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1989-19650-Minutes for Meeting May 18,1989 Recorded 8/7/1989OOS6 0753 89-19650 DESCHUTES COUNTY BOARD OF COMMISSIONERS SURFACE MINING HEARING MINUTES E, 7 . Thursday, May 18, 1989 6:00 PM ' Administration Building Conference Roo` Vj " L d{" Chair Lois Prante called the meeting to order at 6:15 PM. Commissioners Tom Throop and Dick Maudlin were also present. Others present were: Karen Green, Legal Counsel, Craig Smith, Planning Director, Chuck McGraw, planning staff, Sue Stoneman, recorder. There were 75 to 90 members of the public in attendance. Public Hearing on the Varco and Livesay Proposed Surface Mining Sites Chair Prante read aloud the purpose and procedures of the hearings. Commission Throop explained the legal requirement and court decision that made this hearings process necessary. Chair Prante called for prehearing contacts, declarations of conflict, or challenges to the Board. There were none. Chuck McGraw presented the staff report on the Livesay Road site. The site, owned by Deschutes County, contains approximately two million yards of aggregate resource. Staff had identified three conflicting Goal 5 resources (land needed and desireable for open space, fish and wildlife areas and habitat, and outstanding scenic views and sites). The site is within the Tumalo Winter Deer range, and receives a high level of use by deer and medium use by sensitive raptors. Staff further identified site specific conflicting uses of rural residences in the area and an adjoining 105-acre wildlife rehabilitation center. Based on the ESEE analysis, weighing the conflict uses against the value of the resource and taking into consideration that use of the site will save the public $.20 per cubic yard in haul costs, staff had recommended protection of the resource while mitigating impacts on the conflicting uses. Mitigation would occur through imposing conditions on the mining activities which he read from the staff report. Staff had recommended that processing be allowed on site. Chuck McGraw then gave the staff report on the Varco Road site. This is site 341 on the inventory, described as township 16, range 10, section 2, taxlot 106. The taxlot comprises 174 acres, but only 95 acres have been requested to receive SM zoning. That 95 acre site is leased by Young and Morgan Timber Company. Conflicting Goal 5 uses at this site are the same as those on the Livesay Road site. Site specific identified conflicting uses were also the same as those at the Livesay site, although the wildlife rehabilitation center does not share a common border with the site. Staff had made the same recommendations as on the Livesay site. The U G PC 989 ®OS a 0 754 recommendations from the Planning Commission were incorporated in both these staff recommendations. There was some discussion about noise sensitive areas and quiet zones and the conflicting information contained in the staff report with regard to the estimated amount of resource on this site. Staff explained that the conflict is due to the reduced size of the site, and the accurate estimate is one million cubic yards. Dave Hoerning, County Engineer, came forward to explain what the schedule is for road improvements in that area. Both of these roads are scheduled to be brought to county paved road standards. He had received a call on June 14, 1988, from a representative of the Ponderosa Cascade Homeowners Association requesting that Varco Road be placed on the capital improvements program. Mr. Hoerning showed the location of the proposed road improvements on a map. The road will be constructed to county standards using an 09 oil mat. Brent Lake, field representative for the Department of Land Conservation and Development, came forward to deliver advisory testimony. He explained that there had been some confusion generated by a letter they had sent to Mr. Brice on the SMR zone. It is their position that the SMR zone doesn't meet Goal 5 as presently drafted in the plan, which is why this case was remanded to Deschutes County. Their position is based on their belief that the SMR zone creates a false sense of security for the miner, who believes he will be permitted to eventually mine the site; and the neighbors, who believe the reserve sites won't be mined in the near future. LCDC is now working on some proposed language for the ordinance and hopes to submit it to the county soon. Chair Prante called for proponent's testimony. Bob Lovlien came forward. He stated that he was appearing on behalf of Dave Jaqua who could not attend. Mr. Jaqua is the applicant's attorney. The applicant, the Young and Morgan Timber Company, leases the land from the Newell Baker estate. He estimated the 95-acre leased site contained one million cubic yards of aggregate. He reiterated the Planning Commission's decision and conditions of approval, and stated that their client found those conditions acceptable. He urged the Board to adopt the recommendation of the Planning Commission subject to the conditions set forth in the staff report. Hearing no further testimony from proponents of the Varco Road site, Chair Prante called for testimony from proponents of the Livesay Road site. Larry Rice, Deschutes County Director of Public Works, came forward. He showed the site's location on a map. He read his written testimony into the record. He outlined the economic need for the resource and the potential savings to the taxpayers of the 2 00A 0755 county. The improvements proposed for the site were described. A pond will be built on the site which will be used as a source of water for dust control, but they will improve the area with access for recreational use. A map indicating the location of the site in relation to the road network that it served was presented, showing the site to be located in the center of this road network. He' stated there will be no question of water quality impact or any major impacts on the topography of the area. Two other maps were submitted to the record, showing the location of the conflicting residential uses in relation to the site. He also submitted a computer printout listing the roads that are in the county road service area. He introduced Mark Herbert, a consulting geotechnical engineer with Century West Engineering. In October, 1988, they contracted with the county to evaluate the site as to its suitability as a resource. They determined the quantity and quality of the rock and submitted their report in January, 1989. That report is now in the record. He summarized the report, noting that they estimate 2,000,000 cubic feet of crushable rock on the site which meets state specifications. The county will be drilling a well on the site. The crusher will be as far to the west of the parcel as possible toward Forest Service property and 2800 feet from the nearest house. The crusher area will be surrounded by berms on three sides. They had taken noise readings from the R.L. Coats site, which has two crushers, and found that the noise readings were from 42 to 45 decibels 1600 feet from the site. Based on this comparison, he estimates they will be able to maintain the DEQ quiet zone standard. They found an ambient noise level of 32 decibels at the site. He outlined the DEQ standards, noting that the highest allowed level would be 55 decibels and the lowest under the quiet standards would be 42 decibels. He stated they were south of the crusher on the Coats site when they took the readings, and they had been unable to take readings from the east because of conflicting noise sources. He then gave some examples of the decibel levels of common noises. When testing noise levels on trucks that day, they tested a county truck passing by at 74 decibels, 83 decibels is the DEQ limit. Mr. Rice then showed slides of the site that were submitted to the record. Mr. Rice showed a map indicating the county roads that would be served by this resource, noting that the resource site was geographically central to the total area to be served. They anticipate removing approximately 10,000 cubic yards annually for road maintenance. They will limit removal to two three-week periods, making 700 round trips out of the site during that time. Mr. Rice estimated that would be less traffic than is generated by the average household. He explained what equipment would be used at the site and stated that there would be a truck speed limit of 25 mph from the site to Gist Road. He stated that they find the 3 00" 0756 conditions set forth by the Planning Commission in their recommendation acceptable, and are planning to impose several more. They will limit operating hours to 7:00 AM to 5:00 PM weekdays, no weekends or holidays. He had prepared a chart showing the off-site improvements planned. That was submitted for the record. Commissioner Maudlin asked about the two three-week periods. Mr. Rice responded that they will have two three week periods for six weeks maximum during a year. They think one three week period would be adequate for crushing purposes for three years. Mr. Maudlin noted that for those quantities, it would take over one hundred years to mine the site out. He asked if it would be worth the money they would have to invest for 10,000 cubic yards of gravel per year. Mr. Rice responded that if the market drops and it is more cost effective to purchase rock on the open market, they will recommend that, but if not this resource will be available. Hearing no further proponent's testimony, Chair Prante called for opposing testimony. Larry Brice, 67166 Harrington Loop Road, came forward. He stated that he is speaking as chair of the Plainview Citizens Against Surface Mining. He explained that this is a grassroots organization to work with government which represents approximately 300 people in the Sisters area and it has the entire support and backing of the entire Plainview area. They represent property owners near the Varco and Livesay sites including out of town residents. He read aloud his testimony. He stated he had a problem with the timing and the notification with the hearings process and that if a greater effort had been made at the Planning Commission level, they might not have to be here tonight. Ed Sullivan, attorney representing the Plainview Citizens Against Surface Mining, came forward. He gave his address for the record, 101 SW Main, Portland, Oregon. He outlined their presentation and asked that the Board apply all of their testimony to both sites. He noted that both sites are in the same alluvial fan, about 1/4 to 1/2 mile apart from one another. He indicated that Diane Nason would be the first of their group to present testimony. Their residence and school lie almost equidistant between the sites. A number of their children are affected by breathing problems that would be exacerbated by this use. He noted that Judy Walpold had to leave, but noted that her parents live in the next closest house to the sites. She is concerned about her parents health. Mr. Sullivan submitted a letter from her into the record. Diane Nason, 67030 Gist Road, came forward. She showed the location of her home on the map (exhibit 6). Their family moved there ten years ago, and they now have 79 children. They moved there because it is a healthy environment. She stated that most of their kids have been handicapped. She expressed concern for the health of her children and felt that the major emphasis for this decision should be on people. She read aloud a letter from 4 QW1J *7517 Dr. Peter Boehm who visits their home weekly to care for their children. The letter stated that a large amount of airborne dust would be detrimental to them, forcing them to keep their house closed up all the time. She talked about the noise factor, noting that two of the schools are directly facing on Gist Road. She then spoke about the safety factors, especially regarding their children riding horses and bicycles on the road while trucks are traveling. Mr. Sullivan again came forward to introduce Louis Scott, a consulting geologist. He further outlined the order of their presentation. He stated that they do not have in the record any indication from any credible source the amount of the resource on the site. Louis Scott, registered engineer and geologist, 13855 SW Barlow Road, Beaverton, came forward. He stated the most of his testimony will relate to both sites, but some is unique to each site. He noted that the geotechnical report submitted to the record by the Public Works Department was a good report, indicating a good supply of mixed quality material. He stated that the report fails to mention is that the resource is shallow, only about five feet deep. The report recommends limiting mining to 20 acres at a time with a yield of approximately 160,000 cubic yards on every 20 acres. He described the types of equipment they would use to mine the site. They will be loading the sand, gravel and rock into a truck and hauling it to the crushing site. He indicated they will need two crushers or a big grid or grizzly. This geological location is on an alluvial fan that has come from the north or northwest, probably the same on both sides. He stated that other material of this quality is available on Forest Service land or from other sites and that this site is not unique. He felt that the county did not need this site because there are three Forest Service pits available for the county's use. He marked the locations of the Forest Service resources on the map, the closest one being within three miles of this site. He submitted the maps, exhibits 7 and 8, and a letter from the Forest Service saying the county can use the resource from the named site into the record. The letter was from Larry Chitwood at the Forest Service. He then addressed the water issue. He felt it presented a problem because the dust will require the county to dig a well. He noted that a well exists on the Varco site which provides water for a nearby subdivision, but it is stressed to supply water now. A second well put in for industrial or commercial use would effect water tables. A well will also need to be installed on the Livesay site. With regard to the rock at the Varco site, he felt that it would be the same material, but undoubtedly deeper but there has been no testing. Dust would be a problem at that site as well, compounded by the truck traffic. He stated that trucks of this type would tear apart the roads. 5 OOS6 0758 Jack Myer, 66965 Gist Road, Bend, came forward. He is a registered professional engineer with 40 years experience. He gave a presentation on the dust factor. Because of the prevailing westerly winds, special problems are created with regard to the dust and noise. He illustrated the direction of the winds on a map he submitted for the record (exhibit 11). The winds range from five to 15 knots. He indicated which areas would be most affected by the dust, noting that area includes the Nason residence. Exhibit 10 showed the location of residences in the area in relation to the proposed mining sites. He went through a chart (exhibit 9) which described particulate sizes and settling velocities. The particulate sizes generated by the proposed use would range downward in size from 30 microns. He then calculated how long it takes the dust to settle and at what distances it would settle from the site. Commissioner Maudlin clarified that all dust has microns of all sizes. Commissioner Throop asked the source of the information and was told that this is an aerodynamic law called Stokes Law. Mr. Myer stated that particles 10 microns and larger can be seen with the naked eye, and particles as small as one to six microns can cause lung damage. He stated that the dust would travel far enough to affect more than just the 18 to 20 houses Mr. Rice had indicated. He stated that there are nearby residents who are have emphysema and asthma. Gary Hampton, 67200 Harrington Loop Road, came forward. He stated that he has been a meteorologist for 20 years, and attended several meteorology schools. He discussed the wind patterns, noting that they are on the east side of a high mountain and each summer a thermal trough which builds through Arizona, New Mexico, Oregon, and central Washington develops. This is an area of low pressure which means that the air rises which sets up a westerly flow of air. During the summer, starting in early June through late October, they have a situation where with the trough they have light winds in the morning and by 2:00 PM the winds become westerly and pick up between 10 and 15 mph until 10:00 PM when they decrease. The more heat they get, the stronger the trough gets. When it cools, it weakens. This occurs at the surface level to six feet above the ground or a little higher depending on the strength of the heat. He stated that where he lives, the winds are from the north all summer long. Local variations of up to 30 or 40 degrees occur depending on the surrounding topography. At this point the hearing recessed for a ten minute break, from 8:30 to 8:42 PM. Albert G. Dougal, P.E., came forward. He stated he is an acoustical engineer licensed by the state, and that he had done work on the Rose site and the R.L. Coats site located near Lone Pine School. He had conducted background noise tests. He explained that a 3 decibel change is perceptible to the human ear, and 6 decibels would be measurable with a little bit of background 6 00A) 0759 noise. He said there is a difference between what they read on the meter and the actual loudness. He briefly described the DEQ rule, noting the 1-10 requirement applies to 10% of the time, or six minutes per hour, etc. He stated that the crawler/tractor/dozer will create about 81 to 86 decibels from 50 feet away, and the trucks will generate anywhere from 85 to 90 decibels from 50 feet, according to Army Corps of Engineers data. He also mentioned the additional noise generated by the backup warning horns on the equipment, which can be heard for a mile, and generate 98 to 102 decibels from 50 feet. They had taken noise readings from various houses in the area and the results of those are contained in the report he submitted for the record. He stated that DEQ recommends that a single measurement is not enough to establish what the ambient noise levels are. He cited the various readings, ranging from 25 to 30 decibels, from the various houses, noting that this is an unusually quiet area. Since DEQ only allows a 10 decibel increase, noise levels will only be allowed to go to 35 and 40 decibels. With no noise control treatment, the mining activities would be three to five decibels over the ten decibel standard. Chair Prante asked what a berm would do to reduce the noise. Mr. Dougal responded that if there is no low frequency noise and the source is near the berm, it should reduce it 10 to 12 decibels depending on the frequency. He stated that noise berms have to be very carefully designed knowing the frequency of the source in order to be effective. He felt that the major impacts at both of these sites will be dump truck and bulldozer noise and the dump trucks will be 7 to 10 decibels over the standard according to the USDOT/FHWA data. There was some discussion about the truck noise levels, noting that the trucks come under the L-10 DEQ requirement. He calculated that the truck noise from the DeKay household would exceed the DEQ standards by 26 decibels. He noted that if they use contractor's trucks, they will not be able to maintain the lower speed limit. When calculating the noise, he had used the 35 mph speed limit. He listed all the noise levels they calculated from each house as was contained in his report. Each one exceeded DEQ standards. He stated that with the westerly winds, they will have downwind sound reinforcement of about 10 decibels. The wind will carry sound directly over the berm, minimizing the noise mitigation from the berm to only about five decibels. He stated that the velocity of sound is higher in the higher air than that near the ground. He suggested that backup horns not be allowed. Stosh Thompson came forward. He stated he is a resident of Sisters and he lives at the end of Livesay Road west of the site in question. He gave some information on his professional background. He has a masters degree in biology and a doctorate in zoology. He operates a wildlife sanctuary at the end of Livesay Road. He is currently working with the Oregon Department of Fish and Wildlife 7 00S' 0'760 doing some work having to do with the winter deer range. He also noted that he is a past member of the Planning Commission. He gave some background information on the Goal 5 requirements, noting that there are 12 Goal 5 resources, one of which is aggregate. He knows of four other Goal 5 resources which conflict at these sites and none of the resources have priority over another. He asked that the notification to area residents be expanded. He then discussed the Tumalo Winter Deer Range, which was created ten years ago. He showed its location on a map, noting the winter vehicle closure area, which he lives within. The proposed sites are on the edge of the deer winter range closure area. He said that the Varco site represents an area where deer tend to congregate. He estimated that he has visited the Livesay site 5,000 times and has a special permit to go through it in the winter months. The wildlife refuge and the Livesay site are very similar, and although he doesn't drive through the Varco site, he stated that is distinctly attractive to deer. Both sites receive significant deer use. He stated that the greatest use of the site occurs in April and sometimes May, but use occurs year round. Fifty percent of the deer who use the site in the summer use it in the winter. The introduction of an aggregate operation would have an adverse effect on the deer and it would move them out of the area. One of the conflicting resources this site has is exceptional scientific and ecological values. They have a couple of large mountains that are east of the main line in the Cascades grouped together with three volcanoes. This results in the extension of the life zones that shift to the east because of the influence of Broken Top. He indicated these extensions on a wall map he brought. This is a rain shadow and an extension of the high desert into the Cascades and as a result they have a deflection to the east of the mountain life zone. This is referred to as the Plainview Transect, and he first heard of it when he was a student. This results in an unusual mosaic of habitat types right at these sites which provides a good diversity of wildlife. He then showed the board a map contained in a book entitled "Atlas of Oregon". He stated that of all the species of wildlife on his wildlife refuge, at least 80% of those occur at these sites. The site has juniper trees over 400 years old, and one 400 year old juniper is right next to one of the test holes. He stated that the mining activity will degrade the view with dust and noise and put industrial trucks on a stretch of road where passing motorists often stop to view the mountains. Barbara Brockway, 67175 Harrington Loop Road, came forward. She stated that she lives near the Livesay site. She mentioned the lack of public notice. Her testimony represents over 200 members and she submitted signed petitions to the board. She asked that the board consider that people move her for the quality of life. 8 00S6 076,11 Bruce Kemp, 66593 E. Cascade, came forward. He is a resident of the Ponderosa Cascade subdivision. He acknowledged that they had requested that Varco Road be paved and they appreciate it. He showed the location on a map, exhibit 13. He indicated that there are 85 one-acre parcels in the area, and 25 homes now exist. At some point, there will be 85 homes there. He gave some history of the Varco site. There was some mining done in the early 170s on this site. He moved to his home in 1979 and was told at that time that there would be no further mining on this site. Newell Baker, the original developer of the Ponderosa Cascade subdivision, had said that the gravel pit would only be used for the subdivision. In 1972, DOGAMI visited the site and said there was no expansion of the site taking place. Less than 5,000 cubic yards per year was being taken, so they issued a total exemption until it was more than 5,000 cubic yards each year or affects more than one acre beyond the current site. He read from a letter about Atlas Crushing expanding the site by over two acres making it an illegal mine. Subsequently, the mine was closed. Atlas Crushing was cited and fined $67.50 by the county administrative law judge as a result. Young and Morgan Timber Co. was denied permission to mine the site in 1986. There has been no mining on the site in several years, yet no reseeding has occurred as was requested by DOGAMI. Control of the napweed is required before the permit can be closed. He read aloud some portions of three newspaper articles which were submitted to the record. He stated that there has been no data presented on quantity or quality of resource at this site and no testing has been conducted on this site. He then showed the location of their well on the map. The proposed mining site