1996-44653-Ordinance No. 96-077 Recorded 12/5/1996Gil55•=0nz
9F-44653
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE 7 VN Y, bt> G`c N
ORDINANCE NO. 96-077
WHEREAS, the 182 acres in tax lot 700 in Sections 4 and 9 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, Ron Robinson, Sr. 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 Map; and
WHEREAS, the subject site adjoins a 40 -acre parcel identified as tax lot 600 in Section 4 of
Township 19 South, Range 14 East, Willamette Meridian, listed as Site No. 405 on the County's inventory
of mineral and aggregate resource sites and a 120 acre parcel identified as tax lot 500 in Section 4 of
Township 19 South, Range 14 East, Willamette Meridian, listed as Site No. 496 on the County's inventory
of mineral and aggregate resource sites; and
WHEREAS, the Deschutes County Hearings Officer, after review conducted in accordance with
applicable law, has recommended approval of the proposed Plan Map Amendment to PL -20; and
WHEREAS, after notice was given and hearing conducted on December 4, 1996 in accordance
with applicable law, the Board of County Commissioners has considered the Hearings Officer's
recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Adoption of ESEE. That PL -20, the Deschutes County Year 2000 Comprehensive Plan,
as amended, is further amended to add the Conflict Analysis and ESEE Findings and Decision for the
subject property as part of the Resource Element of the Plan, attached as Exhibit A and incorporated herein
by this reference.
Section 2. Amendment of Comprehensive Plan Map. That PL -20, the Deschutes County Year 2000
Plan Map, as amended, is further amended to change the plan designation for the subject property, described
as 182 acres of tax lot 700 in Sections 4 and 9 of Township 19 South, Range 14 East, Willamette Meridian,
and as further described by the legal description attached hereto as Exhibit B and the map set forth as
Exhibit C, both of which exhibits are incorporated herein by reference, from Agricultural Use to Surface
Mining.
Ordinance No. 96-077
Page 1
JAMCFILIAED
K P ' cmUC 1996
An Ordinance Amending PL -20, Deschutes County
* I •J T v K
Year 2000 Comprehensive Plan Map, Changing the
_
*
Surface Mining Plan Designation on Certain
Property in Deschutes County to Surface Mining,
and Declaring an Emergency.
ORDINANCE NO. 96-077
WHEREAS, the 182 acres in tax lot 700 in Sections 4 and 9 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, Ron Robinson, Sr. 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 Map; and
WHEREAS, the subject site adjoins a 40 -acre parcel identified as tax lot 600 in Section 4 of
Township 19 South, Range 14 East, Willamette Meridian, listed as Site No. 405 on the County's inventory
of mineral and aggregate resource sites and a 120 acre parcel identified as tax lot 500 in Section 4 of
Township 19 South, Range 14 East, Willamette Meridian, listed as Site No. 496 on the County's inventory
of mineral and aggregate resource sites; and
WHEREAS, the Deschutes County Hearings Officer, after review conducted in accordance with
applicable law, has recommended approval of the proposed Plan Map Amendment to PL -20; and
WHEREAS, after notice was given and hearing conducted on December 4, 1996 in accordance
with applicable law, the Board of County Commissioners has considered the Hearings Officer's
recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Adoption of ESEE. That PL -20, the Deschutes County Year 2000 Comprehensive Plan,
as amended, is further amended to add the Conflict Analysis and ESEE Findings and Decision for the
subject property as part of the Resource Element of the Plan, attached as Exhibit A and incorporated herein
by this reference.
Section 2. Amendment of Comprehensive Plan Map. That PL -20, the Deschutes County Year 2000
Plan Map, as amended, is further amended to change the plan designation for the subject property, described
as 182 acres of tax lot 700 in Sections 4 and 9 of Township 19 South, Range 14 East, Willamette Meridian,
and as further described by the legal description attached hereto as Exhibit B and the map set forth as
Exhibit C, both of which exhibits are incorporated herein by reference, from Agricultural Use to Surface
Mining.
Ordinance No. 96-077
Page 1
JAMCFILIAED
K P ' cmUC 1996
� 156-M26
Section 3. Findings in support of its decision. The Board adopts the Conflict Analysis and ESEE
Findings and Decision adopted by Section 1 above and the Decision of Hearings Officer, attached hereto as
Exhibit B to Ordinance 96-078 and incorporated herein by reference.
