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1994-45814-Ordinance No. 94-051 Recorded 11/10/199494-45814 REVIEWED bu W LEGAL COUNSEL 013'-1288 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending PL -20, Deschutes County Comprehensive Plan Map, Changing the Surface Mining Plan Designation on Certain Property in Deschutes County to Surface Mining, and Declaring an Emergency. ORDINANCE NO. 94-051 WHEREAS, tax lot 500 in Section 4 of Township 19 South, Range 14 East, Willamette Meridian, is a 120 -acre parcel (the parcel) designated as Agriculture under the County's Comprehensive Plan; and WHEREAS, Hap Taylor and Sons, Inc. has proposed a Plan Amendment to PL -20, the Deschutes County Year 2000 Comprehensive Plan, to change the designation of the parcel from Agriculture to Surface Mining in the County's Comprehensive Plan Map; WHEREAS, the Deschutes County Hearings Officer, after review conducted in accordance with applicable law, has recommended approval of the proposed Plan Amendment to PL -20; and WHEREAS, after notice was given and hearing conducted on September 14, 1994 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. Adoption of ESEE. That PL -20, the Deschutes County Year 2000 Comprehensive Plan Map, as amended, is further amended to add the Conflict Analysis and ESEE Findings and Decision for the subject surface mining site as part of the Resource Element of the Plan, attached as Exhibit A and incorporated herein by this reference. Section 2. Amendment of Comprehensive Plan Map. That PL -20, the Deschutes County Year 2000 Plan Map, as amended, is further amended to change the plan designation for the subject property, described as tax lot 500 in Section 4 of Township 19 South, Range 14 East, Willamette Meridian, and as further described by the legal description attached hereto as Exhibit B and the map set forth as Exhibit G, both of which exhibits are incorporated here in by reference, from Agricultural Use to Surface Mining. l✓ICROFItMED 1 - ORDINANCE 94-051 7,- K NCHED FEB 0 8 199 ' t , n }y 1994 013'7-1289 Section 3. Findings. In support of its decision, the Board adopts the Conflict Analysis and ESEE Findings and Decision adopted by Section 1 above and the Findings, Recommendation and Decision of The Hearings Officer, attached as Exhibit B to Ordinance 94-050 and incorporated herein by this reference. Section 4. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance, ordinance provision, code section or any line of any map by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, ordinance provision, code section or map feature unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 5. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this _ 2 day of November, 1994. BOARD OF COUNTY COMMISSIONERS OF I)ESCHUTES COUNTY, OREGON NANCY"E $ICHLANGEN, Chair TOM THROOP, Commissioner ST: �v (:ecording Secretary BARRY Hi SLAUGHTER, Commissioner 2 - ORDINANCE 94-051 Ex6l6;4 A 013'7-1290 Conflict Analysis and ESEE Findings and Decision Site No. 496 Site Number 496, occupying tax lot 500 in Township 19 South, Range 14 E.W.M., Section 4, came before the Deschutes County Hearings Officer for hearing on May 24, 1994. On July 28, 1994, the Deschutes County Land Use Hearings Officer made a preliminary decision (Findings, Recommendation and Decision; County File Nos. PA -94-2 and ZC-94-2) on this site. The site came before the Board of County Commissioners (Board) for hearing on SeQt,»bw tz , 1994. By adoption of these findings and this decision, the Board confirms anratifies that recommendation and decision. The purpose of the hearing before the Board was to determine whether the subject site, listed on the County's inventory of aggregate sites and should be classified under the County's comprehensive plan and zoning regulations as "SM" or Surface Mining. For the reasons given below, the Board determines that this -site should be so classified. PRELRYU NARY FINDINGS Site number 496 comprises approximately 120 acres and is located on the old Bend - Burns Highway roughly two miles west of the east end of the road, just east of the site of the Horse Ridge grade on Highway 20. The site is owned by Hap Taylor & Sons, Inc. and is currently zoned EFU-HR, Exclusive Farm Use (Horse Ridge Subzone) and WA, Wildlife Area. Adjacent land is zoned EFU, SM, LM and WA. Most of the surrounding land is owned by the Bureau of Land Management. Deschutes County has previously determined that an area within one-half mile. of a mining site constitutes the impact area surrounding a mining site. This determination has been accepted by the Department of Land Conservation and Development (DLCD) .as evidenced by DLCD's acknowledgement of the County's comprehensive plan with respect to Goal 5. Existing or possible uses within this impact area must be considered when determining whether or not any conflicts with mining exist. Uses within the impact area for the subject parcel include historic surface mining by ODOT on tax lot #600 (also known as county site no. 405), located immediately adjacent to the applicant's property. Uses on tax lot #700 to the east include those uses permitted in an EFU zone, including farming and grazing. The subject property and surrounding lands lie within a deer winter range that is designated on the County's comprehensive