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1990-01379-Minutes for Meeting August 08,1989 Recorded 1/11/1990t00 ~1083
90.04A:179
DESCHUTES COUNTY BOARD OF COMMISSIONERS
SURFACE MINING HEARINGS
August 8• 1989 ,
N',IC~OF1lME •
Deschutes County Administration Building
xf 6:30 PM jA 2
Call to Order
Chair Prante called the meeting to order at 6:30 PM. Commissioners
Throop and Maudlin were also present. Staff members present were
Karen Green, Community Development Director, George Read, Interim
Planning Director, and Sue Stoneman, recorder.
Public Hearing
Chair Prante outlined the purpose and procedures of the hearing.
Commissioner Throop repeated the information to those members of
the public waiting in the outer hallway due to lack of seating.
The audience was polled to see how many were present to testify on
each site, and the order of hearing the sites was established by
taking the sites with the most present to testify first. The
meeting recessed from 7:00 until 7:15 to provide an opportunity to
establish the list showing the order in which sites would be heard.
The meeting reconvened at 7:15. Chair Prante again outlined the
purpose and procedure of the hearing, noting that written testimony
would be accepted until the following Tuesday.
Site 453
Chair Prante called for declarations of conflict or contacts.
Commissioner Maudlin stated that he had met Bob Fullhart in the
parking lot yesterday afternoon but they did not discuss the site.
There were no challenges from those present to any member of the
board.
George Read gave the staff report. He noted that the file was
available for review by the public. This is a 56-acre gravel and
aggregate site located within a scenic waterway area. This is a
"3.C" site, where staff had recommended allowing the use with
certain conditions to minimize impacts on conflicting uses. Staff
had recommended that processing not be allowed on site.
Chair Prante called for testimony from proponents. There was none.
She then called for opposing testimony.
Pat Arras, 7843 SW 77th, Redmond, stated that this area was a
significant natural resource.
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Ken Oldman, 63325 South Road, emphasized the value of the river,
stating that this was one of the prettiest sites along the river.
He felt that this site would put the environment and ecosystem of
the area at risk. He felt there was more value in the beauty of
the river than the value of the rock.
Richard Gammon, Oceanside, Oregon, stated that he is now camped on
the Arras property, and had observed that this was one of the most
beautiful views and home to raptors and other wildlife. Fish found
at the site include an outstanding population of native cutthroat
trout. He was concerned that this could destroy the immediate
environment. He used to live in Tumalo, and thought the old mine
there was ugly. He asked what would happen if this miner, after
mining it, couldn't afford to reclaim it. Ms. Green explained that
there is a bonding requirment which would prevent that from
happening. Placing a mine here would destroy a beautiful potential
building site.
Mary Pat Meekins, 66350 Cline Falls Highway, stated that the roads
in the area are not very good and pose road hazards. She stated
that they and other nearby residents have children and animals that
would be placed in dangerous situations with the traffic from the
gravel trucks. She stated that she has pictures of deer and bald
eagles that were photographed in that area that would be impacted
by this use. Once these nesting areas are destroyed the birds will
not return.
Hahandi Khalsa, 65914 White Rock Loop Road, stated that they have
lived there all their lives and often ride their bicycles to work.
They have seen truck traffic increase tenfold over what it used to
be since the pumice mine went in. He thought there were once plans
to widen the road, but it was not widened, so there is increased
danger to bicyclists from large trucks on the narrow road. He
stated that Gary Judd, Public Works employee, had told him that
White Rock Loop had been built on a cinder roadbase and could not
handle truck traffic.
Ted Keener, 65711 Twin Bridges Road, stated that 40 of the 56 acres
contained in this site fall within the scenic waterway. He asked
what the total identified county gravel inventory came to at this
point, and suggested that this is not a significant resource when
compared with the total resource available. He calculated that
this site will comprise less than one percent of the total
identified county resource and noted that there is ample supply now
available in reserves. He stated that the land along the river
will be the prime subdivision land and that the river is the prime
tourist attraction in our area. He stated that he knows of only
one reclaimed site in Oregon that a subdivision was later placed
on. He did not think they would ever be desireable areas for
homes.