is 420 feet from their main well. There are people in the area who have been out of water in the past or who have had very low water pressure. They feel that mining the site may have some impact, especially in view of the water use Mr. Rice had proposed. He concluded by asking for a show of hands from those opposed to these sites. Most of those in the audience raised their hands. Commissioner Throop asked Norm Behrens to come forward to address the significance of wildlife use in the area. Mr. Behrens responded that they have done a spring inventory for the past 35 years in the area. Their management objective is to have 2200 deer maintained each winter on that deer range. They have counts that exceed one to two hundred animals at a time on the Varco site. They don't want winter activities in that area for the protection of the animals. He was concerned about the potential for future residential development, when there are 85 lots in the area. He confirmed Mr. Thompson' s testimony about the deer use levels of the site. The winter closure was selected as a critical time that they could ask for closure, and it represents a compromise. If they had a choice, they would have had closure for a longer time period. They are recommending a five month closure period for mining activities but they will stay with four months for allowing people in the area because that is so difficult to renegotiate. Commissioner Maudlin asked if ODF&W would be willing to buy this 9 00A 07612 private property. Mr. Behrens responded that they have limited funds for land acquisition, and they typically buy larger parcels, so he did not think they would. Ray Curry, 67252 Gist Road, came forward. He lives on the corner of Gist and Huntington Loop Road. He stated he will be very much affected by the truck traffic . He didn't think they would ever see the trout pond because of the water availability. He estimated it would cost $25,000 to seal a pond of those dimensions with bentonite. He discussed water availability, noting that two ditches run through the area, but neither of those ditches would be able to serve this pond. The will lose 1/2 inch of water each day to surface evaporation. He described the system he uses to irrigate his 11 acres. He felt that dust was a more important issue than crushing on site, and the holes left by mining activity will pose a hazard. He was concerned that the holes would be used as a dump in order to fill the area back up. He stated they would not be able to wash the rock in the pond because of the silt accumulation that would result. The silt becomes very dangerous because it acts like quicksand. He also expressed concern about road safety. The angle of the road as it accesses the highway is dangerous. He mentioned another gravel site he knows of on Jordan Road, part of the Lazy Z Ranch, and it would not affect neighboring uses and the property is for sale and has been tested. Chuck DeKay, Varco Road, came forward. He submitted a videotape to the record and briefly described its contents. He stated that he lived near the site when it was being operated illegally, it ran at night and they could hear it very clearly. It also prevented them from being able to open windows in the summer because of the dust problem. He expressed concern about the trucks and the children in the area, noting that the trucks from the previous mining operation did not obey the speed limits. He has lived there for eight years. Carl Rasmussen, 16847 Ponderosa Cascade Way, came forward. They are now in the process of building at this site, but they are waiting on the outcome of this process to see if they will stay. He noted that they can control the Livesay site because it will be operated by the County, but there will be difficulty controlling the Varco site operations. He asked if operating conditions could ever be changed later on. Mike Steele, 16948 Ponderosa Cascade Way, read a letter from the 2300 members of the Oregon Hunters' Association. He distributed copies of the letter to the board. Chuck Pavone, 67205 Bass Lane, came forward. He questioned why the Varco site is 95 acres and the Livesay site is 240 acres, and if the Varco site has 1,000,000 cubic yards, why is the Livesay site only another 1,000,000 cubic yards. He stated that there are no speed limit signs on Gist or Harrington Loop Roads. He had 10 009 6 0763 recently clocked a county truck on these roads at 50 mph. He described the existing conditions when noise readings of trucks were taken. He disputed the 250-trip-per-day estimate Mr. Rice had provided regarding existing residential traffic. Kathy Miller, 66895 Harrington Loop Road, came forward. She operates a wildlife rehabilitation center in the area. She entered into the record a list of the species found on her property as well as a list of those she has seen on the Livesay site. She stated that her facility is one of two of these types of centers in the area. She cares for injured, orphaned, or confiscated wildlife. She has been doing this at this location since 1979 