2001-886-Ordinance No. 2001-038 Recorded 12/13/2001REVIEWED
LE AL COUNSEL
REVIEWED
IA' �--
CODE REVIEW COMMITTEE
COUNTY OFFICIAL
MARY HSUESPENHOLLOW, COUNTYRCLERKS 4J 2001'886
COMMISSIONERS' JOUR
NAL 12/13/200101:14:35 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, Deschutes County
Comprehensive Plan, and the Deschutes
County Comprehensive Plan Resource Element, by
Adopting a Non -Goal 5 Inventory of Mineral and
Aggregate Resources for Deschutes County,
Amending the ESEE for Wetlands, and Declaring
An Emergency.
ORDINANCE NO. 2001-038
WHEREAS, Squaw Creek Irrigation District proposed a text amendment to Title 18, file number TA -
01 -1, to allow the operation, maintenance, and piping of existing irrigation systems outright as well as surface
mining of aggregate material for off-site use and sale on sites owned or operated by irrigation districts in
Deschutes County; and
WHEREAS, the Deschutes County Planning Commission, after conducting a public hearing in
accordance with applicable law, has recommended proposed changes to both the Resource Management section
of the Deschutes County Comprehensive Plan and Title 18 of the Deschutes County Code; and
WHEREAS, after notice was given and hearing conducted on November 7, 2001 before the Board of
County Commissioners in accordance with applicable law, and the Board of County Commissioners has
considered the Planning Commission's recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Section 23.12.010, Definitions, of Title 23, the Deschutes County Year
2000 Comprehensive Plan, is amended to add a definition as described in Exhibit "A," attached hereto and by
this reference incorporated herein.
Section 2. AMENDMENT. Section 23.40.040, Surface mining, of Title 23, the Deschutes County
Comprehensive Plan, is amended to read as described in Exhibit `B," including the addition of a Non -goal 5
Inventory of Mineral and Aggregate Resource sites list, attached hereto and by this reference incorporated
herein, with new language underlined.
Section 3. AMENDMENT. The ESEE (economic, social, environmental, and energy) analysis for
wetlands in the Deschutes County Comprehensive Plan Resource Element is amended to read as described in
Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined.
PAGE 1 OF 2 - ORDINANCE NO. 2001-03 8 (12/10/0 1)
Section 4. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Staff Report
prepared for the Board's public hearing, attached hereto as Exhibit "D," and incorporated herein by reference.
Section S. EMERGENCY. 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 1z, day of s 2001.
ATTEST:
&k" -
Recording Secretary
BOARD OF COUNTY COMMIS IONERS OF
DESCHUTES COUNTY, OREG N
PAGE 2 OF 2 - ORDINANCE NO. 2001-038 (12/10/01)
EXHIBIT "A"
23.12.010. Definitions
"Non -Goal 5 aggregate resources" means those
mineral and aggregate resources that are not
significant aggregate resources as determined
under OAR 660-023-0030(4) and are not
included on the County's inventory list of
significant Goal 5 mineral and aggregate resource
sites.
(Ord. 2001-038 § 1, 2001; Ord. 2001-016 § 2,
2001; Ord. 2000-017 § 1, 2000; Ord. 92-001,
1992)
PAGE 1 OF 1 — EXHIBIT "A" TO ORDINANCE NO. 2001-038 (12/10/01)
EXHIBIT `B"
23.40.040. Surface mining.
A. Introduction. The mining of mineral and
aggregate resources, including pumice,
cinders, building stone, sand, gravel and
crushed rock, is an important local industry
and a crucial resource for urban development.
Not only does this mining provide
employment, but it also furnishes products
important to the economic development of
Deschutes County. While pumice and
cinders have remained in good supply, it has
been increasingly apparent that good quality
aggregate and select fill dirt are rapidly
disappearing. These are non-renewable
resources that must be protected if the
community is to be able to take advantage of
the lower costs and economic benefit to the
community involved with using local
materials.
At the same time, the increasing demand for
mineral and aggregate resources has led
mining operations to come into direct conflict
with adjacent residential development. The
County's previous allowance of rural
residential development has resulted in a
number of conflicts between surface mining
and adjacent residents. As the area continues
to grow this conflict will undoubtedly grow
unless there is adequate planning. This is
particularly true for rural residential
development. Adequate surface mining
regulation and providing reasonable
assurance to mining operators of adequate
resources have often been controversial
issues in Deschutes County. Some surface
mines have been "poor neighbors" in
residential areas because of their
environmental impacts and, sometimes,
delayed or incomplete reclamation.
