1989-31185-Minutes for Meeting October 26,1989 Recorded 11/22/1989()09 - 0199
89-31185
MINUTES
SURFACE MINING DECISION MEETING
' f .
DESCHUTES COUNTY BOARD OF COMMISSIONERS -i -f
October 26, 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 296 (Crown Pacific site West of Shevlin Park)
George Read reported that site 296 was 25 acres with 100,000 cu yds
of cinders and was currently zoned SM. He said the parcel size
was probably 500 acres of which Crown Pacific wanted 25 acres zoned
for surface mining but there was no legal description in the file
of that 25 acres. The staff recommended surface mining with
standard conditions. They did not include seasonal operating
conditions, however it was within the deer winter range.
THROOP: I'll move
with the
visuals,
meet DEQ
standards
operation
by ODF&W.
approval of site 296 for surface mining along
standard conditions of buffering and sound
i acres with ongoing reclamation, processing to
dust and noise standards, vehicle meeting
and seasonal operating conditions and hours of
that may be warranted due to recommendations
MAUDLIN: I'd like to zone just the existing site and require a
legal description.
MAUDLIN: Second.
Karen Green said that she wasn't sure what would happen if they
did not provide a legal description. She said they might be better
off picking a sectional breakdown.
MAUDLIN: How about no exceeding the quarter section where the
property sits?
Karen Green said it crossed the line between the southwest quarter
and northwest quarter of a section.
George Read said that the information Crown Pacific submitted was
conflicting since it said southwest but the drawing was in the
northwest.
THROOP: That's the motion then--the southwest quarter of
Section 22 Township 17 Range 11.
PAGE 1 MINUTES: 10-26-89
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 297 (Crown Pacific site on East side of Shevlin Park Road)
George Read reported that this 25 acre site was currently zoned
EFU-40 and contained 60,000 cu yds of cinders.
Karen Green said there was testimony that a small amount of
resource had been taken out but that there had not been processing
on the site. She said that Tom Ring testified that site 297 was
near The Farm subdivision.
MAUDLIN: I move we leave site 297 zoning as is.
THROOP: I'll second the motion.
Commissioner Throop said since there was a small amount of cinders
of questionable value at this site that he felt the other resources
in the area, i.e. winter deer range, rural residential, scenic
vistas, were of a higher priority in terms of the zoning. He said
there had been some historic activity which should certainly be
allowed to continue.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 298 (Crown Pacific site on Southwest Side of Shevlin Park)
George Read reported that site 298 was zoned SM and SMR in a
Wildlife Area Combining Zone. It was 40 acres and contained 1.3
million cu yds of fill material. There had been prior mining on
this site. He said the southwest section directly abutted Shevlin
Park. There had been ongoing complaints from people in the area
about the removal of the fill material.
Karen Green suggested using the current surface mining zoning
boundary. After review, it was determined that the area currently
zoned SM would probably not include the area the owner wanted to
have zoned SM.
Commissioner Prante felt the site should be put on the 1(b) list
since there was not adequate information showing where the resource
was located.
THROOP: I'll move that site 298 be placed on the 1(b) list for
further clarification and be included in that decision
prior to June 30, 1990.
PAGE 2 MINUTES: 10-26-89
(J q - 01 91.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 303 (Cascade Pumice site)
George Read reported that this 80 acre parcel was currently zoned
surface mining in a Wildlife Area Combining Zone and contained
10,000 cu yds of good quality aggregate and 750,000 cu yds of
pumice. The staff report recommended surface mining zoning with
standard conditions including winter closure because it was in a
Wildlife Area Combining Zone. There was historic mining on this
site. The primary letter in opposition in the file was from the
Coalition for the Deschutes.
Karen Green reported that Chuck Clark testified that he only wanted
to mine 25 of the 80 acres, and that there were three people who
testified in opposition to mining at the site.
THROOP: I'll move that this site be zoned for surface mining and
that the standard conditions be imposed which include
sound and visual screening, 5 acres with ongoing
reclamation, processing meet DEQ noise and dust
standards, that the vehicles that are involved in the
operation meet DEQ standards, that winter closure
recommended by ODF&W be included as a condition, that we
have a letter from the Parks and Recreation Division of
the Department of Transportation, and they were
requesting that there be a 7 am to 10 pm hours of
operations limit which would coincide with their quiet
hours at the park, and secondly that vegetative screening
be planted and retained on the eastern, northeastern,
southeastern boundaries to help with noise abatement and
screening from the park, and lastly, that the Park and
Recreation Department be notified when surface mining
activity is to begin per their regulations because it is
in the scenic waterway.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 304 (Oliver Fraser site)
George Read reported that this site was originally recommended by
the staff as a 1(b) site primarily because there was no quality
information on the site. The site had 225,000 cu yds of material
and was currently zoned Surface Mining in a Landscape Management
PAGE 3 MINUTES: 10-26-89
zone. Commissioner Maudlin said the parcel covered 37 acres but
that the area they wished to mine was 15 acres.