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Nancy Farrah, 20295 Marsh Road, stated that she agrees with the
previous testimony on safety factors. She stated that gravel often
spills off the trucks and it is not cleaned up. The loose gravel
on the paved roadway creates additional driving hazards. She
stated that these truck drivers do not drive courteously and
present dangers to bicyclists and pedestrians along the roadway.
John Nunnemaker, 21005 Young Avenue, stated that he lives to the
south about one half mile and across the river from the proposed
site. They purchased their home as a retirement home, and he is
concerned because the prevailing winds will carry dust to their
home.
Art Balbini, 7101 SW McVey, stated that he lives above the river
and his house is near the site. He stated that about eight years
ago, Mr. Coats' mining operation experienced an error which turned
the river brown for four months and he was only fined $5,000. He
was afraid this would happen to the river again here. He felt
there was plenty of gravel which did not warrant having to exploit
this sensitive site.
Davie Hanson, Hanson's Polled Herefords, 65815 Bend-Redmond
Highway, stated that he lives along the river and some of their
pastures are along the river. They have had a problem with people
coming in from the other side of the river with guns, which he felt
would be aggravated by the mining site which will attract target
shooters. They have also had motorcyclists crossing the river.
He was concerned that opening up that side of the river would have
more people coming across and possibly chasing or shooting their
cattle.
Carl Conklin, 20750 Young Ave., stated that they are directly
across the river from the proposed site. Their place had been
owned by his grandmother, and had been a bed and breakfast. He
moved his family here a couple of years ago and they would like to
bring back the bed and breakfast, but he is concerned that this
site may prevent that.
Frank Conklin, Sisters, stated that their family has owned that
property for over sixty years and it lies on both sides of the
river. He felt that that stretch of the river was one of the most
pristine sites on the river and should be preserved. They had
thought about making another homesite along there, but this may
keep them from being able to do that. He stated that they used to
operate as a small resort and they would like to do that again.
David Schroeder, 354 NE Greenwood, stated that he is under contract
with Frank Conklin to buy property in the area. In the absence of
any urgent need for gravel, he felt allowing this to be developed
would be a bad idea. He stated that there is a nest of two bald
eagles in the vicinity, and golden eagles and prairie falcons are
found nearby as well. He stated that he is a trustee of Trout
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Unlimited, and that there would be a letter of testimony
forthcoming from that organization regarding this site.
Dan Harrison, 64625 Mock Road, stated that he lives across the
river and has been in the area since 1982. He likes to fish that
canyon and said that it was a very special area. He felt they
should not even consider mining this site. On Mock Road there is
a pumice site which created a tremendous noise factor. The
activity has created washboard roads. The trucks idle for long
periods and early in the morning and the constant noise creates a
constant stressor for those subjected to it, especially for long
periods. Anytime these areas are developed, there is use by
motorcycles which compounds the existing noise and dust pollution.
He felt that whenever possible, wilderness and natural areas should
be preserved. This poses a danger to animals, and he felt that
this type of use would drive people from the area rather than
attract them to it.
Pat Arras, 77th Street, asked if this use was considered economic
diversification under Goal 9. She lives above the proposed site
and has seen historical writings on the rocks in the canyon in the
vicinity. She agreed to submit a written list of these.
Randy Olson, 65877 Quarry Way, noted an apparent conflict in the
staff report with regard to allowing processing on site. Initially
it states it should not be allowed, but in the final summary it is.
He asked for clarification. Mr. Read explained that the
prohibition on processing was deleted because the Planning
Commission had recommended to allow processing on the site.
Dick Ammon stated that the staff report doesn't mention that this
entire area is full of early American artificacts and that there
are petroglyphs present. He has found arrowheads there.
There were some general questions and answers. Chair Prante
announced that the hearing would remain open to receive written
testimony for one week.
George Read provided a staff summary. They will further examine
the archaeological evidence, which is another Goal 5 resource.
At this time, the meeting recessed from 7:55 to 8:00 PM.
Site 297
Chair Prante outlined the purpose and procedure of the hearing and
announced that they would accept written testimony until 5:00 PM
one week from today. She called for declarations of conflict or
pre-hearing contacts and challenges to the Board. There were none.
George Read gave the staff report and showed the location of the
proposed site on an overhead map. The site is located on the east
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side of Johnson Road. There had been some confusion with site 298
which is across Johnson Road from this site. He noted that the
numbers need to be reversed. The site is a 25 acre cinder site
owned by Crown Pacific estimated to contain 100,000 cubic yards of
resource. Staff recommended SM zoning with the standard
restrictions. It is located near The Farm subdivision access.