Since Deschutes County will have a much
larger population by the year 2000„ it is
important that the mineral and aggregate
resources necessary to accommodate that
growth be protected, while County residents
are protected from the adverse economic
effects of too rapid utilization of the resource,
and the negative environmental impacts
sometimes associated with actual mining
operations.
Surface mining, by its very nature, is a
transient use which ends with the depletion of
the resource and reclamation of the site.
Therefore, it is possible and desirable to plan
for second uses of the surface mining site
after mining and reclamation are completed.
All local governments recognize that mineral
and aggregate resources in general, and sand
and gravel in particular, are valuable
resources upon which their future
development will depend. Several factors
necessarily affect the valuation and
development of mineral and aggregate
resources, including location, commercial
value, types of uses and demand.
B. Location. Most commercial deposits of sand
and gravel are found in and around valleys,
terraces and fans of existing and pre- existing
rivers and streams; in coastal plains and lake
deposits and in formations deposited by
receding glaciers.
Sand and gravel deposits produced by a
stream or river that has, or has had, a large
volume and a steep gradient are common in
or near mountainous regions. Deposits are
dropped in fan -shaped formations at the
mouths of canyons. Such deposits left by
floodwaters are called alluvial deposits. Sand
and gravel deposited by ordinary river or
stream action and not by floodwaters are
called fluvial deposits.
Sand and gravel also occur on old lake
bottoms and accumulate in reservoirs
maintained by Irrigation Districts. These
deposits usually are less desirable for
commercial usage because they have a high
proportion of fine sands but sparse gravel.
A high quality source of sand and gravel is
those deposits resulting from glaciation.
Geologists use a variety of terms, such as
eskers, kames and moraines, to identify the
different kinds of glacial formations in which
the deposits occur.
Page 1 of 11 — Exhibit "B" To Ordinance No. 2001-038 (12/10/01)
C. Value. The commercial value of mineral and
aggregate deposits depend upon more than
just the size and cleanliness of the product.
Value also depends upon its location in
relationship to markets. Aggregate is a bulky
commodity and as such needs a nearby
market. There are no general standards or
criteria for defining a valuable deposit.
Instead, it is necessary to study the local sand
and gravel industry to find out the
characteristics that make deposits valuable in
a particular locality.
For the typical sand and gravel producer, the
commercial potential of a deposit depends on
the following factors:
1. Thickness and variability of the
overburden;
2. Thickness and extent of the deposit;
3. Physical properties of the deposit,
including particle distribution,
mineralogy, durability, etc.;
4. Accessibility of deposits to heavy-duty
roads, railroads or navigable waterways;
5. Distance from point of use;
6. Availability of a sufficient water supply;
7. Depth to groundwater; and
8. Governmental restrictions placed on
operations, such as local zoning
ordinances.
Sand and gravel do not have to be used in
exactly the same physical state in which they
are found. They can be artificially upgraded
by screening, washing and combining grade
sizes, but unsatisfactory size gradation or
ratios can require costly processing to meet
market specification. Thus, geologically, the
ideal sand and gravel deposit is one that
consists of clean, hard particles that are
present in quantity in a wide range of grade
sizes.
For aggregate, high quality deposits usually
contain at least 25 percent gravel in a variety
of particle sizes necessary for both coarse and
fine aggregate. In general, the more gravel,
the more valuable the deposit is to the
producer.
When there is a high sand ratio and a low
amount of coarse and medium-sized gravel,
the producer may be required to blend
crushed stone with the naturally occurring
material or may screen the material to meet
market specifications. Similarly, an excess of
coarse material may require costly crushing
operations. But, in all types of sites, there
usually are lower quality deposits that are
economically valuable for producing useful
grades that meet specifications less restrictive
than those for use in concrete.
D. Demand. The major use of mineral
aggregates is in concrete. The low cost, high
bulk aggregates tend to keep concrete
construction costs at levels competitive with
other building materials. Other major uses of
aggregate include highway and railroad base,
ballast materials, graded fill and various
industrial uses.
Crushed and broken rock used directly in
construction as aggregate accounts for about
half the value and 2/5ths of the quantity of
natural aggregates consumed in the United
States. Sand and gravel provide most of the
balance of aggregates, except for some
lightweight materials such as pumice and
expanded shale.
Conditions necessary for production of
crushed rock from deposit are:
1. Quality - should pass rigid specifications
for strength and durability.
2. Cost - low average total delivered cost.
Construction aggregates are hard, essentially
inert materials suitable for being formed into
a stable mass by either:
1. The addition of cementing or binding
materials that produce a concrete; or
2. Compaction or by natural weight to
produce a road base or foundation.