Karen Green said that Jim Curl testified that there was a 15 acre
buffer zone at the "Y" created by O.B. Riley Road and Johnson Road
which would provide some buffer between the site and the park.
Commissioner Maudlin said that he understood that the area that was
requested for surface mining zoning was considerably to the north
and away from the park, and that there was an agreement with State
Parks that the buffer zone would remain.
MAUDLIN: I would move we zone the Tax Lots 301, 302, and 300
surface mining with the State Parks recommendation for
buffer zone, no on-site processing, and hours of
operation as recommended.
THROOP: Second.
MAUDLIN: I wanted to include all of the State Parks
recommendations.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 370 (Bend Aggregate plant site)
George Read reported that this was the plant site which was
currently zoned surface mining.
Karen Green said that Jim Curl testified that there was no resource
left at the site, which was being used for processing and
stockpiling. She said the staff had originally recommended Fish
and Wildlife conditions. However, since the site was not in the
deer winter range, Norm Behrens said that no conditions would be
required. The Planning Commission recommended removing the
standard Fish and Wildlife condition from the standard conditions.
MAUDLIN: My recommendation would be to zone it with the existing
conditions.
THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PAGE 4 MINUTES: 10-26-89
(),IC1 , (1193
SITE 488 (Bend Aggregate--Highland sitel
George Read reported that in all of the notices and all of the
previous maps, site 488 and site 366 had been incorrectly combined.
He reported the sites were 143 acres with 300,000 to 400,000 cu yds
of ODOT quality aggregate on both sites. The staff recommended
surface mining zoning with the standard conditions.
Commissioner Prante said that a section of this site had been mined
and reclaimed while another section had been mined historically and
had a remaining resource.
Commissioner Throop asked if the staff or Planning Commission had
recommended any conditions or restrictions in addition to the
existing ones. Karen Green said they didn't add any conditions.
MAUDLIN: I would move that we continue the zoning of site 488 with
existing restrictions as they are now because those are
fairly strict, no on-site processing and certain hours
of operation.
THROOP: Second the motion.
Karen Green restated for clarification that the Board wanted to
have the current site plan conditions on the northerly portion of
site 488 which was currently being mined and reclaimed. However,
since there was not a site plan on the southerly portion of the
site, the Board would want to have Planning Commission conditions
on that portion of the site should it be mined in the future.
George Read said the site had been mined and was a preexisting
site, but if it were expanded beyond whatever was considered a
nonconforming use, then the new conditions would apply.
Karen Green asked if that was an accurate statement of what
Commissioner Maudlin wanted to do, and Commissioner Maudlin said
yes.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 366 (State Highway Division Site)
George Read reported that this site was 14.1 acres with 40,000 cu
yds of aggregate resource. He said the site was an existing site
and was part of the Highway Division right-of-way.
Karen Green reported that Roland VanCleave testified that they
wanted to do storage and processing on this site.
PAGE 5 MINUTES: 10-26-89
MAUDLIN: I move that we continue the existing zoning on site 366
with standard conditions with processing allowed.
THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITES 305 & 306 (R. L. Coats sites)
George Read said the staff report indicated that these sites were
90 acres which were presently zoned for surface mining with 150,000
cu yds of excellent quality aggregate and quarry rock which met
ODOT specifications. He said they were separate tax lots which was
why they were separated as sites.
Karen Green said that at the public hearing on site 306, it was
identified as being located on Johnson Road south of the
intersection with Tumalo Road. Mr. Coats testified that he would
like to finish out the mining within a year, which was what the
Planning Commission had recommended. She said there was an
existing reclamation plan on this site. Mr. Coats had testified
that he was going to reclaim the site, so even if the County
couldn't require it, Mr. Coats had agreed to do so.
Commissioner Throop said he felt that whatever resources were left
would be so thinly distributed that it would very disruptive to
mine it.
George Read said the County had red-tagged this site contending
that mining on this site had started after the County ordinance had
been adopted. Mr. Coats took the position that there was mining
prior to adoption of the County ordinance.
