Loading...
1990-01381-Minutes for Meeting August 21,1989 Recorded 1/11/1990too - 1116 90-01381 DESCHUTES COUNTY BOARD OF COMMISSIONERS SURFACE MINING HEARINGS t August 21, 1989 r Deschutes County Administration Building ,ti11GROFiLiWEQ y 6:30 PM Call to Order Chair Prante called the meeting to order at 6:32 PM. Commissioners Throop and Maudlin were also present. Staff members present were Karen Green, Community Development Director, and George Read, Planning Director, and Sue Stoneman, recorder. Public Hearing Chair Prante outlined the purpose and procedures of the hearing. She then called for declarations of conflict or prehearing contacts or challenges. There were none. The order of the hearings for each site was announced. Site 381 George Read gave the staff report. This site is located south and west of Deschutes River Woods subdivision on the end of Cinder Butte Drive. It is a 50 acre site owned by Pieratt Brothers and contains an estimated 50,000 cubic yards of good quality cinders. The site is presently zoned SM. Mining has occurred since prior to 1972. This site has an approved DOGAMI site and reclamation plan. Identified conflicting resources are open space, fish and wildlife habitats, and rural residential. Over 700 public notices were sent on this site, which is more than any other site. Staff recommended that mining be allowed with conditions. He noted that there were a couple of letters of testimony in the file on this site. Commissioner Throop gave some background information on the "grandfather" laws. Chair Prante called for proponents, testimony. There was no neutral testimony offered on this site. Tom Pieratt, 21350 Stevens Road, stated that he is the property owner. This is a grandfathered site. He stated there was some mistake in the estimated amount of resource remaining, he estimated a more accurate figure would be from 250,000 to 300,000 cubic yards remaining. They keep the annual permits current and the reclamation bond posted. It is a currently operating pit. The rarely operate on the weekends. He stated that operations are out of view of Kiowa or Minnetonka Lane, but sometimes the equipment is visible, but that is minimal. In 1987 they removed 16,587 cubic 1 1117 yards from the site, about 10,000 yards of cinders and about 5,000 yards of pumice. In addition to the 250,000 to 300,000 cubic yards of cinders, there are several million yards of pumice, but it is not a commercial grade. In 1988 they extracted 18,252 cubic yards of cinders and pumice. In the last nine months, they have taken 9,204 cubic yards. Prior to 1979, there were probably 25,000 to 28,000 cubic yards of material removed annually. He stated that this would not be an expansion of their operating levels. They use the pumice for water line and trench line backfill. They have installed a water hydrant and hose to wet the road for dust control. Since 1979 the activity has been the same or less than prior to 1979. All of the activity should be considered grandfathered activity. He has records to support this. Cinder sales were reduced when the city and county reduced their use of them. He felt that sales would hold a steady level but doesn't anticipate any increases in use. He has a crusher on the site that is almost noiseless and dustless. He stated that it cannot be heard from the road. Chair Prante called for opposing testimony. James Ray, 60059 Minnetonka Lane, stated that he owns two lots adjoining this site. The operation is currently 250 to 350 feet away from his property. He asked if there was any buffer zone required between other property. He stated that since the first of April they have been coming closer to Minnetonka extracting all topsoil, there are no cinders there. Before the first part of April, they had not had any problems with dust. The cinder mining doesn't create a dust problem and he can hardly hear the operation. He stated that dumping is occurring at the gate to the site. He stated there is a pump but no hose on it. On the site itself are 10 to 12 used gas tanks and ten acres of stumps, logs, and wood debris and sagebrush that has been hauled in. He was concerned about the fire hazard this created. There is also used concrete, asphalt and an abandoned dump truck. The site is frequently used for target practice and motorcycle riding, which creates a dust problem. Kids drive up there at night. The trucks also create dust. There are three access roads into the site. He stated that he was not in opposition to the site itself. Commissioner Throop asked Tom Pieratt if the site was being used for dumping purposes. Mr. Pieratt responded that it was quite a few years ago, there were a lot of old stumps and brush dumped there many years ago. They have disposed of some rock and concrete there, but not stumps. They will get rid of it eventually. He noted that the trucks do create some dust, but he can cinder that part of the road to control dust. There is no water hose there because kids steal it so they take it off every night. They will not get too close to Mr. Ray's property because there is no material there. He estimated they still had eight to ten years of operation at the site. Commissioner Throop asked if there was any 2 IOrJ -1118 way to secure the site. Mr. Pieratt responded that it would be difficult to patrol or to fence. David Lubbock, 20624 Brietenbush Lane, asked about the reclamation bond and how much it is in proportion to the cost of reclaiming the land. Mr. Read stated that only two acres are subject to reclamation and the bond is for $1,000. Dan Flannery, 60172 