plan maps. The surface pit known as the "Moon pit" is located approximately three miles to the east of the subject property, on the north side of Highway 20. The Moon pit is adjacent to an abandoned BLM owned mining site. The County is presently studying the feasibility of siting a new solid waste landfill in this area, as Page 1 - ESEE Findings and Decision (Site No. 496) 01.37-1291 the County's Knott Road landfill is nearing capacity. No specific property has been identified as a landfill site. Geotechnical evidence suggests that Site 496 contains approximately 1,800,000 cubic yards of sand and gravel select fill resources. The Deschutes County Land Use Hearings Officer has recommended that Site 496 be included on the Deschutes County Goal 5 Mineral and Aggregate inventory. Based upon the site's quantity and quality of an identified source of mineral and aggregate resources, a hearing was held by the Board to determine whether to zone this site under statewide planning goal 5 to protect the mineral and aggregate resource. APPLICABLE CRITERIA Criteria applicable to this decision are Statewide Planning Goal 5, its implementing rule, OAR 660-16-000, and the Deschutes County Year 2000 Comprehensive Plan regarding surface mining goals and policies. *,1_ 4 C l" r1 CI1: Prior to the Hearings Officer's preliminary decision on this site, staff prepared an Conflict Analysis and ESEE Findings and Conclusions (ESEE) setting forth the site's aggregate resources and conflicting resource and land use values. The Hearings Officer included that ESEE, with minor modifications, with her preliminary decision regarding this site The ESEE identified conflicting resources and uses and their impacts, evaluated the economic, social, energy, and environmental consequences of protecting the mineral and aggregate resource or in the alternative, protecting the conflicting values or uses as follows: ESEE FINDINGS AND CONCLUSIONS SITE NO. 496 1. Inventory. The County's Goal 5 mineral and aggregate inventory establishes that the site has 1,800,000 cubic yards of sand and gravel which appear capable of meeting the Oregon Department of Transportation (ODOT) standards for select fill and which are needed for use as fill material for building construction sites throughout the Bend area. 2. Site Characteristics. This site is generally level, natural range land with a lower elevated drainage area near the south property boundary. Bordering the site is a large reclaimed gravel pit, formerly an active mining site operated by ODOT, which runs parallel to the road. The site is naturally vegetated with juniper and sagebrush. The Old Bend -Burns Highway bisects the site. There are no utilities or improvements on the site. The road to the subject site is paved. Land in the surrounding area consists of undeveloped range land with no dwellings or other uses within one-half mile. Page 2 - ESEE Findings and Decision (Site No. 496) 0137-1292 3. Conflicts analysis. a. Conflicts Resource Conflicts. 1. Wildlife. The Department of Fish and Wildlife has identified this site for deer winter range. The resource element of the County's comprehensive plan shows the site to fall within a designated deer winter range. The County finds that winter wildlife habitat for deer is a significant Goal 5 resource, in conflict with zoning for surface mining. Full protection of the deer winter habitat resource would preclude zoning for surface mining as surface mining results in the destruction of deer winter habitat, alters the topography to create deep holes where deer may become trapped by predators, and causes noise, dust emissions and an increased human presence which make the area less suitable for use as deer habitat. Land Use Conflicts. Land uses on the EFU-HR (Exclusive Farm Use - Horse Ridge) and SM (Surface Mining) zones surrounding the site are set forth in Title 18 of the County Code. The County finds that given the impacts of noise, dust, traffic, and physical scarring of the landscape associated with surface mining, all allowed uses in the EFU zone are conflicting in that full protection of those uses would preclude zoning for surface mining. Farm and forest uses are conflicting uses in the sense that those uses can not occupy the same space as surface mining activities on the site. In addition, farm uses on adjacent property involving livestock operations can be a conflicting use. The County finds that none of the conflicting allowed or conditional uses currently exist at the site or within the impact area. Further, the County finds that such uses, with the exception of livestock grazing, are unlikely to occur due to the remote location of the site and the fact that most of the surrounding land is in public ownership. The County also finds that the large minimum lot size of 320 acres and the large size of existing, adjacent lots will prevent dense residential development near the site. Resource Conflicts Protection of Mineral and Aggregate Resource 4. Economic Consequences. The County finds that the economic consequence of protecting the mineral and aggregate resource, in conflict with other natural resources, is difficult to measure. Deer winter habitat does not have any economic value attached to it. Deer generate indirect economic benefits to the County when Page 3 - ESEE Findings and Decision (Site No. 496) 0137-1293 hunters travel to hunt the deer and when tourists travel to the County to hunt deer. Additionally, a few tourists or local residents might travel to the subject property to view wildlife. 