Principal aggregate mineral categories are:
1. Crushed rock.
2. Sand and gravel.
The uses of crushed rock are divided into two
broad categories:
1. Those uses in which the physical
properties of the rock are more
important; and
PAGE 2 OF 11 —EXHIBIT "B" TO ORDINANCE NO. 2001-038 (10/31/01)
2. Those uses in which the chemical
properties of the rock are utilized.
Construction uses of crushed rock can be
divided into four end-use categories:
1. Highway.
2. Residential.
3. Non-residential (commercial).
4. Government.
Highways account nationally for about 2/3rds
of total use, though the average for an
individual producer may be different.
When the Deschutes County Year 2000
Comprehensive Plan was adopted in 1979, a
thorough analysis of historic and projected
supply and demand for mineral and aggregate
resources had been completed. That analysis
produced the following data, upon which the
County relied in developing the plan:
Tnhla 1
YEAR
POPUL
-ATION
13 yd*
15 yd*
23 yd*
1980
53,400
694,200
801,000
1228 200
1981
55,803
725,439
837,045
1,283,469
1982
58,314
758,082
874,710
1,341,222
1983
60,938
792,194
914,070
1,401,574
1984
63.680
82T840
955.200
1 A64.640
1985
66,600
865,800
999.000
1531 800
1986
69,597
904,761
1,043,955
1 600 731
1987
72,729
945,477
1,090,935
1 672 767
1988
76,002
988,026
1,140,030
1 748 046
1989
79,422
1,032,486
1 191 330
1.827.166
1990
82.900
1,077,700
1 243 500
1,906,700
1991
86.631
1.126,203
1299 465
1.992.513
1992
90,529
1,176,877
1357 935
2,082,167
1992
94,603
1,229,839
1 419 045
2,175,869
1994
98,860
1,285,180
1 482 900
2,273,780
1995
103 400
1,344,200
1 551 000
2,378,200
1996
108,053
1 A04.689
1,620.795
2 485 219
1997
112,915
1,467,895
1 693 725
2.597,045
1998
117,997
1,533,961
1 796 955
2,713,931
1999
123,306
1,602,978
1849 590
2 836 038
2000
128,200
1,666,600
1 923 000
2 948 000
Totals
23,450,427
27,085,185
41 489 077
*The first estimate of 13 cubic yards per
County resident per year is based upon an
average of the use from 1969 through 1978.
The estimate of 15 cubic yards is based upon
the average use from 1974 through 1978.
The final estimate, 23 cubic yards, is based
upon the highest use year during the study,
1978. These figures are then multiplied by
the projected populations for each year to
obtain an estimate of the amount of material
that will be used.
This table projected an average need, based
upon 15 cubic yards per capita per year, of
1,567,083 cubic yards per year from the year
1990 through the year 2000.
When this table was adopted in 1979, it was
estimated that Deschutes County's population
was increasing at the rate of 4.5 percent
annually.
In the 11 years since the above table was
adopted, Deschutes County has had the
opportunity to assess the validity of its
projections for growth in both population and
supply and demand for mineral and aggregate
resources. From available data, it appears
that a projected demand of 2,000,000 cubic
yards of aggregate per year is an appropriate
measure in planning for future mineral and
aggregate resource usage for Deschutes
County. Inasmuch as the County's
comprehensive plan determined that a 20 -
year planning period is appropriate, that
number translates to a projected demand of
40,000,000 cubic yards of aggregate in the
next 20 years, from 1990 through 2010.
The available data from 1979 to the present
supporting this projected aggregate demand
is as follows.
E. Population. Portland State University's
Center for Population Research estimated
Deschutes County's population for July 1,
1985, at 65,400 and on July 1, 1989, at
70,600. Assuming straight-line growth under
PSU's estimates, Deschutes County's 1990
and 2000 estimated population would be
71,900 and 102,072, respectively. The
population projections in Deschutes County's
acknowledged comprehensive plan are
somewhat higher - 98,200 for 1990 and
128,200 for 2000.
If PSU's more conservative population
estimates are utilized, the projected annual
demand for aggregate at a consumption rate
of 15 cubic yards per person per year would
be 1,078,500 cubic yards in the year 1990
and 1,531,080 cubic yards in the year 2000.
PAGE 3 OF 1 I - EXHIBIT `B" TO ORDINANCE NO. 2001-038 (10/31/01)
Using the annual per capita consumption rate
of 23 cubic yards, the projected annual
demand for aggregate would be 1,653,700
cubic yards in 1990 and 2,347,656 cubic
yards in the year 2000.