Crater Road, asked if the site would go no further than the boundary shown on the map. He was concerned if it were to come any closer to his property. The SM zoning will include the entire taxlot shown. The property will be subject to site plan review, which will include buffering requirements. Mr. Pieratt stated that his property is quite a distance from this operation and he doesn't expect to get that close. He wants to develop this property into lots someday. He stated that the reclamation bond is for $2,500. There was no further testimony on this site. Site 377 Chair Prante called for declarations of conflict or prehearing contacts or challenges. There were none. George Read gave the staff report. He stated the location of the site was unclear from the notice. Mr. Miller had brought in a map that showed each of the sites in better detail. All of the rest of the sites on tonight's agenda are Mr. Miller's sites. This site is located 3.5 miles west of Bend and is currently zoned SM. The site is located within a wildlife area combining zone and in a landscape management combining zone. It is near the highway and the river. Each side is listed as 440 acres in size. It contains an aggregate resource estimated at 280,000 cubic yards of good quality material. There is also an estimated 1,000,000 to 5,000,000 cubic yards of pumice on the site. There is also 300,000 cubic yards of hard rock on the site. Staff had identified conflicting Goal 5 resources as land needed and desireable for open space, fish and wildlife areas and habitats, and outstanding scenic views. Staff had recommended SM zoning with conditions, which was also the Planning Commission's recommendation. This property is within the national forest and is a non-patented mining claim. Mr. Read stated there was some question about the ability of the county to regulate mining activity on federal land, but the county has agreements with BLM and the Forest Service stating that they will consider the county comprehensive plan. He stated that the Planning Commission assumed these were patented claims, but they have now found they are not patented, so there is now some question about whether the county has any authority to regulate these sites. Chair Prante called for neutral/agency testimony. There was none. She then called for proponents' testimony. 3 1 00 - 1119 William Miller, president of Central Oregon Pumice, came forward. He noted that he had been cooperative and provided all the information requested by the county, and they have stated in numerous letters submitted to the county that these were non- patented mining claims. He has no activity occurring on these sites, but does have some operations to the north. He outlined their general operation and gave some information about pumice. He stated that pumice is a rare commodity, and less than nine percent of this acreage is commercial pumice. If this acreage was solid pumice, this would be the largest industry in Bend. He stated that it is an excellent building material. He stated they could increase their business ten times if there were enough material. They have been operating at this site since 1948, and none of their operations have been close to the road. Since they began operating in 1948, they have had practically no complaints. He is also concerned about wildlife and stated they would not destroy any scenic views. They do have pumice close to the road, but they have chosen not to mine that. They have also stayed away from the river and plan to continue to do so. Their company has received awards from the Soil Conservation Service, the Forest Service, and BLM for their stewardship of the land. Last year they received the DOGAMI reclamation award of the year. He stated they will not damage any sensitive areas. With regard to wildlife, he felt the wildlife liked this use. The deer used to watch their trucks go by and they graze in the reclaimed areas. He stated they used to feed coyotes out of their hand. When they started these claims, Century Drive was only a dirt road. He talked about the unpatented mining claims, saying as soon as they are finished mining, they will turn the land back to the Forest Service. They will not even be close to the plateau above the river and they did not ever intend to be near the river. There was no further proponent testimony. Chair Prante then called for opposing testimony. Bob Naidis, 60677 Riverbend Drive, stated that he represents about ten people on Riverbend Drive. They overlook the site from across the river. They are most worried about sound, they can now hear traffic from Century Drive. He was also concerned about hours of operation. They are retired and they would hear it seven days a week. He thought they would see some of the operation if they mine the plateau. He noted the presence of elk herds that winter in the area that would be affected. He thought this use would keep them from coming back. He was also concerned about dust in the river. He noted their property taxes had recently been raised, and had they known of this proposed use they probably would have protested. He asked that if they are not going to be mining this, it should not be zoned. He was concerned that if it changed ownership the intentions for this property could change. Karen Green explained that unless they have a legal description of the specific site, they zone the entire taxlot. 