5. Social Consequences. The County finds that the social consequences of protecting the mineral and aggregate resource over the other natural resources would be negative. Surface mining would have negative impacts on wildlife. Given that few people live in the area, the social consequences would be felt primarily by those travelling Highway 20 who might be deprived of wildlife viewing opportunities. 6. Environmental Consequences. The County finds that allowing surface mining activities would have adverse environmental consequences on deer habitat. Surface mining activities would reduce the available cover and forage at the site, which would cause increased competition among deer for the remaining forage and co ,/er. Some wildlife would be forced to leave the area to find other food sources and cover, thus adding more competition in other areas for these resources. Increased truck traffic associated with mining activities could increase the mortality rate for the area's wildlife. In some cases, over the long term, surface mining can be beneficial to environmental values in that it gives an opportunity for a site already desecrated by the actions of man or otherwise lacking in natural values to be improved as part of the reclamation process. There is no evidence to suggest that this is one of those instances. 7. Energy Consequences. The County finds that the energy consequences of protecting the mineral and aggregate resource, over the other natural resources, would be to increase the energy consumption at the site due to fuel expenditures needed to run the heavy equipment and processing equipment and to transport select fill to its end use and to return to the site with loads of material for crushing. Such energy use would be bound to occur, in any event. Mineral and aggregate resources are needed for use in the County. Failure to protect the mineral and aggregate resources at this site would mean that such energy use would occur elsewhere. This site is conveniently located near the rapidly growing eastside of Bend, where most fill material will be needed. Travel from this location to the eastside of Bend may occur without passing through the center of Bend, as presently done by trucks from mines located to the west of Bend. This fact will enable trucks to conserve energy as they will not be required to stop and start for the numerous traffic lights in the Bend community. Protection of Conflicting Goal 5 Resources 8. Economic Consequences. Protection of the natural resources would preclude mining at the site. Deer winter habitat is in limited supply and the proposed surface mine would cause displacement of wildlife and increased competition in remaining unaffected areas. Page 4 - ESEE Findings and Decision (Site No. 496) 013`-1294 The County finds that, as reflected in the goals and policies statement of the County comprehensive plan, the County consumes 2 million cubic yards of mineral and aggregate materials each year. Under the laws of supply and demand, failure to protect sufficient amounts of mineral and aggregate for the 20 -year planning cycle will result in an increased cost in aggregate resources. Increases in mineral and aggregate costs would in turn result in increased construction costs. To the extent that minerals and aggregate would need to hauled in from outside the area, the cost of mineral and aggregate would be increased by haulage, costs; which the County finds to be at a rate of 22 cents per cubic yard per mile. The County finds there to be a total of 73,538,000 cubic yards of sand, gravel and rock in the County, accounting for the inventoried amount of sand, gravel and rock and the amount of those materials located at sites within the urban growth boundary. The County finds that virtually all sites have either resource or land use conflicts with surface mining. Consequently, if more than 46% of the aggregate sites were to be eliminated due to resource conflicts, the County would not have preserved sufficient aggregate to meet its needs. The County finds that this particular site, standing alone, is not essential to meeting the County's mineral and aggregate needs; however it also recognizes that if enough other sites are eliminated due to conflicts, it could be. Furthermore, the County recognizes the importance of preserving mineral and aggregate resources for highway maintenance and construction and finds that failure to protect such sites located along Highway 20 would result in increased costs for maintenance and construction on Highway 20 east of Bend. While the select fill at this site is presently intended for use in the building construction business, it would also be available for use as select fill on highway projects. The County finds that mineral and aggregate resources are a commodity with a market value. Failure to allow mining of such resources would prevent the value of such resources being realized by the local economy. Although the number of jobs represented by the local aggregate industry is small in number, mining jobs tend to pay at higher rates than those found in the service sector. The select fill from this site will, however, be used in construction work in the Bend area. The construction trades pay higher wage rates than paid in the service sector and are an important part of the local economy. Finally, the County finds that the economic impact of failing to preserve sufficient mineral and aggregate reserves is not readily mitigated. Mineral and aggregate resources are location dependent and are finite resources. 