1989-30968-Minutes for Meeting October 17,1989 Recorded 11/20/1989.I
89-30968
MINUTES
099 0024
SURFACE MINING DECISION MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONkR
October 17, 1989
Chair Prante called the meeting to order at 8:40 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 313 (Deschutes County site off Dodds Road)
George Read gave a report indicating the 120 acre site was
currently zoned EFU-40. It contained pea gravel for shoulder rock
and fill material. The staff recommended surface mining zoning
approval with the standard conditions and processing allowed on
site. He said the Planning Commission recommended winter closure
due to the winter deer range. There had been opposition to mining
at the site due to the proximity to marsh land which contained one
of the largest nesting areas for yellow-headed black birds. The
marsh also attracted osprey, blue herons, geese and other water
fowl. A nearby Central Oregon Irrigation (COI) site #446 was an
"exempt" site.
THROOP: I'll move that due to the resource conflicts and the
respective value of those resources, that site 313 retain
its EFU-40 zoning
prove up what its
order to be able
activity.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
and that the County would then need to
historic level of activity has been in
to, under current law, continue that
SITE 314 (Deschutes County Site NE Corner of Byrum Road and Bear
Creek Road)
George Read gave the staff report indicating that the 270 acre
parcel was currently zone EFU-20 with Landscape Management
combining zone within one-quarter mile of the highway. It was
identified as a good quality fill material site with 150,000 cu.
yds. of pea gravel and dirt. There were numerous opposition
letters in the file which expressed concern over impacts on fish
and wildlife and rural development. The staff recommended approval
with the standard conditions. Dick Johnson, Public Works
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009 0025
Department, had previously testified that the County had not done
any extraction on the site but that there were some old pits on the
site from a prior owner. Larry Rice, Public Works Director, had
previously testified that the resource was not significant compared
to the resource concerns of the residents in the area.
THROOP: I would move that site 314 retain its EFU-20 zoning and
its landscape management zoning and not be zoned for
surface mining.
MAUDLIN: I'll second that motion.
THROOP: The fact that it is a fill material that is in some
supply elsewhere, and the fact that the other conflicting
resources, specifically the conflicting wildlife resource
and the conflicting rural residential use, are of a
higher importance than this fill material; I think it's
necessary to retain the existing zoning and not see this
developed into a fill dirt mine site.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 390 (Deschutes County site--Knott Landfill)
George Read reported that the file on site 390 indicated there was
262,000 cu yds of dirt in excess of the needs of the landfill.
There wasn't any public comment on the site. Karen Green pointed
out that since the landfill was preexisting, not zoning it surface
mining wouldn't change the existing historic landfill activity.
THROOP: I'll move approval of SM zoning for the site #390 with
the standard conditions as recommended by the staff and
Planning Commission.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 391 (Central Oregon Pumice near Knott Landfill)
George Read reported that it was a preexisting site with 500,000
cu yds of good quality cinders. The staff recommended approval
subject to standard conditions. There was opposition testimony at
the hearing. Karen Green indicated that Mr. Miller had testified
that he did not plan to do any blasting or crushing on the site.
MAUDLIN: I move that we continue the zoning as SM on site 391.
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THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
THROOP: For the record, that includes the standard conditions
that were recommended by staff and Planning Commission.
MAUDLIN: Right.
SITE 393 (L.T. Contractors' Site on Horse Butte)
George Read reported that the site contained 12.5 million cu yds
of material in 1978 and was currently zoned SM. Babler Brothers
were the current owners, and they had a letter in the file saying
they felt the best use for the site was residential and the site
no longer had value as a surface mine. There was considerable
opposition testimony at the hearing. Commissioner Maudlin
expressed concern about whether the owners had a reclamation plan
and whether a change in zoning would affect the reclamation
requirements. George Read said that there was a current site and
reclamation plan with DOGAMI.
THROOP: I'll move that site 393 not be zoned for surface mining,
and that the other resources, the wildlife, the open
space, the rural residential resources and uses are a
higher priority. Have a condition in there urging that
the reclamation plan be completed as soon as feasible.
