1995-24348-Ordinance No. 95-041 Recorded 7/12/1995REVIEWED
95-243,18 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending PL -20,
Deschutes County Year 2000
Comprehensive Plan, Revising the
Mineral and Aggregate Resource
Inventory for Deschutes County,
and Declaring and Emergency.
ORDINANCE NO. 95-041
WHEREAS, the southern 240 acres in tax lot 200 in Sections 1 and 12 of Township 19
South, Range 14 East, Willamette Meridian (the subject site), is designated as Agriculture under the
County's Comprehensive Plan and is zoned as Exclusive Farm Use, Horse Ridge Subzone, under the
County's Zoning Ordinance; and
WHEREAS, Howard M. Day has proposed a Plan Amendment to PL -20, the Deschutes
County Year 2000 Comprehensive Plan, to change the designation of the subject site from
Agriculture to Surface Mining in the County's Comprehensive Plan; and
WHEREAS, Deschutes County has previously adopted as part of the Comprehensive Plan
an inventory of mineral and aggregate resource sites, by Ordinance 90-025, including Exhibit G, a
listing of sites with significant mineral resources; and
WHEREAS, the subject site adjoins a 200 -acre portion of tax lot 200 in Sections 1 and
12 of Township 19 South, Range 14 East, Willamette Meridian, listed as Site No. 404 on the
County's inventory of mineral and aggregate resource sites; and
WHEREAS, Howard M. Day has proposed a Plan Amendment to PL -20 to add the
subject site to the County inventory of significant mineral resources and has submitted a geotechnical
report documenting the location, quantity and quality of this parcel's mineral resources; and
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, to include the listing of the subject site in the mineral and aggregate inventory; and
WHEREAS, after notice was given and hearing conducted on July 12,1995 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:
1 - ORDINANCE 95-041
KEY HED
j 31995
,u` 1 g �g95
0147-061 A
Section 1. Inclusion of New Aggregate Site on Mineral and Aggregate Inventory. That
PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended to
expand existing Site No. 404 of the county's Goal 5 Inventory of Mineral and Aggregate Resources,
as set forth as Exhibit G to Ordinance 90-025, to include the southern most 240 acres of tax lot 200
in Sections 1 and 12 of Township 19 South, Range 14 East, Willamette Meridian. Said site shall be
known as Site 404 and is more fully described as to description, location, quality and quantity of the
resource as Site 404 in the aforementioned Exhibit G to Ordinance 90-025 as amended herein,
attached hereto as Exhibit A and by this reference incorporated herein and as shown on the map
attached as Exhibit B to Ordinance 95-043 and by this reference incorporated herein.
Section 2. Designation of Impact Area. The impact area for the expanded Site No. 404
shall include all areas within 1/2 mile of the boundaries of the Site, as set forth in Exhibit B to
Ordinance 95-043 and by this reference incorporated herein.
Section 3. Additions and Deletions. Additions, if any, to text or tables are set out in bold-
faced type and deletions, if any, are bracketed.
Section 4. Findings in support of its decision. The Board adopts the Decision of Hearings
Officer, attached hereto as Exhibit B and incorporated herein by reference and the findings set forth
in Ordinance 90-025.
Section 5. 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 6. Emergency Clause. 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 %6�_ day of July, 1995.
ATTEST:
J�& 6�t�
Recording Secretary
2 - ORDINANCE 95-041
BOARD OF COUNTY COMMISSIONERS OF
DESCJJUTES COUNWV, OREGON
H.
T L. NIPPER, Commi
G Q g 3 o 2 U U a) a) Y G Q C
O O O O L U bA E;^ U 11
rii b�A h y H m 5 Q cUd y y bq cUC cUC bq `" `" rii vi vi Y U Y A
W U '� U U Q q A alba Q UU £ C7
ItU U U U on a) 3 3 b 3 3 U U v U U v ^l$ �_ d
z E UrxU AAA120 uu C4C4muuUUm 04 04 w��
0
0 0
O O N
O pCl) p O
O O
00O A 00
ON O O
z �r N C M
aO Lf).�-� O O ON
i --i O
U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X 0 0 0 0 0 0 0 0 0 0 O_ O O O O
V1 � l� Cq .-� (� � •--� O .--� .-� l� O� V1 00 r .--� M M M .--i � �D �O �-+ N M oD a0
,� O N --� � O O O N� O O O O O O O N O 0 0 0 0 0 0 0 -+ N O '••+ --�
A O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
a O
000000000.<00000000000000000000O
m O 0 A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U= 0 0 0 0 0 0 0 0
O D O O N N M O cn O D O cn A N 0 0 0 0 0
O m� N� O m .--� .-� O� -- 0 0 -+ -•� --� --� O N O O O O O M M M 0 0 0 0 O
O N O-- --� --� --- N_ N N N N--
vl O v1 � N v1 v) N W) Ln vl vl
z
w
F WC� MIt Vl h w N m 00 N M It z r- m M Nt V1 z m m d V1 z I— N N
rti t W) kn r r r r r o0 00 00 V� 0� 0) ON C� 000O O — —— — —— N N
V] N N N N N N N N N N N N N N N N N N N m M M M M m m m m m m m m
C7
}�
0147-0632
