1995-16902-Minutes for Meeting August 09,1989 Recorded 5/18/199595-16902 0146-0'792 DESCHUTES COUNTY BOARD OF COMMISSIONERS SURFACE MINING HEARINGS August 9, 1989° °' ! 8: 3 ' ass .+ � i � Deschutes County Administration Building 6:30 PM Call to Order Commissioner Maudlin Commissioner Throop wa Staff members present Director, George Read, recorder. Public Hearing called the meeting to order at 6:35 PM. s also present, Chair Prante was absent. were Karen Green, Community Development Interim Planning Director, and Sue Stoneman, The order of the hearing was established based upon numbers of people present to testify on the various sites. Commissioner Maudlin then outlined the purpose and procedures of the hearing. He announced that this hearing would be held open for written testimony until Wednesday, August 16th at 5:00 PM. Site 314 George Read gave the staff report and showed the site location on a map. This is a 270 acre site owned by Deschutes County containing an estimated 150,000 cubic yards of fill material. The site is located west of Highway 20 in a rural residential use area. Staff had recommended SM zoning with the standard conditions. Commissioner Maudlin asked for declarations of conflict or challenges. There were none. He then called for proponent's testimony. Dick Johnson, Public Works Department, stated that the map shown is in error. This is a 270.6 acre site which includes all of the taxlot, which -lies on either side of Byram Road. They have not done any extraction from this site in the recent past. This is dirt and fill material, not crushable rock for aggregate. They support the staff's and Planning Commission's recommendation on this site. He did not know how the site was originally acquired by the county or if it had ever been mined in the past. A member of the public in the audience stated the site was acquired through a land trade with BLM to be used for dirt after Knott Pit was exhausted. Mr. Read stated there is nothing on file to indicate that this site had been considered for mining in the past. There are no visible entries on the site. Commissioner Maudlin then called for opposing testimony. 1 EY ti ;C 1995 k!Ay .07 0146-0793 Gene Stengall, 62155 Cody Road, stated that people used to dump garbage at this site before Knott Landfill opened. He stated there are 500 year old trees on the site. He had offered to buy the parcel, but they raised the price. He had offered the assessed value, he thought the Assessor's office quoted price. Commission Throop explained the actual process. Gladys Bigler, 62139 Cody Road, stated that she was going to ask that this hearing be canceled since the proposed use will effect more than 160 landowners and 138 residents within one half mile of the site. She presented each commissioner a packet of information. She received notice only nine days ago and noted that many others received no notice at all. She noted the map mistake. She had visited the Planning Department and received a better copy of a map and a copy of the ESEE analysis. In that analysis, she felt some of the findings in the analysis which are harmful to human health and adversely impact wildlife and causes soil degradation. She said that the ESEE analysis incorrectly states that there is only one use within one half mile of the site. She had submitted a map that shows all the houses for the 138 residents of the area. She was concerned about her family's health and property values. She was told there were no intended changes in store for the property when she purchased her property. She asked that the Board follow the precedents of the Varco and Livesay sites. Ethel Riper, 22820 Bear Creek Road, stated that she lives within 200 feet of the site and did not get a notice. She is concerned about potential impacts on the environment. She has seen a herd of deer, quail, coyotes, eagles, badgers, and marmots on the site. Neighborhood children ride their horses across the site. She stated that she was against destroying it. Mike Lenney, 62320 Byram Road, stated that they purchased their house in 1972. They enjoy the area and hate to see it turn into a dump site or anything like it. Commissioner Throop asked if there was any evidence of mining on this site. Mr. Lenney stated there is no evidence of mining on this site, but there is on the COI property on the west side of Byram. Jean Whitworth, 23340 Bear Creek Road, stated that she was concerned about the lack of updated information upon which decisions were being made about sites. Nancy Brown, 22585 Marty Lane, stated that they are upset with the zoning change because of the truck traffic, dust, noise, and pollution that would result. They bought their home about two years ago and they enjoy their lifestyle. George Brown stated his concurrence. E 0146-0794 Wayne McCaskill, 62215 Byram Court, supports the testimony of the others speaking in opposition. He stated that the only mining that has ever been done in the area was on the COI property. He noted the presence of deer and other wildlife on the site and in the vicinity. He questioned placing mining sites in residential areas when other sites exist in more isolated areas. Commissioner Throop explained the process of placing sites on the inventory and then doing an ESEE analysis on each one for zoning. Lori Anderson, 6290 Wallace Road, stated that they moved to their home about five years