WSR 16-24-063

PROPOSED RULES

[Filed December 5, 2016, 2:21 p. m. ]

Title of Rule and Other Identifying Information: Adoption of Legal Descriptions for Urban Areas Designated in Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b(e).

Hearing Location(s): Fisher's Landing Transit Center, Rose Besserman Community Room, 3510 S.E. 164th Avenue, Vancouver, WA 98683, on February 14, 2017, at 10:00 a.m. Note: The time is the start time for the commission's meeting. The meeting agenda, which will have the hearing time, will be available approximately one week prior to the hearing date.

Date of Intended Adoption: February 14, 2017.

Submit Written Comments to: Jeffrey B. Litwak, Counsel, P.O. Box 730, White Salmon, WA 98672, email jlitwak@gorgecommission.org, by February 2, 2017. Note: Comments submitted prior to the deadline will be addressed in a staff report. The commission accepts written comments until the close of the rule-making hearing.

Assistance for Persons with Disabilities: Contact Nancy Andring by February 6, 2017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule adopts legal descriptions for the urban areas designated in the Columbia River Gorge National Scenic Area, 16 U.S.C. § 544b(e). The rule does not change any existing commission rule or the National Scenic Area Act - it is, in effect, an interpretation of the National Scenic Area Act. The rule will provide greater certainty for landowners and land managers about the precise location of the urban areas. Where the legal descriptions differ from a prior interpretation of an urban area boundary, the legal description will supersede the prior interpretation. Existing uses based on a prior interpretation will be managed in accordance with the existing uses provisions of the commission's management plan and county land use ordinances administering the plan. The rule does not change any urban area boundary; changes to urban area boundaries may only occur in accordance with 16 U.S.C. § 544b(f) (commonly referred to as "4(f)").

Reasons Supporting Proposal: Congress provided maps of thirteen urban areas and stated that the urban areas are "generally depicted." To date, the commission and United States Forest Service have interpreted those maps as needed, which led to litigation and claims of inconsistent procedure and outcome. In addition, the commission is authorized to make minor revisions to urban areas in accordance with 16 U.S.C. § 544b(f). The legal descriptions will reduce litigation, increase consistency in surveying urban area boundaries on individual parcels, and allow the commission to better analyze applications to revise urban area boundaries.

Statutory Authority for Adoption: RCW 43.97.015, ORS 197.150, 16 U.S.C. § 544b(e).

Statute Being Implemented: RCW 43.97.015, ORS 197.150, 16 U.S.C. § 544b(e).

Rule is necessary because of federal law, 16 U.S.C. § 544b(e).

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The commission and forest service prepared the legal descriptions of the urban areas with the assistance of land surveyors licensed in Oregon and Washington, and with the assistance of two advisory committees. Prior to filing this rule-making notice, the commission held three public workshops to explain the purpose of the legal descriptions and show areas where the commission had to use discretion because the maps were unclear. The commission staff will hold an additional public workshop on January 26, 2017, at 2:00 p.m. at the Gorge Commission Office, 57 N.E. Wauna Avenue, White Salmon, WA 98672. Persons interested in attending must RSVP to Jason Hildreth, jason.hildreth@gorgecommission.org. Space is limited to approximately fifteen persons. If there is greater interest, the commission will schedule additional workshops as needed.

Name of Proponent: Columbia River Gorge Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Jeffrey B. Litwak, Counsel, White Salmon, Washington, (509) 493-3323; Implementation: Jason Hildreth, Land Use Planner, White Salmon, Washington, (509) 493-3323; and Enforcement: Krystyna Wolniakowski, Executive Director, White Salmon, Washington, (509) 493-3323.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt under RCW 19.85.025(3). This rule adopts without material change 16 U.S.C. § 544b(e).

A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt under RCW 34.05.328(5), including, but not limited to RCW 34.05.329 [34.05.328] (5)(b)(iii). This rule adopts without material change 16 U.S.C. § 544b(e).

December 5, 2016

Nancy A. Andring

Rules Coordinator

Adopted _______________

(1) This division adopts a Legal Description of each of the thirteen urban areas designated in the Columbia River Gorge National Scenic Area Act ("National Scenic Area Act" or "Act"). This division may be expanded in the future to include legal descriptions of the exterior boundary of the National Scenic Area and of the boundaries of the special management areas designated in the Act.

(2) The maps that Congress enacted as part of the National Scenic Area Act in 1986 were not drawn to cartographic or surveying standards. Congress did not provide any legal description of other documentation accompanying the maps. Different maps enacted in section 4(e) and sections 4(a) and 4(c) of the National Scenic Area Act differ and conflict.

Subsequently, in 1987, the U.S. Forest Service prepared new maps addressing many of the issues with the maps that Congress enacted. The U.S. Forest Service did not provide any legal description, and provided only limited documentation accompanying the maps. The Commission, U.S. Forest Service, and others have used the 1987 maps almost exclusively for administration of the National Scenic Area Act.

The Commission has experienced many situations in which the maps that Congress enacted were drawn to a scale that is too coarse for precision decision making at a parcel level. In addition, improvements in geographic information systems and locational technology have made the identification of precise boundaries more readily available; thus landowners and others involved in land planning expect more precise identification of boundaries established by the National Scenic Area Act.

(3) This rule promotes the efficient and reasonable administration of the National Scenic Act and affords interested persons notice of the Commission's interpretation of the maps referenced in section 4(e) of the National Scenic Area Act. This rule shall be applied to carry out these objectives.

