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HomeMy WebLinkAbout2021-08-20 W. Groves - Response to C. Macbeth 21 Chenelle Hale From:William Groves Sent:Friday, August 20, 2021 8:24 PM To:Carol Macbeth Cc:Peter Gutowsky; Nick Lelack; Adam Smith; ben@colw.org; rory@colw.org; Paul Dewey Subject:RE: FW: TAKE ACTION: Where is the water? It was promised for fish and wildlife. Carol, Thanks for the quick reply. I hadn’t done a remand in a while and forgot about the participation limitation in Title 22. Certainly this would be at your discretion, but if you concur that Title 22 does limit participation, please consider sending out a corrected email. Apologies for the late Friday email. I hope you have a great vacation. Thanks, Will Will Groves | Senior Planner | CFM Deschutes County Community Development 117 NW Lafayette Ave | Bend, Oregon 97708 Tel: (541) 388-6518 | Mail: PO Box 6005, Bend, OR 97708 Let us know how we’re doing: Customer Feedback Survey Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Carol Macbeth <carol@colw.org> Sent: Friday, August 20, 2021 7:35 PM To: William Groves <William.Groves@deschutes.org> Cc: Peter Gutowsky <Peter.Gutowsky@deschutes.org>; Nick Lelack <Nick.Lelack@deschutes.org>; Adam Smith <Adam.Smith@deschutes.org>; ben@colw.org; rory@colw.org; Paul Dewey <paul@colw.org> Subject: Re: FW: TAKE ACTION: Where is the water? It was promised for fish and wildlife. [EXTERNAL EMAIL] Hi Will, Thanks for your email. We looked at the attached Agenda, "Hearings Officer Heariing -Land Use- August 24, 2021 6:00 PM, Tuesday, August 24, 2021.. File Numbers 247-21-000731-A, 18-386-TP, 18-454-SP, 18-542-MA, LUBA No. 2018-140, Court of Appeals A171603" which states: 2 "Members of the public may listen, view, and/or participate in this meeting using Zoom." and: "Written comments can also be provided for the public comment section to willg@deschutes.org by 6pm on August 24. They will be entered into the record." One version of the Agenda also provided the following: "If you wish to provide testimony during the public hearing, please contact the staff planner by 5 pm on August 23, 2021. Testimony can be provided as described below." The attached Agenda states that the public can participate in the meeting, that written comments can be provided for the public comment section by sending them to your email, and that those written comments for the public comment section will be entered into the record. We sent this information along to our members. Best, Carol Le ven. 20 août 2021 à 18:02, William Groves <William.Groves@deschutes.org> a écrit : Carol, I was forwarded the attached email. I’m concerned that it will encourage people to attempt to participate who are not entitled to participate under DCC 22.34.030(A), quoted below, both in writing and at the public hearing. If you believe that state law demands open participation, please let me know ASAP. If not, I would like to respectfully request that you consider re-contacting your email list ASAP to manage participation expectations. Thank you, Will 3 Chapter 22.34. PROCEEDINGS ON REMAND 22.34.010. Purpose. 22.34.020. Hearings Body. 22.34.030. Notice and hearings requirements. 22.34.040. Scope of proceeding. 22.34.050. Effect of reversal. 22.34.010. Purpose. DCC 22.34 shall govern the procedures to be followed where a decision of the County has been remanded by LUBA or the appellate courts or a decision has been withdrawn by the County following an appeal to LUBA. (Ord. 95-045 §§39 and 40, 1995) 22.34.020. Hearings Body. The Hearings Body for a remanded or withdrawn decision shall be the Hearings Body from which the appeal to LUBA was taken, except that in voluntary or stipulated remands, the Board may decide that it will hear the case on remand. If the remand is to the Hearings Officer, the Hearings Officer's decision may be appealed under DCC Title 22 to the Board, subject to the limitations set forth herein. (Ord. 96-071 §1H, 1996; Ord. 95-045 §§39 and 41, 1995) 22.34.030. Notice and Hearings Requirements. A. The County shall conduct a hearing on any remanded or withdrawn decision, the scope of which shall be determined in accordance with the applicable provisions of DCC 22.34 and state law. Unless state law requires otherwise, only those persons who were parties to the proceedings before the County shall be entitled to notice and be entitled to participate in any hearing on remand. 4 Will Groves | Senior Planner | CFM Deschutes County Community Development 117 NW Lafayette Ave | Bend, Oregon 97708 Tel: (541) 388-6518 | Mail: PO Box 6005, Bend, OR 97708 Let us know how we’re doing: Customer Feedback Survey Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. [EXTERNAL EMAIL] 5 Lower Whychus Creek Canyon where the creek meets the Deschutes River. Photo: U.S. Forest Service Wild trout in Whychus Creek need cold, clear water Action Alert: Help protect local springs and streams! 6 Thornburgh Resort, a proposed destination resort between Bend and Redmond, should not be allowed to move forward until it can prove it has the mitigation water to offset the effects of its enormous groundwater withdrawals on fish and wildlife. Learn more about Thornburgh Resort in the news. It has been established that the resort's consumptive use of groundwater will have adverse effects on surrounding springs and creeks. We’ve already seen our fish and wildlife stressed from record-breaking heatwaves and a water supply stretched thin. 7 By law, the resort is required to fully mitigate for all impacts on fish and wildlife from the resort, including the impacts on Whychus Creek. The resort initially obtained County approval by stating it would get its fish and wildlife mitigation water from certain cold-water sources. Now that the County is considering allowing the start of resort construction, it turns out the cold, clear water Thornburgh Resort promised for fish and wildlife may no longer be available. The resort says it has the migitation water, but it's part of a "secret" agreement that the resort won't show anyone. The resort's representations about the current availability of mitigation water are not reliable. For years, Deschutes County has allowed the resort to delay showing it can make good on its promises of mitigation water. 