1993-22011-Ordinance No. 93-028 Recorded 6/24/199393-22011
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCAftk§YtOUNTY, OREGON
An Ordinance Amending Title 18, (� 2`7-('Oi
the Deschutes County Zoning * V1 ,[ V
Map, Changing the Zone Designation * 96
`
from F-1 to SM on Certin Property
in Deschutes County, and Declaring
an Emergency.
ORDINANCE NO. 93-028
WHEREAS, tax lot 600 in Sections 20 and 21 of Township
22 South, Range 11 East, Willamette Meridian, is a 74 acre
tax lot zoned as Forest Use, F-1, under the County's Zoning
Ordinance; and
WHEREAS, Victor and Vicki Russell have proposed a Zone
Map Amendment to Title 18 to rezone the subject property from
F-1 to SM, Surface Mining, in the County's Zoning Ordinance;
and
WHEREAS, the Deschutes County Hearings Officer, after
review conducted in accordance with applicable law, has
recommended approval of the proposed Zone Change to Title 18,
the Deschutes Zoning Ordinance; and
WHEREAS, after notice was given and hearing conducted on
June 23, 1993 in accordance with applicable law, the Board of
County Commissioners has considered the Hearings Officer's
recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON ORDAINS as follows:
Section 1. That Title 18, the Deschutes County Zone
Map, as amended, is further amended to change the zone
designation for the subject property as more fully described
in Exhibit "A" attached hereto and by this reference
incorporated herein, from F-1 to SM.
Section 2. In support of its decision, the Board adopts
the findings and recommendations of the Hearings Officer,
attached hereto as Exhibit "B" and incorporated herein by
reference.
Section 3. This Ordinance being necessary for
immediate preservation of the public peace, health
safety, an emergency is declared to exist, and this
takes effect on its passage.
14CROFILMED
1 - ORDINANCE 93-028 Ty",
JUL 14:1993
the
and
Ordinance
DATED this ,13 day of June, 1993. 0127"0(77
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES OUNTY, OREGON
TOO T RO P, thair
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N Y POPE S GEN, Commissioner
ATTEST:
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Recording Secretary ` BARRY H. SLAUGHTER, Commissioner
2 - ORDINANCE 93-028
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EXHIBIT "B"
FINDINGS AND RECOMMENDATION 0127-0079
FILE NO.: PA -93-3, ZC-93-3 and SP -93-21
APPLICANT: Victor and Vicki Russell
15118 Fall River Road
Bend, OR 97707
REQUEST: The applicant is requesting a Comprehensive
Plan Amendment from Agriculture to Surface
Mining and a Zone Change from F-1 to SM. Site
plan approval of a surface mining operation is
also requested. The property encompasses
approximately 74 acres.
PLANNING STAFF
REPRESENTATIVE: David B. Leslie
BURDEN OF PROOF: The applicant must establish that the proposed
Comprehensive Plan Amendment, zone change and
site plan conform with PL -20 - the Deschutes
County Year 2000 Comprehensive Plan, Statewide
Planning Goal 5, Chapter 18.52 and Section
18.136.030 of Title 18 of the Deschutes County
Code, and Title 22 of the Deschutes County
Procedures Ordinance.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located at 17900 Finley Butte Road,
approximately 4 miles southeast of LaPine, and is identified
on Deschutes County Assessor's Map #22-11 as Tax Lot 600.
2. ZONE:
The property is zoned F-1, Forest, and SMIA (Surface Mining
Impact Area Combining). It is designated Forest on the
Deschutes County Comprehensive Plan.
HEARING AND EXHIBITS
The hearing on the above -referenced application was held on June 1,
1993, at the City of Bend Public Works Building. The following
exhibits make up the record in this matter:
A. Application;
B. Applicant's submittals:
1. Cover sheet information;
2. Surface mining zone change application;
PAGE 1 - FINDINGS AND RECOMMENDATION
File No. PA -93-3, ZC-93-3, SP -93-21
012'7-0080
3. Plan Amendment application;
4. Surface mining zone site report;
Exhibit A. Century West Engineering Corp. Quantity
Report;
Exhibit B. Century West Engineering Corp. Quality
Report;
Exhibit C. Map of Site No. 431
Exhibit D. Map of Cinder and Hard Rock Acres
Exhibit E. Aerial map;
5. Site Plan Report
Exhibit I. Formal application;
Exhibit II. Information for DOGAMI;
Exhibit III. Map of site;
Exhibit F. Rock Extraction Area Map;
Exhibit G. ESEE Report for Adjacent Site No. 432;
C. DOGAMI letter dated May 20, 1993 and accompanying
information;