o o O o 0 0 0 0 0 0 0 0 0
0 0 0
z
O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0
b
N `n O r 0 O kn N r O kn N Ln O
N v� 0
W) 00 o O o
.--� cn — — — — 'n N M M [� .--� � r .--� N � .--�
`n
0 0
o
o
a1
b
y
�M ami
C7 N C7 C7 C7 C7 C7 C7 C7 N NC7 Uel CyyJ U� N N o.�U� C�UUC.1
U
o
o b
pq o
FI
L"Ua4,01:4v�v�v�000UUV)V)00UU v�00V)V)v�cil
En U0
c."b
°
oA cyn
o LAS Lei a
an
a
P� Pel
v�
o
m
� m cl
� cl
a
Lf)
62
H
H A
Pa P4
O
H
d
0 O o o
o A o o
0 0 0 ,�
x o A A '�
0 0 0
';� o A A
0 0 0 0
o 0 o A
0 o o o 0 o
o 0 0 0 0 0
ow000��Ww000wu,000ww
0000
(D 00000
G Q g 3 o 2 U U a) a) Y G Q C
O O O O L U bA E;^ U 11
rii b�A h y H m 5 Q cUd y y bq cUC cUC bq `" `" rii vi vi Y U Y A
W U '� U U Q q A alba Q UU £ C7
ItU U U U on a) 3 3 b 3 3 U U v U U v ^l$ �_ d
z E UrxU AAA120 uu C4C4muuUUm 04 04 w��
0
0 0
O O N
O pCl) p O
O O
00O A 00
ON O O
z �r N C M
aO Lf).�-� O O ON
i --i O
U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X 0 0 0 0 0 0 0 0 0 0 O_ O O O O
V1 � l� Cq .-� (� � •--� O .--� .-� l� O� V1 00 r .--� M M M .--i � �D �O �-+ N M oD a0
,� O N --� � O O O N� O O O O O O O N O 0 0 0 0 0 0 0 -+ N O '••+ --�
A O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
a O
000000000.<00000000000000000000O
m O 0 A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U= 0 0 0 0 0 0 0 0
O D O O N N M O cn O D O cn A N 0 0 0 0 0
O m� N� O m .--� .-� O� -- 0 0 -+ -•� --� --� O N O O O O O M M M 0 0 0 0 O
O N O-- --� --� --- N_ N N N N--
vl O v1 � N v1 v) N W) Ln vl vl
z
w
F WC� MIt Vl h w N m 00 N M It z r- m M Nt V1 z m m d V1 z I— N N
rti t W) kn r r r r r o0 00 00 V� 0� 0) ON C� 000O O — —— — —— N N
V] N N N N N N N N N N N N N N N N N N N m M M M M m m m m m m m m
C7
F
o o O o 0 0 0 0 0 0 0 0 0
0 0 0
z
O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0
0 0 �y 00
00 /-.
N `n O r 0 O kn N r O kn N Ln O
N v� 0
W) 00 o O o
.--� cn — — — — 'n N M M [� .--� � r .--� N � .--�
kO kn
.--� r � ,--� .-� kn
a1
y
��[�}��]]!i W
C7 N C7 C7 C7 C7 C7 C7 C7 N NC7 Uel CyyJ U� N N o.�U� C�UUC.1
80y �U O
FI
L"Ua4,01:4v�v�v�000UUV)V)00UU v�00V)V)v�cil
En U0
G Q g 3 o 2 U U a) a) Y G Q C
O O O O L U bA E;^ U 11
rii b�A h y H m 5 Q cUd y y bq cUC cUC bq `" `" rii vi vi Y U Y A
W U '� U U Q q A alba Q UU £ C7
ItU U U U on a) 3 3 b 3 3 U U v U U v ^l$ �_ d
z E UrxU AAA120 uu C4C4muuUUm 04 04 w��
0
0 0
O O N
O pCl) p O
O O
00O A 00
ON O O
z �r N C M
aO Lf).�-� O O ON
i --i O
U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X 0 0 0 0 0 0 0 0 0 0 O_ O O O O
V1 � l� Cq .-� (� � •--� O .--� .-� l� O� V1 00 r .--� M M M .--i � �D �O �-+ N M oD a0
,� O N --� � O O O N� O O O O O O O N O 0 0 0 0 0 0 0 -+ N O '••+ --�
A O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
a O
000000000.<00000000000000000000O
m O 0 A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U= 0 0 0 0 0 0 0 0
O D O O N N M O cn O D O cn A N 0 0 0 0 0
O m� N� O m .--� .-� O� -- 0 0 -+ -•� --� --� O N O O O O O M M M 0 0 0 0 O
O N O-- --� --� --- N_ N N N N--
vl O v1 � N v1 v) N W) Ln vl vl
z
w
F WC� MIt Vl h w N m 00 N M It z r- m M Nt V1 z m m d V1 z I— N N
rti t W) kn r r r r r o0 00 00 V� 0� 0) ON C� 000O O — —— — —— N N
V] N N N N N N N N N N N N N N N N N N N m M M M M m m m m m m m m
C7
ti ff t-. �l ti w ti ti N w N N ti N ti N ti H w
p b b v o o b b b b b b C13o
b b b
F v�v�UUUUUUAv�UUUAU U V-) UAU04 U
m
cd a a a 3 3 a
O O D U U Ocli
cl,
cd cd O
h U ti'4 u �-+ w U U bA bA b�+A bA +U., N � d L U U
W A U nsCl
on G w o o¢ o U
1 o o h ami A Q ami C F,
woU o ti ti a�44a� a) 0 0
Z 0 O w 04 04 V4AA000AC7UF. F, F- F-� D 0 0 m 0gAuger 9 �
0 0 o O
0 o O O
0 O O O O
z
0
N o 0 0
C o 0 O N
-O o
E' 000 0 �c �c z 000
m r v�
a4 N o ci o N O O O Z moo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
U o o O o 0 o w O o o 0 0 0 o O o 0 0_ o O O o 0 0 0 0 0 0 o O O o
V� I� m l- 00 .--i �-+ .-•+ v� .� N O O m O CD — — m M
O O
W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0
d O0000000000000Oooc� A A CIUoOl:�DUO0000
4 N A A �O �6 �O '-+ N O OO V •-+ cn A A
O M N N N N m m m oa 0 0 0 0— m m m O m O m O m N m N m O N N N N N N N M M— M m— .-+ O O� O O ---- — O -• O �-+ O N_ N N N N -� -+ N N N N N
\O �c z z z z z O �O O �O O �O z z z z 00 00 00 00 00 00 00
.--i .--i .-i .--, .--i .--, .--, — .-r .--i ---- ---- ---- ---i .-r .--i .-r .--i .--i .--, .-. .--� .--i —
z
w
m ul 'n Ln ul V7
H N N M M M M M M M � � � � d' � W) W) W)(
� � � r-- r-00 oD 0� C� O� O� a,
V] M M M M M M M M M M M M M M M M M M M m M M M M M M M M M M M M
YJ
E -
w
N
y
U U
U
y b b
d b o b
b bO OO
OO bO
bbbbb C3
b b b b b b
014'x-0613
Q
U
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O OA O A
AD •k
F O o
0 000ow
oo,_10�OO
O
o O 0 O
O O W
z O o 0
O " 00 O
0 0
," CD O
0 0 0 0 0 0
0 0 0 0 0 0
O
O
00000
0 0 0 OO O
000 0
o 0 0
O 00 O
C o
Q b
x
Cd
ooh
0
b
N
F
b
C)
3
3 o
O O O O
vi W) N W) .--, r .-.