Chair Prante called for testimony from proponents.
Ted Young, Crown Pacific, stated that this pit was actively mined
last in 1976 or 177. Since that time, it has been casually used
for minor amounts of small material almost annually. Commissioner
Throop asked if this would be a grandfathered site. Ms. Green
responded that if there has been activity since 1979 they would
have a right to continue that level of activity. If it were to be
expanded it would come under the zoning ordinance. Mr. Young
stated that as far as he knows crushing has never taken place at
the site. It was noted that the site extends to an adjoining state
site that should be included in the inventory.
Jineen Brown submitted some written testimomy.
Don Ring, 63235 Johnson Road, stated that he is directly across
the road from the mining site. When they were building their home,
Central Electric Cooperative wanted to install light poles but they
could not because that area is in a scenic corridor. Lady Bird
Johnson came up and donated money for this. At that time, he was
made to pay $10,000 for underground lines in order to keep from
impacting the scenic value. He felt that to have this mine would
be a violation of the scenic corridor rule imposed against him
earlier. He stated that this is actually a 28- or 29-acre site,
not a 40 acre site. He asked that the quantity be clarified as
there were conflicting reports. The site has been abandoned, but
was used sporadically to maintain logging roads during the Brooks-
Scanlon period of ownership. He stated that he owns The Farm
subdivision, and he has recently sold most of lots as building
sites. There are lots of homes immediately adjacent to this small
mining area. He felt that to mine it would create a lot of
conflict in the area and that the roads would create a hazard. He
contacted Tim Blixeth about purchase of the property for a
homesite. He does not have a firm offer in, but it is his intent
to purchase it as he believes Mr. Blixeth intended to sell.
Rick Amonson, 295 SW Roosevelt, provided some historical background
on this site. While employed by Century West Engineering, The Farm
subdivision was one of his projects. That site was used for cinder
hauling and construction of logging roads. The last use was in the
early 1970's.
There was no further testimony offered on this site.
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Site 298
George Read gave the staff report. This is a 40-acre site owned
by Crown Pacific and leased by Brooks Resources. It contains an
estimated 1.4 million cubic yards of resource. It is an existing
site that was mined in the past. It is located in the Tumalo
Winter Deer Range and within the landscape management combining
zone. Staff had recommended that the use be allowed. The site
contains fill material. It is contiguous to Shevlin Park on the
southeast. The Planning Commission had not changed that
recommendation.
Chair Prante called for proponent's testimony. Ted Young, Crown
Pacific, stated that the purpose of the site was to provide an
economical source of bedding materials for the utilities being
installed in the Awbrey Butte subdivision. They may use a screen
at the site for processing.
Chair Prante called for opposing testimony.
William Robbins, 63120 Johnson Road, stated that he is representing
himself and seven other people in the area. They are opposed to
placing a crusher at the site. He noted that the site adjoins
Shevlin Park, and expressed concern about possible expansion of the
site. He brought a large cinder in, saying that was in the road
and part of what is used for road maintenance. They had complained
about the condition that the contractor left the road in and in
response to that this material was placed on the road. He felt
these large cinders had been placed there in retaliation for their
complaints. He stated that there is debris left by the mining
vehicles because the road is in such rough shape. He stated the
road he had been talking about is the Bull Springs Tree Farm road.
Site 351
George Read gave the staff report. This is a 19-acre cinder site
owned by Patrick Gisler, estimated to contain 150,000 cubic yards
of resource. Identifed conflicting Goal 5 resources include open
space and fish and wildlife habitat. Staff had recommended SM
zoning with the standard conditions. There were no changes or
additional conditions in the Planning Commission's recommendation.
There is a DOGAMI permit on file for this site. The site is
currently zoned SM.
Chair Prante called for proponent's testimony.
Patrick Gisler, 898 Riverside, Bend, stated that this site is about
50 years old and there has been about 500,000 cubic yards removed
from the site to date. He estimated that there was over 150,000
cubic yards remaining at the site. There has been very little
mining since 1980, with no more than 2,000 cubic yards removed in
the last decade. The site has had portable screening and crushing
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equipment on it for periods of less than 30 days. He stated that
the pit is being used less and less. He stated that most of the
activity now is people stealing pickup loads of cinders from it.