D. Russell information regarding Site 431;
E. Century West letter dated February 15, 1993;
F. Statement is support of site plan application for Site
No. 431, and exhibits attached thereto; and
G. Staff Report.
CRITERIA AND FINDINGS OF FACT
The Hearings Officer hereby approves the Findings of Fact set forth
in the Staff Report, a copy of which is attached hereto as EXHIBIT
"A", and incorporated by reference herein. -
BASED UPON the foregoing Findings of Fact, the Hearings Officer
hereby recommends APPROVAL of Plan amendment and zone change. The
Hearings Officer also recommends APPROVAL of the site plan subject
to the following conditions:
1. Developer shall conduct all aspects of the mining
operation in conformance with the provisions of Section
18.52.110(A -P), General Operation Standards, of the
Deschutes County Code as described above in this Findings
and Decision. This approval does not specifically allow
for any crushing of hard rock material on-site (this may
be requested in the future).
2. Developer shall obtain approval of the reclamation plan
from DOGAMI and ODFW shall be consulted regarding seeding
and revegetation.
3. Developer shall meet with the County Transportation and
Solid Waste Manager to review County regulations on that
portion of Finley Butte Road, lying between the Forest
Service land and Highway 97, maintained by the County.
PAGE 2 - FINDINGS AND RECOMMENDATION
File No. PA -93-3, ZC-93-3, SP -93-21
012'7-0081
4. Developer shall sign and enter into a Development
Agreement with Deschutes County to ensure that all
elements of the site plan shall be implemented and
conducted as approved. This Development Agreement shall
be approved by County Counsel and recorded with the
County Clerk prior to issuance of the use permit.
5. Developer shall request the issuance of a use permit from
the Planning Division prior to commencement of any
surface mining activities after all elements of the
approved site plan required in preparation for mining
have been completed. Conditions No. 2 through 4 above
shall be met prior to issuance of the use permit.
6. Developer shall complete reclamation activities
concurrently with mining activities.
7. Developer shall remove all surface mining equipment and
related structures from the mining site within thirty
(30) days of completion of all mining and reclamation.
8. Developer shall apply to Deschutes County to rezone the
subject property after the site has been reclaimed in
accordance with the reclamation plan approved by DOGAMI
and the County.
9. Prior to any crushing on the property, the applicant
shall first obtain a conditional use permit.
DATED and MAILED this 3rd day of June, 1993.
EDWARD P. FITCH
cc: BOCC
Deschutes County
Deschutes County
Barney Lerten
Planning Commission
Planning Director
PAGE 3 - FINDINGS AND RECOMMENDATION
File No. PA -93-3, ZC-93-3, SP -93-21
012'7-0082
DESCHUTES COUNTY PLANNING DIVISION
STAFF REPORT
FILE NUMBER: PA -93-3, ZC-93-3 & SP -93-21
DATE: MAY 18, 1993
TIME: 7:00 P.M.
PLACE: City of Bend Public Works Building
1375 N.E. Forbes Road
Bend, Oregon 97701
APPLICANT/
OWNER: Victor & Vicki Russell
15118 Fall River Road
Bend, OR 97707
REQUEST: The applicant is requesting a Comprehensive
Plan Amendment from Agriculture to Surface
Mining and a Zone Change from F-1 to SM.
Site Plan approval of a surface mining
operation is also requested. The property
encompasses approximately 74 acres.
REVIEWER: David B. Leslie
I. LEGAL CRITERIA•
1. PL -20, the Deschutes County Year 2000 Comprehensive
Plan.
2. Statewide Planning Goal 5, Open Spaces, Scenic and
Historic Areas, and Natural Resources.
3. Title 18 of the Deschutes County Code, the Deschutes
County Zoning Ordinance:
-Chapter 18.52, Surface Mining.
-Section 18.136.030, Rezoning Standards.
4. Title 22 of the County Code, Procedures Ordinance.
PA -93-3, ZC-93-3 & SP -93-21
Page 1 Eythibit --
Page —J---
II. BASIC FINDINGS: 0127-0083
1. LOCATION: The subject property is located at 17900
Finley Butte Road, approximately 4 miles southeast of
LaPine, and is identified on Deschutes County Assessor's
Map #22-11 as Tax Lot #600.
2. ZONING: The property is zoned F-1, Forest, and SMIA
(Surface Mining Impact Area Combining). It is
designated Forest on the Deschutes County Comprehensive
Plan.
3. SITE DESCRIPTION: The property contains 74.15 acres and
is located on the north and northeast flanks of Finley
Butte. The butte rises 350 feet above the surrounding
terrain to an elevation of 4748 feet above sea level.
The applicant's property consists of moderate to steeply
sloping land which is vegetated with lodgepole and
ponderosa pine and native brush. An older excavation
site is visible on the western edge of the property.
Two active excavation areas, operated by the Oregon
Department of Transportation (ODOT).and the U. S. Forest
Service, are located on the western and southern sides
of the butte. These sites are accessed by a road which
circles the butte as it rises to the top where
communication equipment is located. The subject
property is reached from an access road which heads
northeast off of the Forest Service road near the
western base of the butte.
