1995-16902-Minutes for Meeting August 09,1989 Recorded 5/18/199595-16902
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
SURFACE MINING HEARINGS
August 9, 1989° °' ! 8: 3
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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,
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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
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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.
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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
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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
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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
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