Section 4(e) of the National Scenic Area Act specifies that the boundaries of urban areas are "generally depicted" on maps that Congress enacted as part of the National Scenic Area Act. The Columbia River Gorge Commission, U.S. Forest Service, and Gorge counties need precise legal descriptions to develop and administer the Management Plan and land use ordinances for the National Scenic Area pursuant to sections 6, 7, and 8 of the Act, and the Commission needs precise legal descriptions before making minor revisions to the boundaries pursuant to section 4(f). The Commission and U.S. Forest Service therefore have inherent authority to interpret the generally depicted boundaries, consistent with congressional intent, to administer the Act.

In this rule, unless the context or subject matter requires otherwise:

(1) "Cities" means incorporated cities within the Columbia River Gorge National Scenic Area: Cascade Locks, Hood River, Mosier and The Dalles in Oregon; and White Salmon, Bingen, Stevenson, and North Bonneville in Washington.

(2) "Commission" means the Columbia River Gorge Commission.

(3) "Counties" means Multnomah, Hood River and Wasco counties in Oregon; and Clark, Skamania and Klickitat counties in Washington.

(4) "Legal Description" or "Legal Descriptions," when capitalized, means the legal descriptions adopted in section 030(1) below and contained in the appendix to this rule. When not capitalized, the term, "legal description" or "legal descriptions" does not mean the Legal Descriptions adopted in section 030(1).

(1) The Commission adopts the Legal Descriptions contained in the appendix to this rule.

(2) The Commission, counties, cities, landowners, and other interested persons shall use the Legal Descriptions for all planning, decisions, and other actions requiring reliance on the location of a boundary of an urban area.

(3) The Legal Descriptions have not been monumented or otherwise marked on the ground, except that specific angle points and courses may reference monuments and precise features that existed at the time the Commission adopted the Legal Descriptions. Landowners that want to monument or otherwise mark the Legal Descriptions on their property shall use a licensed surveyor to do so. The Commission will not rely on monuments or markings unless a licensed surveyor has placed them.

The Commission, Commission staff, U.S. Forest Service staff, and surveyors have made prior interpretations of the maps that Congress enacted. These prior interpretations may differ from the Legal Descriptions. The Legal Descriptions shall prevail in the event of a difference. Land use claims involving any difference shall be resolved in accordance with the Existing Uses provisions in the applicable county or Commission land use ordinance corresponding to the Existing Uses provisions in Section 7 of the Management Plan.

(1) The location of an urban area boundary does not shift in response to natural processes that occur over a long period of time, such as accretion and reliction of rivers and streams or ordinary high water, or as a result of major sudden event, such as an avulsion, flooding, landslide, or earthquake. The urban area boundary remains at the location described prior to the event.

(2) The location of an urban area boundary does not shift in response to management of the normal pool elevation behind Bonneville and The Dalles dams The normal pool elevation is as defined by dam operations on November 17, 1986.

(3) The location of an urban area boundary does not shift in response to relocation or realignment of roads and highways. A Legal Description that uses the centerline of a road or highway means the centerline of the road as it existed on November 17, 1986.

(4) The location of an urban area boundary does not shift in response to relocation or realignment of powerlines or powerline easements. A Legal Description that uses a powerline or powerline easement means the powerline or powerline easement as it existed on November 17, 1986.

Columbia River Gorge National Scenic Area

Carson Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 ft. horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Carson Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 3 North, Range 8 East, of the Willamette Meridian, Skamania County, Washington

the Area being 1,880 Acres, more or less.

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 2

b. Sheet 3

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description.

a. USFS Map 8

b. USFS Map 9

3. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. The primary references for this description are the USFS 1987 Map Set, Sheets 8 and 9, and the 1986 Act Map Set UA-004, Sheets 2 and 3.

2. No significant differences are noted between the two reference maps. A significant portion of the Act Map was obliterated by a sticky note.

3. The southern end of the AP 4 to AP 5 call, running along the 400 contour and the AP 5 to AP 6 call, is substantially consistent with the May 16, 1994 planning map initialed by Gorge Commission staff as a SMA/UA Boundary Determination. The Commission staff determination shows undimensioned straight line segments which appears intended to mimic the USFS Carson UA Map. Upon further review, including the Carson Act Map, the intent appears to use the 400 contour. This description follows the contour to and then on the east and west center line of section 21.

4. The coordinate (latitude, longitude) positions shown hereon are GIS derived and are intended for general location purposes only. The description is to be used based on the physical monument and metes and bound calls.

 

Columbia River Gorge National Scenic Area

Cascade Locks Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein - natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 feet horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Cascade Locks Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 2 North, Range 7 East,

Township 2 North, Range 8 East, and

Township 3 North, Range 8 East, of the Willamette Meridian, Hood River County, Oregon.

the Area being 1,581 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004 (Congressional or Act Maps)

a. Sheet 1

b. Sheet 3

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description. The USFS maps appear to have very few differences from the earlier Act Maps.

a. USFS Map 7

b. USFS Map 8

3. Memorandum from Jonathan Doherty, Columbia River Gorge Commission, to Gorge Commissioners, dated November 10, 1997, to Gorge Commissioners, records of Columbia River Gorge Commission, White Salmon, Washington, about "Review of Urban Area Mapping Discrepancies." These mapping discrepancies were addressed in later agreements.

