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1990-01374-Minutes for Meeting August 16,1989 Recorded 1/11/1990_ go-01374 0o - 101 5 DESCHUTES COUNTY BOARD OF COMMISSIONERS SURFACE MINING HEARINGS August 16, 1989 ' Deschutes County Administration Buildin6 :30 PM VoF~Mx h - ,,t... Call to Order Commissioner Maudlin called the meeting to order at 6:30 PM. Chaij: Prante and Commissioner Throop were also present. Commissioner Maudlin agreed to chair the meeting for Chair Prante, who had laryngitis. Staff members present were Karen Green, Community Development Director, and George Read, Planning Director, and Sue Stoneman, recorder. Public Hearing Commissioner Maudlin read aloud the purpose and procedures of the hearing. He called for declarations of conflict or pre-hearing contacts. Commissioner Throop stated that his contacts were a site visit to site 400, a conversation with Mike Holmes, and they only talked about the hearings process. He also talked with Richard Norton and they talked about the process. He stated that these contacts had not biased his ability to sit as an impartial decision maker. Commissioners Maudlin and Prante had also visited the site. Commissioner Maudlin stated that he had received a telephone call from someone named Lutsky who lives in New Jersey and is purchasing a lot in Conestoga Hills, and they discussed the hearings process. He did not feel this would bias his decision or create a conflict. Commissioner Maudlin called for challenges from the public. There were none. Site 400 George Read gave the staf report. This is ten miles east of Bend northeast of Conestoga Hills subdivision. The site is presently zoned EFU-40 and a portion of the property is in a landscape management combining zone. It is 80 acres in size and owned by Eric Coats. It is estimated to contain 1,250,000 cubic yards of aggregate resource. The staff report identified conflicting resources as open space land, fish and wildlife habitats, and rural residential development in the area. Staff recommended that this site be allowed with conditions. Commissioner Throop asked about the information supporting the estimates of quantity and quality. Mr. Read responded that Century West Engineering had done an analysis of a rock sample provided from the site. In addition, a map showing the amount and location of the resource was supplied by the owner. Commissioner Maudlin called for proponent's testimony. 1 1-00 - 1016 Robin Coats, P.O. Box 5984, Bend, stated that her husband couldn't be here because he is out of town on a paving job and they were going to do a written statement. She stated that they found out by television that a geologist and engineer were sent out to their property without their knowledge or consent. Upon the advice of her lawyer, she requested a two-week extension to review all the information and the engineer's report, given the fact that the Board had allowed an earlier extension for opponents. Commissioner Maudlin clarified that they did not ask for an extension, the county gave it because there was a problem with notice. The county has given notice and everyone is aware and has been for some time that this hearing would be tonight as well as the Coats' attorney. Karen Green stated that the Board can grant a request, but cautioned that they may get other requests that would delay the deadline. Commissioner Throop asked Martin Hansen if he had anything to say on this site. Mr. Hansen responded that he was surprised that Mr. Hopp wasn't here since he had been representing them for over a month. He had informed Mr. Hopp of what they were going to do and it took him more than three weeks to respond. He stated that it isn't like they are not represented, the applicant knows fully what their duties are and they have consulted with a lawyer. He stated that the applicant has not met its burden at all. He stated that they have been told they can't move the hearing so they don't have some live testimony. He felt that if the applicant can't come here and be ready when everyone else is it is no excuse. Chair Prante indicated she would support a two week extension. Commissioner Throop stated that if they allow this they should allow it for everyone to allow the opponents to respond to each other's testimony. Chair Prante agreed. There was some further discussion, in which it was determined that no further time would be allowed, but the hearing will remain open for written testimony until 5:00 PM one week from today. Commissioner Maudlin then called for opposing testimony. Martin Hansen, attorney representing the Conestoga Hills residents, 835 NW Bond Street, Bend, stated that they have several people here to testify. He had provided the commissioners with a copy of his brief that contained the arguments they are putting forward. He stated that Conestoga Hills is already developed and that it was too late to even consider this site due to the extent of the conflicting development. He stated that the quality estimates are based on one rock sample taken by the applicant to the engineer, and they are basing their estimate on this single sample. He stated that their expert report shows the gradation and variation in quality of the rock. He submitted three samples of different rock that were collected within a few feet of one another. This 2 Lori - 1.017 is a Newberry crater flow which is generally poor quality. It produces a wide variation of quality within a few feet. Lots of blasting is required and the rock is very brittle and creates the most noise and dust of any rock mined in the county. These rocks are loose because there is not an evenness to the rock out there. They will need to shoot these rocks individually. It will require seconary blasting as well. He stated that the staff didn't have time to perform these