4 1 00 - 1120 Nancy Mills, 61051 Sunrise, stated she was representing the owners association in Sunrise Village and as owner of a six acre lot near Jack LewisIs property. She stated that the use of the area and the development has changed since the time these permits were taken out. They know that the mining could expand around them, but they feel that present development trends should be considered and allow the residential development to proceed instead of the mining. She noted that pumice is an increasingly valued commodity, but so are homesites. She noted that the prevailing winds are from the southwest, which will carry noise and dust from mining toward Sunrise Village. She was concerned about preserving the highway as a scenic and recreational route unaffected by mining. She thought the trucks would create a safety hazard for bicyclists, pedestrians and roller bladers. She was also concerned about access and operating hours. She stated that they would prefer the activity not occur at all. Bob Fister, 20532 Klahani Drive, stated that he owns a lot in Sunrise Village. He asked where the site was in relation to Sunrise Village. Brad Evert, 61165 Riverbluff Trail, Sunrise Village, came forward to get clarification of the location of their house in relation to the site. Their house is one half mile from the Entrada Lodge, so it is one mile or less from the closest boundary of the mine site. James Wall, Sunrise Village, came forward. He stated that he is a frequent user of the river in the area. He fishes above Sunrise Village. He stated his concurrence with Nancy Mills' testimony and expressed concern about noise and dust. He was also concerned about the effect on wildlife habitat along the Deschutes River, particularly reproductive habitat for trout. Commissioner Maudlin asked when he moved to Sunrise Village. He had moved there in March of 1986. Russ Reed, 19500 Sunshine Way, stated that he owns two lots in Sunrise Village. He concurs with Nancy Mills' testimony and noted the impact of trucks on the recreational traffic along Century Drive. He stated he had not received notice of the hearing. He spoke about the recreational value of the land, he often uses the area for running, hiking, biking and skiing. He felt there would be impacts on wildlife and recreation. Pat Ryerson, 60773 Riverbend Drive, stated the have three lots in the area, the first one purchased in 1976. She asked what assurances they had that the Forest Service would carry out the regulation and controls of the county. The response was that there are none. She noted past problems with fire protection in the area and reporting campfires. They couldn't get anyone to take responsibility for the land. She indicated she had been told when they purchased their property that land had been set aside for 5 (00 - 1121 wildlife winter range. She asked that it not be zoned SM because of the noise, dirt, and cyclists. Brad Evert, one of the owners of Entrada Lodge, noted that their zoning wasn't listed on the surrounding zoning on the staff report. They have 20 acres zoned CL adjoining the site. They have built on five acres, and have 15 in reserve for future development. He stated his opposition to the SM zoning because the scenic value of the area is irreplaceable. They have deer coming into the lodge area. He didn't think the mining would scare the deer off, but he did think it would scare the elk away. He stated that this would affect all the neighboring developments, and asked that commercial value be considered. He stated that future development planned by the Bobosky's and the Inn of the Seventh Mountain will add to the resort value of the area. Commissioner Throop asked what his recommendation was. He responded that he would hate to see them dictate anything to Mr. Miller since he's been paying for the mining rights, and he thinks that Mr. Miller will do what he said and use other sites if there are conflicts, but he suggested using a site other than site 377. He stated that if Mr. Miller does want to use that site, he would like to reserve input of a possibly stronger adversarial nature at that time. He asked that this be kept on a reserve status, he felt it should be zoned for forestry rather than surface mining. Jack Lewis, 19225 Century Drive, stated that he was also concerned about noise and dust being carried by the wind. They have nine acres, and their home is closest to the site. He noted that the wind comes from the direction of Mount Bachelor, and most of the 440 acre site is in the path of the wind. Their house is about 270 feet from the site boundary. He was also concerned about wildlife. He stated that if anyone was going to mine it, they would want it to be Central Oregon Pumice. Bill Baer, 60709 Riverbend Drive, stated that he would take Bill Miller's word on anything, but he is concerned about the site near the river being mined by Mr. Miller's successor at Central Oregon Pumice. He wanted to make sure this stretch of river would be protected. Nancy Mills asked at what point it would be determined who had authority over this land use. Karen Green responded that she would research this and that it depended upon an interpretation of federal law. She would make that decision within the next week to ten days. She suggested contacting George Read after that time. Don Grosh, 60615 Riverbend Drive, stated that he was sympathetic to Mr. Miller but did not think this should be approved. He had reviewed the staff report, and felt it contained more reasons not to approve the site than to approve it. He had also reviewed the county ordinance and asked that the Board delay a final decision until this could receive a more indepth public review and comment. 