and it is a registered facility with ODF&W. She doesn't receive monetary compensation for her work. She stated that it is essential for these animals to have a peaceful environment. They are afraid of people and react strongly to any stimuli such as would be created by this mining activity. When mining was taking place at the Varco site in the past, she was able to hear it at her home. She noted at that time that resident wildlife was extremely agitated and spooky. She felt that lactating does and nursing fawns especially needed to be taken into consideration. She noted that the mining would eliminate the bitterbrush which the deer rely upon, and bitterbrush is extremely hard to reseed. She also mentioned the problems they have will wells in the area. The water table ran dry when they were irrigating. She has had well problems that seem to conflict with the well serving the Ponderosa Cascade subdivision. Marilyn Buring, 67315 Bass Lane, stated that there is a lot of cover at the Livesay site which reduced the amount of dust they experienced the other day when the wind was blowing hard. She stated that if Livesay was mined out the land would be ravaged. It is now a very pretty area. She asked if they could consider trading with the Forest Service the Livesay site for another aggregate site. Dot Rasmussen, 16847 Ponderosa Cascade Dr., came forward. She stated that their first notification was on the date of the hearing and then they only received the staff report, no hearing notice. She stated she has a hard time believing that Young and Morgan would be happy with six weeks of mining per year. She was afraid they would keep up the pressure and the county would eventually relent to allowing more mining. She hadn't heard anyone address the affects of the combined decibel levels between the two sites. Their property looks down on the Varco site so no berms or trees will mitigate dust and noise to their homesite. When they purchased their property over one year ago, they did ask about mining and they were told by Reed Brothers Realty that it had been mined illegally and would not be mined again. Laurie Flanders, 66595 Ponderosa Cascade Drive, came forward to give her personal view of the way this will affect her and her 11 00A 0764 husband. They purchased their home in October of 1988 after consulting many people who gave good reports about the property. As a result of these good reports, they purchased their property not knowing about the nearby surface mining until February, 1989. The dust will cause health hazards and her husband, who works an off shift, will no longer be able to sleep during the day. She stated that she doesn't want to start her family here, and she talked about her livlihood and how active she is in the community. She concluded by saying they are fighting for their lives and their homes. Terry Kemp, 66593 E. Cascade, Bend, expressed concern about the water. She stated that the wind is a factor, and they have a view. With regard to truck safety, she had nearly been sideswiped by a truck on Siesmore Road recently. She was concerned about the safety of children and schoolbuses. Ray Curry was concerned about the added danger for buses when the roads are icy. Hearing no further opponent's testimony, Chair Prante called for rebuttal testimony. There was no rebuttal testimony from Young and Morgan representatives. Larry Rice came forward. He stated that it is his job to keep costs down for county taxpayers and in his professional management judgement this site is a viable public resource that should be preserved. He believes they have met the DLCDC goals requirements. He stated that the noise and dust testimony didn't take into account all of the mitigating factors. He indicated that they would be able to work with the five acre limitation imposed by the Planning Commission. Mark Herbert stated that he has been to the site and noted some mixed quality rock but mostly high quality rock. With regard to the concerns about the holes left in the ground, he responded that at the deepest they will be eight feet. The dust sieve analysis tests that were done and showed the percentage of the sample that is dust size is less than one percent. To minimize dust they can add water to the system or the material as it is being removed. He got information from Bob Main, Watermaster, who was not aware of any problems with domestic wells in the area, and could see no problem with installing a 200 gallon per minute well as the county had proposed. He felt they could meet the DEQ standards due to the distances from the noise sensitive uses. With regard to the 85-90 decibel levels quoted for trucks, he noted that DEQ allows a maximum of 84 decibels, so that must mean that every truck on the road exceeds these standards. When he did the noise readings, he got a lower reading, so conflicting testimony exists on the record. He noted that deer are more tolerant than elk of man's activity. With regard to silt, there will be silt, but the lab tests show a very small quantity that would be