tests, and the applicant has chosen not to, so they did the testing and submitted the information. He noted that given the relatively small site of 80 acres, coupled with the high degree of conflict and the substantial proof they had provided that this is not a good quality resource, he asked that this use not be allowed. He stated that nobody has gone below the topsoil to see how much resource is down there, so there is no way to accurately estimate the quantity. He noted that the site is immediately adjacent to the subdivision, so the DEQ noise requirements will be violated by 17 to 25 dba due to the proximity of houses. Berming will have no effect. He noted that the water source for the subdivision may be affected as well. For these reasons, he asked that the board not consider this site any further. He estimated that the rock would need 100% blasting with 30% secondary blasting. Jan Wick has one main well for the water source for the residents in this subdivision. This well is extremely close to the site. He noted that the site is right next to the winter deer range, so it would have impacts on wildlife. They had a hard time developing this subdivision because of that. Conestoga Hills was originally going to be an 800 acre development, but it was only allowed to be 400 acres because of the deer range. With the remaining 400 acres near the site, he will have a hard time finishing this development with the surface mining site nearby. He stated they have already had some effect on property sales there. He stated that the time to develop this mining site is long since past and it is time to continue the existing residential development in the area. Commissioner Maudlin asked if the rock samples they had collected had been tested. Mr. Hanson responded that there were no lab tests done, but the geologist who looked at it has experience and he says that they is a lot of poor quality rock mixed with the more solid rock that was tested and met the ODOT specifications. Karen Richey, 23272 Chisholm Trail, asked for a show of hands of those opposing this site. Her three main concerns were the quality of the site, the noise, and the disturbance to wildlife in the area. She stated that she was concerned for their horses since they will run from noise, she was concerned about injuries to the horses or riders. She wants to ride her horses at home, but won't risk the safety of her horses or herself by riding if they allow blasting on the site. She stated that her home is a sanctuary for herself and her pets and she asked that it be protected. She asked them to deny this request for rezoning. 3 J.OU - 1.018 John Armette, 23173 Butterfield Trail, stated that he is a real estate broker. They moved there for the open, natural, quiet, peaceful and rural quality of their homesites. It follows that subseqent purchases would be based on the same things. If these are changed, the market will disappear. Some sales have fallen through and some people aren't willing to look at the property because of the threat. They built there because they couldn't find a built house in the site they wanted, so they went to Conestoga Hills and they have only lived there two months. They don't have the time or energy to move. He asked that it not be taken away from them. Mike Holmes, 632 NW Ogden, stated that he is here to be of assistance to Conestoga Hills, and that he was going to be one of them but not anymore. He was about to buy a home and five acres at 23348 Chisholm, but then he got a call from his future neighbor about the public hearing on the rock mining site and he testified at that hearing. After that he talked with his wife and in spite of the fact that they had already sold their current home and probably would lose their earnest money, they decided to rescind their offer on the home. The possibility of having that rock pit next to their house made it an easy decision for them. He stated that the negative impacts outweigh the possible benefits of a surface mine. Jim Hagney stated that they own and lot in Conestoga Hills, Lot 13, Block 4, and they have done a lot of research about trying to find a place to work and retire and they decided on Bend. He is in the mining industry and has worked in it for the last 11 to 12 years. They travelled about 1000 miles to be here tonight to express their concerns. They plan to builld their life here. Being in the mining business he knows about the noise and dust problems. His wife is very allergic to dust. They want to spend the rest of their life in Conestoga Hills. Mining has explosives, dust, and haul trucks coming down haul roads. Water or magnesium chloride must be used to settle the dust. They want to leave that to come here to enjoy the peace and tranquility. When they have haul trucks they have lubricants that must be disposed of properly or they will get into the groundwater. He asked that the board deny this request for a strip mine. This community was established ten to twelve years ago and they shouldn't have a strip mine coming in. Jamie Stanley, 60526 Chickasaw Way in Conestoga Hills, talked about the state land use plan. He stated that he has a degree in environmental economics with a degree in land use planning. He thinks this state is well ahead of the rest of the nation in land use planning. He also believes that long-term, long-range, land use planning is a necessity. He stated that Conestoga Hills represents one of these situations. He gave each of the commissioners a copy of a map indicating the zoning surrounding Conestoga Hills, which was RR-10 and farm use. That was the reason 4 too - 1019 he bought there. He doesn't believe that establishing this rock mine will do anything but add to the conflict between short-term profit and long-term planning. There was no further testimony on