6 A0 - 1122 There was some discussion in which the public process was explained and the background of this ordinance. The deadline for submitting written testimony is Monday, August 28th at 5:00 PM. It was noted that this public process continues on into the state level. Bob Kruger, 61158 Riverbluff Trail in Sunrise Village, asked how long this operation would take to complete. William Miller came forward to answer questions. Commissioner Throop asked about releasing mining rights. He responded that he had relinquished all rights for the Inn's golf course without compensation. With regard to being regulated by the Forest Service, he stated that he would notify everyone when they submit their plan. He stated that they would work something out, and if they can't, they won't mine it. He stated that he has a heritage in this country and would not do anything to harm it. He noted that they are also controlled by DOGAMI and must file a reclamation plan. He did not think there would be a dust problem. They used to operate one block from the city limits and received no complaints. He felt they could operate there with no problems. There will never be processing on the site, they will haul it to their plant on 9th Street near the high school. He stated that the elk go right by their mine now. He stated that people with guns are what bother them. He stated that the wildlife like the mining operation. He submitted some photographs. Commissioner Throop asked how many years he thinks they will be on the site and when their reclamation plan would be complete. Mr. Miller responded that it might be ten years before they go in and mine this site. He will cooperate with the ODF&W and close during the winter months. Commissioner Throop asked that he submit a description of the area that he wants to mine and that he wants to have zoned SM. Mr. Miller stated that only about nine to ten percent of this land is minable pumice. Of the 440 acres, he thinks he will mine 44 acres at a time. He agreed to submit a plan. He noted that where they mine they create a fire block. Before they create a plan, he stated they would meet with everyone to get their input. Because of the trees and natural barriers, he did not think noise and dust would ever be a problem. When asked about making sure these agreements will bind any subsequent management of Central Oregon Pumice, Mr. Miller responded that Central Oregon Pumice is a corporation, and any agreements he makes will bind the corporation. In response to a question about frequency of truck traffic, he responded that they only run three to four trucks back and forth, about one every 20 minutes, and they go over the Colorado Street bridge to 9th Street. Chair Prante again announced there would be one more week to submit written testimony. 7 X00 -1123 Site 378 Chair Prante called for declarations of conflict or prehearing contacts or challenges. There were none. George Read gave the staff report. This site is located 3.5 miles west of Bend. It is north of Century Drive and is zoned SM and SMR, located in the wildlife area combining zone. It is a 480 acre parcel owned by Central Oregon Pumice and contains an estimated 1,000,000 cubic yards of aggregate and 1,000,000 cubic yards of pumice. Staff had identified conflicting resources as open space, fish and wildlife habitat, and scenic views. Staff had recommended approval with conditions, allowing processing on site. The Planning Commission had also recommended allowing mining. The file contained no records on historic levels of usage. This is also an unpatented mining claim. Chair Prante called for proponents' testimony. William Miller, Central Oregon Pumice, stated that this is one of their primary sites with an excellent deposit which includes gravel and rock. Since this is one of their primary mining sites, they do not want ODF&W closure restrictions placed on it. There will not be a plant at the site. The site is off the road quite a distance and the site is sheltered from the Inn. He stated that part of the Inn's fire came into this claim. They do want to keep this site available since it is one of their primary sites and pumice is scarce. Chair Prante then called for opposing testimony. Russ Reed, Sunrise Village, asked if there were any plans to access the other claims from Sunrise Drive. He also objected to more trucks on Century Drive. Mr. Miller responded that the traffic would not be on Century Drive and that it is not a high level operation. There was no further opposing testimony on this site. Site 380 Chair Prante called for declarations of conflict or prehearing contacts or challenges. There were none. George Read gave the staff report. He noted there was an error on the notice map for this site. This site is directly south and west of the Inn. The map went out right but the appraisal report was wrong. There are approximately 50 residents within the Inn subdivision adjoining this site within 1/2 mile. The site is zoned SMR and is located within the wildlife area combining zone and a landscape management zone. It is a 120 acre site owned by Central Oregon Pumice and contains an estimated 500,000 cubic yards of good quality pumice. Staff has identified conflicting resources as open space, fish and wildlife habitats, and impacts on the Inn of the Seventh Mountain. 