9. Social Consequences. Preserving the conflicting natural resources at the site could have negative effects on the general welfare of the County if insufficient amounts of mineral and aggregate are preserved. Regardless of the amount of supply readily available, there will always be a demand for mineral and aggregate resources. The Page 5 - ESEE Findings and Decision (Site No. 496) 0137°1295 County's roads would still need improvement and maintenance. Select fill would still be needed by the local building industry. A deterioration of the County's roads and streets would negatively impact the liveability and quality of life in Deschutes County. A lack of need fill would force major changes in methods of construction and might prevent construction of some projects. The County also recognizes the social consequences of increased building costs that can result from a shortage of readily available mineral and aggregate resources. 10. Environmental Consequences. Protection of the conflicting natural resources would preclude mining at the site. The noise, traffic, human presence and disruption of habitat associated with surface mining is inimical to the protection of scenic views and deer and antelope habitat. Therefore, protection of the natural resources by precluding mining would have positive environmental consequences. As with the mineral and aggregate resource, wildlife resources are limited by locational factors. Wildlife habitat is continually shrinking in the face of increased development. 11. Energy Consequences. As mentioned above, the energy consequences of protecting the natural resource values of this site and others like it along the Highway 20 corridor would involve increased haulage distances. The County finds that protection of natural resource values at the site would have negative energy consequences. 12. Relative Values of the Conflicting Resources. The County finds that the conflicting natural resource and the mineral and aggregate resource are important relative to one another. Both resources are finite and locationally dependent. Mineral and aggregate resources are in limited supply in the County and there is a need for the mineral and aggregate resources along the Highway 20 corridor for highway maintenance and construction and fill for construction sites. Deer habitat is continually being lost to new development. Therefore, the County finds that both the mineral and aggregate resource and the conflicting natural resources should be protected. Accordingly the County finds that under OAR 660-16-010(3) protection of the mineral and aggregate resource shall be limited by protection of the natural resources. Conflicting Uses Protection of Aggregate and Mineral Resource 13. Economic Consequences. The economic consequences of protecting the mineral and aggregate resource relates to the impacts of surface mining on adjacent uses, the value of mineral and aggregate as a commercial commodity and the impacts of protecting employment in the mining industry and the development opportunities foregone by development of the site. While the impacts of surface mining may in individual cases have a short term impact on property values of surrounding properties, trend analysis from the tax assessor's records of specific parcels either adjacent to or within one-half mile of both existing and potential surface mines indicates that there were no drastic Page 6 - ESEE Findings and Decision (Site No. 496) 013"7-1290 fluctuations in these property values. This same analysis shows that there has been no appreciable decline in sales of these or similar types of properties. The most significant impact to surrounding property owners would be if regulations to protect the mineral and aggregate resource were enacted that would make surrounding properties unbuildable. Allowing surface mining activities at this site could have some short-term negative impacts on the ability to utilize this property for other uses. However, nothing - indicates that such uses are likely to occur, given the remoteness of the site. Nothing indicates that such uses would have a higher economic value than use of this site for surface mining. There is no shortage of land in the County available for development for the uses allowed in the EFU zone, while the supply of mineral and aggregate resources in the County is in short supply. Furthermore, surface mining is a transitional use, and after reclamation the land surface would then become available for other uses. 14. Social Consequences. Preserving this site for the production of mineral and aggregate resources would have a major impact on the quality of life associated with the other land uses in the area. The impacts of noise, fugitive dust emissions, and increased truck traffic would negatively impact the livability and scenic quality of the surrounding area. Such impacts may be mitigated, however, through environmental controls on the mining operation. Such controls are imposed, by the County, by ordinance and through site plan review of mining operations. The County finds that the negative social consequences of mining activity are low in. this case due to the fact that there are few existing land use conflicts. Additionally, it is likely that few such conflicting uses will arise in the future, due to the zoning and public ownership of surrounding lands. 