4. SURROUNDING PROPERTY: The subject property is almost
entirely surrounded by land managed by the Forest
Service which is zoned F-1. The southern half of Finley
Butte is a cinder source for the Forest Service. ODOT
owns a 5.85 -acre parcel to the west which is zoned SM
and is used as a source of cinders for the the Highway
Division. The subject property is within the SMIA
Combining Zone of the state-owned property, known as
Site 1462 in county surface mining records. There is no
other privately owned parcel of land within one (1) mile
of the subject property. The LaPine Industrial Park,
approximately 2.5 miles west, is the closest developed
property.
5. REQUEST: The applicant is requesting that the County
place the entire property on the inventory for sites
with significant mineral resources and amend the plan
designation from Forest to Surface Mining. A zone
change from F-1 to SM is also requested. The applicant
has submitted an operation plan to excavate cinders and
hard basaltic lava and is requesting approval of the
submitted site plan to commence surface mining at the
PA -93-3, ZC-93-3 & SP -93-21
Page 2
Exhibit
Page '
site. An application to conduct crushing operations is
anticipated but has not yet been submitted.
AGENCY COMN[ENTS: The Planning Division has solicited
comments from affected agencies and departments. Their
responses are as follows: 0127-0084
A. Deschutes County Public Works: V VU
The Deschutes County Department of Public Works
recommends approval of this land use permit for a
surface mining operation at Finley Butte. There is
a real need for this resource, especially the hard
rock in the southern part of the county and in
northern Klamath County. This site,is also
surrounded by Forest Service Land anis well
removed from any residences. The following
conditions must be met by the applicant if this
land use request is approved:
1. The Forest Service must approve access over
their land and roads to reach the proposed
mining site.
2. All DOGAMI (Department of Geology and Mineral
Industries) regulations must be met in terms
of operations, safety and reclamation of the
site.
3. The applicant is to meet with the County
Transportation and Solid Waste Manager to
review County regulations on that portion of
Finley Butte Road, lying between the Forest
Service land and Highway 97, maintained by the
County.
B. Deschutes County Property Address Coordinator:
The correct address for this property is 17900
Finley Butte Road, LaPine.
C. Deschutes County Environmental Health: No comment.
D. Oregon Department of Fish & Wildlife:
Planning Staff was informed by phone by ODFW staff
in the Bend office that there are no significant
wildlife resources in the vicinity of the
applicants property which would require any special
conditions to the propose mining on this property.
E. U.S. Forest Service:
In a letter dated May 24, 1993, the Forest Service
indicated that Finley Butte is designated as a
PA -93-3, ZC-93-3 & SP -93-21
Page 3
Exhibit
Page.
mineral source in the Land and Resource Management
Plan adopted by the Deschutes National Forest. The.
forest service is actively mining on the south half
of the butte and has recently expanded their pit
area to encompass 29 acres. The Forest Service
encourages the applicant to mine his property
"according to a management plan that could be
compatible with ours. This may help lengthen the
'life' of both cinder pits." The Forest Service
also indicated that the applicant had obtained a
road use permit to haul material on Forest Service
roads in April, 1993. ®127-0085
F. Oregon Department of Transportation: No comment. `J
7. PUBLIC COMMENTS: No letters were submitted from the
public regarding these applications.
III. APPLICABLE CRITERIA:
A. Comprehensive Plan Inventory Listing and Plan Amendment.
The goal of the Surface Mining chapter of the
comprehensive plan is:
"To protect and utilize appropriately, within the
framework established by Statewide Land Use
Planning Goal 5 and its implementing administrative
rules, the mineral and aggregate resources of
Deschutes County, while minimizing the adverse
impacts of mineral and aggregate extraction and
processing upon the resource impact area."
The following plan policies are applicable:
6. Land use decisions of the County shall be based
.upon balanced consideration of the location,
availability and value of mineral and aggregate
resources, and conflicting resources and uses as
designated in the comprehensive plan.
10. A mineral and aggregate resource site not on the
current inventory shall be placed on the inventory
and zoned SM when the following conditions are met:
(a) A report is provided verifying the location,
type, quantity and quality of the resource;
and
(b) The Goal 5 conflict identification and
resolution (ESEE) process results in a
determination that the resource is of
sufficient importance relative to conflicting
PA -93-3, ZC-93-3 & SP -93-21
Page 4
Exhibit
Page._
resources and uses, if any, to require
p(
protection. 012 r!-00(�86'
11. The County shall identify and protect sites for the
storage, extraction and processing of mineral and
aggregate resources within the framework of Goal 5
and its implementing administrative rules.