8 Raise your voice to the Deschutes County Board of Commissioners and tell them, "Enough is Enough!" Deschutes County should require the resort to either demonstrate publicly that the resort has the mitigation water that the original approval is based on, or go back to the drawing board. The public has a right to see that any effects on fish and wildlife will be fully mitigated for in Whychus Creek and the Deschutes River. Take Action! Our land use system relies on public participation, so please get involved. We are calling on our supporters to take action before next Tuesday’s hearing. We need to let Deschutes County know that the public is concerned about 9 water use in our region. Anyone can participate in the upcoming hearing and submit remarks, either in-person, through Zoom, or via mail/email. When: Tuesday, August 24 at 6:00 p.m. How to participate: Find the meeting agenda and details here. 1. Join via Zoom (click here for the link) 2. Call in via telephone. Dial 312-626-6799. When prompted, enter the Webinar ID: 848 6623 0051 and password: 041680 3. Show up in person at the Deschutes County Building, 1300 NW Wall St. The hearing will take place in the Barnes Sawyer Room. Submit written remarks: Anyone can submit a written comment that will go on the case record before 6:00 p.m. Tuesday, August 24. In written comments, be sure and reference “August 24th Remand Hearing for LUBA No, 2018-140. 1. Email comments to Senior Planner William Groves at william.groves@deschutes.org. 10 Email comments to Senior Planner William Groves 2. Drop off written comments in person. The County accepts all printed documents, dropped off at 1300 NW Wall Street. 3. Mail-in written comments to: Deschutes County Community Development Planning Division Anthony Raguine P.O. Box 6005 Bend, OR 97708-6005 Comment in person: If you wish to speak during Tuesday's public hearing, either over Zoom or at the County offices, please notify William Groves, Senior Planner, of your plans to comment by 5 pm on Monday, August 23, 2021. He can be notified at 541-388-6518 or William.Groves@deschutes.org. 11 Suggested Talking Points 1. Thornburgh Resort proposes to use millions of gallons of water every day at a maximum daily rate. 2. I am concerned about the effects of Thornburgh Resort's extensive water usage. The proposed plan will withdraw millions of gallons of water from the underlying aquifer, negatively affecting Whychus Creek. 3. I am worried about the effect of such large water withdrawals on fish and wildlife. For instance, species of trout and Steelhead are already struggling to survive due to current water shortages. Lower water flows mean that streams and waterways quickly heat up to lethal levels for fish, and there is reduced access to spawning grounds. Removing more water from streams and rivers will threaten native species across Central Oregon. 4. Deschutes County Code requires destination resorts to prove that "any negative impact on fish and wildlife resources will be completely mitigated so that there is no net loss or net degradation of the resource." DCC 18.113.070(D). There is little doubt that removing immense amounts of water from the Deschutes River, Whychus Creek, and the aquifer will hurt fish and wildlife water resources. 5. The Thornburgh Resort reached an agreement over water use with the Oregon Department of Fish and Wildlife (ODFW) in 2008. The resort claimed it would rely on certain cold water sources. It appears that those water sources may no longer be available. To protect fish and wildlife, the 12 County requires the resort to either: 1) demonstrate that the terms of the original fish and wildlife mitigation plan are still in place, or 2) if the water sources have changed, the County must require the resort to reach a new agreement with ODFW to show that any negative impact on fish and wildlife resources from the new water sources will be completed mitigated. 6. I am opposed to Deschutes County allowing any further development of Thornburgh Resort until the resort demonstrates it complies with the county code requirements for full mitigation of the effects on fish and wildlife. 7. If the water sources have changed, the public should have the right to participate in the process of reaching a new agreement with ODFW to ensure full mitigation of the effects on fish and wildlife. Happy to help. If you are interested in commenting on this issue but would like some guidance, let us know. We are here to help you navigate the process. Email us and we'll answer any questions you might have. 13 Copyright © 2021 Central Oregon LandWatch, All rights reserved. You are receiving this email because of your interest in Central Oregon LandWatch's work. Our mailing address is: Central Oregon LandWatch 2843 NW Lolo Dr. Suite 200 Bend, OR 97703 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. 14 -- Carol Macbeth Staff Attorney Central Oregon LandWatch