4. "Final Order of the Columbia River Gorge Commission (Modified) Minor Urban Area Boundary Revision - City of Cascade Locks UA-98-01," dated April 16, 2001.

5. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. AP 3 to AP 9, held the "Final Order of the Columbia River Gorge Commission (Modified) Minor Urban Area Boundary Revision - City of Cascade Locks UA-98-01," dated April 16, 2001, records of Columbia River Gorge Commission, White Salmon, Washington.

2. AP 10 to AP 24, held the "Final Order of the Columbia River Gorge Commission (Modified) Minor Urban Area Boundary Revision - City of Cascade Locks UA-98-01," dated April 16, 2001, records of Columbia River Gorge Commission, White Salmon, Washington.

Columbia River Gorge National Scenic Area

Dallesport Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 ft. horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Dallesport Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 2 North, Range 13 East, of the Willamette Meridian, Klickitat, County Washington

the Area being 6,427 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 8

b. Sheet 9

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description.

a. USFS Map 20

b. USFS Map 21

c. USFS Map 22

d. USFS Map 23

3. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. For the course in the UA line to AP 9, it is not clear why Congress elected to deviate from continuing to run along the State line. Both the USFS and Act Maps clearly show that the line in this area does not follow the State line.

2. The call from AP 22 to AP 23 is per the resolution shown on Amendment to Short Plat No. SP-97-35, recorded July 6, 2001 at AF No. 1024369, records of Klickitat County, and runs to an existing farm road. D. Peoples appears to have the correct location of AP 22. The quad maps used in 1985 reflected 1973 aerial photography and would have reflected the road location Peoples monumented. Review of the Gorge Commission files on Urban Area decision revealed a 1997 survey by Land Development Consultants, Inc. (Robert Oquist, PLS) for Dale Jones. This survey was not recorded with Klickitat County. It locates the UA line through the same area as Amendment to Short Plat No. SP-97-35. This survey locates the line by using a bluff and bisecting a house. It also references a November 9, 1992 Gorge Commission determination.

3. AP 23 to AP 32 are as depicted on the plat of Columbia Vineyards Subdivision, recorded June 19, 2007 at AF No. 1070858, records of Klickitat County. Line courses L1 through L10 on this plat reflect the field surveyed location of the original farm road but could only verify this by field survey.

4. AP 32 to AP 36 follow the Urban Area Boundary line, as shown on Boundary Line Adjustment BLA 2012-04, as recorded January 8, 2013, at A.F.N. 1101083, records of Klickitat County, Washington. The line location is consistent with C.R.G.C. No. COA-K-11-02, Final Order and Opinion. The surveyed line and final order reflect an agreed to location for the Urban Area line through the then Arndt Living Trust property.

5. The Bonneville Dam Normal Pool is listed as elevation 72 on the N.S.A. Boundary Quad maps.

6. Elevation calls are National Geodetic Datum of 1929 (NGVD 29).

7. This dimension off of the east line of section 24 used in the Angle Point 3 to 4 call is scaled from USFS CRGNSA Urban Area Map 23.

8. The calls and monuments in AP 38 to AP 41 are per the survey for John Grim & Associates, recorded at A.F.N. 1115674, records of Klickitat County. Washington.

9. The calls and monuments in AP 43 to AP 45 are per the survey for Webster Orchards, recorded at A.F.N. 1112592, records of Klickitat County, Washington.

10. The call and monuments in AP 45 to AP 47 are per the Binding Site Plan for the Port of Klickitat, recorded at A.F.N. 1107846, records of Klickitat County. Washington.

11. The coordinate (latitude, longitude) positions shown hereon are GIS derived and are intended for general location purposes only. The description is to be used based on the physical monument and metes and bound calls.

Columbia River Gorge National Scenic Area

Home Valley Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 ft. horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Home Valley Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 3 North, Range 8 East, of the Willamette Meridian, Skamania County, Washington

the Area being 551 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 3

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description.

a. USFS Map 8

3. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. The Normal Pool Elevation of the Bonneville Dam is 72 ft. (N.G.V.D.) as shown on the USFS 1987 Map Set, Sheet 8.

2. From AP 17 to AP 27 the UAB was scaled from the USFS 1986 Map, Sheet 8, and 1987 Act Map UA-004, Sheet 3. The maps are very similar and the UA line cannot be correlated to known lines or features. The calls from Angle Points 17 to 27 are random. Site investigation may yield a reason for this line location.

3. I believe AP 3 to AP 5 to be substantially consistent with the June 2, 1993 planning map initialed by Commission staff as a Boundary Determination. The Act map shows more of a point at Angle Point 3 which this description mimics. The Commission staff Determination shows an east and west line segment of 150 ft.

4. The coordinate (latitude, longitude) positions shown hereon are GIS derived and are intended for general location purposes only. The description is to be used based on the physical monument and metes and bound calls.

Columbia River Gorge National Scenic Area

Hood River Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 feet horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Hood River Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 2 North, Range 10 East,

Township 3 North, Range 10 East, and

Township 3 North, Range 11 East, of the Willamette Meridian, Hood River County, Oregon.

the Area being 2,422 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 4 - Hood River (Act Map 4); the Urban Area Boundary is not drawn on this map.

b. Sheet 5 - Hood River (Act Map 5) – is a land use map that was the basis for the 1987 USFS Maps. The Gorge Commission and U.S. Forest Service did not have a copy of Sheet 5; a map that appears to be a copy of Sheet 5 was found in a 2016 search of the Hood River County Surveyor's Office. The 1986 Hood River Urban Growth Boundary is drawn on this map, however the Urban Area Boundary is not.