B. Rezoning Standards.
Deschutes County Code. Section 18.136.030:
The applicant for a quasi-judicial rezoning must
establish that the public interest is best served by
rezoning the property. Factors to be demonstrated are:
A. That the change conforms with the Comprehensive
Plan, and the change is consistent with the Plan's
introductory statement and goals.
B. That the change in classification for the subject
property is consistent with the purpose and intent
of the proposed zone classification.
C. That changing the zoning will presently serve the
public health, safety and welfare considering the
following factors:
a. The availability and efficiency of providing
necessary public services and facilities.
b. The impacts on surrounding land use will be
consistent with the specific goals and
policies contained within the Comprehensive
Plan.
D. That there has been a change in circumstances since
the property was last zoned, or a mistake was made
in the zoning of the property in question.
Applicable Comprehensive Plan Policies:
8. Sufficient SM (Surface Mining) zoning shall be
maintained by the County to satisfy, at a minimum,
the demand for mineral and aggregate resources of
the County as reflected by the data contained in
the comprehensive plan. The County shall not deny
SM zoning for any mineral and aggregate resource
site for the sole reason that the demand of the
County for that resource has been satisfied by the
SM zoning of other sites.
12. If the Goal 5 process does not identify resources
or uses which conflict with inventoried mineral and
aggregate resource sites, such resource sites,
PA -93-3, ZC-93-3 & SP -93-21
Page 5
Exhibit
Page
whether or not they are actively being utilized at
the time of plan amendment, shall be zoned SM.
C. Surface Mining Operations. 012`x-008 7
Chapter 18.52, Deschutes County Code: V C1
The following sections of Chapter 18.52 of the Deschutes
County Code set forth the requirements for a site plan
for surface mining:
Section 18.52.020, Application of Ordinance, requires
that the setbacks, operation standards and conditions
set forth in Sections 18.52.090, 18.52.110 and 18.52.140
be met to the extent that setbacks, standards and
conditions are not expressly provided for in a site-
specific ESEE analysis within the surface mining element
of the comprehensive plan.
Section 18.52.080, Site Plan Application, requires the
applicant to submit information that: meets the format
established by the county, includes all information
required for a site reclamation plan by DOGAMI, shows
that all minimum use setbacks required in Section
18.52.090 are met, describes how all operation standards
set forth in Section 18.52.110 are met, and describes
all potential impacts of the mining activities
identified in an ESEE analysis for a site and how those
impacts are addressed.
Section 18.52.100, Procedure Upon Filing of Site Plan,
requires the application to be processed in accordance
with the procedures in Title 22 of the Deschutes County
Code, Procedures ordinance. The Hearings Officer shall
grant or deny site plan approval based on the proposed
site plan's conformance with the ESEE analysis for this
site and the applicable criteria in Sections 18.52.090,
18.52.110 and 18.52.140, and may require the applicant
to make such modifications to the site plan as are
necessary to fulfill the ESEE requirements and the
requirements of this title. Site plan approval shall
not be denied unless the requirements of the -ESEE
analysis and setbacks, standards and conditions of this
title are not or cannot be satisfied by the proposed
site plan.
Section 18.52.130, Site Reclamation Plan, requires that
prior to the start of mining activity, the site
reclamation plan must demonstrate that the extraction
site can be reclaimed for a subsequent beneficial land
use consistent with the designation of such subsequent
use in the surface mining element of the comprehensive
plan. The site reclamation plan for this site must also
be approved by DOGAMI prior to the start of mining
activity.
PA -93-3, ZC-93-3 & SP -93-21
Page 6
Exhibit
Page
0127-0088
Section 18.52.170, Use Permits, requires that following
site plan approval and prior to commencement of any
surface mining activities on the site, the Planning
Director or designee shall physically review the site
conformance with the site plan. When it is determined
that all elements of the approved site plan required for
mining have been completed and the reclamation plan has
received final approval, a use permit shall be issued.
No mining activity shall commence prior to the issuance
of such use permit.
Section 18.52.200, Termination of the Surface Mining
zoning and Surrounding Surface Mining Impact Area
Combining Zoning. When a surface mining site has been
fully or partially mined, and the operator demonstrates
that a significant resource no longer exists on the
site, and that the site has ben reclaimed subject to the
reclamation plan approved by DOGAMI or the reclamation
provisions of this title, the property shall be rezoned
to the subsequent use zone identified in the surface
mining element of the comprehensive plan. Concurrent
with such rezoning, any SMIA combining zone which
surrounds the site shall be removed. Rezoning shall be
subject to Chapter 18.136 and all other applicable
sections of this title, the comprehensive plan and Title
22, Procedures Ordinance.
Applicable Comprehensive Plan Policies:
16. Uses permitted outright or conditionally in the SM
zone shall include:
(a) Extraction, processing and storage of mineral
and aggregate resources; and
(b) Necessary ancillary activities related to the
uses listed in paragraph (a) above.