this site. Commissioner Maudlin closed the hearing to further oral testimony. The hearing remained open for written testimony. Sites 315 and 316 Commissioner Maudlin called for declarations of pre-hearing contacts, conflicts, or challenges. There were none. George Read gave the staff report for site 315. The site is located off of Highway 20 south of Indian Ford Campground. It was previously zoned SM. The site is 25 acres in size, although the entire taxlot, which is the entire section, is what is shown on the notice map. The file lists 25 acres as the resource area. This site is owned by Crown Pacific. Staff had identified conflicts as open space, fish and wildlife habitats, outstanding scenic views, and noise and dust impacts on existing residential development in the area which is primarily Black Butte Ranch. This site is located to the south of Black Butte Ranch. Staff had recommended to allow mining with conditions. This is about one quarter mile from the outermost corner of Black Butte Ranch and the site although the property line is contiguous. The initial mining application was May 4, 1977. There are DOGAMI permits on file for this site. The pit has been used on and off. There was a closure order in 1986 and it was inactive in 1989. Mr. Read then gave the staff report for site 316. This is a gravel mine located about one mile east of the Metolius cutoff and west of Black Butte Ranch. It is an 80-acre site but on the map it only shows 40 acres. It is owned by Crown Pacific and contains an estimated 7,000,000 cubic yards of aggregate. Staff report identified conflicts in the area as a high frequency deer use area, open space, views and scenic areas, and impacts on Black Butte Ranch. Staff recommended to allow mining with the same conditions as those in site 315 including the natural resource survey for the Santiam Wagon Road. This site has been an active site in the past, 1985 is the oldest inspection report contained in the file. They had red-tagged this site because it was being mined illegally without a site plan review. Subsequent to that, they did receive approval on a site plan. The site abuts on the northwest corner of Black Butte Ranch. The actual mining site is about one quarter mile from that corner. Commissioner Maudlin called for comments in favor. Ted Young, representing Crown Pacific who owns both sites, stated that he is familiar with both sites and would answer any questions. He stated that site 316 was only entered and used once in 1984-85 5 NO - 1020 when they repaved the highway. Peter Hewett was the applicant and took out the material and crushed it and closed the pit. The site is currently inactive. He stated that it is a significant excellent resource and expects that a contractor doing a job in the area would express an interest in the site, but it won't be used on a continuous basis because of the location. Anyone interested in using that resource has a dual approach, either through Crown Pacific or the Forest Service which they have very little control of. The Forest Service site is directly to the south. Commissioner Prante asked if there were any complaints from Black Butte Ranch. While it was operating he didn't know of any, there could have been complaints to someone else that he was unaware of, however. Mr. Young stated that he thinks this is an 80 acre site, but the deposit itself is much larger than that. With regard to site 315, Mr. Young stated that there has been activity in site 315 ever since he started working for Crown Pacific. They initially opened it for the development of Black Butte Ranch. The only formal permission to use it has been with Black Butte Ranch. It has been used as much or more illegally than legally because of the confusion about ownership. Some think it is owned by Black Butte Ranch entities. There have been efforts to control the site by Black Butte Ranch entities. He believes that the current agreement expires at the end of the calendar year. Commissioner Maudlin called for testimony in opposition. Starr Reed, Box 8111, Black Butte Ranch, submitted a copy of his written testimony to the Board. He is the Chairman of the Board of Directors for Black Butte Ranch Association. As chairman, he stated that he was speaking for more than 1900 property owners and thousands of guests who visit each year. There are 1250 homesites on 1830 acres at Black Butte. He stated that the announcement for this hearing was not clear about whether anyone contemplated removing rock but they believe that the continuation of these sites for rock mining and processing would be intolerable for people living on the ranch. The dust and noise is extremely difficult to live with. It would have a very adverse effect on the peopel who live there. They would have a decline in the economic value of real estate there. He said they had difficulty with some rock mining activity in the past. He felt that no noise or dust control measure could make this a satisfactory operation. He noted that his remarks were directed to both sites. Their previous experience was related to site 316. Both sites are immediately adjacent to the boundary of Black Butte Ranch. He thought that a buffer should be established. He stated that wherever rock removal is approved, they need strong controls for hours of operation, dust control and noise control to the greatest possible degree. He is not aware of any rock removal activity of any significance for the past 12 years out of these sites. They do use one site for the disposal of vegetative and excavation debris. They keep it burned regularly. He requested that the SM zoning be removed. 