A lawyer for the golf course developer who plans to buy a piece of an Oregon state park says his client had legal clearance to chop trees, blaze roads and dig test holes on the property without notifying its current owners.
Steve Corey, lawyer for Bandon Dunes Golf Resort owner Mike Keiser, on Wednesday responded to a letter State Parks Director Lisa Sumption sent him three weeks ago questioning the construction at the Bandon State Natural Area.
In an unprecedented move, the state has agreed to sell 280 acres of the coastal state park to Keiser's company, Bandon Biota. Legal hurdles stand in the way of the deal.
While the two sides address the legal issues, the Parks Department's contract with Bandon Biota allows "non-intrusive testings" on the site before the property is transferred, but only if the work is government-mandated.
Keiser's camp went forward with construction of a test well and two exploratory holes in the spring of 2014 without telling parks officials. Agency leaders learned about the disturbance this month after a ranger wandered across the construction site.
"Please send me your understanding of how these actions are both non-intrusive, and necessary for county, state or federal permitting," she wrote in an Aug. 6 letter to Corey.
Parks Department documents show the construction took place on some of the park's most environmentally valuable land, including one site that harbors legally protected plants. Since then, department workers have uncovered an additional site of construction.
In his letter Wednesday, Corey said the test well and boreholes Biota's workers drilled into the land are required for government permits. He did not elaborate on which government agency required them.
Corey also argued Bandon Biota did not need to notify State Parks of its well-drilling. He maintained the construction passes the "non-intrusive" test.
"The word 'non-intrusive testings' were not meant to mean Bandon Biota could not do the testings set forth in the same sentence, but to remind State Parks and Bandon Biota that the testings should occur in a reasonable fashion without undue disturbance of the terrain," he wrote.
Corey could not be immediately reached Thursday for additional comment.
Parks Department spokesman Chris Havel said lawyers from the Oregon Department of Justice are advising parks leaders on how to proceed. The agency's response to Corey's letter could come as soon as Friday.
Parks department workers are inspecting the construction sites for natural and cultural resources and a hired surveyor is clarifying the boundary line between the park and Keiser's abutting land. It's unclear who owns the land where one of the holes sits.
"That's when we'll be able to make a final determination about what affect the disturbance has had on the park," Havel said. "That's how we'll tell whether it was really intrusive and if it went beyond the scope of the agreement."
The two sides are still moving forward with plans to transfer the parcel to Bandon Biota. That can only be done with permission from the Bureau of Land Management, which gifted the property to Oregon under the condition that it could never be used as anything other than a park.
Parks officials plan to seek permits to proceed with the deal despite that clause.
-- Kelly House
khouse@oregonian.com
503-221-8178
@Kelly_M_House