The above figures project aggregate demand
on the basis of population alone. They do not
take into account major road construction and
reconstruction programs adopted by
Deschutes County and the Oregon
Department of Transportation.
For estimating consumption, ODOT used
factors including 18 -inch depth (base and
surfacing), four lanes with 9 -foot shoulders
and 10 to 16 -foot median, or about 80 feet of
width. This volume, times length of jobs,
provides reasonable aggregate consumption
estimates.
The ODOT 1989-1994 Six -Year Highway
Improvement Plan identified 56.7 miles of
construction projects within Deschutes
County. This translates into a need for
approximately 1.3 million cubic yards of
aggregate for the six-year plan projects.
The Deschutes County Major Roads Capital
Improvement Program for Fiscal Year 1988-
89 to Fiscal Year 1993-94 identifies some
74.6 miles of County roads needs
reconstruction and 19.2 miles of unpaved or
new roads needing work. This translates into
a need of approximately 1.7 million cubic
yards of aggregate for these County projects.
Considering all of the above factors, a
projected demand of 2,000,000 cubic yards of
aggregate per year is an appropriate measure
to use in the planning for future mineral and
aggregate resources usage for Deschutes
County.
Deschutes County's adopted mineral and
aggregate resource inventory shows a total of
approximately 63,500,000 cubic yards of
aggregate material (rock, sand and gravel)
located within the planning area covered by
the Year 2000 Comprehensive Plan. (An
additional amount of approximately
20,000,000 cubic yards of aggregate material
is apparently located outside the Year 2000
Comprehensive Plan planning area within the
Bend Urban Growth Boundary. Some or all
of this aggregate material may be available to
meet the demand for aggregate in Deschutes
County, depending upon factors such as
quality, accessibility and zoning restrictions.)
In order to address the projected demand for
aggregate material in view of the available
material, and within the framework of
statewide land use planning laws and the
Year 2000 Comprehensive Plan, Deschutes
County adopts the following goal and
policies:
F. Surface mining goals and policies. To
protect and utilize appropriately, within the
framework 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.
G. Policies.
1. General
a. These policies set forth the general
guidelines under which the County
will implement the Goal 5 process
for mineral and aggregate resources,
and assure compliance with all other
applicable statewide land use
planning goals. More specific
policies relating to utilization of
mineral and aggregate resources
under particular circumstances and at
particular sites may be adopted by
and set forth in the County's zoning
ordinance provisions.
b. For purposes of these policies, where
applicable, the terms used shall have
the same meaning as those terms in
the administrative rules
implementing Statewide Land Use
Planning Goal 5.
c. The mineral and aggregate goal and
policies outlined in the
comprehensive plan are intended to
reflect the requirements of Goal 5
and the implementing administrative
PAGE 4 OF 11 —EXHIBIT "B" TO ORDINANCE NO. 2001-038 (10/31/01)
rules. Where a policy or
interpretation conflicts with Goal 5
or the rules, the provisions of the
Goal or rules shall control.
2. Surface Mining Identification and
Designation.
a. The County shall encourage resource
conservation.
b. The County shall encourage the use
of materials which can be substituted
for sand and gravel.
c. 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.
d. The County shall review, as part of
each periodic review process, the
status of mineral and aggregate
resources in the County.
e. Sufficient SM (Surface Mining)
zoning shall be maintained by the
County to satisfy, at a minimum, the
demand for mineral and aggregate
resources of the 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 County for that resource has
been satisfied by the SM zoning of
other sites.
f. The County shall retain ownership of
County -owned lands which are
zoned SM pursuant to this plan and
the Goal 5 process. The County may
permit private operators to mine
County -owned resources.
g. 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:
1. A report is provided verifying
the location, type, quantity and
quality of the resource; and
2. The Goal 5 conflict
identification and resolution
(ESEE) process results in a
determination that the resource is
of sufficient importance relative
to conflicting resources and uses,
if any, to require protection.
h. 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.
i. If the Goal 5 process does not
identify resources or uses which
conflict with inventoried mineral and
aggregate resource sites, such
resource sites, whether or not they
are actively being utilized at the time
of plan amendment, shall be zoned
SM.
j. If conflicting resources or uses are
identified through the Goal 5
process, a mineral and aggregate
resource site shall be zoned SM if it
is determined to be of such
importance relative to conflicting
resources or uses as to require
protection. Uses which would
interfere with the present or future
use of the SM site shall not be
allowed, or shall be limited so as not
to preclude use of the SM site, until
the mineral and aggregate resource
has been depleted.
k. SM zoning shall be prohibited in
critical and sensitive resource areas
(such a fish and wildlife habitats,
wetlands and riparian areas,
recreation and open space areas, and
archaeological and historic sites)
when such areas and resources have
been evaluated in light of all
comprehensive plan goals and
policies, and are determined through
the Goal 5 process to conflict with
the SM site and to be of such
importance relative to an inventoried
mineral and aggregate resource site
as to require complete protection.