cd
0
b
bo
�
d
Z
a U U
ti ff t-. �l ti w ti ti N w N N ti N ti N ti H w
p b b v o o b b b b b b C13o
b b b
F v�v�UUUUUUAv�UUUAU U V-) UAU04 U
m
cd a a a 3 3 a
O O D U U Ocli
cl,
cd cd O
h U ti'4 u �-+ w U U bA bA b�+A bA +U., N � d L U U
W A U nsCl
on G w o o¢ o U
1 o o h ami A Q ami C F,
woU o ti ti a�44a� a) 0 0
Z 0 O w 04 04 V4AA000AC7UF. F, F- F-� D 0 0 m 0gAuger 9 �
0 0 o O
0 o O O
0 O O O O
z
0
N o 0 0
C o 0 O N
-O o
E' 000 0 �c �c z 000
m r v�
a4 N o ci o N O O O Z moo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
U o o O o 0 o w O o o 0 0 0 o O o 0 0_ o O O o 0 0 0 0 0 0 o O O o
V� I� m l- 00 .--i �-+ .-•+ v� .� N O O m O CD — — m M
O O
W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0
d O0000000000000Oooc� A A CIUoOl:�DUO0000
4 N A A �O �6 �O '-+ N O OO V •-+ cn A A
O M N N N N m m m oa 0 0 0 0— m m m O m O m O m N m N m O N N N N N N N M M— M m— .-+ O O� O O ---- — O -• O �-+ O N_ N N N N -� -+ N N N N N
\O �c z z z z z O �O O �O O �O z z z z 00 00 00 00 00 00 00
.--i .--i .-i .--, .--i .--, .--, — .-r .--i ---- ---- ---- ---i .-r .--i .-r .--i .--i .--, .-. .--� .--i —
z
w
m ul 'n Ln ul V7
H N N M M M M M M M � � � � d' � W) W) W)(
� � � r-- r-00 oD 0� C� O� O� a,
V] M M M M M M M M M M M M M M M M M M M m M M M M M M M M M M M M
YJ
E -
w
N
y
U U
U
y b b
d b o b
b bO OO
OO bO
bbbbb C3
b b b b b b
o
Q
U
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O OA O A
AD •k
F O o
0 000ow
oo,_10�OO
ti ff t-. �l ti w ti ti N w N N ti N ti N ti H w
p b b v o o b b b b b b C13o
b b b
F v�v�UUUUUUAv�UUUAU U V-) UAU04 U
m
cd a a a 3 3 a
O O D U U Ocli
cl,
cd cd O
h U ti'4 u �-+ w U U bA bA b�+A bA +U., N � d L U U
W A U nsCl
on G w o o¢ o U
1 o o h ami A Q ami C F,
woU o ti ti a�44a� a) 0 0
Z 0 O w 04 04 V4AA000AC7UF. F, F- F-� D 0 0 m 0gAuger 9 �
0 0 o O
0 o O O
0 O O O O
z
0
N o 0 0
C o 0 O N
-O o
E' 000 0 �c �c z 000
m r v�
a4 N o ci o N O O O Z moo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
U o o O o 0 o w O o o 0 0 0 o O o 0 0_ o O O o 0 0 0 0 0 0 o O O o
V� I� m l- 00 .--i �-+ .-•+ v� .� N O O m O CD — — m M
O O
W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0
d O0000000000000Oooc� A A CIUoOl:�DUO0000
4 N A A �O �6 �O '-+ N O OO V •-+ cn A A
O M N N N N m m m oa 0 0 0 0— m m m O m O m O m N m N m O N N N N N N N M M— M m— .-+ O O� O O ---- — O -• O �-+ O N_ N N N N -� -+ N N N N N
\O �c z z z z z O �O O �O O �O z z z z 00 00 00 00 00 00 00
.--i .--i .-i .--, .--i .--, .--, — .-r .--i ---- ---- ---- ---i .-r .--i .-r .--i .--i .--, .-. .--� .--i —
z
w
m ul 'n Ln ul V7
H N N M M M M M M M � � � � d' � W) W) W)(
� � � r-- r-00 oD 0� C� O� O� a,
V] M M M M M M M M M M M M M M M M M M M m M M M M M M M M M M M M
YJ
E -
w
N
F
F O o
0 O
0 0 o
O
o O 0 O
O O W
z O o 0
O " 00 O
0 0
," CD O
0 0 0 0 0 0
0 0 0 0 0 0
O
O
00000
0 0 0 OO O
000 0
o 0 0
O 00 O
C o
o ,, o
Y
po ,,oho
ooh
0
N
O O
"t W) — N
O O
N r, N •--�
O O O O Wn Wn
N .--, .-, r N
O
.--, kf)
O O O O [-
kn — r- �t W)
O O O O
vi W) N W) .--, r .-.