6 too - 102 1 Keith Skelton, 6523 SE Scott Drive, stated that he was a retired Portland attorney. His wife is a former Justice of the Supreme Court, Betty Roberts. They own a home on Fiddleneck Lane in Black Butte Ranch. They use it for recreation. They chose it because it was quiet, secluded and non-commercial. He has had long experience with this gravel pit problem. In 1985 and 1986, they had an industrial operation within 1500 feet of their house. They operated a rock crusher and asphalt plant. The noise, dust, traffic, and other things went on all summer long and destroyed the summer for them and their neighbors. He submitted a sketch showing the location of the pits. The private pit is 1500 feet from the corner of Black Butte Ranch property. He overlaid the map of Black Butte Ranch showing the gravel fan as described in Forest Service records documenting the location of the gravel deposits. The deposit runs over Black Butte Ranch and covers five of the fairways and a big meadow and 62 homes. Within one mile of the pit it covers almost all of Big Meadow which includes homes and a golf course. They were able to persuade the Forest Service to amend the master plan through an appeal. The Forest Service will make no more invasions of the Forest Service pit which would exceed 10,000 cubic yards per year. If they do want to make a larger invasion, then they will make an environmental assessment. If they find impacts, then they will file an environmental impact statement. He stated that the private pit was never opened as a pit, it was opened as a storage area and they were getting the gravel from the Forest Serivice pit. The next year the Highway Division was doing some work on the Santiam pass and he warned the division against using this pit again or they would be in court. They were told they would not use the pit anymore. What they did do was put a rock crusher on the private land and crushed material there. He submitted pictures of the site during the operation of the pit. There are other pits in existence in that area and he showed their locations. He suggested that they use those sites. He would have no objections as long as they had suitable conditions. He stated that he would file these pictures with the board after copies were made. Marjorie Turner, Black Butte Ranch, stated that site 315 is contiguous to Graham Corral, which is used extensively by people with horses. She thinks that Santiam Wagon trail is of real value and should be protected. This is an old growth area which would be hurt by additional dust, etc. Alta Brady, attorney, stated that yesterday she had received a request to make an appearance at tonight's hearing in the absence of another attorney representing someone opposed to this site. Commissioner Throop said that it sounds like site 315 is a grandfathered site if future activity is proposed to correspond with historic levels of activity. They probably can't regulate it. Ms. Brady thought that if they do have the mining activity at 7 00 1022 the same level there probably is a problem with not changing that. She stated that she does see it as an issue, but doesn't have an answer for it. There was no further testimony on this site. Commissioner Maudlin closed the hearing allowing written testimony for one week. At this point, Commissioner Maudlin called for a brief recess in the meeting. The break was from 8:15 to 8:25 PM. Site 326 There were no prehearing contacts, conflicts or challenges on this site. George Read gave the staff report. This site is bisected by Tetherow Road and is currently zoned SM. It is a 200 acre site owned by the Phillip Dahl estate, U.S. Bank, trustee. The site is estimated to contain 1,500,000 cubic yards of aggregate. Staff had identified conflicts as fish and wildlife habitat, outstanding scenic views, water areas and wetlands, the state scenic waterway and residential use. Staff recommended allowing mining with conditions and no processing allowed on site. The Planning Commission recommended approval as recommended in the staff report. The file contained two letters in opposition. The site is quarry rock and some river gravel deposits. Ther is no information on the exact location of the material. There are DOGAMI reports going back to 1977. The site was approved for mining under CU-73-213 on 12/14/73. Commissioner Maudlin called for testimony for proponents. There was none. He then call for opposing testimony. Marvin Long, 5063 NW Woody Court, stated that apparently there has been some mining at one time. His main concern is the haul routes. He asked how they would get the material out, stating that he did not think the bridge could handle the weight of the trucks. There is a weight limit of ten tons on the bridge. He stated that this use would impact them. He just retired and they have lived there two years, but bought the property 12 years ago. He overlooks the site and there is no way to block it from view. He has never seen any mining on the site. He stated that it is right next to the historic use. Ray Grosbeck, 3411 NW Ivancovich Way, stated that he is an athsmatic and he built a home on the edge of the cliff after looking all over central Oregon for a homesite. He put in electrical cleaning equipment. He stated that the horses in the area would be affected. There are a lot of elderly retired people in the area. He has never seen any activity on the site. He stated that he opposes the site on an environmental, noise and dust pollution basis, as well as on a personal basis. He has seen deer, racoons, ducks and geese in the area. He stated that significant scenic views exist from this site. It is very quiet out there 8 1(10 1023 which would be totally destroyed by mining. The site is along the river and it would have some impact on the scenic waterway. Dirt and mud would go into the river from this use. He stated that this area is only about ten feet away from the river. Dick Maudlin noted that inside of the half mile area his