PAGE 5 OF 11 —EXHIBIT `B" TO ORDINANCE NO. 2001-038 (10/31/01)
1. Although extraction of mineral and
aggregate resources is considered by
this plan to be a transitional land use,
interim uses (prior to extraction) and
secondary uses (after depletion)
compatible with the development of
lands in the impact area of an SM
site shall be designated as allowed
uses on SM sites. Such interim and
secondary land uses shall be
identified prior to extraction so uses
inconsistent with the plan are
avoided.
in. As part of the periodic review, the
County will evaluate the economic,
social, environmental and energy
consequences of conflicting
resources identified as significant
Goal 5 resources in the ESEE
analysis for surface mining sites and
will develop programs(s) to achieve
the Goal (OAR 660, Division 16).
The ESEE analysis and program(s)
for protecting each 'significant' Goal
5 resource will be consistent with the
ESEE analysis and OAR 660,
Division 16. If upon further
examination, the County determines
that a resource, described as a
conflicting resource in an ESEE
analysis for a 3(b) or 3(c) surface
mining site is not a "significant"
Goal 5 resource or that the level of
protection is not consistent with the
level of protection for the conflicting
resource adopted under a surface
mining ESEE analysis, the County
will re-evaluate its ESEE analysis to
be consistent with the new
determination for the conflicting
Goal 5 resource. Consistent with
OAR 660, Division 16, the County
will reconsider its decisions pursuant
to any revised ESEE analysis for
surface mining sites.
Where impacts upon a Goal 5
resource are identified as a social
consequence of conflicting
residential uses (e.g., scenic and
wildlife amenities or rural lifestyles)
and the amenities are not identified
as significant Goal 5 resources
conflicting with the mining site, the
evaluation process described above
is not required to be undertaken. The
County will document the reason for
not conducting the evaluation
described above.
3. Surface mining operations.
a. Uses permitted outright or
conditionally in the SM zone shall
include:
1. Extraction, processing and
storage of mineral and aggregate
resources; and
2. Necessary ancillary activities
related to the uses listed in DCC
23.40.040(G)(3)(a)(1).
b. If timber or other similar renewable
resources are identified in the Goal 5
process as existing on an SM site, the
utilization of such other resources
before use of the mineral and
aggregate resources shall be
encouraged.
c. Extraction and processing of mineral
and aggregate resources shall be
conducted in accordance with all
applicable County, state and federal
standards.
d. Increased setbacks, insulation,
screening and other similar
conditions, required as a result of a
site-specific Goal 5 ESEE analysis,
shall be required for approval of any
new residential, recreational or other
conflicting development or use on
lands in the impact area of SM sites.
e. The County may establish additional
standards and procedures to
minimize visual impact, noise, air
and water pollution, natural and
operating hazards and other
environmental impacts of the
extraction and processing of the
impact area, where required as a
result of a site-specific Goal 5 ESEE
analysis. The County shall adopt and
apply more stringent operating
PAGE 6 OF 11 —EXHIBIT "B" TO ORDINANCE NO. 2001-038 (10/31/01)
M
9.
h
standards, if required by a site-
minimum, comply with all DOGAMI
specific Goal 5 ESEE analysis,
reclamation plan requirements, and
where lands in the impact area are
may include additional requirements.
zoned residential, landscape
i. Identified conflicts between mineral
management, wildlife or other
and aggregate resource sites and
similar overlay zones, or where such
resources and uses in the impact area
impact area has particularly sensitive
where the conflicting resources and
resources or uses identified in the
uses have been determined to be of
comprehensive plan, such as wildlife
equal importance relative to the
nesting or spawning sites or intensive
mineral and aggregate resource, shall
recreational uses.
be minimized by plans developed
Where operating standards and
under the Goal 5 conflict resolution
procedures are established for a
process and which utilize methods
surface mining site through a site-
including, but not limited to:
specific ESEE analysis, and such
1. Requiring the surface mining
site-specific standards and
operator to comply with all
procedures conflict with standards
applicable requirements of
and procedures in the surface mining
County, state and federal
provisions of the County's zoning
agencies;
ordinance, the standards and
2. Planning the development of
procedures in the site-specific ESEE
lands in the impact areas so as to
analysis shall control.
minimize disruptions in the
Surface mining sites which on the
beneficial use of both the
effective date of this Ordinance have
mineral and aggregate resource
a valid permit or exemption from the
and the uses in the impact area.