ti ff t-. �l ti w ti ti N w N N ti N ti N ti H w
p b b v o o b b b b b b C13o
b b b
F v�v�UUUUUUAv�UUUAU U V-) UAU04 U
m
cd a a a 3 3 a
O O D U U Ocli
cl,
cd cd O
h U ti'4 u �-+ w U U bA bA b�+A bA +U., N � d L U U
W A U nsCl
on G w o o¢ o U
1 o o h ami A Q ami C F,
woU o ti ti a�44a� a) 0 0
Z 0 O w 04 04 V4AA000AC7UF. F, F- F-� D 0 0 m 0gAuger 9 �
0 0 o O
0 o O O
0 O O O O
z
0
N o 0 0
C o 0 O N
-O o
E' 000 0 �c �c z 000
m r v�
a4 N o ci o N O O O Z moo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
U o o O o 0 o w O o o 0 0 0 o O o 0 0_ o O O o 0 0 0 0 0 0 o O O o
V� I� m l- 00 .--i �-+ .-•+ v� .� N O O m O CD — — m M
O O
W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0
d O0000000000000Oooc� A A CIUoOl:�DUO0000
4 N A A �O �6 �O '-+ N O OO V •-+ cn A A
O M N N N N m m m oa 0 0 0 0— m m m O m O m O m N m N m O N N N N N N N M M— M m— .-+ O O� O O ---- — O -• O �-+ O N_ N N N N -� -+ N N N N N
\O �c z z z z z O �O O �O O �O z z z z 00 00 00 00 00 00 00
.--i .--i .-i .--, .--i .--, .--, — .-r .--i ---- ---- ---- ---i .-r .--i .-r .--i .--i .--, .-. .--� .--i —
z
w
m ul 'n Ln ul V7
H N N M M M M M M M � � � � d' � W) W) W)(
� � � r-- r-00 oD 0� C� O� O� a,
V] M M M M M M M M M M M M M M M M M M M m M M M M M M M M M M M M
YJ
E -
w
N
z
U
CU
b'O
0
bbbbbbb
0 O O
O O O O 4+ 0 0 0
O
O O A O
UC7OC7C7OC7C7C7C7C7C7C7C7WC7C7C7C7WUC7wOC7
U °
,�
�y A O O
0
0 0 0 0 0 0 0
O �
0 0 0
O O O
O
O
O O O
O O O
w
wwwwwwwH
M O 0 0 O O, O"
w
0 0 0 0 0 0 0 0 O— O .--i
M M M M M M Vl �--� �--� d' �--�
v� 0 0
l� V1
�
M
O O O
� x
x
xxxxxxxx
014'7-0614
M
U
CU
b'O
0
W W w W w W W 0 O O
0 O O
O O O O 4+ 0 0 0
O
O O A O
UC7OC7C7OC7C7C7C7C7C7C7C7WC7C7C7C7WUC7wOC7
O O 0 0 0 0 U
O A O 'C b b b 'C b b h' O O O O k 0 0
,�
�y A O O
0
O O O O '� O O A
000C v 000
M
F r -i N
Z O O p 0 0 00000000 0 O O
0 0 0
O O O
O
O
O O O
O O O
O O . O O 0 0 0 0 0 0 0 0 0 O O
0 0 0 0 0 O
O
M O 0 0 O O, O"
O
0 0 0 0 0 0 0 0 O— O .--i
M M M M M M Vl �--� �--� d' �--�
v� 0 0
l� V1
�
M
O O O
vl vi l�-i H H i�-i 4l H
W a`i a`i C7 C7 � � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 a� p, C7 C7 x C7 t� C7 � a� a� a� a> a> C7
F UUv�c�C4�v�v�cnv�v�v�v�v�v�v�v�v�Uacnrnc�:v�U v� AUUUUUA�n
3 a > > > > > > > > >
0 0 0 0 0 a o 3 00
0 a c a
0 0 o b b x
x x o 0 0 0 0 0 o b bn d cd o cd U o 0 0
U U U U U U U d a� ' �. U o 8—,4 U U U p
0 En
Qw o a vi v v v v v vUU v� wb v v �v bQ 0 ob4 b4 o
ti .0oO 0 o 4) a) i 0 z�O
i
z �c) P4CAAAAAAA04 -1 �a333xA z u,Ou.�AAAao
r vi
0 0 0
N
N M
O O O
z o
N o N
H vl O O O
O O --� O O O O O O O O O O O O O N --� O .-r 0 0 0 0 0 0 -•� 0 0 0 0 0 0 0
U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O_ O O O
N N 0-� vl r N 0 O M o 0 0 0 0 .-r M 0 o 0 N N - 0 CD 0 0 0 0
0 0 0 � '-+ � O O O �--� X 0 0 0 0 0 0 0 0 O �n .--� .� 0 0 0 0 0 0 0
A O O O O O O O O O O O O O O O O O O O O O O O 0 O O O 0 0 0 0 0 0 0
W
00000000000000000000066666 O 0 0 0 0 0 0 0
d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0— 0 0 0 0 0 0 0 0 0 0
0 0 N—
a•--� .-� .-r r -I .--i .--i .--i ti .-+ .-r .--i .--i .-r N .r .--� .--i .--i .--i O O O z .-r .� O .* O
00 00 00 O� O� O� N O O O O N N N N N N N N - - - - - - - — - - - - - — -
z
w
(-o t Vl O = 0 00 M - — - - — - N m N N N M r+ N M M O) z z vl �D [� O� U1 N 00
O O O It * .--i It It It It N N N N M m It It It It t IO �D IO �D �O �O It 00 00
� � d' d' � � d' � � d' � � d d' � � d' d' � � d It It V It V
M
U U U U U U U U U U U U U U
C�6 pm P4
U N N U U N U N N N U U N N
� 0 0 0 0 0 0 0 0 0 0 0 0 0 0
� A A A A A A A A A A A A A A o 0 0 0•�
00000000000000 C7C oo7C
E�
F" o rq
O o0 0000 0
z 0 0 0 0 0 0 0 0 0 0 0 0 0
00
o 00 0 00 0 0 00 0 0 0 0 0 0 0C)
0 0 M 0 0 r- �O O O O O Ln N O N °O
N Vl v1 N N M .-y — M Cl) M .--i vl 00 — — .--i
"1r
U
O
°3 m
ti
w AbUAGU9��
to to tb�
O
O
m
N
O
O
z 0 N
H o O
i3+ N
rr
C% N N O Z MO * Z O O Z Z MO M O O O O
A O O O O O O O O O O O O O O O O O O O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0
O
z
w
0 c oo c- N N 00 N M .It N or m aO
cn 0 0 0 Ln N N N N to wF 7 d' m O*
C/� � � V1 Vl Vl Vl V1 Vl V1 Vl Vl V1 V1 Vl V1 Vl Vl lzt 1*
OJV -0615
I
3 3 3 3 3 3 3 3 3 3 3 3 3
xxxxxxxoxxxxxx
5 N
0 Cn �� 07 V) h 0 En 0 0�y V) V) W)
o
�y O O O O 0 O O 0 O 0 0 0 0 0 0 0 0 0
H H i -i H H Lr t. i -i H H
'� cd
z 00O0000 000000
Uc)
F-
O
O
m
N
O
O
z 0 N
H o O
i3+ N
rr
C% N N O Z MO * Z O O Z Z MO M O O O O