The site is in three taxlots, but the north taxlot doesn't have
significant cinders and should no longer be zoned SM. Commissioner
Throop asked for documentation about the intermitent use of the
crusher. Mr. Gisler responded that there is physical evidence in
that there are crushed cinders on the site. He stated that the
last time they used a crusher on the site was about 1980 or 1979.
Mr. Gisler stated he thought the site should be reclaimed and
developed into homesites since the land has no agricultural value.
Commissioner Maudlin asked if he would object if it were to be
zoned EFU or RR-10 with the condition that there be no more
crushing or mining in the area. Mr. Gisler responded that he
doesn't have any interest in mining it but he has offered the
property for sale as a source of cinders. There was some
discussion about the future potential use of the land for either
mining or residential development, but no alternative zoning
designation was agreed upon.
Chair Prante then called for opposing testimony.
Barbara Bagg, 66101 Gerking Market Road, Bend, stated that this
site has been there for a long time and she wouldn't object to
mining it if there were a site plan required and a reclamation plan
required to obtain the zoning designation. She described the
characteristics of the area. She recommended that a definition of
"historic use" be established. She noted a serious turn problem
on the access road which presents a hazard.
Judy Tracy, 19525 Inns Market Road, asked if they could negotiate
with the owner to abandon his right to SM zoning through the
grandfather clause. She also felt the use would present traffic
safety hazards and suggested reducing the curve speed.
Rob Robbins, Sandra Ackley, and Joanne Shook all stated their
concurrence with the previous testimony.
Clemie Rheinhardt, 61755 Fargo Lane, stated she owns property on
Innes Market Road and asked how historical use was established.
Ms. Green explained that the owner is asked to provide information
at the time they register the use as a pre-existing use and
conflicts are resolved. This is a public process. They will rely
upon the code enforcement officer and neighbors to let them know
if information is not correct.
Lilly Hillberner stated her concurrence with the previous
testimony.
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Site 444
George Read gave the staff report. The site is located on Stenkamp
Road north of Ranch Acres and is owned by Central Oregon Irrigation
District (COID). The site contains an estimated 40,000 cubic yards
of fill material. They had found a notification problem on this
site and recommended that the hearing be kept open until August 22.
They have received a petition with 67 signatures opposing the
change from EFU-40 to SM zoning.
Chair Prante called for testimony from proponents.
Ron Nelson, Secretary/Manager of COID, came forward. He stated
that the district will withdraw this request and perhaps trade the
property for another parcel of more use to the district. He stated
that this site has never been opened that he knows of.
Chair Prante called for opposing testimony.
Dolly Moss, 63024 Terry Drive, Harmony Hills, came forward as a
spokesperson for the neighborhood. She felt that after reading
the appraiser's report he must have appraised the wrong parcel.
The description that appears is that of BLM land in another
location. She stated that the subject property has no roads and
no sand in the middle. She was concerned about traffic hazards on
Stenkamp Road, noting that schoolbuses run on that road and the
road would deteriorate as a result of truck travel. She noted that
the road is only an oil mat and not pavement. She stated that
there are 19 property owners north of the site within a quarter
mile who own parcels five acres and smaller.
Jean Lyon, 6795 Stenkamp, stated there are more than just 19 and
more than the one house referred to in the staff report.
Cindy Matheson, 23725 Cindy Court, stated they have all seen deer
and other wildlife on the property including coyotes, porcupines,
and chipmunks, and they are concerned about dust. One of the
neighbors is allergic to dust and horses and cattle can't eat dusty
grass.
Rebecca Aldrich stated that they live within one half mile and did
not receive notification.
Chair Prante stated they would leave this hearing open until August
22. At this time the meeting recessed from 9:10 until 9:20 PM to
circulate the signup sheet. Chair Prante restated the purpose and
procedures of the hearing and called for conflicts or challenges.
There were none.
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Site 313
George Read gave the staff report, showing the location of the site
on a map. This is a 120-acre county-owned site with an estimated
120,000 cubic yards of aggregate resource. Identified conflicting
Goal 5 resources include open space, fish and wildlife habitat, and
scenic views. Staff had recommended SM zoning with processing to
be allowed on site.