17. If timber or other similar renewable resources are
identified in the Goal 5 process as existing on an
SM site, the utilization of such other resources
before use of the mineral and aggregate resources
.shall be encouraged.
18. Extraction and processing of mineral and aggregate
resources shall be conducted in accordance with all
applicable county, state and federal standards.
D. Title 22 of the County Code, Procedures Ordinance.
Chapter 22.12 of the Procedures ordinance requires that
legislative changes be processed in accordance with
certain specified standards with respect to hearings
bodies and notices.
PA -93-3, ZC-93-3 & SP -93-21
Page 7
Exhibit
Page — -
IV. FINDINGS OF FACT & CONCLUSIONS OF LAW: 0127-0689
The following findings of fact and conclusions of law
are based upon the facts in the applicant's application
and applicable law.
A. Comprehensive Plan Inventory.
1. Statewide Planning Goal 5 and its implementing
rule, OAR Chapter 660, Division 16, require local
governments to identify aggregate resources through
an inventory of resource sites throughout the
county and to determine the significance of a
mineral resource site by evaluating the location,
quantity and quality of a particular site.
2. The county's inventory of mineral and aggregate
resource sites, adopted by Ord. No. 90-025,
includes a reference to applicant's property on
line 139 of Exhibit D, found on page 23 of the
County's surface mining package completed in 1990.
Exhibit D includes a list of sites on Forest
Service lands for which the County determined it
has no zoning authority. Although Exhibit D
indicates that these sites "will be left on the
inventory list for informational purposes," it is
appropriate to reconsider applicant's property for
placement on the inventory list because it is
privately owned and is not subject to the same
limitations as land managed by the Forest Service.
In this respect, the current evaluation of this
site is for purposes other than only for
informational purposes.
3. Applicant has submitted a reports from Century West
Engineering (Exhibits A and B) attesting to the
volume of cinders and hard rock on the property and
to the quality of the hard rock. Exhibit A states
that there are 12.1 million cubic yards and 1.225
million cubic yards of cinders and hard rock
respectively. These amounts are significant
volumes of both types of mineral resources.
Exhibit B indicates that the hard rock passes "all
of the durability qualification tests for ODOT
asphalt aggregate," based on three types of tests
performed on material samples submitted by the
applicant from the proposed mining site.
4. Maps submitted by the applicant (Exhibits C and D)
indicate the location of the cinder and hard rock
resource material on the subject property.
Exhibit D shows that cinders are available from
PA -93-3, ZC-93-3 & SP -93-21
Page 8
Exhibit
Page
9M
approximately 44 acres and that hard rock material
covers approximately 30 acres. 01 27-0090
5. Based on the findings above the applicant has
demonstrated that the location, quantity and
quality of cinders and hard rock on the subject
property justify the inclusion of this site on the
Goal 5 mineral and aggregate inventory for
Deschutes County. It is recommended that the
County's Comprehensive Plan be amended by ordinance
to reflect the determination to include the
applicant's property in the inventory.
Comprehensive Plan Amendment.
1. The applicant's proposal to designate the subject
property as Surface Mining is consistent with the
goal of the" Surface Mining chapter of the
comprehensive plan (see goal stated above).
In accordance with the administrative rule
implementing Goal 5, OAR 660-16-000, an ESEE
analysis is required when significant Goal 5
resources are found to exist in the vicinity of a
proposed use. Deschutes County has previously
determined that an area within one-half mile of a
mining site constitutes the impact area surrounding
a mining site. Uses within this impact area must
be considered when determining whether or not any
conflicts to mining exist.
2. Uses within the impact area include mining by ODOT
on Site No. 432, located adjacent to the
applicant's property to the immediate west. This
site was previously designated on the comprehensive
plan and zoned for surface mining in 1990 by the
county. As previously stated, the Forest Service
utilizes a portion of the southern half of Finley
Butte as a designated mineral resource site. The
Forest Service recently completed its own
environmental analysis which determined that
enlarging their site would not have any significant
environmental impact. Other lands within the
impact area are managed by the Forest Service for
timber harvesting and road access to the mining and
harvesting activities. The Forest Service has
indicated that the proposed mining activity is
compatible with other uses on land surrounding the
subject property. Although deer pass through this
area, this region is not included within a deer
migration corridor determined by ODFW to be
significant and is not within any mapped migration
corridors or deer winter ranges.
PA -93-3, ZC-93-3 & SP -93-21
Page 9 Q
Exhibit'�/\�''`
Page �1�
3. There are no uses or significant Goal 5 resources'
that conflict or would conflict with mining on the
subject property. Furthermore, an economic,
social, environmental and energy (ESEE) analysis of
the consequences of mining is not required because
no conflicting uses have been identified.