DOGAMI and/or the County shall be
3. Imposing appropriate conditions
registered with the County. Once
on land use permits and
registered, such sites shall be subject
approvals.
to the standards and procedures in
j. Extraction of mineral and aggregate
the site-specific ESEE analysis
resources for non-commercial uses
and/or the surface mining provisions
shall conform to the same
of the County's zoning ordinance
environmental and regulatory
only when the surface mining
standards as are applicable to
activity on such sites is expanded
commercial operators, when
beyond the boundaries of the area
necessary to protect land uses
covered by the existing DOGAMI
adjacent to the resource site. On
and/or County permit or exemption.
lands not zoned SM, such non -
Mineral and aggregate resource sites
commercial extraction may be
zoned SM, except those with a valid
allowed as a conditional use.
DOGAMI permit or exemption
k. The County shall have the authority
and/or County permit on the date that
to enforce conditions of approval and
SM zoning is applied, shall not be
provisions of the County zoning
operated for extraction or processing
ordinances, and to the extent
unless a site plan and reclamation
otherwise provided by law, the
plan, including mitigation measures
regulations of other governmental
where required, have been approved
agencies, relating to the extraction
in writing by the County and
and processing of mineral and
DOGAMI, respectively. Site plans
aggregate resources, and the
shall be developed with citizen
participation. Site plans shall, at a
PAGE 7 OF 11 —EXHIBIT "B" TO ORDINANCE NO. 2001-038 (10/31/01)
reclamation of surface mining sites,
to prevent violations thereof.
4_ Non-C'mal 5 aggregate resources
a- The Coun& shall develop a mineral
and aggregate resource list that
includes mineral resource sites
exclusive of those intended for
protection under Goal 5-
b- A mineral and aggregate resource
site may he placed on the inventory
when the following conditions are
met.
PAGE 8 OF 11 —EXHIBIT "B" TO ORDINANCE NO. 2001-038 (10/31/01)
Goal 5 Inventory - Mineral and Aggregate Sites
SITE
NO.
LEGAL DESCRIPTION
NAME
TYPE
QUANTITY*
QUALITY
ACCESS/LOCATION
246
151010-00-00205, 207, 300,
302,303
Tewalt
S & G
10,000
Good
Hwy 20
248
151012-00-00100
Crus
Cinders
30.2 M
Excellent
Cloverdale Road
249
151025-00-02502 2505
RL Coats
Rock
250,000
ODOT Specs
251
151211 -DO -01400, 151214-
AO -00800
Cherry
S & G
125,000
Good
252
151200-00-04700 04701
Thornburgh
Rock
2.5 M
Good
271
151036-00-00800
Deschutes County
S & G
2 M
Mixed
Harrington Loop Road
273
151117-00-00100
Deschutes County
S & G
75,000
Excellent
Fryrear Rd/Redmond-
Sisters
274
151117-00-00700
Deschutes Countv
S & G
Excellent
Frvrear Road
275
151100-00-02400
Deschutes County
S & G
175,000
Good
Fryrear Landfill
277
151011-00-01100
Ore on State Hwy
S & G
100,000
ODOT Specs
278
151140 -AO -00901, 151211-
DO -01200
State of Oregon
S & G
18,000
ODOT Specs
282
171000-00-00100
Crown Pacific
Cinders
100,000
Fair
283
171000-00-00100
Crown Pacific
Cinders
50,000
Fair
288
171111-00-00700
Tumalo Irri ation
S & G
250,000
Good
292
171112-00-00900
RL Coats
S & G
326,000
ODOT Specs
293
17112-00-00500, 600, 700,
800
RL Coats
S & G
3 M
ODOT Specs
294
171113-00-00817
Bend Aggregate
S & G
777,000
Excellent