15. Energy Consequences. The County finds that preserving this site for the production of minerals would have overall positive energy consequences. As stated above, the energy consumed on site by mining equipment is likely to occur at some mining site, in any event, as there is a basic need for such resources. Haul distances to Highway 20 repair jobs or construction projects, in the area, would be minimized. To the extent that surface mining would preclude or discourage development of the surrounding rural lands, the energy consequences would likewise be positive. 16. Environmental Consequences. The County finds that protecting the site for mining would have negative environmental consequences for the same reasons given under paragraph 14 above. The County further finds that such impacts can be mitigated. Page 7 - ESEE Findings and Decision (Site No. 496) 0137-1297 Protection of Conflicting Land Uses 17. Economic Consequences. With the exception of geothermal development and farm and forest uses, all uses in the surrounding zoning designations are classed as noise sensitive uses for purposes of DEQ noise regulations. Farm uses may be noise sensitive uses in certain situations, such as with livestock operations. Protection of such surrounding conflicting uses can have the effect of precluding or limiting further surface mining activity due to noise regulations. Likewise, dust, traffic and aesthetic impacts place constraints on surface mining operations amongst conflicting land uses. While the elimination of part or all of any one site (except R.L. Coats's site No. 308 in 17-12-18 of 10 million cubic yards) would not significantly impact the total supply of mineral and aggregate in Deschutes County, if every site with conflicting uses were eliminated for that reason, Deschutes County would be unable to meet its mineral and aggregate needs. Almost every mineral and aggregate site has some degree of conflict with surrounding land uses. In light of that fact, each aggregate site takes on importance, as cumulatively, individual sites with conflicts could be eliminated and prevent the County from meeting its mineral and aggregate needs. 18. Social Consequences. The County finds that the social consequences of allowing incompatible development to preclude the use of all or part of this site would be the same as those under the Goal 5 discussion above. 19. Environmental Consequences. The environmental consequences of protecting surrounding land uses is mixed. Protecting the conflicting land uses could well preclude mining at the site. This would have positive environmental consequences in that the noise, dust, traffic, and aesthetic impacts associated with surface mining would be prevented. However, protecting the conflicting land uses, especially in a site such as this that is largely undeveloped, can also have negative environmental impacts. Thus, if surrounding areas become developed, they, too, can have a detrimental impact on wildlife habitat, reducing the overall supply of food and cover and increasing competition for adjoining undeveloped habitat. 20. Energy Consequences. Allowing development that would preclude or curtail mining at this and other sites along the Highway 20 corridor would create greater energy consumption because the mineral and aggregate resources for upkeep and improvement of Highway 20 would have to come from sites located further away. Furthermore, increased development at this remote site would increase energy use from those living in or patronizing the allowed uses. Such development would likely lead to a long term energy commitment because of the live span of such development. 21. Relative Values of Aggregate Use and Conflicting Uses. Based upon the analysis of the ESEE consequences of protecting the identified conflicting uses and protecting the mineral and aggregate resource and the relative weight of the conflicting uses and the Page 8 - ESEE Findings and Decision (Site No. 496) mineral resource, the County finds that with respect to existing development both the mineral resource and the conflicting resources and uses are important relative to one another. The aggregate has importance due to its limited availability in the County and its location near its point of use, Highway 20. Existing conflicting uses, if any, are important in that they represent an economic commitment to development of individual pieces of private property with economic value and expectations. Accordingly, the County finds that, pursuant to OAR 660-16-010, it will limit the use of the mineral resource at the site in favor of the conflicting resources. Potential development in the impact area is not significant enough to be considered to be a use that would limit the use of the aggregate resource at this site. Program to Meet the Goal 22. The Board finds