ago and they love their place. They walk every morning and see deer and one morning they saw an elk. There are quail and porcupine in the area as well. She is against having this site near their home mined. Jane Roberts, 22520 Caroline Court, was concerned that the ESEE analysis consider the full number of people in the area, rather than just one as stated. She has small children and noted there are several bus stops along Byram Road and no bike lanes. She was concerned about the dangers posed by truck traffic to children. She noted the presence of a dangerous intersection at Alfalfa Market Road and Highway 20 which would be an additional concern with the increased truck traffic. Dan Hull, 62245 Cody Road, stated that he used to work in a rock quarry in Boise. He doesn't see how they could practice any effective noise control at this site. He agrees with previous opposing testimony. Susan Walsh, 22565 Marty Lane, stated she just moved here in April and they were not informed of any of this at that time. She and her husband have both seen wildlife in the area. Bernie Metson, 62328 Byram Road, stated that 150,000 cubic feet of fill is about one week's worth of dirt and the effort necessary to get the dirt out makes it non -cost effective. She asked what the plans are when the dirt is out, if it would be filled up with garbage. She has seen an eagle, deer and coyotes in the area. Children play in the area and go down the road. Commissioner Throop responded that they have no plans for this site. Christie Elder, 62344 Wallace Road, stated that her neighborhood is on a community well which is right next to the subject property. She expressed her concern for the well and for the children in the area. Terry Rako, 62245 Byram Road, stated that most everyone has invested a lot of money to move into this area and they don't want property values to go down. Most of the nearby residents enjoy outdoor activities. She also has seen wildlife in the area and expressed concerns for the safety of neighborhood children. 3 0146-0'795 Jan Barroty, 6261 Deer Trail Road, stated she rides her horse out there and asked how they would reclaim 500 year old junipers. Mr. Read explained how the 'one dwelling' statement was contained in the report, it was accidentally pulled from the text of another similar report. There was no further testimony on this site. Commissioner Maudlin stated they would announce their decision between 10:00 AM and 1:30 PM on Wednesday, September 6. Site 339 Commissioner Maudlin called for declarations of conflict or challenges. There were none. George Read gave the staff report. This is a county -owned fill site on Edmondson Road. Conflicting Goal 5 resources are open space and fish and wildlife habitats. Staff recommended SM zoning with the standard conditions. This is a fill site and has no cinders, as the staff report incorrectly states. Commissioner Maudlin called for proponent's testimony. Dick Johnson, Public Works Department, stated that this is good fill material, but is not a high priority for them since it is not crushable rock. They are not aware of any grandfathered mining activity at this site. There has been no recent activity by the county at this site. He noted that the site is located one mile north of the highway between Sisters and Redmond within five to six miles of Fryrear. He stated that there is not much fill material at Fryrear. Commissioner Maudlin then called for testimony from opponents. John Hicks, 69283 Holmes Road, stated that he has property adjoining the subject property. He submitted a petition and letters from neighbors. He also handed out some maps. He felt the staff report was inconsistent in some regards, and thought there may have been some confusion between this site and site 459 which is a cinder site. The appraisal was done in February and Mr. Bancroft was upset by how cursory the appraisal had to be. Because of the cold he couldn't get out of his car much. He thought the 200,000 cubic feet of fill may be a generous estimate. He stated that this was a residential area disguised as a rural area. There are substandard roads in the area that wouldn't hold up to truck traffic. He said the deer travel through a corridor in the area. Don Johnson, 69089 Holmes Road, stated that his property adjoins this parcel. He questioned the estimated quantity, stating that he is a building contractor and has some familiarity with fill material. He stated that about 80% of the site is a ledge with 2 0146-0796 rocky fill. He was concerned about property values. The staff report indicated that a site of this type will not affect property values, but he talked to realtors who said that it would. He is currently developing some small sites. John Hicks stated there is some written testimony from a realtor who says that some of her clients have become aware of this proposal and are reluctant to purchase neighboring sites, and properties are being sold for less money. Jim Cummins, 17732 Edmonson Road, is directly across from the proposed mining site. He was concerned about wildlife in the area. He has lived in this area for 20 years and the area to the north is totally undeveloped. He stated that a cougar has been sighted in this area. Running into the Metolius River basin there is an abundance of wildlife that come into the area. There is a family of coyotes in the area as well. This is a very quiet area which will be disrupted very much by the noise and trucks resulting from mining. He listed wildlife he has seen in the area as bobcat, quail, nesting owls, dove, -sparrow hawks, and rabbits. He suggested a better resource offered by this land is open space and that the value of the conflicts outweigh the value of the fill resource. He asked that the property be zoned EFU-40. Dennis Staines, 17625 Edmonson Road, was concerned about the truck traffic. He lives on a corner and he estimates that a truck would go by every 7.5 minutes 8 hours per day for two years based on the quantity estimates. This would create an almost constant sound of trucks at their home. He was also concerned about danger to their children who ride bikes on the road. Tygh Redfield, 68860 Goodrich Road, stated that this land has never been used for mining in the past. He owns property in the area and is very familiar with the ridge. This ridge has been used for grazing in the past. There is shallow soil on the top of the ridge with large chunks of rock, minimizing the value of the resource. He had spent about an hour that day on the site looking for fill and could only find a small amount on the south end of the site. He stated that there are no grandfathered mining rights on the site. Commissioner Throop asked how they arrived at the 200,000 cubic foot figure. Mr. Read responded that this was based on a document submitted by the Public Works Department which may have been prepared by Century West Engineering. There was no further testimony offered on this site. Commissioner Maudlin stated that the Board would announce their decision on this site between 10:30 AM and 1:30 PM on September 6. They will accept written testimony on this site for another week. 5 0146-079" Site 358 Commissioner Maudlin asked for declarations of conflict, contacts, or challenges. Commissioner Throop stated that he has had some contacts with Dick Heinz, Carol Jackson, and Pat Gisler approximately one year ago. There were some issues related to the Tumalo Mall property. They met with the neighbors in the area and Pat Gisler and Jim Curl to talk about the future development of the mall and whether it would be appropriate for surface mining. There was agreement to disagree and that entire discussion was deferred until this hearing. The fact that he was involved did not bias his ability to be an impartial decision maker on this site. Commissioner Maudlin had no contacts. There were no challenges from anyone present. George Read gave the staff report. The site is south of Knight Street in Tumalo which lies north of the highway. He showed the site location on the map. This site is presently zoned SMR. It is five acres in size and contains an estimated 100,0 00 cubic yards of aggregate and gravel which meets ODOT specs. The staff recommendation was that the use be allowed to some degree and limit extraction to four months. All the resource would have to be removed within four months of the first entry. No other conditions were recommended except that there be no crushing on site. Commissioner Maudlin called for testimony from state agencies. Bob Robinson, 19944 Burks Lane, came forward. He was present representing the water district in the area. At a meeting held Monday night the Board of the Laidlaw Water District voted unanimously to oppose this because they have a well contiguous to the subject property and a main water line running down the east side of the property. There would be serious consequences if either of these were damaged. Commissioner Maudlin called for proponent's testimony. Patrick Gisler, Riverside Street, Bend, came forward. He is one of the owners of the property. He explained the purpose of the resource goal to the Board. He said that they are having great difficultly getting concrete -grade aggregate today. He explained that when they have a situation like this where the resource is there and they have allowed a conflicting use to be developed nearby, under Goal 5 there is a prescribed method for dealing with conflicting uses. They need to mitigate the conflicts, not mitigate the resource. He stated that they have to recognize the issue is not whether the resource can be used, the issue is what they need to do to protect the interest of those in conflict. He understands the concern of the neighbors and he thinks they can do a proper job of mining the resource and ending up in a situation where there was modest, if any, effect on the neighborhood and a better piece of property as a result. He stated that may not be the case for every site in the county but if the process takes G 414 6-� place during a short period of time under standards and con i s and with conditions of reclamation it can be successful. He stated that it is the Board's job to make sure that a responsible job is being done of mining. He also felt that the current setback laws violate state law and that setbacks in terms of mining were not relevant. He stated that once a site is committed to mining it is foolish to waste some of it. He suggested they have increased standards of reclamation instead. Joel Gisler, 321 Riverfront, Bend, stated that they can improve the property by mining it. Hearing no further testimony in favor, Commissioner Maudlin called for opposing testimony. Dick Heinz, 19939 Fir Lane, Tumalo, stated that the Gislers' perspective is from personal gain. He's not looking out for the public, the public has the right to decide whether it should be protection of the residential use area or wildlife or. the aggregate resource. These aspects have to be balanced .according to each individual situation. There is a limited amount of resource there, so that brings up the question of whether it is feasible to allow the mining interests. He also noted the visual impacts from the highway. He stated they had had poor turnout at the hearing because of the lack of notification and an error in the site plan map showing the site in the wrong location. He also noted the potential for future development in the area which would also conflict with this use. He noted traffic access problems with the site that will be used by large trucks. William Allreth, 1911 Nichols Market Road, had a new home built there last year. Coming from Bend, he felt that this was the only decent area left because of other mining sites. He felt it would be a shame to tear up this area too. He questioned how it would be possible to increase the value of the property by extracting this material. They cannot fill it back up, they can only level it off. Russell Haley stated that he concurs with Mr. Heinz's testimony. Donald Jackson, 19894 Eighth Street, stated that he lives directly north about 50 feet from the edge of the subject property. He was opposed to this because it has never been designated mining site. Because of its size, he doesn't think it should ever be considered for mining and because of the residences and businesses next to the property. He asked about the 250 foot setback required in the ordinance and if it would apply to this site. He asked how the site would be reclaimed, and expressed doubt that it could be. He mentioned the safety factor with traffic from Eighth Street, which is a substandard street and will deteriorate rapidly. He was also concerned about the angle of access from Eighth Street to Cook which would be hazardous. He was also concerned for children on 7 0146-0'799 bikes riding near the edge of the pit. He expects that reclamation would occur by refilling the site after each extraction if the site is to be made as good or better. He did not think that would ever occur. He asked where this fill material would come from. He stated that while few people benefit, many will suffer by this use. Virgil Idler, 19939 Birch Lane, stated that he has a well that is not very deep and he doesn't want to see a mine in there for that reason. He felt that their area was already too heavily impacted by existing mining activity. He suggested getting the resource from sites away from residential development. He did not feel that this one site was going to have any significant impact on the quality of cement in Deschutes County. George Fitzgerald, 19930 Birch Lane, showed the location of the streets on the map. He did not think there were five acres of minable property on the site. There was no further testimony on this site. Commissioner Maudlin stated that the Board would announce their decision on this site on September 6th at 10:00 AM. They will accept written testimony until August 16th at 5:00 PM. Site 303 George Read gave the staff report. This is an 80 -acre site owned by Cascade Pumice. Staff recommendation was to allow mining with some restrictions. This is a site located off of Johnson Road within the Tumalo Winter Deer Range. They have recommended a winter closure of the site. Commissioner Maudlin called for advisory testimony from public agencies. Norm Behrens, Oregon Department of Fish and Wildlife, reiterated that this site was within the winter deer range, and requested that activity be restricted from December 1 through April 30, with no blasting during that period as well. Commissioner Maudlin called for proponent's testimony. Chuck Clark, Cascade Pumice manager, came forward. He stated that the southwest portion of this site has been previously mined for pumice, but it was not mined by Cascade Pumice. Bend Aggregate had mined some gravel from it. He did not think there was a site and reclamation plan yet on this site. The area that would be mined is about 25 acres at the most, and probably less than that. There was some discussion about whether this site was grandfathered or not, with no conclusion reached. Mr. Clark stated that the mining done in the past was gravel and pumice. Commissioner Maudlin asked for opposing testimony. 0146-0801 Lois Stoops, 61466 Tumalo Rim Drive, came forward representing herself and her husband, Al Stoops. Mrs. Stoops read aloud their prepared testimony. She stated that her husband suffers health problems and she asked that they consider the human element in their decision. She noted the proximity of the site to the Tumalo State Park, which is a popular destination for cyclists. Also, there are many people who walk along the roads in the area, which would be in danger due to truck traffic. She stated that the residential, tourism, and sport uses of the area are not compatible with mining. Robin Toomey, 64131 Tumalo Rim Drive, felt that the winter closure was not enough since the deer return in September. She has seen eagles, owls, porcupines, and badgers in the area. Carl Zuber, 64079 Tumalo Rim Drive, stated that he often walks in the area. He stated that about half of the site has already been mined for aggregate and the area to the west is pumice. He is concerned about the effects of wind and dust on the state park and concerned about impacts to wildlife. This is currently a juniper forest, and about the only area nearby that deer can run in the winter. He has also seen eagles there during the winter. He stated that the west side of the site has not been mined before and should be preserved. Steve Barber, 64122 Tumalo Rim Drive, was concerned about noise, dust and truck traffic on Johnson Road. There is a 40 -lot development in the area that will be affected. This pit is on a bluff that can be seen and heard from the state park. He stated that this is a major bike route, and there is no bike lane on Johnson Road which would make further truck traffic very dangerous. He noted that usual wind patterns will blow dust into the state park. The site is at most one quarter mile from the river. He was also concerned that trucks may come directly through their development. There was no further public testimony offered on site 303. Site 356 Commissioner Maudlin called for declarations or challenges. There were none. George Read gave the staff report. This site is located on Mock Road and Tumalo Reservoir Road. The site was zoned SM in 1982 after a zone change request. This is a 120 acre site owned by Tumalo Irrigation District and operated by Cacade Pumice. The site contains an estimated 2,000,000 cubic yards of pumice according to an estimate made one year ago. Conflicting Goal 5 resources are open space, and fish and wildlife habitat. Rural residential uses are a further conflicting use. There are 50 taxlots within one half mile of the site. Staff had recommended approval with the standard conditions. One of the conditions was 0 to limit activity to five acres at a time with ongoing reclamation. They are operating under an existing site plan. Commisioner Maudlin called for neutral testimony. There was none. He then called for proponents' testimony. Chuck Clark, Cascade Pumice, came forward. He stated almost done mining this area and he thought there some confusion with the 40 -acre site they also have this site would be finished within one year, they ha site for about six years. Commissioner Throop estimates remains in the site. Mr. Clark estimated 500,000 cubic yards remains. Commissioner Maudlin asked for opposing testimony. they are may have been He estimated ire been in that asked what he that less than Kitty Warner, P.O. Box 5082, Bend, came forward. She noted that she was unable to be at last night's.hearing on the 40 acre site. She was concerned about road hazards. They are now building a home one half mile south of this property and their entrance will be off of Tumalo Reservoir Road where Mock Road comes in. She noted the hilly road created a greater truck hazard. School buses and bicyles travel this road. She was also concerned about the health hazard and noted the presence of considerable dust at times. She has been treated for dust allergies and has been told that living in an area with that many dust particles could be harmful. She also spoke of noise pollution. As a-realtor, she had clients looking at property based on the outcome of these hearings. She had one client decide against a listing on the spot due to the presence of Cascade Pumice equipment operating across the road and the noise it created. She stated that Tumalo property holds its value very well usually. Without restrictions on the air, noise, and dust pollution, she estimated property in the area would be devalued by 50%. She recommended that Cascade Pumice reimburse property owners for the devaluation if allowed to operate. Dick Northon, 19273 Tumalo Reservoir Road, stated that within the landscape management zone, any use within 1320 feet of the highway must protect the scenic value of the highway, and that would apply to Tumalo Reservoir Road as well. He understands the mining is almost complete, but pointed out this would have visual impact in any case. He stated that Goal 5 also protects air quality. Pumice dust isn't just dust, it is extremely fine particulate matter that is a special health hazard. Just exposing the pumice to the air produces extremely fine dust, 1/10,000 of an inch and smaller. They have seen plumes of this dust spreading over many square miles carried by the prevailing winds. He also mentioned the truck hazards. He is opposed to any surface mining in the area because it cannot occur without further deteriorating air quality. Ken Johnson, 64144 Tyler Road, stated that he is representing 600 people in the area. He reminded everyone of the health, dust, 10 0146-0802 noise, and safety factors involved. He also spoke about bicyclists, joggers, and wildlife, stating they want to preserve the natural beauty of the area. He showed a map indicating about 15 mining sites in the area, and stated they are against surrounding this area with mining. Jan Kaley, 19251 Tumalo Reservoir Road, stated she opposes the extension of this site for many of the same reasons given the night before, such as air quality and scenic value. Their view goes right over this site. She stated that Mr. Clark had indicated to her that the ridge was hardpan and would not be mined. Mr. Clark responded that the area she was referring to is all part of this 120 -acre site. The chimney and that small area will be preserved. Commissioner Throop asked