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. Because Act Map 4 did not show the Hood River Urban Area Boundary, and Sheet 5 was missing, the USFS Maps are the basis for this description, particularly USFS Map 28. Certain cartographic interpretations differ from USFS Map to USFS Map.

a. CRGNSA Boundary Map, September 1986, NSA-001, Sheets 1 and 2; Urban Area Boundaries (U.A.B.s) are drawn at a small scale.

b. USFS Map 12.

c. USFS Map 15.

d. USFS Maps 12 and 15 have unexplainable differences with USFS Map 28.

e. Map 28, CRGNSA, September 1986, UA-004, Hood River Urban Area, Sheet 5, Produced January 1987, is a "Land Use Map" which was used as the primary basis for this description. The title block states, "The information on these maps was taken from the official maps referred to in Section 4 of P.L. 99-663 … A map entitled 'Land Use Map, Hood River, Oregon' was used as the base for this map." However, no boundary lines are found on said Act Map.

3. Memorandum from Jonathan Doherty, Columbia River Gorge Commission, to Gorge Commissioners, dated November 10, 1997, to Gorge Commissioners, records of Columbia River Gorge Commission, White Salmon, Washington, about "Review of Urban Area Mapping Discrepancies." These mapping discrepancies are noted in this description at each area.

4. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

5. Research indicates the general intent was to coincide with Oregon Urban Growth Boundaries from that era, with NSA Urban Area Boundaries except where this approach conflicted with other NSA objectives, such as in large areas in the main stem of the Columbia River. This description has incorporated the "legs" of the 1982 Hood River "Urban Growth Boundary (H.R. UGB) legal description, Goal 14 – Urbanization" in many places, which coincide with USFS Map 28.

FOOTNOTES:

1. AP 1 to AP 3, held USFS Map 28; not coincident with the City of Hood River Urban Growth Boundary (H.R. UGB).

2. AP 3 to AP 14, held USFS Map 28; AP 3 to AP 13, held Eastside Amendment to the Urban Growth Boundary, as shown in Ordinance No. 1578, records of City of Hood River, Oregon; also Emergency Ordinance No. 155, records of Hood River County, Oregon.

3. AP 24 to AP 28, held the exterior boundary of the National Scenic Area, on the line between Tps. 2 and 3 N., coincident with the center line of Eliot Drive and Brookside Drive; not coincident with the H.R UGB, which is on the southerly right-of-way line of Eliot Drive, outside the NSA.

4. AP 28 to AP 37, held the 1982 H.R UGB description calls to the "south bank of Indian Creek" which is an unusual call for a non-navigable stream. Clark on Surveying and Boundaries, 4th Edition, 1976 (in use when the NSA was created), Page 843 states, "Where a stream is given as an abutting boundary, the general rule is that title of the abutting landowners runs into the stream unless it is clear from the title descriptions that title runs to one of the banks …. Where the bank is the boundary, it may be either the high water mark or the low water mark." Here, ordinary high-water mark is held, along the southerly bank.

5. AP 37 to AP 39, held 1982 H.R. UGB, as elsewhere in this description, Leg 6 description along section line; USFS Map 28 and USFS Map 12 show the H.R> UGB along the easterly right-of-way lines of Hutson Road and Belmont Drive.

6. AP 43 to AP 45, held 1982 H.R UGB Leg 6 and USFS Map 28, consistent with calls elsewhere in this description; contrary to the 1/4/93 Boundary Determination which was based upon USFS Map 12, records of Columbia River Gorge Commission, White Salmon, Washington.

7. AP 45 to AP 46.2, held boundary line determination as shown in C.S. No. 2009-004, records of Hood River County, Oregon; and supported by Forest Service Land Surveyor Don Karsch in his letter dated Dec. 8, 2005, records of Columbia River Gorge Commission, White Salmon, Washington. This boundary determination modified Legs 7 and 8 of the 1982 H.R UGB.

8. AP 54 to AP 64, held USFS Map 28 and USFS Map 12, not 1982 H.R. UGB which departs significantly from the USFS mapping along the waterfront.

Columbia River Gorge National Scenic Area

Lyle Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 ft. horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Lyle Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 2 North, Range 12 East, of the Willamette Meridian, Klickitat County, Washington

Township 3 North, Range 12 East, of the Willamette Meridian, Klickitat County, Washington

the Area being 239 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 7

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description.

a. USFS Map 18

3. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. The Bonneville Dam Normal Pool Elevation is listed as elevation 72 on the USFS Map 18.

2. Elevation Calls are National Geodetic Vertical Datum of 1929 (N.G.V.D. 29).

3. At AP 2 to AP 5, the Act Map clearly shows more angle points than the USFS mapping. The USFS Map was followed in the description as best as possible through these apparently random locations. The actual physical difference between the maps is very minor.

4. The easterly end of the 400 contour call and AP 6 to AP 9 are fully shown and monumented in the survey for the Friends of Columbia Gorge Land Trust, as recorded at A.F.N. 1107552, records of Klickitat County, Washington.

5. The coordinate (latitude, longitude) positions shown hereon are GIS derived and are intended for general location purposes only. The description is to be used based on the physical monument and metes and bound calls.