stockpiled until it could be 12 0056 0760 reused as reclamation material. A Squaw Creek Irrigation representative had told him that they would be able to apply for a new water right. Two to three days of a five-acre flow would fill the pond. They recommend a clay lining and they expect a three inch evaporation loss over the season. They will recharge the pond with five hours of pumping each day. Dave Hoerning came forward to address the issue of substituting Forest Service resources for those on this site. He has been working with the Forest Service since 1972 in Bend and prior to that four years in Klamath County. He has found that they are very generous with cinders but it would be difficult to get crushed rock aggregate for non-forest roads. The county has only been able to get it for projects on Forest Service roads, and they were unable to get it for the Paulina Road project. He estimated that 90% of county roads are oil mats and they are not breaking down as oil mat roads would in the Willamette Valley. He stated they would have a primary and secondary crusher on the site. Commission Throop asked about the economic feasibility of mining only five acres at a time when the resource is only eight feet deep. Mr. Rice responded that if other rock is available from the private sector at a cheaper price they will get it there, but since they only have a small operation this size will meet their needs. Mr. Hoerning added that they intend to contract the crushing work. Crushing will cost from $4.50 to $6.50 per yard, as opposed to $8.00 to $11.00 per yard for rock picked up at the site. Crushing costs, whether public or private, are about the same. Chair Prante then called for opponents' rebuttal. Martha Thomas, 16857 Ponderosa Cascade Drive, came forward. She stated that between July, August, and September, she doesn't have water between 5:00 and 11:00 PM, air comes out of her pipes. She thought this use would lower the water tables. Louis Scott stated that he brought up the economics issue because it had been in the consultant's report and he questioned why they aren't following that recommendation (to mine 20 acres at a time). Mike Herbert responded to this question. He indicated this recommendation had nothing to do with economics, it had to do with the fact that they were trying to develop a more progressive mining plan where the land would be mined and reclaimed as needed. Jack Myer stated that truck noise as measured by authorities with the US Army Corps of Engineers has produced data showing that trucks with a 100 to 200 horsepower range will have a decibel level of 81 to 84 decibels at 50 feet and 84 to 87 decibels from the noise source. The measurement from the Brice house was 43 decibels, exceeding the DEQ standard by 12 decibels when considering the allowable increases over ambient noise levels. At the Carter house, they measured the truck noise at 63 decibels. 13 00 tf3b 0766 Ambient noise at that site was 30 decibels, so 40 was the DEQ limit. Ray Curry came forward to talk about the water in the area. He stated that the site will not be able to get Squaw Creek water because that water cannot be put into the Plainview or McAllister ditch. The Fryrear ditch is 12 feet lower in elevation than this site, so they can't access it. He noted that the noise levels would be highest near his house where they will get trucks every eight minutes. He suggested the use the resource at the Fryrear landfill and all other sites containing aggregate rather than this site. Bruce Kemp stated they have over 61,000 cubic feet of aggregate at the Fryrear site so they don't need this site. He felt that the value of the conflict resources outweigh the value of the rock. Ed Sullivan stated that if they are looking for least cost alternatives they need to look at this with a site plan, because without it they can't evaluate the cost. If they approve this as a least cost alternative, they need to look at that during this phase of the proceedings. Their view is that there is enough resource available from other sites so the county should use those. They know there is a problem with noise from the trucks and unbermed scrapers and dozer areas. He asked that they consider these cost facts now rather than later. He concluded by asking that they not zone the site for surface mining. Commissioner Throop asked for examples of any unchecked DEQ violations occurring in surface mining. Mr. Sullivan responded that Progress Quarry in Washington County is in violation of DEQ standards but DEQ is not willing to stop an existing quarry unless they are in extreme violation. Commission Maudlin asked for information from Mr. Sullivan. Mr. Sullivan agreed to provide that to him by next Tuesday. Adjournment Craig Smith announced they would accept written testimony until 10:00 AM, Wednesday, June 7, 1989. Chair Prante stated that they will make their decision with discussion at that time. The meeting a11:38 is Prante, Chair Tor# T roo ; C mmission D dl , ommis s Toner DESCHUTES COUNTY BOARD OF COMMISSIONERS 14