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Flood protection efforts may minimize park plan Phoenix receives revised designs By WENDY SIPOREN PHOENIX -- Flood protection for an adjacent manufactured home park may have caused the city to lose a portion of the buildable land it planned for a new city park along Bear Creek. After the 1997 flood, the owners of Bear Lake Mobile Estates built a dike, retaining wall and berm around the park, hoping to prevent a repeat of the flood which wiped out half of the park's 210 manufactured homes. But the work may have resulted in changes to the creek's floodway, consuming land across the creek planned for the new park. The latest plans for the new city park between Interstate 5 and Highway 99, just south of downtown, don't include basketball courts, tennis courts or constructed wetlands, as were planned earlier this year. After an engineering study determined that the amount of buildable land in the 26-acre park is much less than originally thought, design consultant Kerry KenCairn proposed three scaled-back alternatives for the approximate five acres remaining. All three designs presented to the Parks Commission include a gazebo, playground, picnic area and community center. A small amphitheater may also be included. The city has not pursued any action against Bear Lake. City Planner Denis Murray is careful to point out that the city hasn't conducted an engineering study to prove the contention that Bear Lake's barriers resulted in less park land. But Gordon Dunkeld, a natural resources coordinator with the Oregon Division of State Lands, says that when faced with a barrier, flood waters would naturally back up -- in this case to low-lying lands on the other side of Bear Creek. "As a lay person, I can say yes ... (the wall) decreased the usable space for the city on the other side of the creek," Dunkeld said. Construction of the wetlands and initial grading and utility work for the active section of the park was slated to begin this summer for an area across Bear Creek and south of Bear Lake Mobile Estates. The city's engineering firm then determined that the Federal Emergency Management Agency maps were incorrect and that the current floodway extends into the areas planned for the wetland, parking lot and basketball and tennis courts. Local and federal rules prohibit construction in the creek's floodway -- even construction of a wetland -- if it will make flooding worse for surrounding areas. Construction that doesn't affect flooding may be built, but requires a permit from various federal agencies and the process can be time-consuming, said Murray. A floodway is the portion of the floodplain needed to discharge floodwaters, allowing just one foot of water to spill over into the remainder of the floodplain. In addition to the floodway issue, Dunkeld said the state believes the flood protection work was conducted without a permit from the Division of State Lands which must approve any removal or filling of dirt in a waterway. He says it's likely he will open an investigation into the issue. The city is also looking into whether a building permit was obtained from the city. Both Tim Bossard, an engineer who worked on the project, and Bear Lake Mobile Estates regional manager James Burlew claimed Thursday that all the required permits were obtained. If it turns out that the dike or floodwall is a violation of state law, Dunkeld said he would discuss options with the property owners, in this case a group of investors from Los Angeles. "It's going to be a very tough fix if it turns out to be a violation," said Dunkeld. "To restore the stream bank to its prior state would mean that they would lose their (flood) protection." He said mitigation measures and financial compensation would be other options to resolve the conflict. Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA