HomeMy WebLinkAbout85-00285- 2022
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COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDINANCE NO. 85-002
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 1.030, Subsection (3), Definitions,
Deschutes County Zoning Ordinance of 1979, Ordinance PL -15, is
amended to read:
"(3) Accessory use or accessory structure. A use or
structure incidental and subordinate to the
main use of the property, and located on the
same lot as the main use. Accessory uses in-
clude drilling for, and utilization of, low-
temperature geothermal fluid in conjunction
with the main use of the property."
Section 2. Section 1.030, Definitions, Deschutes County
Zoning Ordinance of 1979, Ordinance PL -15, is amended by the
addition of the following:
"(46a) Geothermal energy facility, small-scale. An
e ectrical power generating plant with a nom-
inal electric generating capacity of less than
25 MW; a pipeline that is less than 16 inches
in diameter and less than 5 miles in length
used to carry geothermal resources; and related
or supporting equipment and facilities."
Section 3. Section 1.030, Definitions, Deschutes County
Zoning ordinance of 1979, Ordinance PL -15, is amended by the
addition of the following:
1 - ORDINANCE NO. 85-002
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An Ordinance Amending Ordin-
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ance No. PL -15, Deschutes
County Zoning Ordinance of
1979, as Amended, to Provide
Standards and Criteria for
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Geothermal Facilities, Pro-
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viding Definitions, Making
Geothermal Operations Condi-
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tional Uses, and Making
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Findings.
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ORDINANCE NO. 85-002
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 1.030, Subsection (3), Definitions,
Deschutes County Zoning Ordinance of 1979, Ordinance PL -15, is
amended to read:
"(3) Accessory use or accessory structure. A use or
structure incidental and subordinate to the
main use of the property, and located on the
same lot as the main use. Accessory uses in-
clude drilling for, and utilization of, low-
temperature geothermal fluid in conjunction
with the main use of the property."
Section 2. Section 1.030, Definitions, Deschutes County
Zoning Ordinance of 1979, Ordinance PL -15, is amended by the
addition of the following:
"(46a) Geothermal energy facility, small-scale. An
e ectrical power generating plant with a nom-
inal electric generating capacity of less than
25 MW; a pipeline that is less than 16 inches
in diameter and less than 5 miles in length
used to carry geothermal resources; and related
or supporting equipment and facilities."
Section 3. Section 1.030, Definitions, Deschutes County
Zoning ordinance of 1979, Ordinance PL -15, is amended by the
addition of the following:
1 - ORDINANCE NO. 85-002
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"(46b) Geothermal resource, high-temperature. Any
ground water, steam, or other fluid 250°F or
greater which is used for its thermal charac-
teristics."
Section 4. Section 1.030, Definitions, Deschutes County
Zoning Ordinance of 1979, Ordinance PL -15, is amended by the
addition of the following:
"(46c) Geothermal resource, low-temperature. Any
ground water, steam, or other fluid less than
250°F which is used for its thermal character-
istics."
Section 5. Section 1.030, Definitions, Deschutes County
Zoning Ordinance of 1979, Ordinance PL -15, is amended by the
addition of the following:
"(46d) Geothermal well, high-temperature. Any exca-
vation, as defined by ORS 522.005(10),
522.005(12), or 522.005(15), that is constructed
or used for the thermal properties of the re-
source contained within, or which is constructed
or used for returning such resource to an under-
ground reservoir."
Section 6. Section 1.030, Definitions, Deschutes County
Zoning Ordinance of 1979, Ordinance PL -15, is amended by the
addition of the following:
"(46e) Geothermal well, low-temperature. Any excava-
tion, as defined by ORS 537.515T7), that is con-
structed or used for the thermal properties of
the resource contained within, or which is con-
structed or used for returning such resource to
an underground reservoir."
Section 7. Subsection (2) of Section 4.100, Surface Mining
(SM) Zone, Deschutes County Zoning Ordinance of 1979, Ordinance
PL -15, is amended by the deletion of Subsection (2)(I).
Section 8. Subsection (3) of Section 4.100, Surface Mining
(SM) Zone, Deschutes County Ordinance of 1979, Ordinance PL -151
is amended by the addition of Subsection (3)(E) which reads as
follows:
"(E) Operations for the exploration of geothermal
resources."
2 - ORDINANCE NO. 85-002
62 PAGE 787
Section 9. Section 8.050, Specific Use Standards, Deschutes
County Zoning Ordinance of 1979, Ordinance PL -15, is amended by
the addition of subsection (20) which reads as follows:
11(20) High-temperature geothermal wells and
small-scale geothermal energy facilities:
(A) Applicants shall provide the following
information:
(1) Project description. A detailed nar-
rative which describes the appli-
cant's plan of operations for explor-
ation, production, utilization,
and/or injection. This description
shall include estimated starting and
completion dates for each activity
or phase of the project. It shall
also include a concise but compre-
hensive discussion of the project's
expected environmental impacts.
This narrative shall also include as
an exhibit a statement describing
the applicability of all local,
state, or federal inventories of
Statewide Planning Goal 5 resources
in the project vicinity.
(2) Maps. As may be required by the
Planning Director, maps shall be
submitted on readily reproducible
transparencies as follows:
(a) A topographic map, of a scale
not less than one inch to
one-half mile, on which the
following are shown: all
pertinent property ownership
and geothermal lease bound-
aries; the location of all pro-
posed, existing, and aban-
doned geothermal wells and/or
energy facilities; all exist-
ing and planned access roads;
major drainage patterns of the
project's operational area;
and significant environmental
features and natural resource
locations, including but not
limited to: mineral or aggre-
gate deposits, fish and wild -
3 - ORDINANCE NO. 85-002
VOL 62 ROM
life habitats, ecologically or
scientifically notable natural
areas, outstanding scenic
views, wetlands, surface water
bodies, wilderness areas, his-
toric and cultural sites, and
recreation trails and facili-
ties.
(b) A map of the project site, of
a scale not less than one inch
to fifty feet, on which is
shown a detailed layout of all
drilling pads, sumps, equip-
ment, buildings, pipelines,
power lines, and related facil-
ities.
(c) Other specialized maps, plans,
or drawings as may be required
by the Planning Director, in-
cluding but not limited to: a
larger -scale map to show any
of the foregoing information
if details cannot be satisfac-
torily indicated on the small-
er scale map; detailed engin-
eering drawings for any con-
struction at a location on
steep terrain, potentially un-
stable ground, or other geolog-
ically or environmentally sen-
sitive areas; and engineering
drawings of new road construc-
tion or existing road modifi-
cation when such roads are in
rugged terrain, or pass
through or near environmen-
tally sensitive areas.
(3) Emergency contingency plan. A de-
tailed emergency contingency plan
which addresses prevention or con-
trol of fires, blow -outs, pollution
incidents, accidents, injuries, and
adverse weather conditions. This
plan shall describe the following:
(a) How the emergency will or
might affect the applicant's
operations; or endanger person-
nel, public health, safety, or
the environment.
4 - ORDINANCE NO. 85-002
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789
(b) Measures proposed to prevent,
control, mitigate, or minimize
the possible negative effects
of emergency incidents.
(c) Procedures for training and
instructing personnel as to
proper procedures for prevent-
ing, controlling, or minimiz-
ing the impacts of emergency
incidents.
(d) Where and how stand-by emer-
gency control equipment and
services are to be obtained in
the event of an emergency inci-
dent.
(e) Notification list with order
of notification, including
names, telephone numbers and
addresses of the applicant's
responsible officials, and'
those of applicable emergency
service agencies.
(f) Where and how first aid, and
minor and major medical aid,
will be obtained if needed
during work on the project.
(4) For drilling applications, a nar-
rative and diagrammatic description
of the following:
(a) The type and capacity of drill-
ing equipment to be used.
(b) The expected drilling sched-
ule.
(c) The drilling method to be
used; type of circulating
media to be used, e.g., water,
mud, foam, air, or combination
thereof; chemical additives to
be used; circulating media
cooling measures to be em-
ployed; and amounts of reserve
circulating media and water to
be kept on the drill site. If
toxic materials to be used,
protective measures must be ex-
plained in detail.
5 - ORDINANCE NO. 85-002
1 F r VOL 62 FACE 790
(d) The number and type of workers
to be employed during drill-
ing.
(e) The safety provisions and emer-
gency shut -down procedures to
be used for protection of the
public health and environment.
(f) The planned use, source, qual-
ity, and consumption rate for
any outside water supply.
(g) The method and locations for
disposal of wastes.
(h) A description of the intended
site restoration procedures to
be used after completion of
drilling.
(i) When approved by the Planning
Director, applications for
prospect wells, as defined by
ORS 522.005(15), may satisfy
the information requirements
of Section 8.050(A)(1) through
8.050(A)(4) by submission of a
copy of the applicant's pros-
pect well permit application
to the Oregon Department of
Geology & Mineral Industries.
(5) For energy facility applications, a
narrative and diagrammatic descrip-
tion of the following:
(a) The structures, equipment, and
support facilities to be used
in the project, and their man-
ner of operation.
(b) A description of the purpose
and operational characteris-
tics of the major components
in the energy facility, includ-
ing schematic flow diagrams.
(c) An artist's rendering which
illustrates the visual appear-
ance of the facility and its
immediate environs after com-
pletion.
6 - ORDINANCE NO. 85-002
f ' VOL 62 PAGE 791
(d) A time schedule for the in-
stallation and start-up of the
facility.
(e) The number and type of con-
struction and permanent work-
ers to be employed at the
facility.
(f) The safety provisions and emer-
gency shut -down procedures to
be used in the facility for
protection of the public
health and environment, includ-
ing a schedule for testing and
maintaining safety devices.
(g) The planned use, source, qual-
ity, and consumption rate for
any outside water supply.
(h) The method and locations for
disposal of wastes.
(i) A description of facility
monitoring to assure contin-
uing compliance with appli-
cable noise, air, and water
quality standards and regula-
tions, and for other potential-
ly significant environmental
impacts.
(j) A description of the intended
abandonment and site restora-
tion procedures to be used if
and when the facility is per-
manently taken out of opera-
tion.
(B) The siting, drilling, operation, and
abandonment of wells and energy facil-
ities shall comply with the following
standards:
(1) Excluded areas. No activity shall
be permitted in inventoried natural
resource areas, as defined by Oregon
Statewide Planning Goal 5, which the
County has determined to be unsuit-
able for any use other than the in-
ventoried natural resource pursuant
to Geothermal Policy 4(F) of the
Comprehensive Plan.
7 - ORDINANCE NO. 85-002
VOL 62 PAGE 792
(2) Scenic protection. Activities shall
be designed and conducted so as to
be as compatible as practical with
surrounding scenic and visual charac-
teristics. Energy facilities shall
be designed to minimize their visual
profile, and painted or prepared so
as to be non -reflective, and of
colors which blend with, and reduce
contrast with, surrounding landscape
colors.
(3) Fish and wildlife protection. Activ-
ities shall be designed, conducted
and monitored, so as to assure pro-
tection of surrounding fish and wild-
life resources. Activities shall
not encroach upon, nor jeopardize,
habitat areas which are necessary to
sustain local or migratory popula-
tions of fish and wildlife deter-
mined by the County to be signifi-
cant.
(4) Historic and cultural protection.
Activities shall be designed and
conducted so as to avoid disturb-
ance to historic and cultural re-
sources. The applicant shall cease
constuction or operations if such
resources are encountered, and
inform the County wihin 48 hours of
such resources. Thereafter the
applicant shall submit a plan for
preservation and/or interpretation
of such resources before recommenc-
ing construction or operations.
(5) Access roads. Activities shall be
designed and conducted in such a way
as to utilize existing roads as much
as practical. Any permanent roads
to be constructed shall comply with
applicable County road standards.
(6) Signs. All well and facility sites
shall have a sign of not less than
three, nor more than six, square
feet in surface area prominently
erected, which displays the site's
name or identification number; the
operator's name, address, and phone
number; and the name and phone num-
ber of the operator's representa-
8 - ORDINANCE NO. 85-002
' VC 62 PACE 799
tive to be contacted in the event of
an emergency.
(7) Earth work. Drill pads, pipeline
routes, facility sites, and roads
shall be designed and constructed as
follows:
(a) Plans for drill pads, pipe-
lines, facility sites, and
roads shall be prepared by a
registered civil engineer.
(b) Upon commencement of site
work, topsoil shall be removed
and stockpiled for later re-
spreading over disturbed areas
prior to revegetation in ac-
cordance with Subsection 21 of
Section 8.050(B). Except for
large stumps, vegetation re-
moved during initial site work
shall be chipped, stockpiled,
and respread with topsoil.
Stumps shall be buried outside
of fills. Vegetation beyond
the site perimeter shall not
be disturbed; the clearing
limits for the site shall be
specified in plans submitted
to the County. Buffer zones
of undisturbed soil and vegeta-
tion shall be maintained for
500 feet on either side of
stream courses. Roads and
pipelines crossing riparian
areas shall be designed and
constructed at minimum widths
and in consideration of maxi-
mum erosion control.
(c) Fills shall be compacted to a
minimum of 90% relative dens-
ity (ASTM D-1557) so as to
minimize erosion. If signifi-
cant erosion occurs the appli-
cant shall take prompt remed-
ial action.
(d) Fill slopes shall not exceed a
gradient of 2:1. The toes of
all fills shall be stabilized
with rock, or keyed into
stable soil, and placed so as
9 - ORDINANCE NO. 85-002
VOL 62 PAGE 794
to reduce erosion potential to
an absolute minimum. Revege-
tation of fill slopes shall be
carried out in accordance with
Subsection 21. Cut slopes
shall not exceed a gradient of
1-1/2:1. Modification of
these slope gradients may be
made upon written approval of
the Deschutes County Public
Works Director.
(e) Subdrains shall be provided
under all fills where natural
drainage courses and seepage
are evident.
(f) No drill pads, pipelines, fa-
cility sites, or access roads
shall be allowed on potential-
ly active landslides.
(g) Grading and filling shall be
designed so as to channel
storm runoff to existing
natural drainages. Energy
dissipaters and collection
devices to reduce the erosion
force of unnatural runoff
shall be provided.
(h) Sumps shall be designed so as
to withstand both static
loads, and dynamic loads im-
posed by potential seismic
events. Sumps shall be con-
structed of material compacted
to a minimum of 90% relative
density (ASTM D-1557), and
shall be lined with either
clay or an equivalent imperme-
able membrane. Safety fencing
may be required.
(i) Sumps shall be operated in
such a manner as to preclude
overtopping. Three feet of
free board shall be maintained
at all times when sumps are in
use. Upon completion of drill-
ing and testing, sumps shall
be purged of environmentally
10 - ORDINANCE NO. 85-002
VOL 62 FACE 795
harmful chemicals and precipi-
tates, and backfilled immedi-
ately thereafter.
(8) Pipelines. All pipelines shall be
designed and constructed in accord-
ance with applicable state stand-
ards. Pipelines shall be subsur-
face at road crossings, unless it is
demonstated that no significantly
adverse visual impacts will result
from above -ground crossings. In no
case shall pipelines impede vehicu-
lar traffic. Catch basins and drain-
age to acceptable receptacles shall
be installed and continuously main-
tained in order to contain conden-
sate.
(9) Noise. Activities shall be con-
ducted in compliance with Oregon
Department of Environmental Quality
noise standards. Noise from drill-
ing and facility operations shall be
muffled, and times of operation
limited so as not to constitute a
public nuisance as defined by the
Department's standards. The County
may require noise monitoring and
reporting over and above that re-
quired by the Department of Environ-
mental Quality.
(10) Fire protection. Activities shall
be designed and conducted so as to
provide fire protection measures
acceptable to the County, any ad-
jacent land management agency, and
any fire district in which the pro-
ject is located.
(11) Waste disposal. All wastes gener-
ated by a project, including but not
limited to refuse, drilling fluids,
drill cuttings, sand, precipitates,
and other solids, shall be disposed
of in a manner and at a location in
conformance with Oregon Department
of Environmental Quality standards.
(12) Public safety. Activities shall be
designed and conducted such that un -
11 - ORDINANCE NO. 85-002
. , , ' VOL 62 PAGE 796
attended equipment and operational
areas are protected from access by
unauthorized persons.
(13) Air quality. Activities shall be
designed and conducted so as to
comply with the air quality stand-
ards of the Oregon Department of
Environmental Quality. Operational
areas and access roads shall be re-
gularly sprinkled with clean water
to control dust. Except for pros-
pect drilling, as defined by ORS
522.005(15), the County may require
establishment of a meteorological
station and meteorological monitor-
ing at the site.
(14) Water quality. Activities shall be
designed and conducted so as to com-
ply with the water quality stand-
ards of the Oregon Department of
Environmental Quality. The equip-
ment service and fuel transfer
areas, and the area occupied by
drilling rigs, shall drain into
sumps. No fluids of any type shall
be allowed to enter stream courses.
(15) Subsidence and induced seismicity.
Activities shall be designed and
conducted so as to minimize the
potential for land subsidence or
induced seismicity which could re-
sult from the withdrawal and/or in-
jection of geothermal fluids. Ex-
cept for prospect drilling, as de-
fined by ORS 522.005(15), the
County may require submission of a
geological study of such potentials.
Except for prospect drilling, as
defined by ORS 522.005(15), the
County may also require estab-
lishment of a monitoring program to
gauge such impacts during opera-
tions, and if either subsidence or
induced seismicity is determined by
the County to present a significant
hazard, the County may require re-
medial action including, but not
limited to, reduced production
rates, increased injection of waste
or other fluids, or suspension of
production.
12 - ORDINANCE NO. 85-002
VOL 62 PACE
(16) Clean-up. Upon completion of each
phase of a project, the site shall
be promptly cleared of all trash,
refuse, and other waste material.
All drilling equipment shall be
removed from well pads within 60
days of the completion of a well.
(17) Well drilling completion notice.
Applicants shall notify the County
in writing of completed well drill-
ing and testing within 7 days of
said completion. Applicants shall
notify the County in writing of sus-
pended drilling within 7 days of
said suspension, when such suspen-
sion is expected to last longer than
180 days.
(18) Standby wells. Wells which have en-
countered geothermal resources, and
which are awaiting connection to a
pipeline or energy facility, shall
be maintained at a minimum steam
bleeding rate in compliance with
Oregon Department of Geology &
Mineral Industry standards. The
area surrounding the wellhead pads
of standby wells and producing wells
shall be subject to the revegetation
requirements of Subsection (21).
(19) Re-entry of wells. Applicants may
redrill or otherwise reenter the
same well -bore of any well for which
a conditional use permit has already
been issued as long as all
conditions of the use permit con-
tinue to be met.
(20) Site abandonment and restoration.
When a well or facility is perman-
ently abandoned; the applicant shall
remove all equipment, structures,
and other related material within
180 days from the date operations
cease. Thereafter the applicant
shall regrade the area of opera-
tions so as to match original land
contours as closely as practical,
and shall revegetate the area in
accordance with Subsection 21 of
8.050(B).
13 - ORDINANCE NO. 85-002
VOA. 62 FACE 798
(21) Revegetation. Following the comple-
tion of well drilling, or the per-
manent abandonment of a well or fa-
cility, the applicant shall revege-
tate the area of operations as
follows:
(a) Previously stockpiled topsoil
and chipped vegetation shall
be respread over disturbed
areas prior to reseeding.
(b) Disturbed areas shall be re-
seeded with native plants and
grasses. This revegetation
shall commence in the first
fall following completion of
drilling or site abandonment.
Temporary fencing of reseeded
areas may be required to facil-
itate revegetation. The reveg-
etation shall be evaluated by
the County during the first
spring following initial re-
seeding, and if determined to
have resulted in less than a
75% survival rate, additional
revegetation shall be required
in the immediately succeeding
fall season."
Section 10. Adopting findings asset forth in Exhibit A,
attached hereto and by this reference incorporated herein, in
support of the amendments set forth in Sections 1 through 9 of
this Ordinance.
DATED this /� day of V , 1985.
BO OF COUNTY COMMISSIONERS
OFD SCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
14 - ORDINANCE NO. 85-002
LAURENUE A. TUTTLL, ,,�nalrman
U L
LOIS BRISTOW PRANTE, Commissioner
jVt::5;�z1_ A
DICK MAUDLIN, Coiffmissioner
' EXHIBIT "A" VOL 62 PAGE 99
FINDINGS FOR ADOPTION OF
DESCHUTES COUNTY GEOTHERMAL ELEMENT
(References cited are listed in Section 8 of the Element)
1. The present
treatment of
geothermal resources in
the
Comprehensive
Plan predates
the Oregon Land Conservation
and
Development
Commission's
adoption of procedures
for
complying with Statewide Planning Goal 5 (as stipulated in
OAR Chapter 660, Division 16), and will therefore be a
compliance requirement during periodic review. me
Geothermal Element being adopted by Deschutes County is
intended to comply with Division 16; recognizing, however,
that the Element will require periodic amendment to
incorporate new resource information as it becomes available
over time.
2. Presently the County zoning ordinance does not comply with
ORS 215.416 as it applies to geothermal activities. This
statute stipulates that clear and objective standards must
be in place for uses that are treated conditionally, which
is the case for geothermal well drilling and facility
siting. The Geothermal Element being adopted by Deschutes
County is intended to comply with the requirements of ORS
215.416 by providing such standards.
1
• VOL 62 FAGF.800
3. The Pacific Northwest Electric Power Planning & Conservation
Act of 1980 stipulates that local governments shall
participate fully in the preparation and implementation of
the regional power plan (reference Sections 4(g)(2)(c) and
(4)(g)(3) of the Act). The subsequent April, 1983 Northwest
Conservation & Electric Power Plan stipulates that local
governments shall be fully involved in implementation of the
Plan's measures affecting renewable resource development
(reference Policies, p. 2-2, and Resource Options, p. 3-5,
of the Plan). The Geothermal Element being adopted by
Deschutes County represents the County's response to this
regional mandate for local resource planning.
4. The adoption of the Geothermal Element is timely in view of
increased interest in the County's geothermal resources
during recent years. Since the early 1970's the number of
geothermal well permits issued by the state inside the
County has increased markedly, as shown in Tables 3.1 and
3.2 of the Element. This increased interest in local
resources was interpreted by the Oregon Department of
Geology & Mineral Industries in their 1983 statewide summary
of geothermal activity as follows: "Drilling. . .was
chiefly centered on Newberry volcano in the Central High
Cascades. . .For the first time in the history of geothermal
leasing in Oregon, the acreage leased by the U.S. Forest
Service exceeded the acreage leased by the U.S. Bureau of
Land Management. This. . .reflected continued investor
2
I
va 62 FACE 801
confidence in Newberry volcano and the Cascades. . .The
emphasis on the Cascades and on Newberry volcano, which
began in 1981, continued in the drilling activity of 1983.
All of the holes drilled were in these two areas. Newberry
volcano remained the most popular target, but the High
Cascade Range, particularly the area just south of the
silicic South Sister volcano and the area between Mt.
Jefferson and Green Ridge, were also attracting drilling
interest. . .The shift from BLM to USFS leases reflects a
fundamental change in the emphasis of the geothermal
industry in Oregon. Prior to 1980 and 1981, Basin and Range
targets were predominant, but the discovery of high-
temperature resources at Meager Creek in the British
Columbia Cascades, and a similar discovery at Newberry
volcano, demonstrated to explorationists the tremendous
potential of the Cascades. It became apparent from the
results at Newberry that high-temperature reservoirs could
exist in youthful volcanic areas without significant hot
spring activity. This conclusion implied that, even though
most of the High Cascade Range lacks significant hot
springs, large, undetected reservoirs could exist almost
anywhere. This caused a rush to lease Cascade lands,
especially lands next to silicic volcanic centers such as
Crater Lake and the South Sister." (Priest, DOGAMI, 1984)
5. The U. S. Forest Service and the Oregon Energy Facility
Siting Council (EFSC) are in the process of reexamining the
geothermal components of their respective plans and rules.
3
VOL 62 PAGE 802
The U.S. Forest Service has asked the County for countywide
geothermal recommendations as early in 1985 as possible for
consideration in updating of the Deschutes National Forest
Plan; and EFSC has encouraged the County to submit its
Newberry resource area recommendations as soon as possible
for consideration in EFSC's review of the power plant
suitability boundary surrounding the Newberry caldera. The
Geothermal Element being adopted by Deschutes County
represents, in total, a response to the Forest Service; and
a response to EFSC in terms of Policy 10 of the Element as
it relates to the Newberry resource area.
6. In accordance with OAR 660-16-020, the County has gone to
extraordinary lengths to provide opportunities for public
involvement in the preparation and adoption of the Element.
Between December, 1983 and October, 1984 the Planning
Commission conducted eight public workshops and two public
hearings, with the Commission and County staff spending over
120 person -hours working with state and federal agencies,
industry representatives, and individual citizens on the
Element. Informational presentations were made on two
occasions to industry groups, and involvement was encouraged
by first-class notice to all federal geothermal leaseholders
and applicants in the County. To date, a total of 13 news
stories on the Element and the Newberry suitability boundary
have appeared in the Bend Bulletin and Portland Oregonian.
In addition, the Board of Commissioners have conducted five
M
VOL 62 WE 803
public hearings over a four-month period to enable ample
time for final comments on the Element. A detailed
chronology of public involvement during the Element's
preparation and adoption is given in Appendix C of the
Element.
7. The Element has been reviewed by the following agencies
without objections being raised: U.S. Forest Service; U.S.
Bureau of Land Management; and the Oregon Departments of
Energy, Water Resources, Environmental Quality, Land
Conservation & Development, Fish & Wildlife, and Geology &
Mineral Industries. The Element has also been reviewed by
the Planning Department of Lake County, California, where
215 MW of geothermal power is presently on-line, and 600 MW
is under development; Lake County has regulated geothermal
development since 1974. This review found the Element
being adopted by Deschutes County to be: "An accurate
description of the state-of-the-art in. . .geothermal steam
development. . .and well suited to Deschutes County's
geothermal resources." (Dellinger, Lake County Planning
Dept., December 7, 1984)
8. The resource inventory within the Geothermal Element
concludes that there are several significant resource areas
with unconfirmed potential for supporting commercial end -
uses, either for purposes of power generation or direct -
utilization. The inventory, as shown in Figure 2.1 of the
Element, concludes that the County has notable potentials
5
VC,L 62 FADE 804
for high-temperature power generation and low-temperature
heat pump applications, with moderate -temperature direct
utilization potential being uncertain without further
exploration. Given these resource potentials, along with
the increase in local drilling activity, and BPA's intent to
solicit 10 MW of geothermal power in 1985, and the County's
proximity to the California intertie transmission line, the
County finds that the inventoried resources are significant
enough to warrant application of the full Goal 5 process
under OAR 660-16-005 through 660-16-010.
9. In examining conflicting uses pursuant to OAR 660-16-005,
the County finds that the most serious potential conflicts
center on the "industrialization" that accompanies high-
temperature exploration and utilization (construction of
wellpads, pipelines, generating equipment, support
structures, transmission lines and access roads, and
associated operational characteristics); and the
incompatibility of this industrial -type activity in 14 areas
that either possess significant natural values and/or are
used intensively for recreation. The 14 areas are listed
in Policy 10 of the Element, and detailed descriptions of
the conflicts are given in Sections 4 and 5 of the Element.
The County finds that the most serious consequences of such
conflicts would be alteration and/or degradation of the
natural environment from said industrial -type activities,
and resulting adverse economic impacts to the recreational
A
VOL 62 FACE 8®5
sector of the local economy from the diminished tourism that
would follow such environmental changes. These negative
impacts outweigh the potential benefits to be derived from
geothermal development in the conflicting use areas, and
therefore exploration and/or production is to be prohibited
in said areas per Policy 10 as a means of limiting conflicts
in accordance with OAR 660-16-010(3). Exclusion of
geothermal exploration and/or production from said areas
will not unduly impede countywide geothermal development
inasmuch as the excluded areas, comprising approximately
241,000 acres, only represent roughly 26% of the total
inventoried resource of approximately 936,000 acres
countywide. The exclusion of approximately 26% of the
County's presently known resource base is a reasonable
conflict resolution mechanism in locations where natural and
recreational values are most sensitive to alterations caused
by the introduction of industrial -type geothermal
activities. In this way geothermal development may proceed
expeditiously in areas without conflicts, while areas with
unacceptable negative impacts are clearly identified and
avoided.
10. With regard to the 11,000 acre interior of the Newberry
volcano the County finds that exclusion of geothermal
exploration and production in this small portion of the
270,000 acre Newberry resource area is an appropriate
balancing mechanism to limit conflicts between recreational
uses and industrial -type geothermal activities. Within the
7
,
VOL 62 PAGE 866
overall Newberry resource area recreational activities are
most concentrated inside the volcano's caldera; and,
although there is in all likelihood a significant geothermal
resource beneath the caldera, there is nonetheless a
paramount need to prevent the creation of
geothermal/recreational conflicts that would violate the
ecological and recreational integrity of the volcano's
interior. This conflict resolution mechanism leaves
approximately 96$ of the total Newberry resource area
surrounding the caldera available for scientific research
and commercial development.
11. The LaPine Pumice Company owns 157 acres of property
situated in the center of the Newberry caldera between East
and Paulina Lakes. This property represents approximately
1% of the 11,000 acres which lie inside the caldera. The
property is currently designated as Forest in the
Comprehensive Plan and is zoned Open Space. If allowed
through a change to a zone that permits geothermal
development, the owner has proposed to undertake an
exploration program that, if successful, would culminate in
the construction of a 10 megawatt (MW) geothermal power
plant on the property. For purposes of the Goal 5 process
the County finds that this would be an inappropriate use of
the property, and that the exclusionary provision of Policy
10(a) of the Element should apply for the following reasons:
VOL 62 PAGE 807
a. Industrial -type effects of resource exploration and
utilization. The introduction of geothermal
industrial -type activities inside the caldera will
substantially alter the existing recreational character
of the area surrounding such activities. Geothermal
exploration and utilization on the subject property
will involve: land clearance and grading for well
pads, pipelines, and buildings; generation of heavy
truck traffic needed for transporting drilling
equipment, facility materials, and operational
supplies; temporary visual alteration during
intermittent use of drilling equipment for exploration,
and for well maintenance and replacement over time;
permanent visual alteration from the construction of
generation facilities, support structures, and new
power transmission lines; generation of industrial -
grade solid wastes from exploration drilling and
resource production; emission of air pollutants during
exploratory drilling and resource production; and
emission of noise during drilling and facility
operations. Although noises from power plants can be
limited by enclosing plants within structures, drilling
noise cannot be similarly contained. A U.S. Forest
Service assessment of potential noise impacts from
geothermal development in the Newberry area has
concluded that "there are potential impacts resulting
from increased noise levels associated with all of
0
VOL fit PAGE 88
the various phases of geothermal development on
people,. . .recreation use, wildlife, and the oppor-
tunities for solitude on National Forest lands. An
increase in noise level can result from the movement of
trucks and other vehicles, drilling of wells, venting
of steam, and other sources. Well drilling operations
tend to be a principal source of noise. The operation
of internal combustion engines, the racking of drill
pipe, venting of compressed air, and steam venting can
all cause excessive noise levels. This poses a health
and safety hazard. . .and is objectionable to visitors
to the area. There are areas adjacent to the Forest
boundary, or adjacent to high -use recreation sites,
where the noise levels would be a serious
problem. . .Periodic noises due to well venting and
drilling reach levels similar to the noise level of a
jet aircraft takeoff. . .These noises may be continuous
for three to six days. Well blowouts . . .if they
occur, noise level may stay high for the length of time
necessary to bring the well under control; this may be
days, weeks, or even months. . .The engines operating
compressors have a deep resonant sound that carries a
considerable distance, especially at night. Drilling
continues on a 24-hour a day basis during this period."
(Fort Rock Ranger District, Deschutes National
Forest, April, 1981)
10
VOL 62 FACE 809
t M
b. Preservation of the ecological integrity of the caldera.
The subject property is an integral part of the
ecosystem that exists inside the caldera, including
plant and animal communities, and related natural
resources that do not recognize the limits of
property lines. This ecological integrity would be
violated by the introduction of geothermal industrial -
type activities inside the caldera, by disrupting
and/or degrading the area's natural qualities with the
noise, traffic, visual alterations, and potential
emissions that are described above and detailed in
Sections 4 and 5 of the Element. Of particular concern
in this regard are the following features of the
caldera: 1) protection of air quality, which would be
jeopardized by pollutant emissions during drilling and
resource production, such as the release of hydrogen
sulfide gas which occurred at the USGS well
approximately one-half mile south of the subject
property; 2) protection of wildlife from noise and
habitat degradation, including a nesting site for a
pair of federally -protected bald eagles located
approximately one-half mile north of the subject
property on the shorline of East Lake; and
3) protection of rare plants from habitat degradation,
such as the Pumice Grape Fern (Botrychium Pumicola)
which is known to occur in Oregon only at Newberry
Meadow (approximately one-half mile from the subject
11
VOL fit PACE 810
property), Broken Top Mountain and Crater Lake, and
which has been recommended to the Forest Service for
protection as an endangered plant (Garrett, December
28, 1984).
C. Geothermal industrial -type activities are incompatible
with surrounding intensive recreation. The Newberry
caldera is one of the County's most heavily -used
recreation areas. Within a 3 mile radius of the
subject parcel there are: 8 public campgrounds with
318 campground units and associated picnic facilities;
1 picnic area outside the campgrounds; 3 boat ramps; 2
private resorts; 6 private vacation residences;
approximately 100 miles of trails used for hiking,
horseback riding, snowmobiling, and cross-country
skiing; and 2 scenic observation points (Ft. Rock
Ranger District, Deschutes National Forest, 1983). The
tourist visitation in the caldera is summarized below
on an average annual basis for the years 1979 through
1983 (Mohla, Deschutes National Forest, January 9,
1985):
12
Activities Inside the Caldera
Camping
Organization
Picnicking
Resorts
Recreation residence
Cross-country skiing
Nature study - education
Walking
Viewing interpretive & scenery
Auto & motorized travel
Snowmobiling
Hiking and walking
Bicycling
Horseback riding
Boating
Fishing
Misc. games
Total
VOL 62 ?AGE 811
Average Annual
Visitor Days
94,700
300
3,400
22,100
1,400
2,100
3,300
9,400
5,500
9,000
14,600
5,800
400
3,400
41,100
82,000
2,500
300,000
The County finds that introduction of the industrial -
type geothermal activities described above would
constitute a serious degradation of the natural values
that currently underpin these predominant recreational
uses within the caldera. In reaching this conclusion
the County has also taken note of the adverse
circumstances that exist with geothermal power plants
in Lake County, Oregon (Cannon, Lake County Planning
Dept., December 14 and 28, 1984), and the experience at
the California Geysers vis-a-vis recreation
incompatibilities (Dellinger, Lake County Planning
Dept., December 27, 1984).
d. Subject property size is below industry norm. Aside
from conflicts with surrounding recreational uses,
geothermal development on a parcel as small as the
13
VOL 62 PAGE 812
subject property would be significantly contrary to
industry norms, where power generation projects are
normally supplied from well fields covering several
hundred, if not thousands, of acres. This is
illustrated by Table 3.3 in the Element, showing the
average size of approved federal geothermal leases in
Deschutes County to be 6,132 acres. Because of its
extremely small size, the 157 acre subject parcel would
obviously require an unorthodox concentration of
facilities not found in typical geothermal power
projects. Moreover, despite the ability to visually
screen some activities inside the parcel's pumice cone,
its extremely small size would impede the establishment
of natural buffers on the property's periphery to limit
off-site impacts, as in the case of noise.
e. Potential adverse economic impacts. The County finds
that the potential economic benefits that may accrue
from a 10 MW power plant on the subject property are
too small in comparison to the existing economic
benefits from tourism in the caldera, to justify
jeopardizing the ecosystem that presently supports
recreation in the caldera. A 10 MW facility would
create no more than 5 permanent jobs (FERC, 1981) which
would represent a total annual payroll of no more than
$250,000. Alternatively, the average annual
recreational use of 300,000 visitor days in the caldera
14
I , VOL 62 PAGE 811
can be equated to approximately $12 million annually in
the form of wages, salaries, and rental income spent by
visitors on equipment, supplies, lodging and other
services. The amount of work generated by this level
of tourism is approximately 550 jobs in 107 of the 120
sectors of the local economy (Mohla, Deschutes National
Forest, January 9, 1985). After allowing for indirect
employment effects by doubling the power plant jobs and
payroll, the local economy would still suffer a net
loss, if caldera tourism were to fall by only 10% as a
result of geothermal industrialization in the area.
f. Protection of caldera hydrology. Within a 2-1/2 mile
radius of the subject property there are 22 groundwater
wells supplying over 3 million gallons annually for
recreational visitors to the caldera. This groundwater
system is related to the caldera's surface water
resources, including two lakes, springs, and several
creeks. The County finds that the potential for
hydrological impacts from geothermal activities on the
subject property represents an unjustified risk to
current hydrological qualities in the caldera. In
reaching this conclusion the County has also taken note
of the adverse hydrological circumstances that may
exist_ with the 2 MW geothermal power plant near
Lakeview, Oregon (Gannett, Oregon Water Resources
Dept., December 27, 1984; and Cannon, Lake County
Planning Dept., December 14, 1984).
