protected.

There are ways to build and lessen impacts to the environment. Can you sign this petition so that Rogue Riverkeeper can go to the City of Phoenix Planning Commission meeting and let them know that you agree that this spring is important to the overall health of a waterway that supports native fish?

Other ways to let the City of Phoenix know that you care about protecting cold water sources for Bear Creek:

If you wish to have your views heard on this project, the public may attend the City of Phoenix Planning Commission public hearing on Monday, December 11, 2023 at 6:30 p.m. in the Phoenix Plaza Civic Center located at 220 North Main Street, Phoenix, Oregon. One may also post comments regarding this project to the same address. This project is planned for 3796 S. Pacific Hwy – File No. SP23-05/VR23-01/LL23-02/FP23-01