that, in order to protect both the aggregate resource and the conflicting resources and uses, the site will be zoned for surface mining, subject to the following ESEE conditions: (a) Setbacks shall be required for potential conflicting residential and other development; (b) Noise and visual impacts shall be mitigated by buffering and screening; (c) Hours of operation shall be consistent with DEQ standards and applicable county ordinances; (d) Operation of rock crushing equipment and mining operations shall be discontinued, on-site, from December 1 through April 30. (e) Roads on-site shall be blocked from December 1 through April 30 to prevent access by the general public. Access roads shall be removed when mining operations are completed. (e) Reclamation shall meet ODFW recommendations, DOGAMI requirements and applicable county ordinances,. The County finds that processing on site will be allowed from May 1 through November 30 each year. Conflicting Resources 23. The County finds that surface mining use of the site will be limited' by conflicting Goal 5 resource considerations by the provisions for screening and buffering to mitigate noise and visual impact. The County further finds that the winter closure of the site will offer protection for deer and antelope herds. The County finds that the screening and buffering ESEE requirements are met by the screening and buffering requirements in the Deschutes County zoning ordinance. Page 9 - ESEE Findings and Decision (Site No. 496) 0137-1299 The County finds that such mitigation will not prevent the County from achieving its goal, since the site will be allowed to be mined. The County finds that the winter closure will not be unduly restrictive, since it occurs at a time of the year when road construction and the excavation stage of building construction projects are not underway and some loading and unloading of trucks will be allowed. Mineral Resource 24. The County will protect the mineral and aggregate resource by zoning the site SM to allow for surface mining activities. The County finds that Deschutes County Zoning Ordinance allows mining activities such as extraction, processing, crushing, batching, and other mining -dependent uses as permitted or conditional uses and activities in the zone. Conflicting uses, such as residential uses that would irretrievably commit surface area to other uses and otherwise conflict with surface mining are not allowed uses in the zone. Agricultural and forest uses are allowed in recognition that such uses can occur without irretrievably committing the property to uses other than surface mining. In this manner the surface area of the mineral and aggregate resource is protected against establishment of uses that would prevent mining of the mineral and aggregate in the future. Such protection advances the goal of protection of sufficient mineral and aggregate resources to meet the County's mineral and aggregate needs. 25. The County finds that imposition of a Surface Mining Impact Area (SMIA) combining zone as a one-half mile buffer surrounding the SM zone, as set forth in the Deschutes County Zoning Ordinance, will further protect the mineral and aggregate resource and the County so zones the one-half mile area surrounding the SM zone. The County finds that the SMIA zone limits conflicting uses as follows: (a) New conflicting "noise -sensitive" and "dust -sensitive" uses, such as single- family dwellings, may be sited closer than one-half mile to a SM zone only if the applicant has signed a waiver of remonstrance precluding protest of any surface mining activities; and (b) In all cases new conflicting "noise sensitive" and "dust sensitive" uses are prevented from locating any closer than 250 feet to an SM zone or one-quarter mile from a processing site, whichever is further. The County finds that these provisions satisfy the ESEE condition that residential and other development be subject to setbacks. The County finds that such a provision is sufficient to protect the mineral and aggregate resource from conflicting future development. 26. The County finds that, in combination with the action taken on other mineral and aggregate sites, zoning the site for surface mining and protecting the site from future Page 10 - ESEE Findings and Decision (Site No. 496) 0137--1300 surrounding conflicting land uses, the County's goal of preserving sufficient aggregate resources to meet the needs of the County have been met. Land Uses 27. Existing conflicting land uses are protected by the requirement that newly sited surface mines or expansion of existing surface mines meet screening requirements, setback requirements, noise standards, adhere to limits on maximum area of surface disturbance and other limitations. Page 11 - ESEE Findings and Decision (Site No. 496) 013'-1301 Exhibit B To Ordinance 94-051 LEGAL DESCRIPTION The West Half of the Southwest Quarter (W 1/2 SW 1/4), and the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) in Section Four (4), Township Nineteen (19) South, Range Fourteen (14) East of the Willamette Meridian, Deschutes County, Oregon, less that 12.34 acre portion of the State Highway property described in that certain deed recorded in Volume 49, Page 319 Deschutes County Deed Records located therein and excepting the Old Bend -Burns Highway.