A O O O O O O O O O O O O O O O O O O O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0
O
z
w
0 c oo c- N N 00 N M .It N or m aO
cn 0 0 0 Ln N N N N to wF 7 d' m O*
C/� � � V1 Vl Vl Vl V1 Vl V1 Vl Vl V1 V1 Vl V1 Vl Vl lzt 1*
OJV -0615
I
EXHIBIT B
TO ORDINANCE 95-041
014'7-0616
DECISION OF DESCHUTES COUNTY HEARINGS OFFICER ;y ''272829„>0
FILE NUMBER: PA -95-3.& ZC-95-3
N
HEARING DATE: May 2, 1995 5, c
Y c
APPLICANT/ \:P<< 600
OWNER: Howard M. Day 9�St % £L ZL��O�
REQUEST: The applicant is requesting a Comprehensive Plan
Amendment from Agriculture to Surface Mining,
and a Zone Change from EFU to SM, for the
southern 240 cares of a 440 -acre parcel (SM Site
No. 404).
STAFF: David B. Leslie, Associate Planner
The Hearings Officer hereby adopts the Staff Report,
modified on page 6 to show that the ODOT specifications reports
are dated January 1995. The Conflict Analysis and ESEE Findings
and Decision for Site No. 404 is adopted as presented by Staff.
Based upon the findings set forth in the Staff Report, and
the findings and conclusions set forth in the Conflict/ESEE
Analysis, the Hearings Officer recommends that the Board of
Commissioners amend the Deschutes County Comprehensive Plan to
(1) place the southern 240 acres of Site 404 on the Deschutes
County's inventory for sites with significant mineral resources
and (2) change the designation of the subject property from
Agriculture to Surface Mining. It is further recommended that the
new site not be operated from December 1 through April 30 to
protect conflicting wildlife (deer) uses.
1 - PA-95-3/ZC-95-3
0147-0617
Based upon the findings set forth in the Staff Report, the
zone change from EFU to SM is approved.
THIS DECISION ON THE ZONE CHANGE SHALL BECOME FINAL TEN DAYS
AFTER THIS DECISION IS MAILED, UNLESS THIS DECISION IS APPEALED.
Mailed this day of June, 1995.
Christo C. Eck, Hearings Officer
2 - PA-95-3/ZC-95-3
a147-0618
DESCHUTES COUNTY PLANNING DIVISION
STAFF REPORT
FILE NUMBER: PA -95-3 and ZC-95-3
DATE: May 2, 1995
TIME: 7:00 P.M.
PLACE: Room A, Juvenile Justice Building
1128 N.W. Harriman
Bend, Oregon 97701
APPLICANT/
OWNER: Howard M. Day
ENGINEER: James E. Bussard
REQUEST: The applicant is requesting a Comprehensive
Plan Amendment from Agriculture to Surface
Mining and a Zone Change from EFU to SM for
an additional 240 acres of a 440 -acre
parcel.
STAFF CONTACT: David B. Leslie, Associate Planner
I. LEGAL CRITERIA:
1. PL -20, the Deschutes County Year 2000 Comprehensive
Plan.
2. Title 18 of the Deschutes County Code, the Deschutes
County Zoning Ordinance:
-Section 18.136.030, Rezoning Standards.
3. OAR 660-12-060, Plan and Land use Regulation Amendments
4. Oregon's Statewide Planning Goals.
5. Title 22 of the County Code, Procedures Ordinance.
PA-95-3/ZC-95-3
Page 1
0147-0619
II. PROCEDURE:
This land use action is a quasi-judicial zone change and plan
amendment that involves lands designated for agricultural
use. DCC 22.28.030(3) requires the Board of Commissioners to
hold a de novo hearing on the plan amendment application. No
appeal of the Hearings Officer's decision on the plan amend-
ment is necessary. DCC 22.28.030(4) states that if the plan
amendment has been consolidated with a zone change, that any
party wishing to appeal the Hearing's Officer's decision on
the zone change must file an appeal of that decision.
III. FINDINGS OF FACT:
1. LOCATION: The subject property is located near Horse
Ridge and is approximately one mile from the mouth of
Dry Canyon and approximately 18 miles east of Bend. The
property is surrounded by BIM property and is accessed
by a mile long gravelled road from Highway 20. The
subject property is identified on Deschutes County
Assessor's Map #19-14 as Tax Lot 0200.
2. ZONING AND COMPREHENSIVE PLAN DESIGNATION: The property
encompasses 440 ares in two separate zone classifica-
tions. The northern portion of the site encompassing
200 acres is zoned and designated on the comprehensive
plan map for Surface Mining (SM). The southern portion,
encompassing 240 acres, is zoned EFU, Exclusive Farm Use
(Horse Ridge Subzone) and is designated Agriculture on
the plan map. This part of the property is also within
a Surface Mining Impact Area (SMIA) Combining Zone due
its location adjacent to the SM zone property. The
entire property is located within a Wildlife Area (WA)
Combining Zone.