Chair Prante called for proponent's testimony.
Larry Rice, Public Works Director, stated that he understands the
county has an arrangement with COID to use a portion of the site.
He supports the Planning Commission's recommendation and findings.
He stated the site will be a minimal use site for pea gravel
resources. This is a pre-existing site on 40 acres so it would be
grandfathered as long as the scope and level of activity were not
to be expanded. The resource meets ODOT specifications and will
be used primarily for shoulder work. They don't crush it and would
not bring a crusher in. They do not plan to expand the use.
Ron Nelson, COID, stated that COID deeded that 20 acres to the
county and retained about 140 acres in the same area. They will
hear that portion under site 446. The county only owns 20 acres.
The irrigation district has sold material out of there and they
use it for their own consumption, they have not sold much out of
it.
Frank Speaker, 25261 Alfalfa Market Road, indicated he had
submitted two letters and a petition with 48 signatures for the
record. He objected to the noise and pollution from mining and
road deterioration due to constant heavy truck traffic. Most of
the neighbors are retired or farmers, so they are home when the
noise would be at its peak. He felt that mining would destroy the
area's livability. He noted the presence of a 2.5 acre marsh in
the area that contained Canadian geese, yellow-headed blackbirds
and other wildlife and is known to birders. Surface mining would
impact that wildlife. He stated that Bob Scoby had discovered two
stone ovals and what appeared to be a very old stone hunting blind.
He had discussed the ovals with Professor Keith Clark and read
aloud Professor Clark's letter in response. The ovals were found
on site 313.
Ron Nelson stated that they anticipate maintaining their historic
levels of activity which will mean more ground will be opened up
but they won't increase activity levels. What has occurred at the
site so far has been over a 40 year period.
Larry Rice stated they view this as a holding area for the future.
They have no immediate plans for large extraction in the future but
they don't feel it's appropriate to not maintain this ability.
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Joanne Booser, 22285 Walker Road, said she opposes rezoning this
area from EFU-40 to SM. She stated that the historic use has
practically been invisible and there hasn't been any activity there
and asked where the extraction had been made. She stated that the
site had not been used in some time. She stated that there had
been very minimal use of the site in the past. She noted her
neighbors were also opposed. Her 40 acres borders site 313 and
they have a commercial rabbitry and poultry operation on their
property. These animals are sensitive to noise and dust levels,
and she felt the activity would negatively impact her farm
operation. She stated that she is also a professional musician and
needs the quiet. She was also concerned that the quality of the
irrigation water in the area would become affected. Dust in the
air is a known health hazard, especially to one of her close
neighbors who recently had a lung operation. She volunteered to
help the Planning Department to identify all the potential sites
on BLM land. Ms. Green briefly explained BLM's policy with regard
to the use of these materials.
There was some discussion about which site was which. It was
established that site 313 was the county-owned site that has had
minimal use.
Mr. Speaker submitted some photographs of site 313.
Mack Rimmerling stated that he had purchased two 40 acre parcels
in the area for the same reasons Ms. Booser had described, clean
air, clean water, privacy and quiet. He was opposed to mining the
site and was concerned about the grandfather clause and felt there
should be more detail before the owners were allowed to proceed to
mine under that authority.
Alvin Fink, 25345 Walker Rd., stated he owns 20 acres right next
to the site and he concurs with previous testimony in opposition.
Janet Hyatt, 25345 Walker Rd., noted that use appears to be quite
minimal and she doubted that 64,000 cubic yards of material had
been hauled out of the site.
Connie Fitzmaurici, 25285 Walker Road, said that this site is in
her backyard and she concurs with her neighbor's previous
testimony.
Site 355
George Read gave the staff report. This is a 20-acre site owned
by Cascade Pumice containing an estimated 750,000 to 1,000,000
cubic yards of pumice. Identified Goal 5 conflicting uses are open
space and fish and wildlife habitat. Other conflict uses are rural
residential development. Staff recommended allowing subject to
conditions and to allow processing on site.
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Chair Prante called for testimony from proponents. There was none.
She then called for testimony from opponents.
Dick Northon, 19273 Tumalo Reservoir Rd., showed the location of
his family's residence on the site map. He stated the site has
been mined for many years. He met with the plant manager at
Cascade Pumice who said that the tests showed that the materials
were not of the quantity or quality to meet the requirements for
pumice mining and they don't expect to ever mine the site in the
future. Based on that discussion, he had purchased their property.