Section 4. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied,
of any ordinance, ordinance provision, code section or any line of any map by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance,
ordinance provision, code section or map feature unless a provision of this ordinance shall so expressly
provide, and such ordinance repealed shall be treated as still remaining in force for the enforcement of such
duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution,
conviction and punishment of the person or persons who violated the repealed ordinance.
Section 5. 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.
1.
DATED this � day of December, 1996.
ATTEST:
4P.1& -"Z
or 9g Secretary
Ordinance No. 96-077
Page 2
OF COUNTY COMMISSIONERS OF
JTES.COUNTY., OREGON
EN, Chair
BARR".ISLAUGHTER, ("ommissi
L.
Exhibit A
Ordinance 96-077
Conflict Analysis and ESEE Findings and Decision
Site No. 600
Site Number 600, occupying tax lot 700 in Township 19 South, Range 14 E.W.M.,
Sections 4 and 9, came before the Deschutes County Hearings Officer for hearing on
September 17, 1996. On September 24, 1996, the Deschutes County Hearings Officer
made a preliminary decision (Findings, Recommendation and Decision; County File
Nos. PA -96-3 and ZC-96-4) on this site. The site came before the Board of County
Commissioners (Board) for hearing on December 4, 1996. By adoption of these
findings and this decision, the Board confirms and ratifies that recommendation and
decision.
The purpose of the hearing before the Board was to determine whether the subject site
should be listed on the County's inventory of aggregate sites and should be classified
under the County's comprehensive plan and zoning regulations as Surface Mining or
"SM." For the reasons given below, the Board determines that this site should be so
classified.
PRELIMINARY FINDINGS
Site number 600 comprises approximately 182 acres and is located on the Old Bend -
Burns Highway roughly one-half mile of the east end of the road, just south/southwest
of the site of the Horse Ridge grade on Highway 20. The site is owned by Jack
Robinson & Sons, Inc. and is currently zoned EFU-HR, Exclusive Farm Use - Horse
Ridge Subzone and WA, Wildlife Area. Adjacent land is zoned EFU, SM, LM and
WA. The LM feature is Highway 20 which lies across a valley from Horse Ridge.
Most of the surrounding land is owned by the Bureau of Land Management with the
remainder in state and private ownership.
Deschutes County has previously determined that an area within one-half mile of a
mining site constitutes the impact area surrounding a mining site. This determination
has been accepted by the Department of Land Conservation and Development (DLCD)
as evidenced by DLCD's acknowledgment of the County's comprehensive plan with
respect to Goal 5.
Existing or possible uses within this impact area must be considered when determining
whether or not any conflicts with mining exist. Uses within the impact area for the
subject parcel include historic and planned future surface mining by ODOT on tax lot
#600 (also known as county site No. 405), located immediately adjacent to a portion of
the northeast boundary of the subject property. Uses on Tax lot #500, which is owned
by Hap Taylor & Sons and was recently re -zoned from EFU to SM (County site No.
496), include future surface mining activities. Tax lot #500 is located adjacent to the
northeast property boundary of Applicant's property. Adjoining the northeast property
corner is a 120 -acre area which has been divided into 16 tax lots ranging in size from
2.5 acres to 10 acres. These tax lots are undeveloped and are all zoned EFU. All
other surrounding lands are publicly owned (Deschutes County or BLM) and are zoned
EFU.
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 1 (PA-96-3/ZC-96-4)
D15L -052�
The subject property and surrounding lands lie within a deer winter �raa—ige a
designated on the County's comprehensive plan maps. A surface mine known as the
"Moon Pit" is located approximately two miles to the east of the subject property, on
the north side of Highway 20. The Moon pit is adjacent to an abandoned BLM owned
mining site. The County is considering siting a new solid waste landfill in this area.
No specific property has been identified as a landfill site.
Geotechnical evidence suggests that the subject property contains approximately 1.2
million cubic yards of topsoil, 3.6 million cubic yards of sand and gravel select fill
material, and 4.1 million cubic yards of crushable basalt and other rock aggregate
resource.
APPLICABLE CRITERIA
Criteria applicable to this decision are Statewide Planning Goal 5, its implementing
rule, OAR 660-16-000, and the Deschutes County Year 2000 Comprehensive Plan
regarding surface mining goals and policies.
ESEE FINDINGS AND CONCLUSIONS
Site No. 600
1. Inventory. The County's Goal 5 mineral and aggregate inventory establishes
that the site has 7,700,000 cubic yards of sand, gravel, and crushable basalt
which appear capable of meeting the Oregon Department of Transportation
(ODOT) standards for select fill and which are needed for use as fill material
for building construction sites throughout the Bend area.
