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. 1 100 - 1084 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. 2 r J !00 -085 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 3 IOu - 1086 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 4 100 - 1087 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. 5 100 - 1088 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 6 100 - 1089 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. 7 1 00 - 1090 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. 8 1,00 -1091 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. 9 1 00 - 1092 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. 10 NO - 1093 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. 11 1()() -1094 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 12 Iou °1.095 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 13 loo - 1096 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. 14 100 - 1097 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. 15 H10 - 1098 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. 16 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 4 17