Resource has been exhausted on one hand--wild life, open
space, rural residential resources and uses on the other.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 400 (Coats Site near Conestoga Hills Subdivision)
George Read reported that the 80 acre site was currently zoned EFU-
40 and that a portion of the property was in the Landscape
Management combining zone off Highway 20 East. This parcel joined
the Conestoga Hills Subdivision on the SW corner. The estimated
quantity of the site 1,250,000 cu yds. The staff and Planning
Commission recommended that it be zoned surface mining with the
standard conditions, processing allowed on site, seasonal operating
conditions, setbacks to protect potential conflicting residential
development, buffering and screening. There had been considerable
testimony in opposition to surface mining at the site.
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099 - 0027
Commissioner Maudlin said they had received written testimony that
Coats had never asked for surface mining zoning on the entire 80
acres but wanted SM zoning on the 40 acres furthest from the
subdivision.
Commission Throop said he did not believe that the existence of the
resource had been adequately documented, and after the site visit,
it was his view that the wildlife resource and the rural
residential use were of a higher priority on that site than surface
mining. He said there was written testimony from Avion Water
indicating their concerns about their ability to provide water to
the people in the area with a surface mining operation that close
to their wells.
Commissioner Maudlin said that this was one of four sites that had
a sampling from a registered engineering firm, which indicated that
the sampling was taken from the easterly 40 acres. The sampling
did meet ODOT quality standards, and they calculated 1,600,000 cu
yds of material. He felt that if only the easterly 40 acres were
zoned surface mining, there could be adequate restrictions on the
site to make it appropriate for surface mining. He felt that other
sites with as much conflict had been zoned surface mining.
MAUDLIN: I would move to zone the easterly 40 acres on this site
for surface mining with the following conditions:
operation hours will be from 8 am to 5 pm, no weekends
or holidays, blasting be allowed not more than four days
per year with a 48-hour notice to the surrounding
property owners, that the standard conditions for the
crushing be in the area that would be the farthest away
or sound-buffered properly. I think there are some other
standard conditions in there that should be included
too--the standard conditions by staff.
THROOP: I'll second the motion to bring that to a vote.
VOTE: PRANTE: NO
THROOP: NO
MAUDLIN: YES
THROOP: I'll move that site 400
and that the conflicting
priority in that area.
not be zoned for surface mining
residential uses have a higher
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: NO
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099 0028
SITE 401 (Central Oregon Irrigation Sited--Postponed to October 18,
1989, at 10:00 a.m.
SITE 404 (Eugene Moon Site)
George Read reported that the 200 acre site was recently zoned
surface mining in a wildlife area combining zone. It had 193,000
cu yds of aggregate that met ODOT specifications. Site plan review
on the site had already been done.
THROOP: I'll move surface mine zoning with all of those standard
conditions plus the ODF&W conditions.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 405 (State Hiahwav Division site south of Hwv 201
Commissioner Maudlin reported that it was a sand and gravel site.
THROOP: I'll move approval subject to the standard conditions
recommended by staff and Planning Commission.
MAUDLIN: I'll second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 408 (R. L. Coats site
George Read reported that the 640 acre parcel was currently zoned
EFU-320 in a Wildlife Area Combining Zone. The site had 1 million
cu yds of quarry rock which met ODOT specification; however,
Mr. Coats had written on a map in the file that there were
3 million cu yds of asphalt aggregate. The staff and Planning
Commission recommended surface mining with standard conditions,
including the seasonal operation standards set forth by the ODF&W,
and processing would be allowed on site.
THROOP: I'll move approval of site 408 with the standard
conditions including the seasonal requirements of the
ODF&W.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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009 ~0029
SITES 413 & 414 (Deschutes County sites Off Pine Mountain Road)
George Read reported that the sites were currently zoned SMR in a
Wildlife Area Combining Zone. The parcel was 35 acres, and the
resource was 30,000 cu yds of aggregate that met ODOT
recommendations. The staff recommended no processing be allowed
on these sites.
THROOP: I'll move approval of both sites 413 and 414 with the
standard conditions recommended by staff and the Planning
Commission including the seasonal operations required by
ODF&W.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITES 415, 416, 417, 418 & 419 (Deschutes County sites)
George Read reported that these sites were the furthest sites to
the east that were owned by the County. The parcels were 5 acres
in size and there were 30,000 cu. yds of aggregate on each parcel.
MAUDLIN: I would move approval of sites 415, 416, 417, 418, and
419 with standard information from staff and Planning.
THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 421 (Coats site at Barbed Wire Ranch,
George Read reported that the site was currently zoned EFU-320 with
500,000 cu yds of gravel base rock and asphalt rock. Mr. Coats
had testified that there were 400 antelope and 200 deer on the
site.
THROOP: I move approval of site 421 with standard conditions
recommended plus the ODF&W seasonal requirements.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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099 0030
SITE 444 (Central Oregon Irrigation site)--Postponed to 10:00 a.m.
Wednesday, October 18, 1989.
SITE 498 (State Highway Division site on China Hat Road)
George Read reported that the site was currently zoned SMR and
Wildlife Area Combining Zone and had 200,000 cu yds of ODOT quality
aggregate.
MAUDLIN: I move that we zone site 498 for surface mining with the
standards as outlined.
THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 500 (State Highway Division site east of Millican)
George Read reported that this 32 acre parcel was located about one
mile east of Millican on the north side of the highway. The
Highway Department reported that the site contained 130,000 cu yds
of aggregate. He said it was an existing site and the present
zoning was SMR, Landscape Management, and Wildlife Area Combining
Zone. The staff recommended surface mining with standard
conditions including the seasonal operating conditions set forth
by ODF&W and processing allowed on the site.
THROOP: I'll move approval of
and that includes the
as ODF&W requirements.
the site including the conditions
Landscape Management zone as well
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 501 (Deschutes County site)
George Read reported that the 140 acre site was presently zoned
Surface Mining in a Wildlife Area Combining Zone and Landscape
Management zone. The site was an existing surface mining site with
50,000 cu yds of gravel and was located about one and one-half
miles east of Millican. The staff recommended surface mining with
the standard conditions including seasonal operating conditions as
set forth by the ODF&W, and that processing be allowed on the site.
THROOP: Move approval with all those conditions.
MAUDLIN: Second.
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VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 503 (State Highway Division site)
George Read reported that the site was along Highway 20 and was
currently zoned EFU-320, some Flood Plain zoning, and Landscape
Management zoning on the property. The site was 27-1/2 acres with
200,000 cu yds of gravel.
MAUDLIN: I move approval with the existing requirements.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Commissioner Throop asked if the State Highway Division sites 503
through 533 all had ODF&W seasonal operating requirements on them.
George Read stated they were all in the wildlife area so a motion
indicating standard conditions on these site would include ODF&W
seasonal requirements.
SITE 505 (State Highway Division Site)
George Read reported that the site was currently zoned surface
mining and contained 275,000 cu yds of gravel that met ODOT
specifications.
MAUDLIN: Zone site 505 for surface mining with standard
conditions.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 506 (State Highway Division Site
George Read reported that the present zoning on site 506 was SM
with Landscape Management combining zone. The parcel was 58.7
acres with 36,000 cu yds of aggregate.
MAUDLIN: Move approval with standard conditions.
THROOP: Second.
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099 - 0032
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 507 (State Highway Division Site)
George Read reported that the 40 acre parcel contained 34,500 cu
yds of aggregate that met ODOT specifications.
THROOP: Move approval with standard conditions.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 508 (State Highway Division Site)
George Read reported that the 10 acre site was currently zone
EFU-320 and was in the flood plain. It contained 100,000 cu yd of
aggregate that met ODOT specifications.
THROOP: I'll move approval subject to the standard conditions.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 515 (State Highway Division site)
George Read reported that this 17.8 acre parcel was currently zoned
Surface Mining and contained 100,000 cu yds of aggregate which met
ODOT specifications.
THROOP: Move approval with standard conditions.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 522 (State Highway Division site)
George Read reported that this 40-acre site was currently zoned
Surface Mining, Landscape Management. It contained 300,000 cu yds
of aggregate that met the ODOT specifications.
MAUDLIN: Move approval of site 522 with standard conditions.
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(399 - 0033
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 528 (State Highway Division site)
George Read reported that this 5.5 acre site was currently zoned
SMR with 45,000 cu yds of aggregate that met ODOT specifications.
MAUDLIN: I move approval of site 528 with standard conditions.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 533 (State Highway Division site near Hampton
George Read reported that this 104-acre site was currently zoned
SMR and contained 1,000,000 cu yds of ODOT quality aggregate.
THROOP: Move approval subject to standard conditions.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
LoEnop Prante, Chair
To Commissioner
.
Dick Maudlin, Commissioner
BOCC:alb
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