Klippel Acres/Bend
296
171100-00-02702
Crown Pacific
Cinders
100.000
Excellent
Shevlin Park/Johnson Rd
297
171123-00-00100
Crown Pacific
Cinders
60,000
Johnson Rd/Tumalo
303
171207-00-00300
Cascade Pumice
Pumice
750,000
Good
303
171207-00-00300
Cascade Pumice
S & G
10,000
Good
304
171206-00-00302 300 301
Bend Aggregate
S & G
225,000
Good
305
171206 -CO -00100
RL Coats
S & G
150,000
1 ODOT Specs
306
171206 -BO -00700
RL Coats
S & G
313
171433-00-00600
Deschutes County
S & G
100,000
Good
313
171433-00-00600 120
Deschutes County
Storage
Dodds Road/Alfalfa
314
171332-00-01100
Deschutes County
Dirt
150,000
Good
315
140900-00-02100
Stott
Rock
93.454 tons
ODOT Specs
High a 20
316
140900-00-00200
Willamette Ind
S & G
7 M
Good
317
140900-00-01300
Willamette Ind
Cinders
1.2 M
Good
322
141200-00-01801
Fred Gunzner
S & G
1.5 M
Mixed
Lower
Brid e/Terrebonne
322
141200-00-01801
Gunzner
Diatomite
500,000
Good
Lower
Brid e/Terrebonne
324
141200-00-00702
ODVA
S & G
490,000
Good
Lower
Brid e/Terrebonne
326
141236-00-00300 301
US Bank Trust
S & G
1.5 M
Good
330
141328-00-00702 703
Larry Davis
Cinders
50,000
Good
331
141329-00-00100 103
EA Moore
Cinders
100,000
Good
332
141329-00-00102
RL Coats
Cinders
2 M
Good
Northwest
Wa /Terrebonne
333
141329-00-00104
Robinson
Cinders
2.7 M
Good
335
141333-00-00890
Erwin
Cinders
100.000
Excellent
Pershall Wa /Redmond
336
141333-00-00400 500
US Bank Trust
Cinders
4.5 M
Good
Cinder Butte/Redmond
339
141132-00-01500
Deschutes County
Dirt
200,000
Fill
Goodard Loo Bend
341
161000-00-00106
Young & Morgan
S & G
1 M
Good
342
220900-00-00203
Crown Pacific
Cinders
200,000
Good
345
161000-00-01000
Crown Pacific
Cinders
50,000
Good
346
161000-00-01000
Crown Pacific
Cinders
50,000
Good
347
1 161101-00-00300
Deschutes County
Dirt
10,000
Good
351
161112-00-01401 1700 2000
Gisler/Russell
Cinders
150,000
Good
Innes Mkt/Innes Butte
355
161135-00-02100
Cascade Pumice
Pumice
750,000
Good
Page 9 of 11 -EXHIBIT `B" TO ORDINANCE NO. 2001-038 (10/31/01)
Goal 5 Inventory — Mineral and Aggregate Sites
SITE
NO.
LEGAL DESCRIPTION
NAME
TYPE
QUANTITY*
QUALITY
ACCESS/LOCATION
356
161135-00-02000
Tumalo Irri ation
Pumice
2 M
Good
357
161136 -DO -00100, 161100-
00-10400 10300
Tumalo Irrigation
Cinders
1 M
Johnson Road/Tumalo
357
161136 -DO -00100, 161100-
00-10400 10300
Tumalo Irrigation
S & G
500,000
Good
357
161136-130-00100, 161100-
00-10400 10300
Tumalo Irrigation
Pumice
500,000
Good
358
161231 -DO -01100
Gisler
S & G
100,000
ODOT Specs
Hwv 20/Tumalo
361
161222 -CO -02800
Oregon State Hwy
Cinders
700,000
Good
366
161230-00-00000
Oregon State Hwy
S & G
40,000
ODOT Specs
368
161220-00-00200
Bend Aggregate
S & G
570,000
Excellent
Twin Bridges/Tumalo
370
161231 -DO -00400
Bend Aggregate
Plant Site
Storage
379
181100-00-01600
Oregon State Hwy
S & G
500,000
ODOT Specs
381
181125 -CO -12600, 181126-00-
01600
Pieratt Bros
Cinders
50,000
Good
390
181214-00-00500 100
Deschutes County
Dirt
2 M
Landfill
391
181221-00-00200
Central OR
Pumice
Cinders
500,000
Good
392
181223-00-00300
Rose
Rock
10 M Est
Mixed
392
181223-00-00300
Rose
Dirt
7.5 M
Good
393
181225-00-01400
LT Contractors
Cinders
12.5 M
Good
Arnold Mkt Rd/SE of
Bend
394
181200-00-04400 04411
Windlinx
Cinders
270,000
Coarse
Hwy 97/South of Bend
395
181200-00-04300
Ore on State Hwy
Cinders
100,000