3. SITE DESCRIPTION: The property encompasses 440 acres
located north of Highway 20. The entire property is
surrounded by land managed by BLM. Surface mining
operations occur on the northern portion of the property
zoned SM under both DOGAMI (Oregon Department of Geology
and Mineral Industries) and County permits. A majority
of this generally level area has been cleared of native
vegetation, sage brush and juniper, and earthen berms
have been constructed with overburden material along the
western and northern boundaries of this area.
Some surface mining activity has occurred on a portion
of the southern 240 acres. This area is elevated
slightly above the remainder of the property and in-
cludes a higher density of juniper. Mining of hard
basalt and crushing of this material is proposed in this
PA-95-3/ZC-95-3
Page 2
0147-0620
area. An existing dwelling, a caretaker's ranch house,
is located near the central eastern boundary on this
portion of the property.
4. SURROUNDING PROPERTY: The subject property is
surrounded by BIM property. The area known as the
Badlands is to the northwest, Dry Canyon and the Horse
Ridge Natural Area are located southwest. None of these
geographic areas of interest are contiguous to the
subject property.
5. REQUEST: The applicant is requesting that the County
place the remainder of the parcel, the southern 240
acres, on the County's inventory for sites with
significant mineral resources and amend the plan map
designation from Agriculture to Surface Mining. A zone
change from EFU to SM is also requested. The applicant
has submitted a burden of proof statement, revised on
March 15, 1995, in support of this application. This
statement includes several appendices relevant to the
plan amendment and zone change requests, including:
1. Resource Evaluation Report
2. Resource Evaluation Report, aggregate test results
and ODOT pit certifications
7. ESEE findings and Decision for Site No. 404
8. Amended ESEE Findings and Decision
The applicant has also submitted two additional land use
applications for site plan review (SP -95-22) and a
conditional use permit (CU -95-29) for expansion of
surface mining activity, including crushing of rock
material, on the southern 240 acres. In addition, these
applications are a revision to the mining plan
previously approved by the County for the northern 200
acre portion of the property. These two applications
are being processed administratively by the Planning
Division and are not the subject of this staff report.
6. AGENCY COMMIMTS: The Planning Division solicited
comments from affected agencies and departments. Their
responses are as follows:
Deschutes County Public Works:
"There is no direct access from this project to a county
road or across county land, therefore, Public Works has
no conditions to place on access to the site. The BLM
is to approve any changes in hauling on the haul road
across BIM land. ODOT is to approve any changes in the
access to Highway 20. DOGAMI is to approve a reclama-
tion plan for the completion of the project when all
recoverable aggregate materials have been removed from
the site. The oregon Fish and Wildlife Commission is to
PA-95-3/ZC-95-3
Page 3
0147-0621
determine if any conditions are to be placed on the
project to mitigate any effects on wildlife resources.
The DEQ is to approve an operations plan and an environ-
mental impact study, if required, to control any adverse
environmental effects from the mining operations on
site.
Deschutes County Environmental Health:
"Any outbuildings or offices requiring toilet facilities
would require a septic site evaluation and septic
system."
Property Address Coordinator:
The address of record for this property is 26300 Highway
20.
Watermaster, District 11:
A water right was obtained for surface mining (General
Construction) and will expire September 23, 1995.
The following agencies had not commented at the time the
staff report was prepared:
Oregon Department of Fish and Wildlife (ODFW),
Department of Geology and Mineral Industries (DOGAMI),
Highway Division, ODOT, and BIM.
7. PUBLIC CONRENTS: No letters or comments were submitted
from the public regarding these applications.
IV. REOUIRED FINDINGS AND CONCLUSIONS:
1. Comprehensive Plan Inventory Listing and Plan Amendment
The goal of the Surface Mining chapter of the
comprehensive plan is:
"To protect and utilize appropriately, within the frame-
work established by Statewide Land Use Planning Goal 5
and its implementing administrative rules, the mineral
and aggregate resources of Deschutes County, while
minimizing the adverse impacts of mineral and aggregate
extraction and processing upon the resource impact
area."
Staff Finding: Statewide Planning Goal 5 and its
implementing rule, OAR Chapter 660, Division 16, require
local governments to identify aggregate resources
through an inventory of resource sites throughout the
county and to determine the significance of a mineral
resource site by evaluating the location, quantity and
PA-95-3/ZC-95-3
Page 4
014"7~0622
quality of a particular site. This application is being
reviewed within the framework established by Statewide
Land use Planning Goal 5 and its implementing admini-
strative rules.
The following plan policies, from the Surface Mining
section of the Resource Management section of the
Comprehensive Plan are applicable to review of this
application:
6. Land use decisions of the County shall be based
upon balanced consideration of the location,
availability and value of mineral and aggregate
resources, and conflicting resources and uses as
designated in the comprehensive plan.
Staff Finding: The County's decision regarding this
application will be based upon a balanced consideration
of the location, availability and value of the mineral
and aggregate resource and conflicting resources and
uses designated in the comprehensive plan. The plan
identifies this area for deer winter range use and that
use has been considered in this review.
8. Sufficient SM (Surface Mining) zoning shall be
maintained by the County to satisfy, at a minimum,
the demand for mineral and aggregate resources of
th County as reflected by the data contained in the
comprehensive plan. The County shall not deny SM
zoning for any mineral and aggregate resource site
for the sole reason that the demand of the Count
for that resource has been satisfied by the SM
zoning of other sites.