daughter- in-law's parents live within one half mile of the site. Alma Jean Robir, 3211 NW Helmholtz, stated she has lived there for 13 years. She felt it would be a shame for the children in the area to take away a swimming hole and fishing hole they have used over that time. She had seven children that enjoyed this river and the land behind this place. She was opposed to having the mining take place right next to the river. She stated that 18-inch German browns were taken from that hole. Janine Howard, 5087 NW Woody Court, submitted some pictures she had taken from her deck. Hearing no further testimony, Commissioner Maudlin closed the hearing on site 326 to oral testimony. Site 328 Commissioner Maudlin stated that this site and sites 328, 331, 332, and 333 were all one site, basically. George Read gave the staff report on site 328. The site contains an estimated 1,500,000 cubic yards of cinders and is owned by Bob Comstock. Staff had identified conflicts as scenic views with Tetherow Butte and other rural residential uses. Staff recommended to allow surface mining with conditions. This is the tire pit. The Planning Commission recommended approval with no changes in the staff recommended conditions. It was noted that there are nine cinder pits on Tetherow Butte. This is a pre-existing site. They do have a permit from DOGAMI indicating that this was mined prior to 1971/72. There had been some closure orders for failure to reclaim. Commissioner Throop noted that this is owned by Deschutes County due to tax foreclosure and is the site of the tire pit. Commissioner Maudlin asked for any pre-hearing contacts, conflicts, or challenges. All three commissioners indicated they had none on any of the remaining sites on the agenda. There were no challenges. Commissioner Maudlin called for proponent's testimony. There was none. He then called for opponent's testimony. Mike Lindsay, 6655 NW 30th, stated that he has lived on Cinder Buttes for 13 years and they live there for the same reasons that the Black Butte Ranch residents stated they had chosen to live at Black Butte Ranch. There is minimal traffic, and it is a good 9 100 - 1024 place to raise kids. They did notice they could see cinder pits everywhere and most have not been attended to. The thought of designating four more is more than what they would like to see. Part of the reason is there seems to be more than adequate sources. The proposed site is immediately adjacent to residential use. He stated there has been little or no enforcement of rules and regulations on existing permits in the area. They are using these sites for dumping. He was concerned about the hazards posed by steep grades caused by mining. He felt that Northwest Way would have to be improved in order to handle the truck traffic. Mr. Lindsay stated that his comments apply to sites 328, 331, 332 and 333 as well, which he understood were contiguous. Commissioner Throop explained the grandfather clause implications. Barbara Brown, 2680 Lynch Court, stated that most of these pits are right in her backyard and she doesn't want to see them expand. She stated she has seen a lot of mining activity there over the years, and some very recently on a site east of her house. B. W. Corchy, 1825 Newell, Terrebonne, asked about environmental impact and whether the county could do anything about it. He stated they are turning Highway 97 along this stretch into solid cinder pits. He stated that the butte would disappear if all these mines are used. There was no further testimony on these sites. Site 330 George Read gave the staff report. This site is located further east of the prior one, visible from the highway within one quarter mile. It is 8.5 acres owned by Larry Davis and contains an estimated 50,000 cubic yards of good quality cinders. Staff had identified conflicts with open space, visual impacts, and rural residential impacts. Staff recommended approval with the standard conditions. This site has DOGAMI reports on file dating back to 1980. The site was zoned SM in 1980. Commissioner Throop asked if there was information on file from the owner. Mr. Read responded that there is extensive information from the prior application in 1980. Commissioner Maudlin called for proponent's testimony. Emil Howell, 2252 NW 12th Street, stated that this pit is actively used by Don Dunn Construction and it has been used much further back than the documentation shows. Commissioner Throop asked if Don Dunn had received notice. Only the owner had received notice of the hearing. There was no further testimony on this site. 10 l00 - 1025 Site 331 Mr. Read combined sites 331, 332 and 333 in his staff report. They are one legal lot of record. There was some misinformation on the notice. Site 331 was incorrectly shown, so Mr. Read pointed out the site's actual location. In 1980, when the county approved the rezoning of this, they were all one parcel. At that time, a condition was placed on the rezoning which required certain road improvements. The zone change stated that any sale or fragmentation would be subject to land partitioning, subsequently, the land has been sold and letters have gone out to the owner stating that these were not sold correctly and county site plans are required. None of the sites have a valid site plan except site 331. There has been an ongoing problem with gaining compliance. Site 331 is on Tetherow Butte and was zoned SM in 1980. It is owned by Emil Howell and is estimated to contain 500,000 cubic yards of cinders. Staff had recommended approval subject to conditions. The Planning Commission had recommended approval with no changes from the original staff report. This site is a pre- existing site and pre-existed the zone change. It is under a closure order by DOGAMI. There is some violation of the site's