He was concerned about the noise impacts which have increased
steadily over the years. Trucks are in and out every five to eight
minutes all day long. They start their equipment up at 6:00 AM.
Chronic dust is created. He has a degree in public health and some
background in geology and knows pumice, or silica, dust to be
extremely unhealthy when breathed into the lungs. He stated that
pumice dust is much more dangerous than dirt or gravel dust. It
is a very fine particulate matter than can travel for many miles
when airborne. During the times of year when mining is taking
place, spring, summer, and fall, the prevailing winds are blowing
toward their residence and they experience a constant fallout of
fine pumice dust. He submitted some photographs of the dust which
is so thick that it completely obliterates the view (shown in
another photo). He felt that strict restrictions should be placed
on mining methods, using more water to control dust. He asked that
severe noise and dust abatement measures be required.
Martin Warbington, 19345 Tumalo Reservoir Road, stated that he has
a degree in environmental health and is also a veterinarian. He
was concerned about compliance. He noted the wind causes the dust
to boil out of the site on a daily basis, and a dust plume is
visible from the site for miles. Reclamation doesn't seem to work
on these sites, nothing is growing on the reclaimed areas. His
domestic water comes from a spring which may be affected by this
use.
David L. Davidson, 19155 Tumalo Reservoir Road, stated that the
site is about 15 feet below the grade of the adjacent land. He
was concerned about the effects on groundwater. He stated that
when he bought his house he was told that mining would only
continue for another year at the most. He was later told that
mining would resume and go on for several years. Tumalo Irrigation
District (TID) was told that mining would be complete by the mid-
19901s. 680 acres are owned by TID and leased to Cascade Pumice.
They were told that mining would soon be completed in the whole
area. Now they are hearing that is not the case. His house
actually shook when they were mining and he is not sure of the
long-term impacts this will have on his house. He noted that this
is an eyesore along the road that berms will not be able to shield
because it lies below the road grade.
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Dan Kearns, 63950 Tyler Road, Bend, stated they have formed a
committee of area residents opposed to this use. He stated that
he represents 600 people. They are opposed to the expansion of
the use and SM zoning of the site. He lives one half mile away,
and can hear the trucks start up at 6:00 AM. The name of the
committee is the Committee for the Preservation of the Natural
Beauty of Tumalo Reservoir.
Ken Johnson, 64144 Tyler Road, stated that they are new to the
area. He attended a previous hearing by the Board on this site,
and noted that there had been concern by the Board about the truck
noise. He was concerned that the county would not be able to
control noise and dust effectively. He noted that DEQ enforces
these and there has been some unhappiness with the level of
enforcement of those rules.
Chuck Clark, manager of Cascade Pumice, stated that he didn't have
any time restrictions. He felt there was some confusion on these
sites, and he offered to meet with anyone at any time to discuss
this. He stated that at this time next year the whole area will
be reclaimed, and that they have received awards for outstanding
reclamation from the state. He acknowledged there had been some
strong winds and resulting dust, but they run a water trailer eight
to ten hours per day to settle the dust. He stated that a buffer
strip would remain unmined along the roadside. Only about 20 to
25 acres out of the 40 will be mined because of some of the hardpan
in the area. They will be mining away from the road. Of the 120
acres, there is probably less than 50 acres that will be mined.
He stated that they have been in section 35 for about six years,
but are not actively mining it now.
Jan Kaley, 19251 Tumalo Reservoir Road, stated that her residence
is right on the corner across from the old mining site and a couple
of the newer ones. She is concerned about the dust, as her horses
have experienced several different respiratory symptoms. She felt
that if her animals were affected, it was reasonable to expect that
people were also. She was also concerned about the visual impacts
on the beauty of their area. She had been reassured that a buffer
would be in place and that the old homesite would not be mined.
She was concerned that Tumalo had been overly exploited for its
mineral resources and that the reclamation would not be
satisfactory.
John Kaley, 19251 Tumalo Reservoir Road, was concerned about the
dust, impacts on property values and wildlife. He has a six-year-
old son and has seen more and more children moving to the area and
he was concerned for their safety while riding schoolbuses.