Staff Finding: The geotechnical reports prepared by
Mark V. Herbert & Associates for the applicant (Burden
of Proof, Appendices 1 & 2) indicate that the 240 -acre
portion of the property contains three types of mineral
resources: topsoil and fill, gravel and cobbles, and
hard basaltic rock. The quantities of material
estimated to be present in these categories in cubic
yards are 620,000, 485,000 and between 800,000 to
2,000,000 respectively. Although other sites exist in
the County for these resources this site is already
providing mineral and aggregate resources to the
community. It is anticipated that utilization of the
resources from this area will continue to occur and will
fluctuate with market demand, as is the case at other
sites designated for surface mining.
10. A mineral and aggregate resource site not on the
current inventory shall be placed on the inventory
and zoned SM when the following conditions are met:
PA-95-3/ZC-95-3
Page 5
014'7-0623
(a) A report is provided verifying the location,
type, quantity and quality of the resource;
and
Staff Finding: The northern 200 acres of the property
are included in the County's inventory of mineral and
aggregate resources (Ordinance No. 90-025) as a site
presently available for resource extraction. The
southern portion encompassing 240 acres is not included
on the County inventory. The applicant has submitted
two reports by Mark V. Herbert & Associates (April 1993
and January 1994), laboratory test results from Century
West Engineering (October 1993 and Deber 1994) and
ODOT specification reports (January 199
The information submitted by the applicant indicates
that significant resource material is present on the
property of sufficient quality to meet highway or
general construction standards. The location of the
different types of materials in the southern portion of
the property is indicated on a site map and table
submitted with the report prepared by Herbert & Associ-
ates in 1994.
The report estimates the following amounts of material
(in 1,000 cubic yard estimates for volume) within the
240 -acre area:
Area Material Acres Volume
Area 1 Hard Rock 27 800-2,000
Area 2 Gravel/cobble 75 73
Reject/drain rock 412
Topsoil/fill 363
Area 3 Topsoil/fill 128 620
The conclusions in the report are drawn from laboratory
analysis and 10 backhoe test pits examined on the site.
The report concludes that the quality of the hard rock
is good, all the other types of resource material are
considered to be of fair quality.
(b) The Goal 5 conflict identification and resolu-
tion (ESEE) process results in a determination
that the resource is of sufficient importance
relative to conflicting resources and uses, if
any, to require protection.
Staff Finding: The applicant submitted an ESEE Findings
and Decision (Appendix 9) to identify and resolve
conflicts with surface mining. Planning staff has
revised this document into a Conflict Analysis and ESEE
PA-95-3/ZC-95-3
Page 6
4__�
014'7-0624
Findings and Decision for Site No. 404, attached as
Exhibit A to this staff report and incorporated herein
by this reference, for possible adoption by the Board of
County Commissioners, as required by OAR 660-16-000.
Both documents conclude that the use of the property as
deer winter range is a conflicting Goal 5 resource. The
recommended program to meet Goal 5 at this site,
therefore, includes closure of the site for blasting,
mining and rock crushing activities, during winter deer
range use, December 1 through April 30, in order to
prevent conflicts between deer and mining.
11. The County shall identify and protect sites for the
storage, extraction and processing of mineral and
aggregate resources within the framework of Goal 5
and its implementing administrative rules.
Staff Finding: The rezoning and plan designation
process presently being conducted for this property by
the county identifies this site for extraction, process-
ing and storage of mineral and aggregate resources
within the framework of Goal 5 and its implementing
administrative rules.
2. Land Use Planning Goals
Goal 5 and Implementing Administrative Rules
Staff Finding: The County's Conflict Analysis and ESEE
Findings and Decision document for Site No. 404, Exhibit
A attached, identifies Goal 5 resources existing on the
subject property, determines the quality of the
resources, identifies conflicting use, analyzes the
conflicts between those uses and recommends a program to
achieve Goal 5, as required by Goal 5 an its implement-
ing administrative rules.
Other Goals
Staff Finding: Deschutes County addressed compliance
with Land Use Goals, other than Goal 5, at the time that
it adopted its surface mining inventory in 1990 (Ordi-
nance No. 90-029). Those findings are general, but are
appropriate for applying to the present rezoning/plan
designation request.
3. Rezoning Standards
Deschutes County Code, Section 18.136.030:
The applicant for a quasi-judicial rezoning must
establish that the public interest is best served by
rezoning the property. Factors to be demonstrated are:
PA-95-3/ZC-95-3
Page 7
0147-0625
A. That the change conforms with the Comprehensive
Plan, and the change is consistent with the Plan's
introductory statement and goals.
Staff Finding: The applicant's proposal to change the
designation of the southern 240 acres of the property on
the comprehensive plan maps from Agriculture to Surface
Mining is consistent with the goal of the Surface Mining
chapter of the comprehensive plan to identify and
protect mineral and aggregate resources, if the analysis
of conflicting uses results in a conclusion that such
resource should be protected or protected but limited to
minimize conflicts with other uses. The proposed zone
change to Surface Mining will be consistent with the
proposed surface mining comprehensive plan designation,
once the plan map has been amended by the Board of
County Commissioners.
B. That the change in classification for the subject
property is consistent with the purpose and intent
of the proposed zone classification.
Staff Finding: The purpose and intent of the proposed
rezoning to SM is to implement the goals and policies of
the comprehensive plan, allow development and use of
identified deposits of mineral and aggregate resources
consistent with Statewide Planning Goal 5, protect
health and safety of the public and residents adjoining
properties and conflicting natural resources, to provide
for reclamation and protection of land and water re-
sources and to provide for cooperation between private
parties and governmental entities in order to achieve
the purposes of the zone, comprehensive plan and state
and federal agencies.
The proposed zone change, from EFU to SM, is consistent
with the purpose and intent of the SM zone to allow
development and use of identified deposits of mineral
and aggregate resources consistent with Statewide Plann-
ing Goal 5. The restrictions imposed by the SM zone
upon mining operations, through site plan review and
approval are designed to assure compliance with state
and federal regulations. The health and safety of the
public and residents of adjoining properties will be
protected by State of Oregon air quality regulations and
county site plan review. Conflicting resources are
identified and balanced against the value of the mineral
and aggregate resource in the attached Conflict Analysis
and ESEE Findings and Decision document. Limitations on
the use of the site for resource extraction are
recommended to protect conflicting resources.
