1995-42482-Order No. 95-174 Recorded 12/7/1995REVIEWED
95+42482 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTt, *EGON
An Order Calling Up for Review a Plan
Amendment to Revise the ESEE for Surface
Mining Site No. 404.
N
ORDER NO. 95-1740148--15 f)(I
WHEREAS, the Hearing Officer recommended approval of a proposed
plan amendment to revise the ESEE document for Surface Mining site 404;
and
WHEREAS, under Title 22 the Hearings Officer's recommendation must
in the absence of an appeal or review be adopted without change; and
WHEREAS, the Board of County Commissioners has determined that it
is desireable to make certain changes in the ESEE document before
adoption; and
WHEREAS, Section 22.28.050 allows the Board of County
Commissioners to call up for review any decision of a lower Hearings
Body; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the Hearings Officer's decision and
recommendation to approve PA -95-9 to revise the ESEE document for
surface mining site #404 is hereby called up for review. The purpose
of the review shall be as follows:
(1) To allow for the record to be supplemented with the record
developed before the Planning Commission;
(2) To allow for revision of the ESEE to include a discussion on
what differentiates this site from other surface mining sites
to which a winter closure applies; and
(3) To consider whether in the Program to Meet the Goals there
should be an allowance for adjustments to be made to the
winter closure criteria, and if so, what mechanism should be
used for such adjustments.
Further testimony and argument shall be limited to these issues.
1 - ORDER NO. 95-174 (12-7-95)
014 8-1 f5k Ul
Section 2. Staff shall give such public notice as is necessary to
comply with applicable law.
DATED this 7th day of December, 1995.
ATTEST:
(jzI, -4
Recording Secret ry
2 - ORDER NO. 95-174 (12-7-95)
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
Y H. SLAUGHTER,
"Itv- 7C
RT L. NIPPER, C
Commiss
ssioner
