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1989-31619-Minutes for Meeting October 10,1989 Recorded 11/28/1989SURFACE MINING DECISION MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS ti October 10, 1989 ,r -V 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. SITES 315 AND 316 (Crown Pacific sites west of Sisters) George Read gave a staff report indicating that the public hearing on these sites was held on August 16, 1989. Site 315 was currently zoned Surface Mining (SM) with approximately 750,000 cubic yards of aggregate available. The site was opened around 1970 and there had been continuous activity since then. Most of the rock from the site was used at Black Butte Ranch. Commission Throop said that a letter was received from Starr Reed, Chairman of Black Butte Ranch Association, indicating there were a number of homes that were within one-half mile of site 315 and that if there wasn't processing on the site, it would alleviate some of their concerns. The letter indicated that the Association was opposed to any activity on site 316. George Read reported that most of the negative comments were regarding site 316 which contained 7 million cubic yards of resource. The first DOGAMI (Department of Geology and Mineral Industries) permit showed operation in 1985, but there was evidence that they operated without a permit prior to that. George Read said the staff recommendation on these sites was to protect the resource, including on-site processing, by protecting future incompatible development with the following conditions: sound buffering, visual screening, limitation on extraction of materials to 5 acres at a time with ongoing incremental reclamation subject to review and approval by DOGAMI, and placement of processing operations and equipment for mining at a location on site which would permit operation within the sound and dust level limitations required by the Oregon Department of Environmental Quality (DEQ). The Planning Commission concurred with the staff report with an addendum that the site plan review include a cultural resources survey of the Santiam Wagon Road to make sure that it was not obliterated by the mining. THROOP: I would move that the site 315 retain its Surface Mining Zoning and that the surface mining resources be protected and that other development be restricted, whatever the language was in the staff recommendation; that there be adequate sound buffering and visual screening to try to PAGE 1 MINUTES: 10/10/89 isolate the site as much as possible from the rural residential, recognizing the other resource values there of open space, scenic values, wildlife; that the activity be limited to 5 acres at a time and that ongoing reclamation occur; that processing be placed in a location that would be most conducive to processing and reducing sound and dust; that processing be limited to 45 days to be negotiated with Deschutes County in the site plan process in consultation with Oregon Department of Fish and Wildlife (ODF&W), other interested parties; and that the cultural resources for the Wagon Road be surveyed to make certain that this activity does not have an impact on that cultural resource; and that operations be limited to no weekends, no holidays and 6 am to 6 pm during weekdays. MAUDLIN: Second the motion. During discussion, Karen Green mentioned that in the motion, the condition on processing deviated from the condition recommended by the Planning Commission and the staff which stipulated that processing be placed in the best location to meet DEQ regulations. THROOP: I think that was the intent in the motion. George Read pointed out that the DEQ hours were 7 am to 10 pm, and the present draft ordinance said 7 am which might create some confusion if the hours were set at 6 am to 6 pm as indicated in the motion. THROOP: I like 7 am to 6 pm better as well. MAUDLIN: I'll second the amendment. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Commissioner Throop stated that the motion recognized that there was sensitive open space and scenic wildlife resources on that site and also conflicting rural residential development. He said he was attempting to look at the historical uses on the site and did not want to see the existing balance diminished. He wanted to allow the site to be used for one-time projects, such as highway improvements, while at the same time protect the other resource values and conflicting uses. MAUDLIN: Unless you have something different to add, I would accept the same motion for 316. I would so move. THROOP: Same motion on 316, I'll second it. PAGE 2 MINUTES: 10/10/89 i) UZ18 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 317 (Willamette Industries site West of Sisters) George Read gave the staff report indicating that the public hearing on this site was held on August 11, 1989. He said information from the applicant indicated that there was 1.2 million cubic yards of good quality cinders on the 10 acre site. He said the staff recommendation was identical to sites 315 and 316 except that the Wagon Road did not run through the area. The site was currently zoned F2 and was an inactive site. MAUDLIN: I'm going to move that due to the fact that the amount of cinders, in the amount of 1,200,000 cubic yards, is not significant in the fact that there are a number of cinder sites with more material within the useful area, and I would leave it zoned as is. THROOP: I'll second the motion. Under discussion, Karen Green pointed out that they should be weighing one resource against others, and that in order to support the decision not to protect the resource, the Board needed to find that the other resources and uses that conflict with it were more significant. Commissioner Throop said that the surface mining resource was relatively insignificant compared to the other resources that were in the area, i.e. open space, wildlife, and rural residences that were relatively close to the site. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITES 441, 442 & 443 (Willamette Industries Sites West of Sisters) George Read gave the staff report indicating that the Public Hearing was held on August 7, 1989, but that no testimony was given on these sites. The property was owned by Willamette Industries and was not currently active. Willamette industries had reported there was 260 acres of resource on these sites and estimated 6 million cu yds of excellent quality gravel was located there. The present land use was forestry and timber harvesting. Site 441 was zoned F2 and LM (Landscape Management) since a portion of it was within one quarter mile of the highway. Sites 442 and 443 were zoned F2 with an 80 acre section of site 443 zoned SMR. All of the surrounding property was National Forest. There was 6 million cubic yards of excellent quality aggregate. PAGE 3 MINUTES: 10/10/89 v 4 0229 George Read said the Department of Fish and Wildlife had identified the sites as being within the deer range with a high frequency of use. ODF&W indicated the noise levels would have a medium impact on the deer using the winter range, and they suggested a 100' setback from Trout Creek. The staff report recommended seasonal operating conditions as set forth by the Department of Fish and Wildlife, setbacks required for all potential residential development, using buffering and screening to mitigate the impacts related to noise and visual impacts, using specified hours of operation as required by the Department of Environmental Quality, and that processing be allowed on the sites. THROOP: I'll move that site 441 be zone surface mining and LM; 442 be zoned surface mining; 443 be zoned surface mining; that any mining activity have a setback of 100' from Trout Creek; that any mining activity be visually screened so that activity cannot be seen from State Route 242; and that seasonal operating conditions as requested by the Oregon Department of Fish and Wildlife be imposed in order to protect the abundant deer and wildlife populations in the area. MAUDLIN: I'll second that. Commissioner Throop said his motion would include the recommendations in the staff report and from the Planning Commission, plus the 100' setback from Trout Creek, plus visual screening to prevent the operations from being seen from State Route 242. MAUDLIN: I would second. Karen Green asked for a clarification that the motion pertained to all three sites. Commissioner Throop said that it did. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITES 282 AND 283 (Crown Pacific Sites West of Bend George Read gave the staff report stating that both sites were zoned surface mining and were surrounded by Forest Zoning. They had fair quality cinders--100,000 cubic yards on site 282 and 50,000 cubic yards on site 283. He said the staff recommendation included setbacks for all potential conflicting residential development, buffering and screening to mitigate the impacts of related noise and visual impacts, specified hours of operation by DEQ, and seasonal operating conditions as set forth by ODF&W. MAUDLIN: I move that we leave 282 and 283 as existing zoning and accepting the staff report. PAGE 4 MINUTES: 10/10/89 THROOP: I'll second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 379 (State Highway Division Site West of Bendl George Read reported that the site was zoned F2 and was off Century Drive approximately 1-1/2 miles from the Inn of the Seventh Mountain. The public hearing was held on August 7, 1989. It was an existing site and had been operating before 1977. There were 500,000 cubic yards of aggregate on the site which met the Oregon Department of Transportation (ODOT) specifications. The staff recommendations included that the extraction be limited to not more than five acres at a time, sound buffering, visual screening, placement of processing operations and equipment to a location which would permit operations within the sound and dust levels of DEQ, use of vehicles in the extraction, processing, and transportation to meet DEQ requirements, and compliance with all recommendations proposed by the ODF&W. MAUDLIN: I would move that we zone site 379 as surface mining with the recommendations from the staff report. THROOP: I'll second the motion. Commissioner Throop asked if there was anything in the staff recommendations that talked about trying to diminish the visual impacts on the Federal Scenic Highway. George Read said there was not. THROOP: Let's put that in as a friendly amendment. PRANTE: Do I hear a friendly second. MAUDLIN: Sure. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 381 (Pieratt Brothers Site West of Bend) George Read gave the staff report indicating the site was 50 acres with 50,000 cu. yd. of good quality cinders and was currently zoned for surface mining. He said Mr. Pieratt had testified that the site had 250,000-300,000 cu.yds. of cinders and several million yards of pumice which was not of commercial quality. The pumice was being used for fill. The site had been mined since 1952, and the operation currently ran from 7:30 a.m. to 4:00 p.m. on weekdays PAGE 5 MINUTES: 10/10/89 f:1 t)9 0 2 3 1 with a small amount of activity on weekends. The staff recommended that the resource be protected as well as the other Goal 5 resources with the following conditions: sound buffering, visual screening, limitation on the extraction of cinder material to 5 acres at a time with ongoing incremental reclamation, placement of processing operations and equipment to allow operation within DEQ dust and noise standards, use of vehicles in the extraction and processing and transportation of the materials meeting DEQ noise and dust standards. The Planning Commission added to the staff report that the hours of operation on Sundays and holidays should be no longer than 8 a.m. to 5 p.m. Commissioner Maudlin said he would like to exclude the hauling of wood debris and brush to the site. He said the used asphalt and concrete that were being hauled in were being used for reclamation and he had no objection to that. THROOP: I'll move that site retain its SM zoning and be subjected to the conditions in the staff report which were approved by the Planning Commission and in addition to that, let's see, and those conditions include protecting the resource and protecting the other resource use values by whatever is specified and then meeting DEQ sound and dust, visual and noise buffering and screening, 5 acres at a time with ongoing reclamation, processing on site that meets DEQ dust and noise standards, 7 to 6 operational hours with the exception of 8 to 5 on Sundays and Holidays, and then no dumping of wood debris or brush, that kind of material, and then the last condition, to do something with his haul road to try to minimize the dust. MAUDLIN: I second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Karen Green said that the October 26, 1989, surface mining decision meeting would have to be scheduled for another date since she and George Read needed to be in court that day. The meeting was rescheduled for Friday, October 27, 1989, from 9:00 a.m to noon and from 1:30 p.m. to 5:00 p.m. She also said the Board would need to hold a public hearing on three Highway Division sites, which were previously thought to be Federal sites. The public hearing for these sites was scheduled for 1:30 p.m. on Friday, October 27, 1989. PAGE 6 MINUTES: 10/10/89 DESCHUTES COUNTY BOARD OF COMMISSIONERS ,44c Lois Bris ow Prante, Chair ~I Tom Thr op, Commissioner Di Maudlin, C mmissioner BOCC:alb PAGE 7 MINUTES: 10/10/89