reclamation plan. There have been problems with the sloping of the site and some material in the site. Also, there was no application for renewal and the fees were not paid. These sites together make up a 40-acre square. Site 332 is zoned SM and is 15 acres in size and is owned by R. L. Coats. It is estimated to contain 2,000,000 cubic yards of good quality cinders. The remainder of the staff report is the same as the previous site's. This site has a DOGAMI reclamation plan that was filed in 1982. A site plan was required at that time but one was never done on it. Paving of the road had to preceed filing of the application for the site plan. Site 333 is also zoned SM. The size indicated on the notice is wrong, the site is actually 15 acres in size. It is owned by Eldon Robinson and contains an estimated 2,000,000 cubic yards of cinders. The staff report is the same for this site. The DOGAMI site and reclamation plan and approval was granted in 1984. There is no county site plan approval for this site. Commissioner Maudlin called for proponents' testimony on this site. Eugene Moore, 209 S. Third, Redmond, stated that he owns site 331, the 15 acre site. He bought it from Emil Howell in 1971 or early 1972. He has been hauling cinders out of the site since 1964. He stated that the pit was originally opened by the State Highway Division in 1943. He stated that the permit has been paid on his foreclosure as of Monday. His Oregon state ID number is 090032. On his reclamation, he has a letter saying that he is doing satisfactory reclamation work as required. He acknowledged that 11 100 - 1026 they do have to pave the road. He stated that John Williams owns the land and is building several new homes to the south and he wants the road paved by early next year. He stated that he bought 15 acres from Emil Howell who owned the original pit. He then sold two more pieces. Commissioner Maudlin asked who was responsible to pave the road. He responded that he thought Bob Jacobson was representing Emil Howell at that time and it was up to Mr. Howell and Mr. Jacobson, who was planning on buying the other part of the pit, and Mr. Comstock. As of now that road has not been paved. Sometimes they water it and they grade it. He stated that he thought they could stop mining since it is not paved if they are doing someone some harm. Emil Howell, 2252 NW 12th, Redmond, stated that he originally owned the 40 acres and sold it off in pieces. He said that the Robinson's lot is about 11 acres. He submitted a document which was the agreement they signed on the paving of the road. It was signed by Mr. Moore, Emil Howell, and Bob Comstock. He stated that it was their agreement that this document would carry with the land. Now they have a new partner in the road agreement, which is Deschutes County, since Mr. Comstock's property is in foreclosure. He said they have discussed this road agreement, and they feel that with the people represented they can get this done. He stated that he thought there was 1,000,000 to 1,500,000 cubic yards of cinders on the site, he thought the 2,000,000 cubic yard estimate was too high. He estimated they would have to go 50 feet down to get his estimate from the site. Commissioner Throop asked why the agreement was not carried out. Mr. Howell responded that they could never get all the parties together after Mr. Coats purchased his piece. Bill May, 6568 NW Montgomery, stated that his main concern about this site is the steepness of the slopes. Kids in the area ride horses and three-wheelers up there all the time. Because of the safety hazard, he felt these should be sloped. Mr. Moore stated that on the steep banks they are excavating it out for the cinders and it would be put back for the DOGAMI specifications afterward. Commissioner Maudlin asked when this would be accomplished. He responded that there will be sections taken out and reclaimed on 331 and they are inspected annually. DOGAMI puts a closure on it if they don't meet standards. They are allowed to have a 20 foot straight up and down steep bank and leave that, then they must terrace for 30 feet, then down another 20 and so forth. The slope has to be to a ratio of 1:1.5. They are only required to terrace the site. Site 334 George Read gave the staff report on site 334. This site is located off of Helmholtz Road directly across and west from La Casa 12 100 - 1027 Mia subdivision. It is five acres of pumice. The staff report incorrectly identified this site as cinders. It contains an estimated 500,000 cubic yards of pumice. There is a DOGAMI permit on the site. There is no verification of quantity or quality in the file. The earliest permit for the site is from 1982. Use has been less than 5,000 cubic yards per year. In 1982, Mr. Read had gone out on a complaint that mining was occurring and it wasn't properly zoned. Material was being loaded into trucks while parked on a public road. Mining had occured almost to the 2500 cubic foot limit in 1982 when he investigated. The Planning Commission had moved that this site be dropped from the inventory. Commissioner Maudlin called for proponent's testimony. There was none. He then called for opposing testimony. Charles Logan, 4018 NW Xavier, Redmond, stated that he lives across from the proposed mining site. He stated that the people in La Casa Mia are upset that their hillside is being moved away. This is the ancient rim of a canyon and mining would leave a giant scar. The pumice sand would blow into their homes. They have a lot of older people there who came there because of the quality of life. They have a number of children who would find such a mine an attractive nuisance. He noted that two boys were killed on Tetherow Butte when a wall collapsed on them. Right at this point in the road there are two blind curves. One