Reclamation is required by state law.
PA-95-3/ZC-95-3
Page 8
014"7-0625
C. That changing the zoning will presently serve the
public health, safety and welfare considering the
following f actors :
a. The availability and efficiency of providing
necessary public services and facilities.
Staff Finding: This site is served by a graded access
road from Highway 20. The applicant has improved this
roadway in the past two years and plans to continue to
provide maintenance to the access roadway. Water is
available from wells located on site. The applicant is
constructing ponds on site to assist in meeting his
needs for water. Electricity for mining operations is
available from several generators on site. If the
applicant's site plan requires on-site sewage disposal,
the applicant will be required to obtain a septic
feasibility evaluation as a condition of site plan
review.
b. The impacts on surrounding land use will be
consistent with the specific goals and
policies contained within the Comprehensive
Plan.
Staff Finding: Surface mining is an activity that
impacts surrounding lands. DCC 18.55.020 provides that
a SMIA zone shall apply to all property within one-half
mile of the boundary of a surface mining zone and that
the extent and location of the SMIA zone shall be
designated at the time the adjacent surface mining zone
is designated. The proposed rezoning will result in an
expansion of the SMIA boundary presently surrounding the
northern 200 acres of this site.
The SMIA zone limits the use of adjoining property for
noise or dust sensitive uses or structures, effectively
requiring adjoining owners to provide setback areas for
the mining operation. Farm use is exempted from the
provisions of the SMIA zone. The imposition of a SMIA
zone on adjoining properties will not prevent their use
for mining or agricultural uses or other uses allowed in
the EFU zone. Adjoining land is under the management of
the BLM and does not show evidence of any recent use.
Approval of this rezoning application will have minimal
impact on surrounding land.
D. That there has been a change in circumstances since
the property was last zoned, or a mistake was made
in the zoning of the property in question.
At the time the property was last zoned in 1990 (and
prior to that in 1988) no geotechnical information
existed demonstrating that mineral and aggregate re-
PA-95-3/ZC-95-3
Page 9
014'7~0644; .
sources exist on the southern 240 -acre portion of the
property. The applicant has obtained the services of
Mark V. Herbert & Associates to determine the location,
quantity and quality of these resources on this portion
of the property. Mr. Herbert has examined the property,
sampled the mineral and aggregate deposits and concluded
that approximately 2.2 to 4 million cubic yards of hard
rock, gravel/cobble, reject/drainage rock and top-
soil/fill are present on the southern 240 acres of the
property.(The wide range in this estimate is due to
uncertainty regarding the amount of hard rock present
because the overall thickness of this deposit is not
certain from the borings examined.) This change in
circumstances warrants reconsideration of the County's
decision to zone the subject property EFU.
4. OAR 660-12-060, Plan and Land Use Regulation Amendment
660-12-060 (1) Amendments to functional plans,
acknowledged comprehensive plans, and land use
regulations which significantly affect a transportation
facility shall assure that allowed land uses are
consistent with the identified function, capacity, and
level of service of the facility. This shall be
accomplished by either:
a. Limiting allowed land uses to be consistent
with the planned function, capacity and level
of service of the transportation facility;
b. Amending the TSP to provide transportation
facilities adequate to support the proposed
land uses consistent with the requirements of
this division; or
C. Altering land use designations, densities, or
design requirements to reduce demand for
automobile travel and meet travel needs
through other modes.
(2) A plan or land use regulation amendment
significantly affects a trsnaportation facility if it:
a. Changes the functional classification of an
existing or planned transportation facility;
b. Changes standards implementing a functional
classification system;
C. Allows types or levels of land uses which
would result in levels of travel or access
which are inconsistent with the functional
classification of a transportation facility;
or
PA-95-3/ZC-95-3
Page 10
0147-0628
d. Would reduce the level of service of the
facility below the minimum acceptable level
identified in the TSP.
(3) Determinations under section (1) and (2) of this
rule shall be coordinated with affected transportation
facility and service providers and other affected local
governments.
Staff Finding: The applicant's mine is the only
property adjoining Highway 20 that will make significant
use of the road. All other adjoining parcels are vacant
at this time. The volume of traffic generated by the
proposed use is estimated at 12 round trip truck trips
per hour during maximum production, during mining
operations. This moderate level of traffic should not
change the functional classification of the road or
change standards implementing a functional
classification system. The level of land use on the
subject property is such that it will not result in
levels of travel or access which are inconsistent with
the functional classisifaction of the facility nor will
it reduce the level of service of the facility below the
minimum acceptable level identified in the TSP. ODOT,
the entity responsible for the roadway, was provided
notice of the proposed activity, and did not comment on
the application.
S. Title 22 of the County Code, Procedures Ordinance
Chapter 22 of the County Code sets forth the procedures
for processing applications. This application has been
processed in accordance with the requirements set forth
in the County Code with respect to notice, preparation
of a staff report and record keeping.
6. Implementing Ordinances
All zone changes and comprehensive plan amendments must
be adopted by the Board of County Commissioners by
ordinance. Such ordinances will be prepared by the
Planning Division and Legal Counsel if the Hearings
Officer recommends approval of the proposed plan
amendment to the Board of County Commissioners and
approves the proposed zone change.
PA-95-3/ZC-95-3
Page 11
014'x-0629
CONCLUSION AND RECOMMMMATION:
Based upon the findings above, it is recommended that the
Hearing's Officer recommend approval of the applicant's
request to amend the Comprehensive Plan to list this site on
the county's inventory of mineral and aggregate resources and
to designate the site for Surface Mining on the plan map, and
approve the proposed zone change of the subject property from
Exclusive Farm Use to Surface Mining.
DBL:slr
PA-95-3/ZC-95-3
Page 12