2. Site Characteristics. The site topography ranges from moderately sloping on
the flanks of Horse Ridge on the southern portion of the property, to relatively
level between the ridge and the old Bend -Burns Highway. Elevations range
from approximately 4,000 feet at the southwest property boundary to less than
3,700 feet on the portion of the property north of the old Bend -Bums Highway.
The site is naturally vegetated with juniper and sagebrush. The old Bend -Burns
Highway traverses the northern edge of the property, in one place forming the
property boundary, and in others isolating two small areas on its north side.
There are no utilities or improvements on the site. The road to the property
(the Old Bend -Burns Highway) is paved. Land uses in the surrounding area
currently consist of undeveloped range land with no dwellings or other uses
within one-half mile. There are two surface mines adjacent to the subject
property, one has been mined in the past and one is undeveloped.
3. Conflicts Analysis.
a. Conflicts
Resource Conflicts.
Wildlife. The Department of Fish & Wildlife has identified this site for
deer winter range. The resource element of the County's comprehensive
plan shows the site to fall within a designated deer winter range.
The Board finds that winter wildlife habitat for deer is a significant Goal 5
resource, in conflict with zoning for surface mining. Full protection for the
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 2 (PA-96-3/ZC-96-4)
deer winter habitat resource would preclude zoning for surface mining as
surface mining results in the destruction of deer winter habitat, alters the
topography to create deep holes where deer may become trapped by predators,
and causes noise and dust emissions and an increased human presence which
make the area less suitable for use as deer habitat.
In other surface mining sites in the County located within deer winter range
areas, the Board has determined, with advice from ODFW, that surface mining
conflicts with deer winter range were of such magnitude as to require closure of
such surface mining sites during winter months. With regard to this site, the
Board finds, based upon a study conducted by ODFW, that the conflicts
between wintering deer and surface mining activities in the northwesterly area
of the North Paulina WA zone (where this site is located) are such that a blanket
restriction need not apply to sites falling within that area. The ODFW findings
are set forth in a document entitled "ODFW Proposed Changes to Surface
Mining Operating Guidelines in Zoned Big Game Winter Ranges."
ODFW analyzed the conflicts with surface mining presented by wintering deer
in a subarea of the North Paulina deer winter range east of Highway 97 and the
Bend Urban Area, south of the Redmond Urban Area and north of Highway 20,
as set forth in the map attached hereto as Exhibit A. The subject site falls in the
southwesterly corner of that area.
ODFW concluded, as set forth in testimony before the Planning Commission on
September 28, 1995 and in its written report submitted to the Planning
Commission and this Board, that conflicts between deer and surface mining
activity in this area are less severe in the winter months than conflicts in other
deer winter range areas in the County. This is due to a combination of: (1)
lower development pressures and lower expected development densities in this
area than in other designated winter deer ranges; (2) less frequency of use by
deer of this portion of the North Paulina deer winter range in good weather, as
measured against the management objective for each area. In particular,
ODFW concluded that unlike other deer winter ranges in the County, deer are
usually present in this portion of the North Paulina range only when winter
weather conditions become severe.
These factors enabled ODFW to recommend to the County that conflicts
between surface mining and deer winter ranges could be managed under a plan
that prohibited mining activities only when weather factors indicate that deer
will need to use the areas or that such numbers of deer are observed using the
area that suspension of mining activities is warranted.
The Board adopts as its findings the findings of ODFW set forth above.
Further discussion of the specific program for balancing the conflicting uses
will be set forth in the section of this ESEE document entitled "Program to
Meet the Goal. "
2. Scenic Vistas. The comprehensive plan designates Highway 20 as a
landscape management feature from which to maintain and enhance
scenic vistas and natural landscapes.
The Board finds that the scenic vista presented along the stretch of Highway 20
near the subject property is a significant Goal 5 resource in conflict with zoning
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 3 (PA-96-3/ZC-96-4)
for surface mining. Full protection for the natural landscape would preclude
zoning for surface mining as surface mining results in the destruction of natural
topography and the presence of heavy machinery and blasting.
The entire property, however, is not visible from Highway 20. Therefore, in
order to meet the intent of the comprehensive plan, only a portion of the
property at higher elevations would need to be excluded from surface mining
operations.
Based on ODFW recommendations noting areas of prime wildlife habitat on the
subject property and County staff observations on site, the Board finds that
exclusion of the southwest corner of the property above the 3,800 foot elevation
from mining activities would further mitigate wildlife conflicts and eliminate
open space/scenic conflicts. Further discussion of the specific program for
balancing the conflicting uses will be set forth in the section of this ESEE
document entitled "Program to Meet the Goal. "
Land Use Conflicts.