of the curves floods and the only maintenance is a high water sign that is placed there when it floods. At least one of the two wells they have tends to sand up, and those could be affected if blasting were to occur. He stated that the horses, other livestock, and wildlife would be damaged. He has seen deer, rabbit, quail and owls in the area. He felt the site would be dangerous, unsightly, would destroy property values and endanger people's health. Commissioner Maudlin stated that there would be no blasting or processing on this site because it is not zoned SM. The worst that could occur would be what has occurred in the past. Mr. Logan stated that there isn't any mining taking place on the site now and to let mining occur now would mean that it would take years for the vegetation to grow back and cause a great deal of dust. He stated that the subdivision has been there for 17 years and no mention was made of potential mining. He stated that Helmholtz Road would be greatly impacted by trucks, since it is a dangerous road now in places. Jim Anderson, 3880 NW Xavier, stated that the mining site is a hill he can see from his front porch. There are people directly across the street from it. He stated that he assumes this will not be allowed to occur. They have kids on bikes on Helmholtz and joggers and pedestrians. He stated that 150 to 200 people live in the area and there is already too much traffic on the road. Alva Jean Roberts, 3211 NW Helmholtz, stated that this mining site connects to her property. Her house is only about 50 feet from the property line. She was concerned about damage to her well. She 13 0 - 1028 stated that deer come into her yard and she has seen rabbits, coyotes, owls, lots of birds, porcupines, skunks and lots of wildlife on that hillside. They have a mobile home and have lived there for 18 years. Kelly Jacobs, 33758 NW Helmholtz, stated that their north boundary is about 25 feet away from this site. The site is above them and she was concerned because dust would settle at their house. She stated that they would never have purchased their home if that were being mined at the time. She stated that the mine would make it too bad for them to stay there but they could not sell their home with it going on. Brenda Elliot, 4075 NW Helmholtz, stated that they are purchasing property and the south line of their property joins the proposed site. She stated that they have four kids and they now live near a state gravel pit so she knows what the trucks do. She stated it is dangerous for kids in the area. She was also concerned about noise and dust pollution. A family member suffers from dust and pollen allergies which is why they were moving to this area, and they don't want that repeated here. She stated that the school bus stops on a blind corner and the kids will have to ride bikes past the site in order to visit other kids. Her main concern was for the children in the area. Commissioner Maudlin asked Mr. Logan if there is a lot of pumice in the area. Mr. Logan responded that pumice deposits are visible from road, but this is the only site he knows of that has been mined in the area. Hearing no further testimony, Commissioner Maudlin closed the hearing for oral testimony on site 334. Site 335 George Read gave the staff report. The site is located northeast of Pershal Way on the west flank of the butte. The site is presently zoned RR-10. It is six acres in size, the notice map was wrong. The site is owned by Pat Daly and is estimated to contain 100,000 cubic yards of cinders. It is an existing pit. Staff had identified conflicts as rural residential impacts. Staff had recommended SM zoning with the standard conditions. The file contains DOGAMI reports dating back to 1977. The reports indicate that this property was mined prior to 7/1/72 when the state began regulating surface mining. Mr. Read noted that the site numbers were and 335. The remainder of the sites adjoining. He then went on to give the remaining joined sites, 335, 336, 337, 466, reversed for sites 467 at this hearing were staff reports for the and 467. 14 1- 00 - 1029 Site 336 Mr. Read gave the staff report for this site. Is is located on the north side of Pershal Way and is presently zoned SM. It is 30 acres in size and is owned by the Phillip Dahl estate and contains 750,000 cubic yards of cinders. Staff had identified the same conflicts as the prior site with the same staff recommendation. The Planning Commission had recommended approval with the same conditions as the staff report had recommended. The site was zoned SM on 6/18/77. Site 337 George Read gave the staff report. This site is located on the north side of Pershal Way west of Highway 97. The site is presently zoned SM and is owned by Bob Comstock. It contains 350 cubic yards of cinders. This site is where they have the straight cliffs they have received frequent complaints about. This is a 150 foot deep hole. The Planning Commission recommended dropping this from the inventory. There is no quantity or quality data in the file. Site 466 George Read gave the staff report. This site is north of Pershal Way, just north of the City of Redmond cinder pit. The site is owned by Fred Elliot, and contains an estimated 5,000,000 cubic yards of cinders. The site is 20 acres in size. Staff had recommended approval. There is no DOGAMI permit on this site in the file. This is an active pit. Site 467 George Read gave the staff report. He stated that this map corresponds with the Daly site number 335. This is a 50 acre site zoned RR-10 located north of Pershal Way. It is owned by Knorr Rock and Land and is estimated to contain 5,000,000 cubic yards of cinders of good quality and an additional 5,000,000 cubic yards of poor quality cinders. The same conflicting uses as the previous sites were