8 1 00 - 11 24 Staff had recommended that mining be allowed with mitigating conditions and the Planning Commission had adopted that recommendation. Conditions include seasonal closures. He also noted that this site has a total exemption as a prior mining site. Chair Prante called for proponents' testimony. William Miller, Central. Oregon Pumice, stated that this is a sensitive area and it is a secondary deposit they have not mined before. He stated that it is a good deposit close to the Lava Island area. They agree with the staff recommendation and they won't mine near the river. He stated that the staff report contained errors, and that the accompanying photo was in error. They will not do any processing on site. Chair Prante then called for opposing testimony. George Kenworthy, Cottage Grove, Oregon, stated that they bought some property on the Deschutes River in 1964 and he asked how far his property was from this site. George Read showed it for him on the map, it was well over a mile away. There was no further testimony on this site. Site 391 Chair Prante called for declarations of conflict or prehearing contacts or challenges. There were none. George Read gave the staff report. This site is presently zoned SM and is located on Tekampe Road. It abuts the urban growth boundary to the north. The site contains an estimated 500,000 cubic yards of good quality cinders. This is an existing 70 acre cinder pit that has been grandfathered by about 30 years. Staff had identified no conflicting Goal 5 resources at this site. The primary conflicts are rural residential developments. Staff had recommended approval with standard conditions including hours of operation. This site has not been in operation since 1950. The Planning Commission had adopted the staff's recommendation. Chair Prante called for proponents' testimony. William Miller, Central Oregon Pumice, stated that this was one of their oldest sites and was developed in the early 19501s. This material is normally used for concrete aggregate. He stated that some of the leading buildings in the northwest are made of this material, they have marketed under the name of Shalex. This site has been almost depleted, they are in the process of reclaiming it. They do have some more material to take out, however. He submitted a photo of an old plant they had at the site. The site is deeded land and not a mining claim. He stated they do have a good reclamation plan and they don't have any complaints anymore. Their operation has consisted of loading the material and hauling it 9 !.00 - 1125 away. These cinders will be used in little from it every year. There used removed. Now people to the east have remove some sandy soil when it's wet or problem. They do that in the winter. concrete, and they mine a to be a big butte they have a view. They will have to else they will have a dust Louisa Whitlock, 20612 Brightenwood Lane, stated that they bought a home there several years ago. This use has not disturbed them in the least because it will provide nearby open space for some time. She stated that this area provides some habitat for deer and other small animals. She noted that there has been steady development in the area but this site provides some remaining undeveloped area. She enjoys the view. Chair Prante called for opposing testimony. Becky Scott, 60606 Woodside, stated that she purchased there because she doesn't want neighbors. She had questions about how far they will mine toward her property because she was concerned about the danger of her horses falling into the pit. She asked about berming and trees to reduce dust. She also asked if there would be blasting on this site. She asked if the trucks would be running weekends and if there would be an on-site crusher. She asked if it would be filled as part of the reclamation work. She asked how much longer it would take to remove the remaining resource. David Lubbock, 20624 Brietenbush Lane, stated that he would like to see what has been reclaimed. He had some of the same questions asked by Ms. Scott. Anthony Ingalinera, 60401 Woodside Road, asked if DEQ would regulate the noise of "fake" brakes on the trucks and asked what hours the trucks would be using the roads. He was told to contact the Community Development Department for noise enforcement. He was concerned about truck traffic during commuting hours on business days. He suggested that trucks not be allowed on the road from 8:00 to 9:00 AM and 4:00 to 5:00 PM. Ryan Marfield, stated that they just bought a lot in the Raintree tract north of Knott Road. He submitted a letter of testimony that he summarized. He was concerned about dust from a crusher and an increase in truck traffic. He stated that most of Bend's residential growth is occurring toward the south and will eventually surround this site. He asked what the plans for reclamation were. He felt there must be more suitable cinder sites in less developed areas that would not interfere with growth and peace and quiet. William Miller came forward to answer questions. He stated they have a good reclamation plan on file which calls for berming around the perimeter and about 3/4 of that is done. They have also 10 [ 0 0 - 11.26 planted some trees. The east and south side will never go any further and the pit will not be expanded. They will go a little further west but not much. They will not do any blasting. They have one access and they will go out on Knott Road. They operated a crusher in 1958 but they don't plan to unless some big road job comes up. They agreed not to operate on weekends or holidays. There was no further testimony offered on this site. Adjournment Being no further business, the meeting adjourned at 9:52 PM. DESCHUTES COUNTY BOARD OF COMMISSIONERS L Bristo P an e, Chair y Tom Throop, Commissioner Dick Maudlin, Commissioner /ss 11