15
VOL 62 FADE 814
g. Power transmission line improvement. If the subject
property is to be developed for power generation it
will be necessary to enlarge the existing power
transmission line serving the caldera. Assuming 1OMW
of output, this would require line capacity on the
order of 30 kilovolts, which will necessitate
installation of new lines on the poles in the existing
utility right-of-way. The County finds that this type
of construction activity and permanent enlargement of a
highly visible utility facility are contrary to the
preservation of natural aesthetic values inside the
caldera, and illustrative of the type of negative off-
site impacts that would accrue to other portions of the
caldera from geothermal development on the subject
property.
h. Year-round access. If geothermal power generation were
to be developed on the -subject property, such a use
would create a need for year-round vehicular access
inside the caldera, which is presently not available
from the responsible land management or transportation
agencies. Moreover, the introduction of vehicles
inside the caldera during winter months would
significantly alter the area's present winter
recreation values.
16
VOL 82 FACE 815
i. Promotion of tourism contrary to geothermal industry
practice. The subject property owner has asserted that
tourism will be increased by location of a geothermal
power plant inside the caldera, and that such
visitation will be encouraged on the subject property
if geothermal development is allowed. The County finds
that this is contrary to general industry practice,
which discourages visitation by the general public at
facility sites for purposes of safety and operating
efficiency. (Dellinger, Lake County Planning Dept.,
December 27, 1984)
j. Proposal contrary to Deschutes Comprehensive Plan poli-
cies. The proposal to develop geothermal resources on
the subject property is contrary to the following
Comprehensive Plan policies: No. 15, Rural
Development, which states that "construction on open
lands shall be in a manner least intrusive to the
aesthetic and natural character of those lands and
neighboring lands;" No. 4, Economy, which states that
"consistent with policies in the Recreation and Open
Space chapters, cooperation with federal and state
agencies shall be sought by the County in preserving
and developing, as appropriate, scenic and recreational
resources;" and No. 6, Open Spaces, which states that
"because management of state and federal lands affects
areas under the County's jurisdiction and vice versa,
better coordination of land -use planning between the
17
VOL 62 PAGE 816
County, U.S. Forest Service,. . .and other agencies
shall be sought." The County finds that the proposal
is contrary to Rural Development Policy 15 because it
would be extremely intrusive to the aesthetic and
natural character of the caldera as detailed above;
that it would be contrary to Economy Policy 4 because
of the negative economic impacts resulting from scenic
and recreational degradation detailed above; and that
it would be contrary to Open Space Policy 6 because
industrialization of a small parcel completely
surrounded by federal recreation lands would be clearly
inconsistent with the objectives of coordinated land -
use planning.
k. Proposal contrary to objectives of wildlife refuge
agreement. The County finds that the proposed use of
the subject property is contrary to the intent of the
August 1, 1979 agreement between the Oregon Department
of Fish & Wildlife and the Deschutes National Forest
establishing a wildlife refuge in the caldera, in view
of the agreement's purpose of "protecting all wildlife
species for added enjoyment of the public" (Mathisen,
Dept. of Fish & Wildlife). As indicated previously,
the introduction of industrial -type activities in the
caldera would be adverse to existing wildlife
conditions, and therefore, contrary to the principles
of a refuge (Mohla, Deschutes National Forest,
January 9, 1985) .
M
VOL 62 PAGE 817
1. Proposal contrary to U.S. Forest Service policy. The
County finds that the proposed use of the subject
property is contrary to existing U.S. Forest Service
policy as contained in the Deschutes National Forest
Land and Resource Management Plan. Under this Plan the
central interior of the caldera has been designated as
Intensive Recreation and Undeveloped Recreation areas,
and has been excluded from the federal geothermal
leasing program. The Deschutes National Forest
Supervisor has indicated that these management policies
are likely to remain in the Forest's 1985 update of its
Plan (Mohla, Deschutes National Forest, November 21,
1984), and that it views the proposal unfavorably in
light of its adverse impacts (Mohla, January 9, 1985).
M. Proposal contrary to U.S. Park Service policy. The
County finds that the proposed use of the subject
property is contrary to the U.S. Park Service's 1975
designation of Newberry volcano as a National Natural
Landmark under the Historic Sites Act of 1935, in that
such designation is intended to "encourage the
preservation of significant areas." The National Park
Service has provided this information to the County "to
ensure that nationally significant features are
considered in planning decisions, and not inadvertantly
damaged or destroyed through lack of knowledge of their
existence or significance" (Atkins, National Park
19
T VOL 62 FACE 818
Service, December 19, 1984). The County finds that the
Park Service's criteria of national significance is
based largely on an area's natural integrity, making
continued integrity essential to preservation of
landmark values. Natural landmarks should be managed
in such a way as to pose no threat to the perpetuation
of the designated features, and industrial -type
activities in the vicinity of these features would
clearly violate the integrity of the natural values
represented by the landmark.
n. Proposal 'contrary to Oregon Legislative policy. The
County finds that the proposed use of the subject
property is contrary to House Joint Resolution 31
enacted by the 1975 Oregon Legislature, in that the
subject property is within an area declared by the
Resolution to be unsuitable for power plants because
"preservation of the recreation, scenic and historic
areas of Newberry crater. . .is of vital importance to
the people of the state of Oregon." Introduction of
industrial -type geothermal activities into the caldera
would violate such preservation efforts.
o. Proposal contrary to Oregon Energy Facility Siting
Council Rules. The County finds that the proposed use
of the subject property would be inconsistent with OAR
345-40-030 which establishes the [Dewberry caldera area
as unsuitable for geothermal power plants. Although
20
- va 62 PAcF 819
EFSC's rule technically applies only to power plants
greater than 25 MW in capacity, the siting of a 10 MW
plant in the caldera would clearly be inconsistent with
the overall purpose of EFSC's rule, which is to protect
environmentally -sensitive areas from the industriali-
zation that accompanies high-temperature geothermal
development.