Site 447
George Read gave the staff report. This is a 40 acre fill material
site owned by COID located near Ten Bar Road. Staff had
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recommended SM zoning with the standard conditions, and to allow
processing on site. Chair Prante called for proponent's testimony.
Bob Anderson, Assistant Manager, COID, said that this is the
remainder of a pit they have used for approximately 15 years as a
dirt supply for the repair of canal banks. They estimated there
are 2,500 cubic yards of material remaining. They are willing to
work with the neighbors in whatever way they can.
Chair Prante called for opposing testimony.
Buck Davis, 61730 Ten Bar Road, showed the location of his ten
acres on the site map. The driveway to his house goes by the
existing pit which is about an acre to an acre and a half in size.
The total piece is 40 acres, so mining could expand considerably
if the entire parcel were to be zoned. He stated that he is not
opposed to the mining that has been going on, but he doesn't want
to see it expand greatly. He noted that it is a very dusty area
and the mining activity could seriously affect the quality of life
in the area. He stated that to take the top off of the entire 40
acre parcel could lay waste to what is a very pretty area. Mr.
Andersen stated that the pit would not be enlarged.
Dale Turner, 61785 Ten Bar Road, expressed concerns about the dirt,
dust, trucks, and environmental impacts, as well as access. He
asked if they would access the parcel from Highway 20 or from Ten
Bar Road.
Site 273
George Read gave the staff report. This is a county-owned site
near Fryrear Landfill estimated to contain 100,000 cubic yards of
aggregate resource. Staff had recommended SM zoning with the
standard conditions.
Chair Prante called for testimony in favor.
Larry Rice, Deschutes County Public Works Director, stated that
sites 273, 274, and 275 are all the Fryrear sites and they will do
them all at once. He showed the location of each site on the map.
On site 273, there are nesting golden eagles. The Century West
Engineering Report stated that this was a difficult site to mine
and they recommended not mining the site. The department would not
propose to mine site 273, but confine mining activities to site
275, which has been mined in the past. They will hold site 274 for
potential storage of rock. The site was mined for years previous
to becoming a landfill. They have not done any rock extraction
since the county has owned the property that he knows of. He noted
that the site would probably qualify as a grandfathered site, so
they could maintain historic levels of activity. On site 275,
where they want to mine, they are looking at crushing there
approximately once every three years. In summary, 273 will not be
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mined, 274 will be used for storage, and 275 will be used for
mining and storage. The eagles' nest is just north of site 273 and
274.
Chair Prante called for opposing testimony.
William Boyer showed the site location on a hand-drawn map he
submitted. He also showed photos of the area showing the eagles'
nest. He stated that the historic Sisters/Redmond Road goes
through the area. The Historical Society would like to have this
preserved. He noted that deer winter in the area. He felt that
this was one of the most beautiful canyons in the county and the
tradeoff was too great for the relatively small amount of gravel.
Judy Bell, 17530 Forked Horn Road, was concerned about traffic
safety due to the truck traffic.
Tygh Redfield, 68860 Goodrich Road, concurs with previous testimony
regarding the eagles.
Site 324
George Read gave the staff report. This is 309 acres on Lower
Bridge Road. It is owned by the Department of Veterans Affairs
and is estimated to contain 490,000 cubic yards of aggregate
resource. Staff had recommended allowing surface mining with the
standard conditions and processing allowed on site. The property
was zoned SM about seven years ago.
Chair Prante called for proponent's testimony.
Evelyn Edwards, Oregon Department of Veterans Affairs (ODVA),
stated that she wasn't aware of this pending action until Monday.
She has not been able to go and see the property yet, but she
recommended that it retain its SM zoning. When they sell the
property, the department will maintain the mineral rights. It is
their policy to retain mineral rights on any property over ten
acres in size.
Chair Prante then called for opposing testimony. There was none.
Site 375
George Read gave the staff report. This is an 880 acre site owned
by Central Oregon Pumice located 3.5 miles west of Bend on the
Cascade Lakes Highway. The site contains 290 acres of hard rock
and 590 acres of pumice. The rock is aggregate quality rock.
Staff had recommended SM zoning with processing allowed on site.
ODF&W had requested that seasonal operating conditions be imposed.
At this point, Chair Prante left the meeting due to illness. It
was 11:40 PM.