Land uses on the EFU-HR (Exclusive Farm Use - Horse Ridge Subzone) and
SM (Surface Mining) zones surrounding the site are set forth in Title 18 of the
County Code. The Board finds that given the impacts associated with surface
mining, all allowed uses in the EFU zone are conflicting in that full protection
of those uses would preclude zoning for surface mining because those uses
cannot occupy the same space as surface mining activities on the site. In
addition, farm uses on adjacent property involving livestock operations can be a
conflicting use. In particular, grazing allotment(s) on adjacent BLM land may
conflict with the surface mine as the only existing restriction on livestock
movement is a fence crossing the subject property. This conflict can be
eliminated by moving the fence to align with the property boundary. The fence
should meet the criteria for fences in the Wildlife Area zone in order to
minimize wildlife conflicts.
The Board finds that no conflicting allowed or conditional uses currently exist at
the site or within the impact area apart from the grazing allotment mentioned
above. Further, the Board finds that such uses, with the exception of livestock
grazing, are unlikely to occur due to the remote location of the site and the fact
that most of the surrounding land is in public ownership. The Board also finds
that the large minimum lot size of 320 acres and the large size of existing
adjacent lots will prevent dense residential development near the site. Some
residential development could occur near the property on the smaller EFU lots
in the southwest corner of Section 3. However, given the County's recent
denial of nonfarm dwelling conditional use permits in remote areas in the east
County, residential development is not likely.
Protection of Mineral and Aggregate Resource
4. Economic Consequences. The Board finds that the economic consequence of
protecting the mineral and aggregate resource, in conflict with other natural
resources, is difficult to measure. Deer winter habitat does not have any
economic value attached to it. Deer generate indirect economic benefits to the
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 4 (PA-96-3/ZC-96-4)
r' •�
County when hunters travel to the County to hunt deer. Additionally, a few
tourists or local residents might travel to the subject property to view wildlife.
Similarly, scenic vistas do not have any direct economic values attached to
them. As with wildlife, indirect benefits are generated by outdoor recreationists
or tourists traveling to or through the county.
5. Social Consequences. The Board finds the social consequences of protecting the
mineral and aggregate resource over the other natural resources would be
negative. Surface mining would have negative impacts on wildlife. Given that
very few people live in the area, the social consequences would be felt primarily
by those traveling Highway 20 who might be deprived of wildlife viewing
opportunities or subjected to the sight of scarring from surface mining activities.
6. Environmental Consequences. Allowing surface mining activities will have
adverse environmental consequences on deer habitat. Surface mining activities
would reduce the available cover and forage at the site, which in turn causes
increased competition among deer for the remaining forage and cover. Some
wildlife would be forced to leave the area to find other food sources and cover,
thus adding more competition in other areas for these resources. Increased
truck traffic associated with mining activities could increase the mortality rate
for and harassment of the area's wildlife.
Over the long term, the environmental consequences will be mitigated as the
site is reclaimed after mining.
7. Energy Consequences. The Board finds that the energy consequences of
protecting the mineral and aggregate resource, over the other natural resources,
will be to increase the energy consumption due to fuel expenditures needed to
run the heavy equipment and processing equipment on the site and to transport
select fill to the site of its end use. Such energy use would occur either in or
out of the County because mineral and aggregate resources are needed for use in
the County. Failure to protect the mineral and aggregate resources at this site
would mean that such energy use would occur elsewhere. This site is
conveniently located near the rapidly growing east side of Bend, where most fill
material will be needed. Travel from this location to the east side of Bend may
occur without passing through the center of Bend, as is presently done by trucks
from mines located to the west of Bend. This fact will enable trucks to
conserve energy as they will not be required to stop and start for the numerous
traffic lights in the Bend area.
Protection of Conflicting Goal 5 Resources
8. Economic Consequences. Protection of the natural resources would preclude
mining at the site. Deer winter habitat is a finite resource and the proposed
surface mine would cause displacement of wildlife and increased competition in
remaining unaffected areas.
The Board has previously found, as reflected in the goals and policies statement
of the County Comprehensive plan, the County consumes 2 million cubic yards
of mineral and aggregate materials each year. Under the laws of supply and
demand, failure to protect sufficient amounts of mineral and aggregate or the
20 -year planning cycle will result in an increased cost in aggregate resources.