P. Proposal contrary to Bonneville Power Administration
environmental policies. The County finds that the
proposed use of the subject property is contrary to the
Bonneville Power Administration's environmental
policies as follows: Section 917.4(d) of the BPA
Environmental Manual, which states that "adverse
effects include any action resulting in the reduction
or deterioration of the environmental and cultural
values for which an area has been designated. Values
of such areas include but are not limited to:
1) cultural, scenic, historical, ecological, air and
atmospheric, water, or archeological resources; 2)
provide for fish and wildlife food and habitat, outdoor
recreation, and human occupancy and use." Section
917.6 further states that "if a practicable alternative
to the proposed
action
and any of
its associated
adverse effects
exists,
it shall
be preferred"
(emphasis added).
Adverse
effects are
further defined
by Section 917.7 as "any action which could alter or
21
• VOL 62 PhcF 820
destroy the values of these areas. . .which include but
are not limited to. . .introduction of visual,
auditory, or other intrusions which would be
incompatible with the environmental or cultural values
for which the area was established" (BPA, November 1,
1981). The County finds that the proposed use of the
subject property would create adverse effects as
defined by BPA, and more importantly per Section 917.7,
that there are ample alternative locations for the
proposed power plant in the 259,000 acres of the
Newberry resource area that are not being excluded from
exploratiori and production.
q. Proposal contrary to Oregon Land Conservation & Develo
ment Commission rule. Based on the foregoing
inconsistencies with federal and state policies and
plans, the County finds that the proposal is contrary
to Oregon Statewide Planning Goal 2, as contained in
OAR 660-15-000(2), which states that "County, state,
and federal agency. . .plans and actions related to
land -use shall be consistent." Clearly, a County
decision to permit geothermal exploration and/or
production on the subject property would be
inconsistent with the plans and policies of the U.S.
Forest Service, U.S. Park Service, Oregon Legislature,
Oregon Dept. of Fish & Wildlife, Oregon Energy Facility
Siting Council, and the Bonneville Power
Administration.
22
• VOL 62 rw 821
r. Proposal contrary to Bonneville Power Administration
geothermal solicitation criteria. The only purchaser
of power from the proposed plant identified to date by
the property owner is BPA. However, selection of the
subject property for a BPA project is not only contrary
to the BPA environmental policies cited above, but also
contrary to the BPA solicitation scheduled for May,
1985, in that BPA will require candidate sites to "have
an initial capacity of 10 MW and be capable of
expansion to at least 100 MW" (emphasis added) (Fuqua,
BPA, November 16, 1984). The subject property is
therefore not an eligible candidate under the BPA
solicitation because EFSC will not issue a site
certificate for plants larger than 25 MW in capacity
inside the caldera. Moreover, given typical high-
temperature well spacing requirements of 30-40 acres
per well and a liberal assumption of 10 MW of steam
production per well, the subject property is
substantially inadequate in size to reasonably
accommodate an ultimate wellhead capacity of 100 MW.
In the absence of BPA eligibility, the County is
unaware of any purchaser of output from a plant on
the subject property.
12. The Geothermal Element being adopted complies with the
applicable Statewide Planning Goals as follows:
23
• , r.. VOL 62 FACE 822
a. Goal 1, Citizen Involvement. Adequate opportunities
for citizens to be involved in all phases of the
preparation and adoption of the Geothermal Element have
been provided as described above in Paragraph 6, and as
detailed in Appendix C of the Element.
b. Goal 2, Land -Use Planning. The Geothermal Element is
based upon the facts and analysis contained in Sections
1 through 7 of the Element, including identification of
issues and problems, an inventory of the resource,
evaluation of alternative courses of action, and
ultimate policy choices. Preparation and adoption of
the Element has been coordinated with all affected
agencies as indicated above in Paragraph 7, and as
detailed in Appendix C of the Element.
C. Goal 3, Agricultural Lands. The Element preserves and
maintains agricultural lands by adherence to the
permitted uses in exclusive farm use zones as
stipulated by ORS 215.213.
d. Goal 4, Forest Lands. The Element conserves forest
lands for forest uses by identifying conflicting uses,
and limiting such conflicts through exclusion of
geothermal exploration and/or production in the
specific areas listed in Policy 10 of the Element.
24
r
e.
f.
9Z
VOL 62 fat,F 823
Goal 5, Open Spaces, Scenic and Historic Areas, and
Natural Resources. The Element conserves open space
and protects natural and scenic resources through
compliance with OAR Chapter 660, Division 16. Goal 5
compliance is discussed in detail in Paragraphs 6
through 10 above, and Sections 1 through 7 of the
Element.
Goal 6, Air, Water, and Land Resources Quality. The
Element seeks to maintain and improve the quality of
the air, water, and land resources of the County
through geothermal development standards that do not
permit development to violate, or threaten to violate,
applicable state and federal environmental quality
statutes and standards. The pertinent policies and
standards are contained in Section 7 of the Element.
Goal 8, Recreational Needs. The Element seeks to
satisfy the recreational needs of the County's citizens
and visitors by identifying those recreational areas
where conflicts will occur with geothermal development,
and by providing policies and standards for limiting
such conflicts. The pertinent policies and standards
are contained in Section 7 of the Element.
25
I
VOL 62 .- ` $24
h. Goal 9, Economy. The Element seeks to diversify and
improve the local economy by generally supporting
geothermal development. This support is specifically
expressed in Policies 5 through 9 in Section 7 of the
Element.
i. Goal 11, Public Facilities and Services. The Element
supports a timely, orderly, and efficient arrangement
of public facilities and services in resource areas
through Policies 13 and 14 of the Element, and
conditional use standards contained in Section 7 of the
Element.
26