 

Columbia River Gorge National Scenic Area

Mosier Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats in effect as of December 1, 2016, and state authority survey plats unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 feet horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Mosier Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 2 North, Range 11 East, of the Willamette Meridian, Wasco County, Oregon.

the Area being 391 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, September 1986 (Congressional or Act Maps).

a. NSA-001

b. UA-004, Sheet 6

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description. USFSUSFSUSFS

a. USFS Map 15

3. Memorandum from Jonathan Doherty, Columbia River Gorge Commission, to Gorge Commissioners, dated November 10, 1997, to Gorge Commissioners, records of Columbia River Gorge Commission, White Salmon, Washington, about "Review of Urban Area Mapping Discrepancies."

4. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. AP 8 to AP 9, held the thread of Mosier Creek. Believing the intent of Congress was to follow existing municipal boundary lines, the Mosier City limits line, dated in multiple drawings back to 1916, is clearly depicted as following along the thread of Mosier Creek. Holding the thread of Mosier Creek eliminates conflict with dwellings in the vicinity. This departs slightly from USFS Map 15 which depicts a straight line before intersecting with the southerly extension of the Mosier Donation Land Claim.

Columbia River Gorge National Scenic Area

North Bonneville Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 feet horizontally, unless otherwise noted.

This description encompasses land that is identified as

The North Bonneville Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 2 North, Range 7 East, of the Willamette Meridian, Skamania County, Washington

Township 2 North, Range 7 East, of the Willamette Meridian, Multnomah County, Oregon

the Area being 2,580 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 1

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description.

a. USFS Map 7

3. Memorandum from Jonathan Doherty, Columbia River Gorge Commission, to Gorge Commissioners, dated November 10, 1997, to Gorge Commissioners, records of Columbia River Gorge Commission, White Salmon, Washington, about "Review of Urban Area Mapping Discrepancies." These mapping discrepancies were addressed in later agreements.

4. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. AP 6 to AP 9 follow the southwesterly boundary of the plat of Relocated North Bonneville. This line is also a portion of the easterly boundary of the Pierce National Wildlife Refuge. Both the 1987 USFS and 1986 Act Maps are vague on the location of the UA line in this area. The line on both maps appears to follow what has been interpreted as a construction haul road, which existed as a part of the construction and relocation of the City of North Bonneville. The shape of the haul road is very similar to the shape of the exterior boundary of the subdivision plat. The haul road no longer exists. Its apparent location would bisect multiple lots within the subdivision plat. Because there is a common shape of both lines and no resource protection or policy reason to split small division lots, this description interpreted the Urban Area Boundary to run along the exterior boundary of the subdivision plat.

2. AP 13 to AP 15 follow the City Limits of the City of North Bonneville. These angle points form a very small triangle on the north side of the B.P.A. transmission line corridor. This land was within the North Bonneville City Limits at the time of the Act and was developed. Both the 1987 USFS and 1986 Act Maps do not include this small triangular area. Believing that the intent of Congress was to follow the existing City Limits line, this description included this area within the Urban Area description for North Bonneville.

3. AP 22 to AP 24 follow the North Bonneville City Limits line. This is consistent with both the 1987 USFS and 1986 Act Maps. However, in this area on the base map utilized for both map sets, the City Limits line was incorrectly depicted. This description reflects the correct location of the North Bonneville City Limits line as it existed at the time of the Act.

4. AP 27 to AP 34 follow the Corps of Engineers Take Line. These courses are as per the survey completed by Hagedorn, Inc., recorded at Book 1, Page 168, survey records of Skamania County.

5. AP 34 to AP 50 follow the North Bonneville City Limits line as adopted by the City of North Bonneville under Ordinance No. 272, dated December 10, 1974. The description within Ordinance No. 272 runs in the opposite direction to the Urban Area legal description. Every effort was made to make the Urban Area description consistent with the description in the ordinance. Deference should be given to the ordinance as the senior document for surveys along this portion of the Urban Area line. AP 35 to AP 50 do not follow USFS Map 7. Believing that the intent of Congress was to follow the existing City Limits line, this description includes this area within the Urban Area description for North Bonneville.

6. For the area between AP 27 and AP 50 both the 1987 USFS and 1986 Act Maps are very vague. The lines drawn on both map sets appear to mimic the shape of the lines described in #4 and #5 above. However, the location as shown on both map sets appears to be offset from the actual location of these lines. Neither map set had the property lines or Corp Take lines on them to make them able to be easily followed. Therefore, believing the intent of Congress to be to follow the Take line and City Limits line as they existed at the time of the Act, this description was written as discussed in footnotes 4 and 5 above.

7. The Normal Pool Elevation of the Bonneville Dam is 72 feet (NAVD29) as shown on the National Scenic Area Maps dated September 1986. The current Quad maps show an elevation of 74 feet.

8. The coordinate (latitude, longitude) positions shown hereon are GIS derived and are intended for general location purposes only. The description is to be used based on the physical monument and metes and bound calls.

Columbia River Gorge National Scenic Area

Stevenson Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail center lines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 ft. horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Stevenson Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 2 North, Range 7 East, of the Willamette Meridian, Skamania County, Washington

Township 3 North, Range 7 East, of the Willamette Meridian, Skamania County, Washington

Township 3 North, Range 7-1/2 East, of the Willamette Meridian, Skamania County, Washington

the Area being 3,153 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 1

b. Sheet 3

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description.

a. USFS Map 7

b. USFS Map 8

3. "Final Order of the Columbia River Gorge Commission, Minor Urban Area Boundary Revision - City of Stevenson, UA-98-02," dated June 22, 1999.

4. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. The normal pool elevation of the Bonneville Dam is 72 ft. (NAVD29) as shown on the National Scenic Area Maps dated September 1986. The current Quad maps show an elevation of 74 ft.

2. Both the 1987 USFS and 1986 Act Maps show this line going from AP 2 to AP 6. This area reflects the "Final Order of the Columbia River Gorge Commission, Minor Urban Area Boundary Revision - City of Stevenson, UA-98-02," dated June 22, 1999, records of Columbia River Gorge Commission, White Salmon, Washington. This revision is also shown and depicted on the November 10, 1997 memorandum as Area 2 (Iman Lake Triangle). The revision area is included in this legal description.

3. Between AP 7 and AP 8 both the 1987 USFS and 1986 Act Maps depict the center line of the Bonneville-Coulee (300 ft. wide) transmission line easement with angle breaks. The Bonneville-Coulee line drawings do not show angle breaks nor do any exist in the field. This legal description simply calls the center line of the Bonneville-Coulee right-of-way.

4. Both the 1987 USFS Maps (Sheets 7 and 8) and the 1986 Act Maps (UA-004, Sheets 1 and 3) were analyzed for preparation of this description. I find only one location where the maps differ enough to note. This location is the AP 15 to AP 17 courses. The USFS Map runs to a B.P.A. transmission line easement center line. The Act Map runs a random direction to intersect Nelson Creek. With no logic to the random Act Map course, this description held the USFS Map location.

5. The coordinate (latitude, longitude) positions shown hereon are GIS derived and are intended for general location purposes only. The description is to be used based on the physical monument and metes and bound calls.

6. The Urban Area Boundary jumps across the mouth of Rock Creek. It does not enter Rock Cove.

Columbia River Gorge National Scenic Area

The Dalles Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (P.L.S.S) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 feet horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Dalles Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 1 North, Range 13 East,

Township 2 North, Range 13 East,

Township 1 North, Range 14 East, and

Township 2 North, Range 14 East, of the Willamette Meridian, Wasco County, Oregon.

the Area being 5,536 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 8 - The Dalles UA Boundary has been erased, refers to: "See NSA-001, Sheet Two"

b. Sheet 9 - The Dalles UA Boundary has been erased, refers to: "See NSA-001, Sheet Two"

c. Sheet 10 - Land Use Map The Dalles, Oregon - is a land use map which, by reference, was the basis for the 1987 USFS Maps. Cartographic depictions from Sheet 10 (Act Map 10) were held where occasional differences occurred with USFS Map 29. Act Map 10 also contains a handwritten note stating, "Note: Urban Growth Boundary follows The Dalles UGB …." The Commission and U.S. Forest Service believe the words "Urban Growth Boundary" means "Urban Area Boundary." Consistent with this note, the 1980 Zoning Map of The Dalles, see note 3, was examined where applicable. Act Map 10 depicts numerous courses which fit well with roads, ownerships, and the US rectangular system.

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description. USFS Certain cartographic interpretations differ from USFS Map to USFS Map. The footnotes in this description explains significant discrepancies between the congressional and USFS Maps, between the USFS Maps, and resolutions of the discrepancies.

a. CRGNSA Boundary Map, September 1986, NSA-001, Sheet 2, UABs drawn at a small scale.

b. USFS Map 20.

c. USFS Map 21.

d. USFS Map 22.

e. USFS Maps 20 to 22 have several unexplainable differences with USFS Map 29.

f. USFS Map 29. This map is a "Land Use Map" which was referred to when USFS Maps 20 to 22 were ambiguous. The title block states, "The information on these maps was taken from the official maps referred to in Section 4 of P.L. 99-663 …. A map entitled 'Land Use Map, The Dalles, Oregon' was used as the base for this map." Based on that statement, this description occasionally holds to Act Map 10 where differences between the two maps occur and where Act Map 10 fits known geographic features or property lines. Map 29 also has two notes stating "Urban Growth Boundary" at the depicted Urban Area Boundary lines. These notes, and identical Act Map UA-004, Sheet 10 notes, demonstrate the USFS cartographers' intent to follow the congressional delegation's attempt to depict the city's 1986 urban growth boundaries.

3. Zoning Map of City of The Dalles, Oregon, dated May 28, 1980, was used in this description to clarify a number of ambiguities between various maps.

4. City of The Dalles Urban Growth Boundary Mapping and Legal Description (2006) were both referred to as this description was written. The mapping was a basis for comparison USFS because the CRGNSA Act states that urban areas are "generally depicted" (see CRGNSA Act, § 4(e)), and are contained on small-scale drawings.

5. Memorandum from Jonathan Doherty, Columbia River Gorge Commission, to Gorge Commissioners, dated November 10, 1997, to Gorge Commissioners, records of Columbia River Gorge Commission, White Salmon, Washington, about "Review of Urban Area Mapping Discrepancies." These mapping discrepancies are noted in this description at each area.

6. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. AP 1 begins at the same point as The Dalles Urban Growth Boundary (T.D UGB).

2. AP 2 to AP 11 held 1980 T.D UGB and Act Map 10 for reasons stated in the Map Source Narrative, specifically where these courses fit well with roads, public ownerships, and the US rectangular system, unlike the depictions in USFS mapping in these specific locations. Note also that 1997 G.C. Memorandum "Area 6B – I 84 Right-of-Way" was not held because the "drafting error" pertains to USFS Map 29 which, itself, is not drawn correctly in this location.