Commissioner Maudlin said that he had a problem with Mr. Coats'
testimony when he said he could take out all the material in one
year and reclaim the site. Commissioner Maudlin wondered when that
one-year period would start, because he didn't feel Mr. Coats would
remove the material until he had a job where he needed the
material.
Karen Green reiterated that Mr. Coats
enough material left for one or two
complete the mining within a year as
Commission, and that he would reclaim
gone on record as saying he would agr
also testified that he did not want
acres at a time but wanted to mine to
had testified that there was
jobs, that he would like to
recommended by the Planning
it. Therefore, Mr. Coats had
Be to that condition. He had
to be limited to mining five
n acres at a time.
PAGE 6 MINUTES: 10-26-89
MAUDLIN: I move that we continue the surface mining zone as SM on
site 306 with the following conditions: blasting not to
exceed 10 days in any one year, hours of operation from
7 am to 6 pm, with processing on site within those hours,
and that the work begin not later than April 1, 1990 and
be completed prior to March 30, 1991, including
reclamation, a 48-hour notice prior to any blasting to
all residents of the Tumalo rim area, and standard
conditions as recommended by the Planning Commission and
staff.
THROOP: Second the motion.
Karen Green asked if the motion was for both sites since sites 305
and 306 were really only one site?
Commissioner Maudlin said yes.
Commissioner Maudlin said he would allow Mr. Coats to use the
northeasterly corner of that property for a stockpile for a period
of six months after it was mined, but he wanted the rest of the
site reclaimed.
Commissioner Throop said that should be included in the motion.
Karen Green asked if the additional part of the motion was that Mr.
Coats could stockpile on the northeast portion of the parcel
through September 30, 1991?
Commissioner Maudlin said yes, but that the balance of the property
had to be reclaimed prior to March 31, 1991.
Karen Green asked if the hours of operation were for weekdays, and
Commissioner Maudlin said yes.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITES 345 AND 346 (Crown Pacific sites)
George Read reported that site 345 was currently zoned SMR, with
50,000 cu yds of good quality cinders. There was no indication of
prior mining on the site. The legal description was the S 1/2 of
the NE 1/4, Section 35, T16S, R10E. This site was south of Snow
Creek.
The legal description for site 346 was the SW 1/4 of the NE 1/4 of
Section 36 which was about one mile from Tumalo Reservoir. It was
currently zoned SMR with a wildlife area combining zone. Site 346
also contained 50,000 cu yds of good quality cinders.
PAGE 7 MINUTES: 10-26-89
o,'-] 9 ^ 0196
Commissioner Throop said that the Tumalo Reservoir Area had a
cooperative management agreement among Tumalo Irrigation District,
BLM, Oregon Department of Fish and Wildlife, and Bend Metro Park
and Recreation District. They had found a plant in the area that
was on the federal register for threatened and endangered species.
He said it was in a wildlife winter deer range. He said that
mining activity would be compatible assuming there were proper
conditions.
George Read said that standard conditions were recommended with
winter closure.
THROOP: I'd move approval of both sites 346 and 345 with the
standard conditions recommended by staff and Planning
Commission including the ODF&W seasonal closure for
winter deer range.
MAUDLIN: Second
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 347 (Deschutes Count
George Read reported this 60 acre parcel was currently zoned
surface mining reserve and had 10,000 cu yds of fill dirt. There
was an opposition letter in the file signed by six people who live
on Dusty Loop.
MAUDLIN: Due to the nature of the material and the location where
it is and the fact that we are zoning 10,000 yds on a 60
acre site, I move we not zone this site for surface
mining.
THROOP: Second the motion.
George Read said there was a comment in the file on the County's
summary that there was an "existing dirt pit near the end of
resource" indicating some existing activity.
Commissioner Throop said that if Commissioner Maudlin's motion were
approved based on the recognition that the other resource values
and uses were of a higher priority than that material, then
couldn't they still use the material based on historic activity?
Karen Green said they'd have to show the nature of the preexisting
activity.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PAGE 8 MINUTES: 10-26-89
9 - 0 19 1
SITE 351 (Gisler site)
Karen Green reported that Mr. Gisler's testimony on this site
indicated that the mine was opened 50 years ago and that not much
mining had taken place since 1980. They had used a portable screen
on the site, and a crusher had apparently been there at one time.
Mr. Gisler said he wanted to reclaim the site for homesites after
the mining.
THROOP: I'll move that site 351 not be zoned for surface mining
and find that the fact that there's been 1/2 million cu
yd removed and there's a relatively small quantity left,
and given the nature of the other natural resource values
in the area, the wildlife, scenic visual amenities, rural
residential development and if the motion is approved,
he could then continue his existing level of activity,
presumably until the 150 is gone.