Increases in mineral and aggregate costs would in turn result in increased
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 5 (PA-96-3/ZC-96-4)
construction costs. To the extent that minerals and aggregate would need to be
hauled from outside the area, the cost of mineral and aggregate would increase
with haulage costs, which the County has previously found to be 22 cents per
cubic yard per mile.
The Board has found there to be a total of 70,170,000 cubic yards of sand,
gravel and rock in the County's current inventory of sand, gravel and rock.
This amount represents approximately a 35 year supply based on the use rate
determined by the County of 2 million cubic yards per year. The resource on
this site would add approximately 4.1 million cubic yards to this inventory and
would increase the lifetime of the inventory to 37 years. Both of these estimates
significantly exceed the required 20 year planning period.
The Board has found that virtually all SM sites have either resource or land use
conflicts with surface mining. Consequently, if more than 43 % of the aggregate
sites were to be eliminated due to resource or other conflicts, the County would
not have preserved sufficient aggregate to meet its needs over the 20 year
planning period. This particular site, standing alone, is not essential to meeting
the County's mineral and aggregate needs; however if enough sites are
eliminated due to conflicts, it could be. Further, the Board has recognized the
importance of preserving mineral and aggregate resources for highway
maintenance and construction and finds that failure to protect such sites located
along Highway 20 would result in increased costs for maintenance and
construction on Highway 20 east of Bend. The fill material found at the site
would be available for use on highway projects.
Mineral and aggregate resources are a commodity with a market value. Failure
to allow mining of such resources would prevent the value of such resources
from being realized by the local economy. Although the number of jobs
represented by the local aggregate industry is small in number, mining jobs tend
to pay at higher rates than those found in the service sector. In addition, the
select fill from this site will be used in construction work in the Bend area. The
construction trades pay higher wage rates than those paid in the service sector
and are an important part of the local economy.
The economic impact of failing to preserve sufficient mineral and aggregate
reserves is not readily mitigated. Mineral and aggregate resources are location
dependent and finite.
9. Social Consequences. Preserving the natural resources at the site could have
negative effects on the general welfare of the County if insufficient amounts of
mineral and aggregate are preserved. Regardless of the amount of supply
readily available, there will always be a demand for mineral and aggregate
resources. The County's roads will continue to need improvement and
maintenance. Select fill would still be needed by the local building industry.
Deteriorating County roads and streets would negatively impact the livability
and quality of life in Deschutes County. A lack of needed fill would force
changes in methods of construction and might prevent construction of some
projects. There are also social consequences of increased building costs that
can result from a shortage of readily available mineral and aggregate resources.
10. Environmental Consequences. Protection of the conflicting natural resources
would preclude mining at the site. The noise, traffic, human presence and
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 6 (PA-96-3/ZC-96-4)
l� JV 3S
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disruption of topography associated with surface mining are inimical flu
protection of scenic views and deer and antelope habitat. Therefore, protection
of the natural resources by precluding mining would have positive
environmental consequences. As with the mineral and aggregate resource,
wildlife resources and scenic areas are limited by locational factors. Wildlife
habitat and scenic vistas are continually declining in the face of increasing
development.
11. Energy Consequences. As mentioned above, the energy consequences of
protecting the natural resource values of this site and others like it along the
Highway 20 corridor would involve increased haulage distances. The
protection of natural resource values at the site would have negative energy
consequences.
12. Relative Values of the Conflicting Resources. The conflicting natural resources
and the mineral and aggregate resource are important relative to one another.
Both resources are finite and locationally dependent. Mineral and aggregate
resources are in limited supply in the County and there is a need for the mineral
and aggregate resources along the Highway 20 corridor for highway
maintenance and construction and fill for construction sites. Deer habitat is
continually being lost to new development. Therefore, both the mineral and
aggregate resource and the conflicting natural resources should be protected.
Accordingly, under OAR 660-16-010(3), protection of the mineral and
aggregate resource shall be limited by protection of the natural resources.
Conflicting Uses
Protection of Aggregate and Mineral Resource
13. Economic Consequences. The economic consequences of protecting the mineral
and aggregate resource relates to the impacts of surface mining on adjacent
uses, the value of mineral and aggregate as a commercial commodity and the
impacts of protecting employment in the mining industry and the development
opportunities foregone by development of the site. While the impacts of surface
mining may in individual cases have a short term impact on property values of
surrounding properties, trend analysis from the tax assessor's records of specific
parcels either adjacent to or within one-half mile of both existing and potential
surface mines indicate that there was no drastic fluctuations in these property
values. This same analysis shows that there has been no appreciable decline in
sales of these or similar types of properties.