3. AP 24 to AP 26 held T.D UGB, minor difference from USFS Map 29.

4. AP 34 to AP 38 held USFS Map 29, in harmony with conclusion reached in 1997 G.C. Memorandum "Area 6C – Dry Hollow Elementary School."

5. AP 43 to AP 50 held 2006 T.D UGB description, including two long-standing residential home sites, which were shown as one "protrusion" on the 1982 T.D UGB map.

6. AP 85 to AP 86 held westerly line of 1953 Emerson Park Addition. The 1987 USFS dotted boundary line is drawn some distance westerly of the West 13th Street right-of-way, not depicting this said right-of-way, suggesting it must have been intended to be westerly of the existing homes, so this description held the 1980 T.D UGB Map which coincides with the subdivision boundary. This is also consistent with the "Urban Growth Boundary" note on USFS Map 29 and the conclusion reached in 1997 G.C. Memorandum "Area 6D – West Thirteenth Street."

7. AP 96 to AP 102 held USFS Map 29 and U.S. Army Corps of Engineers Permit Line, see also Urban Area Boundary determination letter from James Johnson, Columbia River Gorge Commission, to John Rayburn, Port of The Dalles, dated July 17, 1990, records of Columbia River Gorge Commission, White Salmon, Washington.

8. AP 98 to AP 103 held conclusion reached in 1997 G.C. Memorandum "Area 6A, Columbia River The Dalles," leaving T.D UGB, staying consistent with USFS Map 29.

9. AP 103 to AP 1 held USFS Map 29 to coincide with state line and to abut the Dallesport Urban Area Boundary.

Columbia River Gorge National Scenic Area

White Salmon and Bingen Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 ft. horizontally, unless otherwise noted.

This description encompasses land that is identified as

The White Salmon and Bingen Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 3 North, Range 10 East, of the Willamette Meridian, Klickitat County, Washington

Township 3 North, Range 11 East, of the Willamette Meridian, Klickitat County, Washington

the Area being 3,325 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 4

b. Sheet 6

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description.

a. USFS Map 12

b. USFS Map 15

3. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. The Bonneville Dam Normal Pool Elevation is listed as elevation 72 on the N.S.A. Boundary Quad Map Sheets 12 and 15.

2. Elevation calls are National Geodetic Vertical Datum of 1929 (N.G.V.D. 29).

3. Short Plat No. SPL 2004-32, recorded at Auditor's File #1055724, records of Klickitat County was completed in 2005 by Frank Childs, PLS of Taylor Engineering. Mr. Childs worked with then USFS Scenic Area Surveyor Don Karsch, PLS, to locate the line on this plat. There was correspondence between Mr. Childs, Mr. Karsch and Gorge Commission Senior Planner Brian Litt concerning this short plat. Mr. Childs utilized an overlay of USFS Map 12 which was then rotated, translated and scaled into position by reference to other known common points such as road intersections. Mr. Karsch accepted this location which was subsequently accepted by the Gorge Commission and Klickitat County. Both surveyors acknowledge that the line located in in this fashion is likely to be accurate to within only 10 to 20 ft. Following the initial short plat the property has been developed as Hatfield Estates. Platted lots adjoin the line established in Short Plat 2004-32. Mr. Childs' determination and Mr. Karsch's review did not have the benefit of also being able to review the Act Map. The Act Map appears to follow the 400 contour through the majority of the determination. Utilizing the 400 contour would appear to move the UA line to the east in the 15 to 65 foot range. Because of the determination and subsequent land use actions this description follows the line determined in Short Plat 2004-32.

4. Boundary Line Adjustment, BLA 2007-12 by Klein & Assoc. Inc. for Whitney Miller, recorded September 11, 2007 at A.F. #1072760, records of Klickitat County, shows the UA line and notes it as being the top of a prominent slope. Mr. Klein worked with then USFS Scenic Area Surveyor Don Karsch, PLS to locate the line on this plat. There was correspondence with between Mr. Klein and Mr. Karsch on the UA line location. Mr. Klein imported a digitized GIS line from the USFS map sheet 12. They surmised that the line segments shown on the map represented bluffs or grade breaks. One of Mr. Karsch's notes states "… they were trying to follow breaks of the east side of the White Salmon. Either that or a very poor tracing of the contour line." Their review of the UA line location in this area did not include review of the Act Map. The Act Map in this location appears to follow the contour line. The line established by Mr. Klein was not utilized as a property line in the BLA. There is very little physical difference in these two locations. Either location follows Mr. Karsch's opinion that the intent was to "be able to develop the flat area, and keep the steep slopes protected." Because BLA 2007-12 followed protocols of the time, this description follows the line shown on BLA 2007-12.

5. AP 32 does not coincide with a C.R.G.N.S.A draft exterior boundary description. It runs to the north and south center line of section 18. The USFS and Act Maps clearly show this intent. Berta Romio, P.L.S. of the USFS, and coauthor of the draft N.S.A. Exterior Boundary legal description agreed with this conclusion and would support modifying the NSA Exterior description if/when the FS continues work on the exterior descriptions.