Accordingly, this site must be protected for
surface mining and, in accordance with OAR
660-16-005(1) it is recommended that the County
"insure preservation of the resource site," by
adopting appropriate ordinances to amend the
comprehensive plan to designate this property as
Surface Mining.
C. Zone Change. 2
70091
1. The proposed zone change to Surfac�1I�I"iing� is
consistent with the proposed surface mining
comprehensive plan designation. A surface mining
zone classification on the subject property is
consistent with the introductory statements of the
plan, which indicates that the plan is intended to
provide a general guide for land use so that the
"significant factors which affect or are affected
by development" are considered, but is not intended
to provide a site-specific identification on a
particular piece of land.
2. The proposed zone change is consistent with the
intent of the applicant to mine the subject
property for cinders and hard- rock. The mineral
and aggregate resources present at this site could
not be mined unless the site is zoned for surface
mining.
3. This property will be served by existing Forest
Service roads and Finley Butte Road. No additional
public services or utilities in the area will be
required in order for the site to be used as a
source of mineral resources. There will be no
impacts on surrounding land which are not already
occuring due to mining on adjacent property owned
by ODOT or the Forest Service.
4. The reports by Century West Engineering on material
quantity and quality (Exhibits A and B) constitute
new information that was not available when this
site was last considered for inclusion on the Goal
5 inventory. These reports and the findings
immediately above demonstrate the applicant's
proposal is consistent with the rezoning standards
in Chapter 18.136 of the Deschutes County Code and
the applicable comprehensive plan policies cited
above, and support the conclusion that it is
appropriate to zone the subject property for
PA -93-3, ZC-93-3 & SP -93-21
PExhibit
Page 10
Page �- —
surface mining. It is recommended that the site be
zoned Surface Mining and that the County revise its
zoning maps to reflect this determination by the
adoption of an appropriate ordinance to amend Title
18.
D. Site Plan.
012'7-0092
1. Section 18.52.040 of the County Code allows for the
extraction and screening of mineral resources as an
outright permitted use on a parcel zoned SM,
subject to site plan review. Crushing of rock into
aggregate sized material requires a Conditional Use
permit (County code section 18.52.050). Similarly,
the comprehensive plan includes a policy that
allows for outright and conditional mining
activities on properties in the SM zone.
2. The applicant has submitted an application in a
format acceptable to the county which includes the
information required in Section 18.52.080 of the
County Code, as follows:
A. Narrative burden of proof statement describing
how the operation standards meet the
requirements of Section 18.52.110.
B. Reclamation plan submitted to DOGAMI.
C. Site map and cross sections.
The applicant proposes to mine for cinders and hard
rock in two separate "cells" on the subject
property. Equipment to be used includes:
front-end loader, bulldozer, 2-4 trucks for
transporting excavated material, water truck and a
road grader. The property owner is presently
clearing portions of the property of timber in
preparation for the proposes -mining activity. The
harvesting of the timber prior to the extraction of
the cinders and hard rock is encouraged by the
comprehensive plan.
Because no conflicts with proposed surface mining
have been identified, an ESEE analysis is not
required. Therefore, the requirement to indicate
how potential impacts identified in the ESEE
analysis are addressed is not applicable for this
particular site.
3. Section 18.52.090 sets forth the specific minimum
setbacks which the mining activity is required to
meet. Subsection (A) requires that all surface
mining activities and uses be located and conducted
at least 250 feet from a noise -sensitive or
PA -93-3, ZC-93-3 & SP -93-21
Page 11 Exhibit
Page l
dust -sensitive use or structure. There are no'
noise or dust sensitive uses within 250 feet from
the boundary of the site, therefore no special
setbacks from property lines are required in order
to meet this requirement. Subsection (B) requires
that storage of mineral material and operational
equipment which creates noise and dust not be
allowed closer than one-quarter mile from any noise
or dust sensitive use or structure existing as of
July, 1990. There are no noise or dust sensitive
uses within one-quarter mile of the mining site,
therefore no special requirements are necessary in
order for this standard to be met. 01,27.00'%�
4. Section 18.52.110 provides for operational
standards at a mining site. Items A -P below
describe how the applicable requirements regarding
general operational standards will be met during
mining at the subject property.
A. Access. The applicant's property is adjacent
to Forest Service property. Appropriate use
permits have been obtained by the applicant
according to this agency. The other factors
described in this standard are not applicable
to this site due to its location 3 miles east
of LaPine and the surrounding land use
pattern.
B. Screening. There are no protected uses, as
listed in Section 18.52.110.B.c, adjacent to
the mining site which require screening from
the mining site.
C. Air Quality. The applicant will be required
to conduct all operations in such a manner
that any applicable DEQ ambient air quality
and emissions standards will be met. It is
not anticipated that the excavation of cinders
will cause dust levels to exceed any DEQ
standards. The processing of aggregate and
crushing of rock referred to in applicant's
statement is not applicable to this decision
because a conditional use permit application
has yet to be submitted. The applicant states
that a water truck will be available on-site
to minimize dust when necessary.