In general, the most significant impact to surrounding property owners would
be if regulations to protect the mineral and aggregate resource were enacted
that would make surrounding properties unbuildable.
Allowing surface mining activities at this site will have negative impacts on the
availability of this property for other uses. However, nothing indicates that
such other uses are likely to occur given the remoteness of the site. Nothing
indicates that such other uses would have a higher economic value than using
this site for surface mining. There is no shortage of land in the County
available for developing the uses allowed in the EFU zone, while the supply of
mineral and aggregate resources in the County is limited by geology.
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 7 (PA-96-3/ZC-96-4)
1G—N
.A. ,J
Furthermore, surface mining is a transitional use, and after reclamation, the
land surface would then become available for other uses.
14. Social Consequences. Preserving this site for the production of mineral and
aggregate resources would have a major impact on the quality of life associated
with the other land uses in the area. The impacts of noise, fugitive dust
emissions, and increased truck traffic would negatively impact the livability and
scenic quality of the surrounding area. Such uses may be mitigated, however,
through environmental controls on the mining operation. Such controls are
imposed, by County ordinance, through site plan review of mining operations.
The Board finds that the negative social consequences of mining activity are
minimal in this case due to the fact that there are few existing land use conflicts.
Additionally, it is likely that few such conflicting uses will arise in the future,
due to the zoning and public ownership of surrounding lands.
15. Energy Consequences. The Board finds that preserving this site for the
production of minerals would have overall positive energy consequences. As
stated above, the energy consumed on site by mining equipment is likely to
occur at some mining site, in any event, as there is a basic need for such
resources. Haul distances to Highway 20 repair jobs or construction projects in
the area would be lessened. To the extent that surface mining would preclude
or discourage development of the surrounding rural lands, the energy
consequences would likewise be positive.
16. Environmental Consequences. The Board finds that protecting the site for
mining would have negative environmental consequences from noise, dust
emissions, habitat and landform destruction. The Board further finds that such
impacts can be mitigated.
Protection of Conflicting Land Uses
17. Economic Consequences. With the exception of geothermal development and
farm and forest uses, all uses in the surrounding zoning designations are
classified as noise sensitive uses for purposes of DEQ noise regulations. Farm
uses may be noise sensitive uses in certain situations, such as with livestock
operations. Protection of such surrounding conflicting uses can have the effect
of precluding or limiting further surface mining activity due to noise
regulations. Likewise, dust, traffic and aesthetic impacts place constraints on
surface mining operations amongst conflicting land uses.
While the elimination of part or all of any one site (except R.L. Coats' site No.
308 in 17-12-18 of 10 million cubic yards) would not significantly impact the
total supply of mineral and aggregate in Deschutes County, if every site with
conflicting uses were eliminated for that reason, Deschutes County would be
unable to meet its mineral and aggregate needs for the required 20 year planning
period. Almost every mineral and aggregate site has some degree of conflict
with surrounding land uses. In light of that fact, each aggregate site takes on
importance, as cumulatively, individual sites with conflicts could be eliminated
and prevent the County from meeting its mineral and aggregate needs.
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 8 (PA-96-3/ZC-96-4)
18. Social Consequences. The Board finds that the social consequences of allowing
incompatible development to preclude the use of all or part of this site would be
the same as those under the Goal 5 discussion above.
19. Environmental Consequences. The environmental consequences of protecting
surrounding land uses is mixed. Protecting the conflicting land uses could well
preclude mining at the site. This would have positive environmental in that the
noise, dust, traffic, and aesthetic impacts associated with surface mining would
be prevented. However, protecting the conflicting land uses, especially in a site
such as this that is largely undeveloped, can also have negative environmental
impacts. Thus if surrounding areas become developed, they, too, can have a
detrimental impact on wildlife habitat, reducing the overall supply of food and
cover and increasing competition for adjoining undeveloped habitat.
20. Energy Consequences. Allowing development that would preclude or curtail
mining at this and other sites along the Highway 20 corridor would create
greater energy consumption because the mineral and aggregate resources for
upkeep and improvement of Highway 20 would have to come from sites located
further away. Furthermore, increased development at this remote site would
increase energy use from those living in or patronizing the allowed uses. Such
development would likely lead to a long term energy commitment because of
the life span of such development.