6. The locations of AP 36 and AP 37 will be very close. Without benefit of field survey, it is unknown whether the course from AP 36 to AP 37 will be north or south along the section line; therefore, this description shows both bearings without a distance. AP 37, AP 38, and AP 39 conform to the Klein surveys for Vezina, recorded as A.F.N. 1046562 and 1020245. AP 39 connects to the Pioneer Surveying and Engineering survey for S.D.S. Lumber Co., recorded as A.F.N. 1085112. The surveys do not readily explain how they fully connected to each other. Under additional actual field survey, another angle point may be developed within the UA line. The intent of the UA description is to conform to these surveys. These surveys were performed without benefit of the review of the Act Map. Consideration of the Act Map may have resulted in a slightly different location of the Urban Area description; however, these surveys followed the protocols in place at the time they were completed and were held for the UA description. This creates a small jog on the section 28 and 29 line at AP 40 to AP 41, which does not readily appear on either of the USFS or Act Maps.

7. The coordinate (latitude, longitude) positions shown hereon are GIS derived and are intended for general location purposes only. The description is to be used based on the physical monument and metes and bound calls.

Columbia River Gorge National Scenic Area

Wishram Urban Area Legal Boundary Description

All corner points and lines of the Public Land Survey System (PLSS) referenced in this description are according to the latest official survey notes and plats, and state authority survey plats in effect as of December 1, 2016, unless otherwise specified. The hierarchy of the "rules of construction" is observed herein – natural monuments control over artificial monuments, which control over bearings and distances, which control over coordinates. This description will be junior to all senior rights when overlaps may occur. This description shall be considered, along with the final legislation map, as whole and complete per the original legislation creating this urban area and together they both shall govern all boundaries of this area, and guide future "on-the-ground" surveys. Where the boundary is described as a topographic feature, the actual location of the feature will control the approximate course identifying that part of said boundary. Courses for parallel offsets are measured from the apparent road or trail centerlines of the traveled way to determine the boundary and are intended to be used to locate the boundary in the future in the event that the road migrates or becomes indistinguishable; the courses follow the general configuration of the feature and not every turn or bend. The latitudes and longitudes reported for certain corner points and angle points in this description are North American Datum of 1983 (NAD83) (2011) (Epoch2011.00) values where survey-grade Global Positioning System (GPS) data was available, otherwise were determined by Geographical Information Systems (GIS) mapping data with a relative accuracy of ± 40 ft. horizontally, unless otherwise noted.

This description encompasses land that is identified as

The Wishram Urban Area, established in the COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT OF 1986, Pub. L. No. 99-663, § 4(e), 100 Stat. 4274, 4277 (1986), located in portions of:

Township 2 North, Range 15 East, of the Willamette Meridian, Klickitat County, Washington

the Area being 456 Acres, more or less.

SOURCE MAPS AND DOCUMENTS:

1. 1986 Columbia River Gorge National Scenic Area Act Urban Boundary Maps, UA-004, September 1986, (Congressional or Act Maps):

a. Sheet 9

2. In January 1987, the U.S. Forest Service developed maps based on the congressional maps (USFS Maps). The Commission and U.S. Forest Service used the USFS Maps as the primary National Scenic Area maps until adopting this legal description. The USFS Maps are generally the basis for this description.

a. USFS Map 25

3. Copies of all source maps and documents are available at the Columbia River Gorge Commission and U.S. Forest Service, National Scenic Area offices.

FOOTNOTES:

1. The Dalles Dam Normal Pool elevation is listed as elevation 160 on USFS Map Map 25.

2. Short Plat 90-05, recorded October 22, 1990 at Auditor's File No. 220700 (Vol. 2 of Short Plats, Pg. 60), records of Klickitat County.

3. Elevations calls are National Geodetic Vertical Datum of 1929 (NGVD 29).

4. Short Plat G-18, recorded May 15, 1975 at Auditor's File No. 152475, deed records of Klickitat County.

5. AP 11 to AP 14 follow the survey for Gloria Flock completed by Jesse Garner, WA PLS No. 42687, of Pioneer Surveying and Engineering, recorded November 29, 2011 at Auditor's File No. 1095717, deed records of Klickitat County. See also Gorge Commission letter to Gloria Flock dated November 22, 2011.

6. Both the 1986 Congressional Map (CSW-UA-004, Sheet 11) and the 1987 USFS Map (Sheet 25) were studied for preparation of this description. No differences of significance between the two maps were found.

7. A planning map dated October 6, 1989 and initialed by Gorge Commission staff depicts the line between the GMA and Wishram UA and includes some dimensioning. This map appears to have been completed to allow completion of Short Plat No. SP-90-05, which was recorded October 22, 1990 (Klickitat Co. Auditor's File #220700). This description is generally consistent with this map. This description calls to the west line of Lots 1 and 2 in this short plat so will match up on the 700 foot distance from the west line of Section 18. This description's call north of the north line of Section 18 is approximately 409 ft., not 400 ft.; using the point of the old county road to locate this section of the UA line is more consistent with the USFS and Act maps than the Commission staff determination. This description's call south from the north line of Section 18 is about 1,560 ft., which is longer than the 1,500 used by the Commission staff determination. Not knowing how the Commission staff developed this distance, this description uses the more precise dimensioning developed from the USFS and Act maps.

8. A planning map dated May 22, 1990 and initialed by Gorge Commission staff depicts the line between the GMA and UA along a portion of the southwest side of Wishram. The map does not include any dimensioning. It does call out the center line of a drainage. This description also calls to the drainage, which is generally consistent with Commission staff map.

9. The coordinate (latitude, longitude) positions shown hereon are GIS derived and are intended for general location purposes only. The description is to be used based on the physical monument and metes and bound calls.