1999-1120-Minutes for Meeting December 09,1999 Recorded 12/20/1999VOL: CJ1999 PAGE: 1120
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-1120 *Vol -Page Printed: 12/23/1999 16:13:28
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I hereby certify that the attached instrument was received
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DATE AND TIME:
DOCUMENT TYPE:
Dec. 20, 1999; 2:58 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 2
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MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KFU HED
DA12 31999
MINUTES cy lqlq, //46
Deschutes County Board of Commissioners
Decision of Appeal of Plan Amendment and Site Plan Modification
for the Rose Pit Surface Mine Site 99 DEC 20 PM 2: 58
December 9, 1999 MARY SUrE i` NNOLLOW
COUNTY CLERK
Chair Linda Swearingen opened the meeting at 10:00 a.m.
Before the Board was a Final Decision on the Appeal of Plan Amendment and Site
Plan Modification for the Rose Pit Surface Mine Site (PA-98-10/SP-98-065/A-99-
6). Applicant is Requesting Reversal of the Hearings Officer's Decision Regarding
Allowing the Use of a Screening Device on the Site, Using a Water Bar on Trucks
Leaving the Property Instead of Tarps Covering Loads, and Eliminating a Site -
Obscuring and Noise -Mitigating Berm.
Discussion ensued between Commissioners Swearingen and DeWolf, and Barbara
Rich of Community Development.
Commissioner Tom DeWolf brought up two issues that impacted his decision. It
had been brought up during the hearing process that the biggest concern with
tarping was the hazards related to icy, rainy or windy conditions; in addition, that
the applicant is moving dirt and not rocks, so tarping is not necessary to keep rocks
from falling out. Commissioner DeWolf asked if all that is being moved is dirt,
why is screening necessary. The applicant indicated their willingness to have the
County measure the effectiveness of the water bar, including their willingness to
spend some funds to make their point.
Commissioner DeWolf further stated that a representative of Oregon Equity
Excavation had testified that his company had experienced two injuries at Rose Pit
due to tarping. He further stated that there is no regulation regarding what a tarp
is; tarps get torn up going down the road; and are often removed as soon as the
truck leaves Rose Pit. The representative also had testified that they haul around
their own screening device, and called it "a big, ugly, noisy mess"; and that they
screen right on the job site and don't get material from Rose Pit when the rocks are
larger than 8 inches.
Commissioner DeWolf asked then if it was possible to condition this decision for a
period of time to determine the effectiveness of the water bar, with the County
conducting spot-checks.
Decision on Rose Pit Mining Site Page] of 2
December 9, 1999
Barbara Rich responded that it is unworkable to impose a long-term condition such
as that; there is no effective way for Community Development to follow-up and do
the monitoring that is required. She stated that Kevin Harrison of Community
Development recommended a condition on the use of a water bar, indicating the
water bar shall be as effective or more effective than the use of a tarp on a dry load.
That way the applicant has two means of controlling the loads; and that is an
enforceable condition. She stated that the Department could not easily allocate
County personnel to monitor the use of a water bar.
Brief discussion ensued between Commissioners DeWolf and Swearingen, and
Barbara Rich regarding monitoring the use of a water bar. Commissioner DeWolf
stated that the County would be unbiased, while the neighbors would not be.
DEWOLF: I move to allow the use of a water bar modification, and to
uphold the balance of the decision of the Hearings Officer. I
further move that the Board direct the staff of the Community
Development Department to make a minimum of two
unannounced inspections to the facility by July 31, 2000, and to
report back to the Board of Commissioners on the effectiveness
of the water bar, with the minimum standard being that the use
of the water bar is as effective as tarping.
SWEARINGEN: Second.
VOTE: DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Chair Swearingen adjourned the meeting at 10:15 a.m.
DATED this 9th Day of 1999 by the Deschutes County j3oard of Commissioners.
ATTEST:
Recording Secretary
Decision on Rose Pit Mining Site
December 9, 1999
le -
Linda
Linda L. SwearhT6n. Chair
Tom DeWolf,Commissioner
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