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HomeMy WebLinkAbout2021-08-22 C. Macbeth - COLW Comments1 Chenelle Hale From:Carol Macbeth <carol@colw.org> Sent:Sunday, August 22, 2021 7:39 PM To:William Groves Subject:comments August 24th hearing Attachments:COLW comments August 24.pdf; Exhibit 1 Agenda.pdf [EXTERNAL EMAIL] Hi Will, Please find attached LandWatch's comments for the August 24th hearing. Please forward to the Hearings Officer and confirm receipt. Best, Carol -- Carol Macbeth Staff Attorney Central Oregon LandWatch Protecting Central Oregon’s Natural Environment And Working For Sustainable Communities 2 The past finding of compliance with DCC 18.113.070(D) depends on scientific analyses of Thornburgh's originally declared water sources, Central Oregon Irrigation District and Big Falls Ranch. As LUBA noted in its decision, the agreement considered "the quality of those sources, including water temperature, and impacts on downstream fish habitat." If as it appears the mitigation water sources have changed, the abandonment of the originally promised water sources means the Final Master Plan (FMP) was based on a false premise. No alternative source of mitigation water has been specifically identified, nor has one been approved as adequate by ODFW. The resort must submit a new, or modified, application to ensure that if the mitigation water is not from Central Oregon Irrigation District and Big Falls Ranch as promised, the new sources of mitigation water will provide “the same quantity and quality mitigation” as the sources promised in the original agreement. We urge the Hearings Officer to verify that the mitigation water from Thornburgh will actually result in the provision of cold, clear water for fish in Whychus Creek. The mitigation water must be real, not "paper" water in the form of water rights that are not actually in use. Only real water will have an impact on stream flows. Deschutes County's Agenda for the August 24th, 6:00 PM hearing (Exh. 1) invites public comment and participation. The Agenda provides instructions on how the public may attend the hearing, and states that the public's comments will be entered into the record: "Members of the public may listen, view, and/or participate in this meeting using Zoom." **** Protecting Central Oregon’s Natural Environment And Working For Sustainable Communities 3 "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." DCC 22.34.030, a County code provision governing notice and hearing requirements, does not affect the County's decision to open this hearing to the public.1 DCC 22.34.030 explains who is entitled to participate in a public hearing on remand. It does not prevent the County from opening a remand hearing to the public, as the County did here. The County provided the public with instructions on how to participate in the August 24th hearing, and promised that all public comments will be entered into the record. Exh. 1. We request the Hearings Officer to ensure all public comments are placed before the Hearings Officer and into the record, as provided in the attached Agenda. Sincerely, /s/ Carol Macbeth Carol Macbeth Staff Attorney Central Oregon LandWatch 1 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.