D. Erosion Control. There are no perennial
streams which could be affected by mining
operations at this site. Therefore, the
requirement that sedimentation and erosion not
violate DEQ water quality standards in any
perennial stream is not applicable.
PA -93-3, ZC-93-3 & SP -93-21
Page 12
Exhibit
Page
E. Streams and Drainage.• There are no lakes,
streams or other perennial bodies of water
which abut the mining site and there is no
defined natural drainage system occurring on
the property. 0127-0094
F. Equipment Removal. The applicant has stated
that, "All equipment and structures will be
removed within thirty (30) days of completion
of all mining and reclamation."
G. Flood Plain. The applicant will not be
operating in a designated flood hazard area,
thus a conditional use permit for activity in
a flood plain is not required.
H. Noise. The zoning ordinance' requires that,
"Noise created by a mining operation,
vehicles, equipment or accessory uses which is
audible off the site does not exceed DEQ noise
standards..." Due to the remoteness of this
site, it is anticipated that applicable DEQ
noise standards will be met at this site
without any special.precautions or mitigation
measures such as earthen berms or equipment
modifications.
I. Hours of operation. The applicant proposes to
operate the site between 7:00 a.m. and
10:00 p.m., Monday through Saturday. Because
this site is not located within one-half mile
of a noise or dust sensitive use the proposed
hours are consistent with the County standard.
However, the applicant will also be restricted
by the requirement that no surface mining
activity will be conducted on Sundays or legal
holidays, including New Year's Day, Memorial
Day, July 4th, Labor Day, Thanksgiving Day and
Christmas Day.
J. Drilling and Blasting. The applicant
anticipates that drilling and blasting will
occur approximately once each year for a
period of approximately 1 to 2 weeks. The
area of drilling and blasting will generally
be confined to the hard rock portion of the
site and will be conducted in conjunction with
the crushing of aggregate material. Because
there are no noise or dust sensitive uses or
any agricultural uses involving the raising of
animals within one-half mile of the site,
there is no requirement for a blasting plan.
Drilling and blasting will be limited to the
same time periods specified above in item I,
hours of operation.
PA -93-3, ZC-93-3 & SP -93-21
Page 13
Exhibit
Page
0127-0095
K. Extraction Site Size. The applicant has
stated that the cinder and hard rock areas
will be conducted simultaneously. The County
standard limits the area in which extraction
occurs to five acres. In this case there are
two distinct types of resource material
available and it would be reasonable to expect
that both areas could be excavated
independently from one another. The applicant
has indicate that concurrent reclamation will
occur on both areas. Accordingly, each area
will be restricted to a separate five -acre
limitation.
L. Fish and Wildlife Protection. No significant
fish or wildlife resource values requiring
protection have been identified at this site.
M. Surface Water Management. No water rights
exist on the subject property. Water will be
available in a truck for dust suppression
purposes on roads.
N. Storage of Equipment. . The applicant has
stated that "storage of equipment, structures
and other material will be limited to what is
necessary [to] use during mining operations.
O. Security Plan. The security plan proposed by
the applicant addresses the following issues
and is satisfactory to the county:
a. Lighting: Lighting will be provided at
the temporary job trailer only. Due to
the distance of the site from other
developed property this lighting will
conflict with any uses on surrounding
land.
b. Fencing: The applicant does not propose
to construct a fence around the site' due
to its remoteness and site topography.
C. Gates at access points: The applicant
has indicated that a gate will be
provided at the entrance to the access
road. The gate will be locked except
when the site is in operation.
d. Water impoundments: The applicant has
stated there will not be any water
impoundments created on the site.
PA -93-3, ZC-93-3 & SP -93-21
Page 14
Exhibit
Wage
e. Sloping: After reclamation, final slopes
will be no steeper than three to one (3
horizontal : 1 vertical).
011`7-0096
f. Security of vehicles and equipment:. The
applicant has indicated that with the
exception of a front-end loader, which
will be kept behind the locked access
gate, all other equipment used for the
mining operation will be stored off site.
P. ESEE Impacts. An ESEE analysis was not
necessary for this site since there are no
existing or potential conflicts with surface
mining within the impact area. Accordingly,
there are no ESEE impacts requiring any
evaluation during site plan review.
5. Section 18.52.130, Site Reclamation Plan. The
applicant is required to obtain approval of a
reclamation plan prior to the start of mining
activity. DOGAMI approval is required at a minimum
and the County Code states that, "To the extent
practicable, review of the site reclamation shall
be conducted jointly between DOGAMI and the
county."