MAUDLIN: I would second the motion and also I would state that we
have area after area zoned for cinder sites, and we seem
to have a plethora.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 353 (Tumalo Irrigation District site)
George Read reported that the site had been leased to Cascade
Pumice and was located on the north side of Laidlaw Butte. He said
it was an 80 acre site. The exact location of the resource was not
clear.
Karen Green said they had agreed to put this site on the 1(b) list
and that it was mistakenly placed on the zoning decision list.
SITE 355 (Cascade Pumice site north of Tumalo Reservoir Road)
George Read reported that this 40 acre parcel was currently zoned
surface mining with 750,000 - 1 million cu yds of excellent quality
pumice. The site had an active surface mine. He said the standard
conditions were recommended.
MAUDLIN: I move we continue surface mining zoning on site number
355.
THROOP: Second for discussion.
Commissioner Prante said that the number of days where she was
aware of the dust in that area was not significant.
PAGE 9 MINUTES: 10-26-89
099 0198
Commissioner Maudlin said they had testified that they would be out
of the site in one year.
Commissioner Throop asked if it was realistic to try to put a time
limit on sites 355 and 356.
Commissioner Maudlin said he didn't think they could because they
were already zoned, and the owner would have to agree to the
conditions.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 356 (Tumalo Irrigation District)
George Read reported that this 120 acre site was zoned surface
mining and was currently being mined by Cascade Pumice. The site
had 500,000 cu yds or less of pumice. The staff recommended
approval with the standard conditions but that it should be noted
there were other conditions in the prior site plan approval.
MAUDLIN: Move continuation of surface mining zone on site 356.
THROOP: Second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Karen Green asked if they wanted the conditions as specified in the
current site plan.
Commissioner Maudlin said yes.
SITE 357 (Tumalo Irrigation District site on the east side of Mock
Road
George Read reported that this was a current surface mining site
which encompassed most of Laidlaw Butte. It was 560 acres and had
500,000 cu yds of aggregate, 1 million cu yds of cinders, and
500,000 cu yds of pumice.
Commissioner Throop wondered if there was anything the Board could
do to encourage Cascade Pumice to mine and close sites 355 and 356
before they started on site 357.
Commissioner Maudlin said the Board could only "encourage it" since
they were already mining site 357.
PAGE 10 MINUTES: 10-26-89
Commissioner Throop wanted to put a recommendation on the record
that Cascade Pumice consolidate their efforts to get site 356
completed and then to mine site 355 as quickly as possible.
THROOP: Let me just move that we add the recommendation that we
just described to 355 and 356.
MAUDLIN: I'll second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
MAUDLIN: I move that we continue existing zoning with standard
conditions on site 357.
THROOP: I'll second the motion.
Commissioner Throop asked if by standard conditions he meant those
conditions that had already been negotiated through site plan
review.
George Read reported that this site did not have site plan review
because it was a prior site.
Karen Green said that the Planning Commission did make their
standard recommendations including Fish and Wildlife conditions
although it was not in the winter range.
Karen Green asked if the Board wanted sites 355 and 356 mined and
reclaimed prior to 357.
Commissioners Throop and Maudlin said yes, if at all possible.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Commissioners Throop and Maudlin agreed that the Fish and Wildlife
conditions recommended by the Planning Commission should not be
included in their motion since the site was outside the winter deer
range.
SITE 358 (GISLER SITE--Tumalo Mall)
George Read reported that this 5 acre parcel contained 100,000 cu
yds of aggregate and was zoned RSRM. He said it was very close to
the center of the Tumalo Rural Service Center and near the highway.
The staff recommendation was to allow surface mining with the
standard conditions, however the Planning Commission added that the
applicant had a specified time limit of four months to extract all
of the identified resource.
PAGE 11 MINUTES: 10-26-89
o-~o UU0
Commissioner Throop said the resource on this site was very limited
and that there were extremely high conflicts with rural residential
and scenic vistas and views along Highway 20W. He felt that on
balance the resource was much less important.
Karen Green said that Pat Gisler testified he felt that the setback
recommended by the Planning Commission would only leave 5-10% of
the total resource available for mining.
MAUDLIN: I move that we not zone site 358 for surface mining due
to the many conflicts, setbacks and the small area that
would have to be located, the traffic problem, dust and
noise that would be created are just not conducive to the
small amount of aggregate that could be mined with the
setbacks required.