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Acting Chair Maudlin called for proponent's testimony.
William Miller, 527 NW Congress, Bend, stated that this is their
company's main operating site. Because of that, they do not want
the operating restrictions on the main site. He had received
consent from ODF&W to lift the restriction on this site, but not
on the new site. He will submit a letter from ODF&W to this
effect. He noted that they do not have DEQ hours of operation
restrictions since they are not near enough to any dwelling units.
He thought this may be there in error, it is the first site they
have had which mentions that restriction.
Site 448
George Read gave the staff report. This is a 40 acre site owned
by COID located on Teal Road. It is estimated to contain 6,000
cubic yards of fill material. Staff had recommended approval with
the usual conditions.
Ron Nelson, COID, stated that this site had been mined for dirt
only since 1968.
Celeste Emily, 61780 Teal Road, stated that she lives right across
the road from the site. In talking with the neighbors, they all
have a concern that there may be expansion of the existing site.
If the site is expanded it will cause dust and necessitate tree
removal. They don't want to see the site expanded.
Ron Nelson indicated that EFU zoning would be acceptable, since
that would still allow them to maintain historic levels of activity
which is all they want.
Site 475
George Read gave the staff report. He had received a letter
regarding the site which was in the file. The site is located
the MacKenzie Highway and Slater Road and is outside the landscape
management area. It is a 120 acre site owned by Deschutes County
estimated to contain 200,000 cubic yards of good quality cinders.
Staff had recommended approval with the usual conditions. The site
is just east of Sisters.
Larry Rice, Public Works Director, stated that there has been no
historic mining on this site. They are working toward the
preservation of good cinder resources. He asked that the Board
support the staff and Planning Commission's recommendation.
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Sites 382, 383, and 384
George Read gave the staff report. He showed the site locations
on the map and indicated that staff had recommended approval with
the usual conditions.
Bill Miller, Central Oregon Pumice, stated that there has been
historic activity on sites 382 and 383 which predates 1979. Both
of these sites are currently zoned SM. Site 384 is a reserve
pumice area that they have never mined. He doesn't have a patent
on these parcels, it is owned by the Forest Service. He has the
mineral rights through mining claims, but chose not to receive
patents, as he was only interested in the pumice. The Forest
Service has indicated to him that the county cannot zone this
property, but he wants to cooperate.
There was some discussion about the county's ability to regulate
this claim. Karen Green will research this.
Site 398
George Read gave the staff report. This is a 40 acre COID site on
Dodds Road estimated to contain 50,000 cubic yards of aggregate
resource. Staff recommended approval with the standard conditions
and to allow processing on site and the Planning Commission upheld
that.
Bob Anderson, COID, stated that they are looking at three taxlots
as one site and plan to combine the three sites. Site 398 has more
than one taxlot. He stated that the staff report description needs
to be clarified to add two taxlots. The three taxlots in question
are: 18-14-04 taxlot 200; 18-14-08 taxlot 300; and 18-13-09 taxlot
601. There was some further discussion about the actual
description of the sites. Because of this, it was decided to hear
this on August 22nd and the record will be left open on this site
until then.
Mr. Anderson stated it is the district's intent to restrict the
use of 398 to maintenance of the canal system solely. They will
sell no material. They would like to have on-site processing
permitted. 18-14-08 taxlot 300 was operated prior to 1979.
There was considerable discussion about the confusion on the taxlot
identification. Mr. Read stated that a metes and bounds
description may be necessary since there was an error with the
taxlot ID number.
Mark Kimmerling, property owner on Dodds Road, stated that he is
concerned about 398 and 313 being commercially mined. He is
opposed to commercial mining activity at either site. He had no
objection to the irrigation district using the material for canal
maintenance.
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1 00 - 1099
Ron Nelson stated that the district does lease this parcel for
grazing purposes as well.
Adjourn
There was discussion about possibly postponing hearings on the 30
additional files on the docket this evening since there were no
members of the public present to testify. It was agreed to delay
the remaining COID sites until August 22nd. Commissioner Maudlin
announced that they would continue all the scheduled sites that
were not covered at tonight's meeting until 10:00 AM, Wednesday,
August 9 in this same room. The meeting adjourned at 12:25 AM.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Chair
ss
/C"ommissioner
/ss
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