Mr. Clark to describe Cascade Pumice's holdings in the area. Mr. Clark pointed them out on a map, indicating that in section 36 they will be out in another year except for the cinder pit. They will be out of the 120 -acre site on section 35 in another year and then four to five years or less for the 40 acre site. There was no further testimony offered on this site. Commissioner Maudlin announced the hearing would remain open for written testimony for one week. Site 246 Commissioner Maudlin called for declarations of conflict or pre - hearing contacts or challenges. There were none. George Read gave the staff report. This site is on Squaw Creek, owned by the State of Oregon, and operated by Gary Tewalt. It is located near Sisters and zoned FP. The site is within the creekbed. It is a ten acre site estimated to contain 10,000 cubic yards of ODOT grade aggregate. Mr. Read indicated they had limited information on the quantity and quality of the resource. Since this is within the bed of Squaw Creek, it is listed as a state-owned site, but it is unclear how much of this is outside of the actual bed and on the property of the surrounding property owners. This was originally permitted in 1981 by the Division of State Lands as a stream enhancement program as a result of flood damage. The county had issued a stop work order on the site at one time because they had exceeded limitations on their permit. They do have a fill and removal permit, but the conditions placed on it have not been met. Due to the conflicting uses in the area and the value of the resource, staff recommended that this site not be zoned for surface mining and the Planning Commission upheld that recommendation. Commissioner Throop stated that he does have a contact on this site. In July, 1987, he had contact with bill Dugan who was concerned about the activity and since that time he has talked to 11 0146-0803 him on at least 12 occasions and has worked with the planning staff and the Division of State Lands to try to get Mr. Tewalt to meet the conditions of the permit. He talked with Ren Bierly as recently as two days ago on this site. Commissioner Throop stated that the fact that there was a violation and that he has had contact with others does not bias his ability to make an objective decision on this site. At this point Commissioner Maudlin again called for challenges. There were none. Mr. Read submitted a letter and a picture into the record he had received earlier in his office. Homer Davis, 16050 Highway 126, stated that Mr. Tewalt did some work on his property a little over two years ago and had a lot of trouble with the permit. He would like to know how much has come out of the creek so far, and asked that Mr. Tewalt not extract more gravel from the creek where it crosses his property. He was concerned because he was going down the creekbed and did not know if this was included in the permit. He indicated he would write a letter to the state requesting this information. Gary Tewalt, 16410 Highway 126 East, Sisters, came forward indicating he had only come to answer any questions. He felt that this had been blown out of proportion and gave some background on getting the permit. He has no intention of mining this further, stating the whole intent was to salvage the erosion problem in the creekbed. They have lost several acres on their property as a result of it. He has not made a request to rezone this site for mining. Commissioner Throop asked him about a letter sent to him by Ren Bierly at the Division of State Lands. Mr. Tewalt responded that he had received and had not yet responded, but he intends to. He gave some background on the reclamation effort on this streambed. There was no further testimony offered on site 246. Site 249 Commissioner Maudlin called for declarations of conflict or pre - hearing contacts'or challenges. There were none. George Read gave the staff report. This site is located southeast of Sisters on Highway 20 one half mile west of Cloverdale Road. - The site is presently zoned SM. It is a 12 -acre site containing an estimated 250,000 cubic yards of quarry rock owned by R.L. Coats. Staff had identified conflicting resources as open space and scenic views and sights. Staff had recommended approval subject to standards which included a seasonal operating condition. Staff further recommended that processing be allowed on site. There are DOGAMI permits dating back prior to 1977 on this site. He did not know whether there had been previous mining activity on the site. 12 0146-0804 Commissioner Maudlin called for neutral or proponent's testimony. There was none. He then called for opposing testimony. Allan J. Gilbert, 67555 Cloverdale Road, asked where the access would be for the site, off of Highway 20 or Harrington Loop. Mr. Read responded that they had direct access on Highway 20. Mr. Gilbert was concerned about the accumulation of sites in the area and traffic safety on the highway. He noted there have been several accidents in the area. The northwest wind comes through his place and he was concerned about dust and noise. He stated they had tried to contact neighbors about this but had not been able to contact everyone. Catherine Grogan, 67580 Highway 20 West, stated that this area is now very beautiful. She showed the location and flow of traffic. She was concerned about direct access on Highway 20 with large