21. Relative Values of Aggregate Use and Conflicting Uses. Based upon the
analysis of the ESEE consequences of protecting the identified conflicting uses
and protecting the mineral and aggregate resource and the relative weight of the
conflicting uses and the mineral resource, the Board finds that with respect to
existing development both the mineral resource and the conflicting resources
and uses are important relative to one another. The aggregate has importance
due to its limited availability in the County and its location near its point of use,
Highway 20. Existing conflicting uses, if any, are important in that they
represent an economic commitment to development of individual pieces of
private property with economic value and expectations. Accordingly, the
County finds that, pursuant to OAR 660-16-010, it will limit the use of the
mineral resource at the site in favor of the conflicting resources.
Potential development in the impact area is not significant enough to be
considered to be a use that would limit the use of the aggregate resource at this
site.
Program to Meet the Goal
22. The Board finds that, in order to protect both the aggregate resource and the
conflicting resources and uses approximately 182 acres of the site will be zoned
for surface mining, subject to the following ESEE conditions:
(a) Setbacks shall be required for potential conflicting residential and other
development;
(b) Noise and visual impacts shall be mitigated by buffering and screening
(part of the screening requirements shall include excluding the southwest
corner of the property above the 3,800 foot elevation);
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 9 (PA-96-3/ZC-96-4)
f% I I- /-b
(c) Hours of operation shall be consistent with DEQ standards and
applicable county ordinances;
(d) The site shall not be operated from December 1 through April 30, except
in conformance with the provisions set out below.
(1) All surface mining operations, as defined in DCC Chapter 18.52,
must shut down between December 1 through April 30 unless the
operator demonstrates that the following criteria are each
continually satisfied:
(A) The snow depth, as measured in compliance with the procedures
set forth in Subparagraphs (d)(2) and (d)(4) does not exceed the
following:
December
6.8 inches
January
11.0 inches
February
14.4 inches
March
9.3 inches
April
4.2 inches
November
5.1 inches
December
9.1 inches
January
12.7 inches
February
11.9 inches
March
7.0 inches
April
2.2 inches
(B) Deer counts, as carried out in accordance with subparagraphs
(d)(3) and (d)(4) do not exceed 20 deer.
If no such showing is made, the operator must shut down surface
mining operations with the necessity of receiving notice of shut down
from the County. Such shutdown shall occur within 48 hours of
observance of conditions requiring shutdown.
(2) Operator shall measure snow depths in the immediate vicinity of
the Hungry Flat Snow Course (off Century Drive) maintained
by the SCS on the first and fifteenth day of every month for the
time period November 15 through April 15. Measurements
shall be submitted to the County and ODFW by 4:00 on the day
the measurements are taken.
(3) Operator shall take deer counts on the first and fifteenth day of
each month from November 15 through April 30 at four one -
mile transects established in consultation with ODFW within a
two-mile radius of the site. The threshold would be reached by
sighting 20 deer at any combination of the four transects.
Counts shall be taken at the transects from a vehicle within one
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 10 (PA-96-3/ZC-96-4)
0)1,-p
106
and a half hours of sunrise. Counts shall be taken and verified
as accurate by a wildlife biologist acceptable to the Oregon
Department of Fish and Wildlife. Animal presence data shall
be provided to ODFW and the County by 12:00 PM on the date
the data is gathered.
(4) Data required by subsection (d)(1) shall be collected for the
entire period November 15 through April 15 if operator wishes
to be able to operate during any portion of the period between
December 1 and April 30.
(5) Notwithstanding the measurement times set forth in (d)(2) and
(d)(3), ODFW may, in response to sudden weather changes or
major deer movements take measurements at times other than
those specified herein. If ODFW determines that the snow
depth or animal presence criteria set forth in subsection (d)(1)
have been exceeded, ODFW may notify the County that the
criteria have been exceeded. The County shall then notify the
operator that all surface mining operations at the site must be
shut down within 48 hours.
(6) The conditions set forth in this subsection (d) shall be made a
condition of site plan approval for the site plan of Site 600.
The deer presence numerical criterion conditions as set forth in
paragraph (d)(1) above may be adjusted to account for changing
conditions without requiring an amendment to the ESEE. Such
adjustments shall be considered to be a modification of the site
plan under DCC 22.36.040 and upon application by the
operator shall be processed as a land use action.
(7) Operator shall provide to ODFW by June 1 of each year a
report of all the data collected during the previous winter
season. These conditions shall be subject to review after 5
years to evaluate their effectiveness in protecting deer
populations.
(e) Reclamation shall meet ODFW recommendations, DOGAMI
requirements and applicable county ordinances.