The applicant's reclamation plan submitted to
DOGAMI indicates that the planned subsequent
beneficial use of the site is -for a tree farm to
grow Ponderosa Pine. The steepest excavated slope
left after mining is indicated as being 1.5:1. An
average depth of two (2) feet of soil will be
replaced on the area to be reclaimed and the
ponderosa trees will be planted 18-20 feet apart in
the spring. Reclamation will occur concurrently on
both the cinder and hard rock portions of the
mining site according to the applicant.
The applicant will be required to obtain DOGAMI
approval of the reclamation plan before commencing
mining operations at this site. In addition, the
applicant will be required to contact ODFW to
ensure that the reclamation plan is consistent with
that agency's recommendations regarding seeding and
revegetation. ODFW concurrence will be necessary
prior to commencing mining operations.
6. Section 18.52.170, Use Permit. Following the
approval of a site plan a use permit is required
prior to commencement of mining activity. Planning
staff will conduct a site visit after all
conditions required to be met prior to the start of
mining activity have been completed by the
PA -93-3, ZC-93-3 & SP -93-21
Page 15
Exhibit
Page t .
012 7- 009'7
applicant and the applicant submits a request in
writing for the use permit. The Planning Director
or designee will issue a use permit after this site
visit when it is determined that all elements of
the approved site plan required for mining have
been completed.
The applicant will be required to implement the
recommended conditions of approval 12, #3 and 14
before issuance of the use permit.
7. Section 18.52.200, Termination of Surface Mining
Zoning and Surrounding Surface Mining Impact Area
Combining Zoning. After the applicant completes
mining at the site and demonstrates that: 1) a
significant mineral resource no longer exists, and
2) the site has been reclaimed in conformance with
the plan approved by DOGAMI and the provisions of
this decision, the subject property shall be
rezoned to the subsequent use zone identified in
the surface mining element of the comprehensive
plan. Concurrent with this rezoning, the SMIA
combining zone surrounding this mining site and
extending for one-half mile from its boundaries
will be removed.
It will be the responsibility of the property owner
to submit a rezoning application and fees in
accordance with all sections of the zoning
ordinance, the comprehensive plan and the Uniform
Land Use Action Procedures Ordinance of Deschutes
County.
E. Development Procedures Ordinance.
Chapter 22 of the County Code sets forth the procedures
for processing applications. These applications have
been processed in accordance with the requirements set
forth in the County Code with respect to notice,
preparation of a staff report and record keeping. The
Hearings Officer's decision regarding the Site Plan
shall become final ten days after the decision is mailed
unless the decision is appealed. Prior to becoming
effective, the plan amendment and zone change will
require adoption of implementing ordinances by the Board
of County Commissioners. Such ordinances will be
prepared by staff if the Hearings Officer recommends
approval of the plan amendment and zone change.
CONCLUSION AND RECOMMENDATION:
Based upon the above findings it is recommended that the
Hearing's Officer recommend approval of the applicant's
request to amend the Comprehensive Plan and to change the
PA -93-3, ZC-93-3 & SP -93-21
Page 16
Exhibit
Page
• zone designation of the subject property to Surface Mining.
It is also recommend that the Site Plan to conduct surface
mining operations be approved subject to the following
conditions:
RECOMMENDED CONDITIONS OF APPROVAL FOR SITE PLAN: fill
1. Developer shall conduct all aspects of the mining
operation in conformance with the provisions of Section
18.52.110(A -P), General Operation Standards, of the
Deschutes County Code as described above in this
Findings and Decision. This approval does not
specifically allow for any crushing of hard rock
material on site (this may be requested in the future).
2. Developer shall obtain approval of the reclamation plan
from DOGAMI and ODFW shall be consulted regarding
seeding and revegetation.
3. Developer shall meet with the County Transportation and
Solid Waste Manager to review County regulations on that
portion of Finley Butte Road, lying between the Forest
Service land and Highway 97, maintained by the County.
4. Developer shall sign and enter into a Development
Agreement with Deschutes County to ensure that all
elements of the site plan shall be implemented and
conducted as approved. This Development Agreement shall
be approved by County Counsel and recorded with the
County Clerk prior to issuance of the Use Permit.
5. Developer shall request the issuance of a use permit
from the Planning Division prior to commencement of any
surface mining activities after all elements of the
approved site plan required in preparation for mining
have been completed. Conditions No. 2 through 4 above
shall be met prior to issuance of the use permit.
6. Developer shall complete reclamation activities
concurrently with mining activities.
7. Developer shall remove all surface mining equipment* and
related structures from the mining site within 30 days
of completion of all mining and reclamation.
8. Developer shall apply to Deschutes County to rezone the
subject property after the site has been reclaimed in
accordance with the reclamation plan approved by DOGAMI
and the County.
DBL/mjz
PA -93-3, ZC-93-3 & SP -93-21
Page 17
Exhibit
Page
V