identified at this site. There is no indication of historic activity and no DOGAMI permits in the file. On sites 466 and 467 it was recommended by the Planning Commission that these sites not be zoned SM. The Planning Commission recommended that due to the historic landmark nature of the sites at the top of the butte and the unknown quantity and quality these two sites should not be zoned SM. Commissioner Maudlin then called for testimony on these sites. Edward Elliot came forward to testify on site 466. He stated that this pit has been in existence since before the county was in existence. This was where they got the base rock for the 15 100 - 1030 Prineville Railway. He feels it should be a pit. He stated that he and his dad were born within a mile of this and it hasn't hurt them. He stated that this was one of two pits that the Planning Commission recommended to zone something other than SM. The rationale was the lack of information, quantity, and quality of material and the location on the butte. Site 334 was recommended not to be zoned SM as well. He stated that this site has been mined since 1918. This site is closer to the top than any other site and that the city pit has already had a higher wall. Karen Green stated she recalled the Planning Commission's concern about this being at the top of the butte. There was no testimony at that hearing and they did not have this information before then. Gordon Detzel, 812 NW Pershal Way, stated that he is also speaking for one of his neighbors. He came forward to testify on sites 336 and 337. He submitted a letter from the neighbors. He stated that in this case, some of the aesthetics must be considered since this is a prominent location. He stated that some of the mining that has been done there isn't that bad. This is a dangerous intersection where it comes on to Highway 97. He had a windshield cracked by one of the rock trucks coming from site 336 onto the road. He stated that the site is responsible for the death of two boys, and it is an eyesore. He stated that his neighbors house is more valuable and would be reduced in value by mining activity on site 467. He did not know what effect it would have on the fiberoptics installation that was just installed on the butte. He submitted photographs into the record on behalf of his neighbors. He stated that target shooting occurs on the sites. His dog pulls in carcasses of poached animals from the site. He stated that two elk were recently in the area. He also noted that the road is very curvy in this area. Joyce Gibbons stated that she lives next door to site 335. She stated that this has been a nuisance to live next to, it was first a feedlot, then a dump, now a cinder pit. She stated that the owner had to trade land in back for land on the side in order to keep from coming within 30 feet of her house. She stated that when the pit is running the noise is unbearble and the ground vibration causes rattling in her house. They start up at daybreak. it causes sand in their water which comes from a 230 foot deep well. She worried about her grandchildren and the steep sides of the pit. She stated that the hillside behind her needs to stay there and she has a view from her house. Duffy Knorr, 3573 W. Antler, Redmond, came forward regarding site 467. He stated there were a few problems, the first was that he didn't ask for SM zoning, he wants SMR. It was explained that there will no longer be SMR zoning. He wants at least a portion of the site zoned SM. He stated that the other mines come right up to his property. The only way to take the straight faces off the other mines is to take it off of his property. He stated they 16 00 - 10 31 can see the quantity and quality from the Elliot property. Right now there are existing pits on three sides of his property. The Daly pit has a veritcal bank right up against his place. He stated that the slope of his property would improve the area. His property is 50 acres. He stated there are no historical landmarks on his property. This 50 acres goes right to the top of the hill. If it is all zoned SM it will take the hill down because the whole hill is cinders. Ed Elliot, 900 NW Pershal Way, said there is up to four feet of overburden in the area. Mr. Knorr wants the southwest corner zoned SM. He stated that he would be willing to put a reclamation plan on the site. Lyle Jacobs, 4482 Pershal Way, stated that his place is just below Bonnie Heath's place. There are deer and nesting hawks in the area. The people shooting in the pits shot one of the hawks and shot an owl. He stated that he hated to see the top of the mountain go. Erlene Ervin, Route 2, Box 594, Prineville, came forward to testify on site 335. She stated that occasionally they have one cat to push the cinders down and one loader and they have their own truck and occasionally they have another truck come in. They own this site and purchased it from Mr. Daly last spring. Ed Elliot stated that the hill will always remain there. They own the top of it except for an 80 square yard lot. He stated that they have no intention of ever mining the whole hill away. Site 359 George Read gave the staff report. This site is owned by the City of Redmond and is in the same place as the previous sites. The staff report and recommendations are the same as the previous sites on this butte. The city wants to use the site for stockpiling and storage of city equipment. They do not want to mine the site, it will be used strictly for storage. There was nothing in the file indicating quantity or quality. There was no testimony on this site. 17 1.00 - 1.032 Adjournment Being no further business, the meeting adjourned at 10:40 PM. DESC UTES COUNTY ARD OF COMMISSIONERS is is w Pran e, C air Tom n 'oo P Co is s ioner i14)40~ Di Maudlin, C mmissioner /ss 18