THROOP: Second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 361 (State Highway Division site)
George Read reported that this 41 acre site had 700,000 cu yds of
good quality cinders and was currently zoned surface mining. He
said it was on the end of Long Butte adjoining Whispering Pines
Subdivision on the north and east. He said the staff recommended
approval with standard conditions. There were letters in
opposition in the file primarily from residents of the Whispering
Pines Subdivision.
THROOP: I'll move approval of
conditions which were
Commission and staff.
MAUDLIN: Second the motion.
site 361 with the standard
recommended by the Planning
Commissioner Prante added to the motion that the County work with
the State and Commercial Bank to have the access directly to the
highway so that they would not use the residential roads.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 362 (Commercial Bank site--previously owned by Pruitt)
George Read reported that there was no exact quality and quantity
information in the file.
PAGE 12 MINUTES: 10-26-89
THROOP: I'll move that site 362 be placed on the 1(b) list.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 369 (Tumalo Irrigation District)
George Read reported that this 50 acre parcel was zoned SMR with
a portion zoned SM and contained 150,000 cu yds of gravel. Bend
Aggregate had been mining the site.
Karen Green stated that at the public hearing, the staff report
indicated that the site appeared to be mined out, and that the
owner wanted to use it for stockpiling and equipment storage only.
Commissioner Maudlin said that crushing had been restricted to 30
days per year on this site.
MAUDLIN: I would move that we zone it surface mining with the
restrictions as previously put in.
THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
SITE 453 (Fullhart site off south end of White Rock Loop)
George Read reported that this 56.6 acre site was presently zoned
EFU-20 with 704,000 cu yds of excellent quality aggregate that met
ODOT specifications. He said the property abutted the river on the
west side and extended away from the river approximately 1/2 mile.
Commissioner Maudlin said the applicant indicated that he was tired
of fighting with the neighbors and wanted to withdraw his request.
Commissioner Maudlin said this is one of three sites that had
actually been tested and had a measurable resource. He said it was
well above the river and well back off of the river.
Commissioner Throop read from a letter from the applicant... "After
much thought and for several reasons it has been decided to
withdraw our property from the zone change request. The original
intention was well thought out. Two years ago we built a home on
the property, we put in the power and telephone. We did it
underground at great expense because of our concern for visual
aesthetics and the environment. We dug the ditch. We found a
substantial amount of aggregate which is in great demand because
of rapid growth. The plan was to utilize the western portion of
PAGE 13 MINUTES: 10-26-89
C) -1 4 U 2 U 'L
the property where there is a rising slope. It would have been
more than a quarter of a mile from our house and the river. There
was never a thought of going near the river or rimrock as some
letters imply. Our plan was to totally restore the portion where
the aggregate was removed and reinvest the proceeds in an
irrigation well and other improvements. In the early 1900s, the
water rights were removed from the property due to
bankruptcy.... The property has been in the family for 38 years and
we hope to keep it that way for additional generations. Hopefully
we will find another way to increase the productivity of the
property."
Commissioner Throop said he recognized there was a measurable
resource on the site, but there were also some conflicting natural
resources. He felt this was one of the larger conflict sites.
There was testimony that there were historic and archaeologic
resources on part of the site.
Commissioner Maudlin said those resources were in the canyon, and
that the applicant said he would stay back a quarter of a mile from
the river.
Commissioner Throop said there were also conflicts with open space,
fish and wildlife, scenic views and vistas, and water areas unless
they did stay 1/4 of a mile from the river. There was also a large
conflict with rural residential uses.
Commissioner Maudlin agreed except for the significance of the
other resources. He said the applicant owned the property from the
river back to the south for 340 acres, and there wasn't another
house on that side of the river that could even see the operation.
He said that since the resource was significant and didn't have any
conflicts within a quarter of a mile, he felt the resource should
be protected. He felt there was much greater visual conflict on
the Twin Bridges site than on this site.
Commissioner Throop said he thought there was a fair amount of
rural residential development to the west and to the north, and
that most of the site was in the scenic waterway.
THROOP: I would move that the site not be zoned surface mining
due to the conflict with other natural resource values
on that parcel. Natural resources including archaeologic
and scenic and historic, wildlife, et al and rural
residential uses, farming uses in the vicinity.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: NO
PAGE 14 MINUTES: 10-26-89
DESCHUTES COUNTY BOARD OF COMMISSIONERS
A64is Bristow Prante, Chair
d/~ f r
Tom Thr op, Commissioner
Dic Maudlin, C mmissioner
BOCC:alb
PAGE 15 MINUTES: 10-26-89