The Board finds that extraction (including drilling and blasting) and processing
on site will be allowed May 1 through November 30 each year in order to
allow extraction of the significant aggregate resources on the site. Between
the months of December 1 and April 30, continuation with processing,
blasting and drilling shall be subject to the winter operating guidelines set
forth above.
23. The Board finds that surface mining use of the site will be limited by
conflicting Goal 5 resource considerations by the provisions for screening and
buffering to mitigate noise and visual impact. The Board further finds that the
wildlife mitigation conditions imposed under the program to meet the goal will
offer protection of deer and antelope herds. The Board finds that the
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 11 (PA-96-3/ZC-96-4)
P 1 55 -Qu 8
screening and buffering ESEE requirements are met by the screening and
buffering requirements in the Deschutes County zoning ordinance.
The Board finds that such mitigation will not prevent the County from
achieving its goal, since the site will be allowed to be mined. The Board finds
that the winter range wildlife mitigation measures will not be unduly
restrictive, since it occurs at a time of the year when road construction and the
excavation stage of building construction projects are not underway.
24. The Board will protect the mineral and aggregate resource by zoning the site
SM to allow for surface mining activities. The Board finds that Deschutes
County Zoning Ordinance allows mining activities such as extraction,
processing, crushing, batching, and other mining -dependent uses as permitted
or conditional uses and activities in the zone. Conflicting uses, such as
residential uses that would irretrievably commit surface area to other uses and
otherwise conflict with surface mining are not allowed uses in the zone. In
this manner the surface area of the mineral and aggregate resource is protected
against establishment of uses that would prevent mining of the mineral and
aggregate in the future. Such protection advances the goal of protection of
sufficient mineral and aggregate resources to meet the County's mineral and
aggregate needs.
25. The Board finds that imposition of a Surface Mining Impact Area (SMIA)
combining zone as a one-half mile buffer surrounding the SM zone, as set
forth in the Deschutes County Zoning Ordinance, will further protect the
mineral and aggregate resource and the County so zones the one-half mile area
surrounding the SM zone. The Board finds that the SMIA zone limits
conflicting uses as follows:
(a) New conflicting "noise -sensitive" and "dust -sensitive" uses, such as
single-family dwellings, may be sited closer than one-half mile to a SM
zone only if the applicant has signed a waiver of remonstrance
precluding protest of any surface mining activities; and
(b) In all cases new conflicting "noise -sensitive" and "dust -sensitive" uses
are prevented from locating any closer than 250 feet to an SM zone or
one-quarter mile from a processing site, whichever is further.
The Board finds that these provisions satisfy the ESEE condition that
residential and other development be subject to setbacks. The County finds
that such a provision is sufficient to protect the mineral and aggregate resource
from conflicting future development.
26. The Board finds that, in combination with the action taken on other mineral
and aggregate sites, zoning the site for surface mining and protecting the site
from future surrounding conflicting land uses, the County's goal of preserving
sufficient aggregate resources to meet the needs of the County have been met.
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 12 (PA-96-3/ZC-96-4)
27. Existing conflicting land uses are protected by the requirement that newly sited
surface mines or expansion of existing surface mines meet screening
requirements, setback requirements, noise standards, adhere to limits on
maximum area of surface disturbance and other limitations.
Exhibit A - Ordinance 96-077
ESEE Findings and Decision (Site No. 600)
Page 13 (PA-96-3/ZC-96-4)
EXHIBIT B
The Southwest Quarter of the Southeast Quarter (SW 1/ SE '/a) of Section Four (4),
Township Nineteen (19) South, Range Fourteen (14) East of the Willamette Meridian,
Deschutes County, Oregon, Lying South of the Highway; and
The Southeast Quarter of the Southwest Quarter (SE 1/ SE 1/a) of Section Four (4),
Township Nineteen (19) South, Range Fourteen (14) East of the Willamette Meridian,
Deschutes County, Oregon, EXCEPTING THEREFROM that portion owned by the
State Highway Commission; and
The North Half of the North Half (N 1/2N 1/a) of Section Nine (9), Township Nineteen
(19) South, Range Fourteen (14) East of the Willamette Meridian, Deschutes County,
Oregon.
EXCEPTING THEREFROM that portion of the Northwest Quarter of the Northwest
Quarter (NW 1/ NW 1/a) of Section Nine (9), Township Nineteen (19) South, Range
Fourteen (14) East of the Willamette Meridian, Deschutes County, Oregon, lying
above an elevation of Three -Thousand Eight -Hundred (3,800) feet above mean sea
level, as illustrated on Exhibit B.
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