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1989-30966-Minutes for Meeting October 11,1989 Recorded 11/20/1989099 -0010 89-30966 MINUTES SURFACE MINING DECISION MEETIN6 DESCHUTES COUNTY BOARD OF COMMISSIi}*g*g =-1 October 11, 1989 Chair Prante called the meeting to order at 10:00 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Karen Green, Community Development Director and George Read, Planning Director. SITE 246 (Tewalt site in Squaw Creek) George Read gave the staff report indicating that the site was within the bed and banks of Squaw Creek and was zoned flood plain. The staff and Planning Commission recommendation was not to zone the site surface mining due to the numerous Goal Five impacts, especially the impact within Squaw Creek itself. The mining project was initiated as a flood management improvement project. There was a lot of testimony in the file on the impacts on Squaw Creek and the surrounding area. THROOP: I move that the surface mining resource not be protected because of its insignificance compared to the other very important natural resource values on that site and abutting that site. For example, it is in a State Scenic Waterway, I believe, also it is within the bed and banks of Squaw Creek, it is currently zoned flood plain and that designation should be continued, important from fish and wildlife resources, important from open space perspective. MAUDLIN: I'd second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 248 (Cyrus Site on Corner of Hwy 126 and Cloverdale Road) George Read gave a report indicating that the 120 acre site was currently zoned surface mining (SM) and had 3.2 million cu yds of good quality cinders. The public hearing on this site was held on August 8. There had been testimony concerning the steep slopes at the site. In 1984, DOGAMI required sloping of 1-1/2 to 1 to 2-1/2 to 1 on the site which didn't appear to have been done. The staff recommended that the site be zoned surface mining with certain standard conditions, and the Planning Commission did not add any other conditions to the site. The standard conditions were: that the conflicting Goal Five resources shall be protected by such PAGE 1 MINUTES: 10/11/89 4 099 - 0011 measures as sound buffering, visual screening, limitation of extraction of cinder materials to five acres at a time with ongoing incremental reclamation, placement of processing operations and equipment at a location on the site which will permit such operation within the sound and dust level limitations of the DEQ, use of vehicles in the extraction, processing and transportation of the material that meet the DEQ noise level requirements, and requiring new rural residential uses to meet standards to protect the surface mine from incompatible development. Karen Green clarified that the Board did have authority to establish, through this decision or through the ordinance, the sloping requirements for new excavations, but did not have authority to require the owner to change the slope of preexisting pits unless the owner would agree to it. MAUDLIN: I am going to move that we accept the zoning as SM with the staff report, and that any further excavation be on the slope of 2 to 1, and that we suggest strongly that a reclamation plan be instituted on the area that has already been mined to alleviate any further erosion problem on that. THROOP: On that recommendation, would it be a friendly amendment to also ask him to do some safety fencing and buffering of that site from adjoining properties. MAUDLIN: Yes, if it was on his property. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 249 (R.L. COATS SITE ON HWY 20 N) George Read reported that the site was on Hwy 20 N approximately 5 miles SE of Sisters. It was approximately 12 acres with 250,000 cu. yds. of quarry rock. It was currently zoned for surface mining in a landscape management combining zone. There was a conditional use permit issued by the County in 1977 for mining, however no site plan had been submitted. The staff recommended approval for surface mining zoning with processing allowed on the site. Staff conditions recognized the site as a "3C" site, setback required for potential conflicting residential development, buffering and screening to mitigate the impact related to noise and visual impacts, and specified hours of operation as required by DEQ. MAUDLIN: I would move that we proceed with the surface mining as it presently is subject to the recommendations of the staff and the Planning Commission. PAGE 2 MINUTES: 10/11/89 U i9 - 0012 THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Commissioner Throop requested that a notation made that access was identified as a problem specifically addressed during site plan review. in the decision be and needed to be SITES 273, 274, 275 (Deschutes County Sites near Fryrear Landfill, George Read reported that site 273, which was currently zoned SMR, was approximately 80 acres west of the landfill and had 100,000 cu yds of gravel. The public hearing on these sites was held on August 8, 1989. He said there was considerable testimony on this site about the impacts on eagle nests. Karen Green stated that Larry Rice, County Public Works Director, had testified that there was a golden eagle nest located between sites 273 and 274. He recommended no mining on site 273, extraction confined to site 275 with a crusher on the easterly portion, and storage only on site 274. George Read continued stating that site 275, which was currently zoned SMR, had 150-200,000 cu yds of gravel, and site 274 had 100,000 cu yds of aggregate. The dirt mining resource at site 275 would be used in conjunction with the landfill. The staff recommendation allowed processing with the standard conditions and seasonal operation. THROOP : I'll move that 273 not be zoned surface mining but be zoned some underlying resource zone. MAUDLIN: I'll second the motion. Commissioner Throop said that due to the fact that other natural resource values had a higher priority on this site, specifically the wildlife and the historic resources, he believed it would be inappropriate to zone it surface mining. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES THROOP: A motion on 274 is that it be zoned surface mining but only be used for conditions limiting it to use as a storage site and other conditions that were applied by staff, recommended by staff and Planning Commission. MAUDLIN: Second. PAGE 3 MINUTES: 10/11/89 099 0013 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES THROOP: I'll move that site 275 be zoned surface mining, that the standard conditions recommended by staff and Planning Commission be retained. MAUDLIN: I'll second the motion. Commissioner Maudlin questioned the seasonal use because the dirt was used as a cover year round. He felt the motion regarding seasonal use should apply to the processing of sand and gravel only. Karen Green said that if the Board wanted to ensure that landfill activity and extraction connected with it continued, it should be addressed in the motion. THROOP: Let's consider Dick's amendments friendly amendments. PRANTE: Is there a friendly second to the friendly amendments? THROOP: Yes. Karen Green pointed out that the Public Works Director recommended the location of the processor on the east side of site 275, and asked if the Board would want that included in the motion. THROOP: Let's include that. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 277 (State Hiahwav Division site East of Sisters George Read said the site, which was currently zoned surface mining, was 20 acres and had 100,000 cu yds of gravel which met ODOT specifications. He said the site was approximately 1 mile from the urban growth boundary and had been mined and used as storage. The staff report recommended approval including processing allowed on the site. MAUDLIN: I would move that we retain the existing zoning on this site due to the fact that there has been some historic use, but basically it's been used as a storage site, including all the conditions. THROOP: I'll second the motion. PAGE 4 MINUTES: 10/11/89 099 -T 0014 THROOP: For discussion, why don't we have a note that goes along with this to site plan review that indicates that our understanding is that it's primarily a storage site which would reflect the intent of Dick's motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 339 (Deschutes County Site) George Read reported that the public hearing on this site was August 9, 1989. The 80 acre parcel which was currently zoned EFU-40 was located south of Goodrich Loop. The material was approximately 200,000 cu yds of rocky fill. The staff recommended approval subject to the standard conditions. Commissioner Throop said there was considerable opposition to the site--seven letters and a petition with 40 signature had been received. The conflicting resources identified were wildlife, open space, rural residential, and he felt that the value of the material was insignificant to the other resources. Karen Green reported that Dick Johnson from Public Works had testified that this site was not high on their priority list because of the low quality of the fill and because residences were located so close to the site. THROOP: I'll move that the current zoning be retained, that the Board of Commissioners find that the mining material is insignificant compared to the significance of the other resource values, namely wildlife and open space and the close proximity of rural residential use. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITES 459 AND 469 (Deschutes Countv Sites George Read reported that public hearing on these sites was held on August 11, 1989. Site 459 covered 40 acres to the north of site 469 and was currently zoned F3 with 50,000 cu yds of good, black cinders. Site 469, which was currently zoned SMR, was 80,000 acres to the south with 2 million cu yds of good, black cinders. The resource would primarily be used for sanding roads. It did not appear that any mining had been done in the past. The staff recommended approval with the standard conditions plus the ODF&W limitations recommended by the Planning Commission. He said the file had a few letters in opposition which cited traffic, noise, PAGE 5 MINUTES: 10/11/89 099 - 0015 dust, loss of wildlife, danger to livestock, and general disruption of rural homes. MAUDLIN: I move that we not zone site 459 and that we do zone site 469 as surface mining with the standard. THROOP: Second for discussion. MAUDLIN: I withdraw the motion. The Board decided to review site 475 before making a decision on sites 459 and 469. SITES 459, 469, 475 (Deschutes County Site on Cloverdale Road George Read reported that the site was 120 acres located in Cloverdale and zoned SMR. It has 200,000 cu yds of cinders. The parcel is located 1/4 mile south of Hwy 126 and just west of the Cyrus site and there was no historic use. The staff recommended approval with the standard conditions including compliance with all recommendations proposed by the ODF&W. MAUDLIN: I'm going to move that we zone site 459 and 469 as surface mining with the standards but to include any crushing operation be only on 469. The 40 acres to the north will be zoned for the crushing operation only, not the material, that's where the crusher will be. That we zone only the northerly 40 acres of site 459 leaving 40 acres between. THROOP: Let me see if I understand. You have 120 acres, an 80 acre block and a 40 acre block. If you break those into three 40 acre blocks, the southern 40 would not be zoned surface mining, the middle 40 would be zoned surface mining with no processing and the northern 40 would be zoned processing only. MAUDLIN: Correct. That's going to give you approximately 1 million cu yds of cinders of some kind to use out in that area. It would take it off of the road. THROOP: Second the motion for discussion. Commissioner Throop said that the relative insignificance of the resource on the southern half of site 469 in contrast to the significance of the other resources and uses, namely open space, wildlife, rural residential, supported not mining that parcel. In the northern half, I believe the balance shifts to where that resource should be utilized for cinders and sanding local roads. However, in the northern 40 of the northern half the resource was not significant enough for mining but was an appropriate location for processing. PAGE 6 MINUTES: 10/11/89 009 0010 VOTE: PRANTE: Abstain THROOP: YES MAUDLIN: YES MAUDLIN: I move that 475 not be zoned surface mining. THROOP: Second the motion. Commissioner Throop stated that his reason for supporting the motion was because other resource values, namely the open spaces, wildlife were of a higher priority than the relatively insignificant mining resource. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 541 (Cyrus Site) George Read reported that site 541 was located within the present Wild Horse Plains subdivision off Camp Polk Road. Since it was located near Squaw Creek, there was considerable testimony in opposition. The site was 22 acres and currently zone RR-10 and Flood Plain. It contained approximately 528,000 cu yds of good quality aggregate. The staff recommended not to allow surface mining on the site. The Planning Commission recommended that it not be zoned for surface mining due to the impacts on Squaw Creek. Commissioner Throop said his view, after reviewing the record and listening to testimony, was that there were a host of Goal Five conflicts: scenic waterway, ecologically significant natural area, fish and wildlife conflicts, open space conflicts, scenic views and sites, wet land areas, flood plain. THROOP: I certainly would make a motion and support the amended staff recommendation and the Planning Commission recommendation that this not be zoned surface mining. MAUDLIN: I'll second that motion. Commissioner Maudlin declared that approximately two days after the public hearing on this site, he was contacted by Keith Cyrus because he had been unable to appear at the public hearing. Commissioner Maudlin told him that there wasn't any information that he received that would change his mind regarding this site. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 7 MINUTES: 10/11/89 099 001 7 SITE 542 (Arnie Swarens Site George Read reported this site was also within Wild Horse Plain Subdivision at the intersection of the highway and Camp Polk Road. The site was 5 acres in size with 80,000 cu yds and was presently zoned RR-10 in a Landscape Management Zone. The staff recommended approval of this site with standard conditions plus the conditions that 5 acres of water be transferred to the site for reclamation purposes and that no screening would be required on the end used for the pond. There were numerous letters in the file in opposition to zoning the site for surface mining. Commissioner Throop said that the amount and use of resource material at the site was insignificant compared to the other resources and uses in the area, specifically scenic resources contiguous to Hwy 126, wildlife area, rural residential and farm uses in the area. Commissioner Maudlin said he liked the idea of mining the site and forming a lake in that area. He felt it would beautify the corner, and the area wasn't useful for anything else. Commissioner Prante asked how long it would be between the beginning of the surface mining activity and the ultimate lake? Commissioner Maudlin said that would be up the people doing the surface mining. MAUDLIN: I'm perfectly willing to make a motion that we zone site 542 for surface mining with standard approval. THROOP: I'll second it for discussion. Commissioner Maudlin said there wasn't a lot of sand and gravel in the immediate area, and that 80,000 cu yds was a significant amount since 55,000 cu yds would last the County for five years. Commissioner Throop pointed out that the Bancroft Appraisal Company report and ODF&W identified the site as a deer migration route, and that it was in a very sensitive location right on the highway with a fair amount of rural residential and farm activity in the neighborhood. He felt the significance of the mining resource was exceeded by the significance of the other resources. VOTE: PRANTE: NO THROOP: NO MAUDLIN: YES THROOP: I'll move that surface mine zoning be denied for site number 542. PRANTE: Second for discussion? PAGE 8 MINUTES: 10/11/89 ()_99 0018 MAUDLIN: Yes. Commissioner Throop said he believed that the other conflicting resources and uses were of a more significant value than the limited surface mining resource at this site. VOTE: PRANTE: YES THROOP: YES MAUDLIN: NO SITE 543 (Cyrus Site) George Read reported that site 543 was a 70 acre parcel which was zoned EFU 40 and EFU 20 and contained 1.1 million cu. yds. of good quality aggregate. The staff recommended surface mining with standard conditions including ODF&W restrictions. MAUDLIN: I move that site 543 be zoned surface mining with the staff and Planning Commission recommendations inclusive. THROOP: Could we make a friendly amendment which would say that during the site plan review process, do everything possible to resolve potential access corridor issues. MAUDLIN: I would accept that. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 334 (Norman Cork site also called the McCall site) George brought up this site because it was left off the meeting schedule. The site was located directly west of La Casa Mia Subdivision and was identified as a pumice/sand resource. There had been prior mining but in 1982 DOGAMI said the sanding material was nearly exhausted. THROOP: I'll move that the Board of Commissioners finds there's not significant resource on there to include it in the inventory, and to delete it from the inventory. MAUDLIN: I'll second it. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 9 MINUTES: 10/11/89 DESCHUTES COUNTY BOARD OF COMMISSIONERS Lois Bri tow Prante, Chair Tom Throop, Commissioner Dick and in, Commissioner BOCC:alb PAGE 10 MINUTES: 10/11/89 099 - [019