trucks turning slowly onto the road becoming a severe traffic hazard. They have a northwest wind that comes up daily which will affect them. She noted the presence of two Arabian. horse ranches in the area that would be affected. She has not observed any evidence of previous mining activity on the site. They will submit a petition from people in their neighborhood. Mr. Read stated that in 1977 the County granted a conditional use permit on this site and DOGAMI permits have been given every year. All permits are inactive. The conditional use requires an access permit from the Highway Division. He stated that it is not clear whether this is a legal site or not. Site 370 Commissioner Maudlin called for declarations of conflict or pre - hearing contact or challenges. There were none. George Read gave the staff report. This is the headquarters site for Bend Aggregate and Paving located in Tumalo. There is some question about the actual amount of resource left on the site. Staff had recommended approval with conditions include ODF&W conditions. The Planning Commission had removed that condition from their recommendation. Commissioner Maudlin called for neutral and proponent's testimony. Jim Curl, 63259 Old Deschutes Road, stated that this is their company's headquarters. They do crushing and asphalt there, and their main office is there. It has been a mining site for about 50 years. They have been there for 35 years. He stated there is basically no sand or gravel resource remaining on the site except what's under the road, house, and shop. There is a site to the south that will come up in another hearing. Norm Behrens, ODF&W, noted that an ODF&W condition had been mentioned, but he did not know what that would have been since the site is outside of the winter deer range. The only thing he could 13 01146-0805 think of would be something to do with the river, in which case that would be in conjunction with the Division of State Lands. There was no further testimony offered on this site. Site 251 Commissioner Maudlin called f hearing contact or challenges. the staff report. The site Highway near Cline Falls near is presently zoned SM and corridor. It is a 25 -acre sit an estimated 125,000 cubic yar sensitivity raptor use area w had recommended approval wi recommended that a portable operation. There are prior inactive status to 1979. historical level of activity. which is on file. or declarations of conflict or pre - There were none. George Read gave is located on the Redmond/Sisters where the "Bird Man" lives. The site is within a landscape management e owned by William Cherry containing ds of aggregate. This is in a medium ith some cultural resources. Staff th the normal conditions. They crusher be allowed at the time of DOGAMI permits on file showing an They do not know much about the Mr. Cherry has submitted testimony Commissioner Maudlin asked for neutral or proponent's testimony. There was none. He then called for opposing testimony. Dan Poor, 231 Riverfront, Bend, stated that he opposes mining the site because of the beauty on either side of the river. He submitted some pictures of the site for the record. He owns property in the area and stated the river provides a good place for swimming and snorkeling. He felt property values would be decreased and the proceeds would go to one individual. He has seen duck, blue heron, red-tailed hawks and turkey vultures at this site. The cliffs are lined with rocks that have nests of turkey vultures, and he submitted a picture. He stated that mining would run them off. Mining would also increase air and water pollution. The site is in direct view of Highway 126 and would be detrimental to tourism. He suggested this be added to the state park across the highway. Commissioner Throop urged him to contact the State Parks Division to see if they would be interested in acquiring the site for park expansion. There was no further testimony offered on this site. Site 390 Commissioner Maudlin called for declarations of conflict or prehearing contact. There were none. There were no members of the public remaining in the audience. George Read gave the staff report. This is the Knott Landfill site east of Bend. It was 14 noted that landfills are not proposed to be an allowed use in the SM zone. Site 388 There were no declarations of conflict, prehearing contacts, or challenges. George Read gave the staff report. The present owner has indicated they do not want it zoned SM. Mr. Read stated he had received a call indicating there was no resource remaining on this site. Site 369 There were no declarations of conflict, prehearing contacts, or challenges. George Read gave the staff report. This is the largest Tumalo Irrigation District site which is zoned SMR now. It has been used as a stockpile site. The resource has been depleted. The site is located just out of Tumalo heading toward Sisters. Commissioner Maudlin noted there is a 225 foot highway right of way across the site which doesn't leave much to zone. Since there is no resource there they can zone it just for stockpiling purposes or for equipment storage. There is no equipment stored there now and that has not been an historic use of this site. Adjournment Being no further business, the meeting adjourned at 11:02 PM. DESCHUTES COUNTY OF COMMISSIONERS 4--o&'a ois - toprante, Chair )001 Commissioner in, C mmissioner ` /ss 15