Good
400
181300-00-04501 04502
Eric Coats
S & G
2.5 M
ODOT S ecs
404
191400-00-00200
Moon
S & G
1.3 M
Good
404
191400-00-00200
Moon
Rock
800,000 - 2 M
Good
Hwy 20/East of Bend
405
191400-00-00600
Oregon State Hwy
Aggregate
50 000
ODOT Specs
408
191600-00-01500
RL Coats
S & G
3 M
Good
413
201500-00-01400
Deschutes County
S & G
30.000
Good/Excellent
Hwy 20/East of Bend
414
201500-00-01500
Deschutes County
S & G
30,000
Good/Excellent
Hwv 20/East of Bend
415
201716-00-00700
Deschutes County
S & G
30,000
Good/Excellent
Hwy 20/East of Bend
416
201716-00-00200
Deschutes County
S & G
30,000
Good/Excellent
Hwy 20/East of Bend
417
201716-00-00900
Deschutes County
S & G
30,000
Good/Excellent
Hwy 20/East of Bend
418
201716-00-01000
Deschutes County
S & G
30,000
Good/Excellent
Hwy 20/East of Bend
419
201716-00-01300
Deschutes Countv
S & G
30.000
Good/Excellent
Hwy 20/East of Bend
421
212000-00-00900
RL Coats
S & G
500.000
Excellent
Hwv 20/Tumalo
423
211106 -CO -00700
Ray Rothbard
S & G
100,000
Good
426
211100-00-00702
La Pine Redi-Mix
S & G
1 M
Good
427
211100-00-00701
Bill BaWey
S & G
40,000
Good
431
221100-00-00600
Russell
Cinders/
Rock
12 M/1.2 M
Good
Finley Butte
432
221100-00-00500
State of Oregon
Cinders
160,000
Good
433
211300-00-00101
La Pine Pumice
Lump
Pumice
10 M
Excellent
441
150903-00-00300
Willamette Ind
S & G
11 M
Good
442
150909-00-00400
Willamette Ind
S & G
6 M
Good
443
150917-00-00600
Willamette Ind
Rock
150.000
Fair
453
161209 10-00-00600 301
Robert Fullhart
S & G
704,000
ODOT Specs
459
141131-00-05200
Deschutes County
Cinders
50,000
Good
461
141300-00-01500, 1501, 1502,
1503 1505
Nolan
S & G
350,000
Good
461
141200-00-01501, 1502, 1503,
1505 1600
Franklin Nolan
Diatomite
2 M
Good
465
141333-00-00900
Oregon State Hwy
Cinders
100,000
Good
466
141333-00-00600
Fred Elliott
Cinders
5.5 M
Good
467
141333-00-00601
Knorr Rock Co
Cinders
5 M
Good
469
141131-00-00100
Deschutes County
Cinders
2 M
Fair
475
151012-00-00600
Deschutes County
Cinders
200,000
Good
Cloverdale Road
482
151300-00-00103
Deschutes Count
Dirt
2 M
Good
Ne us Landfill
488
161230-00-00100, 600, 2000,
2100
Bend Aggregate
S & G
400,000
ODOT Specs
Page 10 of 11 — EXHIBIT `B" TO ORDINANCE NO. 2001-038 (10/31/01)
Goal 5 Inventory — Mineral and Aggregate Sites
SITE
NO.
LEGAL DESCRIPTION
NAME
TYPE
QUANTITY*
QUALITY
ACCESS/LOCATION
496
191400-00-00500
Taylor
S & G
1.8 M
Mixed
Hxvy 20
498
191400-00-02200
Oregon State Hwy
S & G
200,000
ODOT Specs
I r, a
� .. -• m-mm=
499
191533-00-00200
Oregon State Hwy
S & G
50,000
ODOT Specs
.:�
I ■
500
191500-00-00099
Oregon State Hwv
S & G
130,000
ODOT S ecs
501
191500-00-01600
Oregon State Hwy
S & G
50,000
ODOT Specs
503
191600-00-01300
Oregon State Hwy
S & G
200,000
ODOT S ecs
505
201600-00-00400
Oregon State Hwy
S & G
275,000
ODOT Specs
506
201600-00-00600 700 800
Oregon State Hwy
S & G
36,000
ODOT Specs
508
201700-00-01000
State of Ore on
S & G
100,000
ODOT S ecs
515
201801-00-00100
Oregon State Hwy
S & G
100,000
ODOT Specs
522
211900-00-01000
Oregon State Hwy
S & G
300,000
ODOT Specs
524
212000-00-01900
Oregon State Hwy
S & G
300,000
ODOT Specs
528
222110-00-00600
Oregon State Hwy
S & G
45,000
ODOT Specs
529
221100-00-00300
Ore on State Hwv
S & G
31,000
ODOT S ecs
533
222100-00-00800
Oregon State Hwy
S & G
I M
ODOT Specs
541
141035-00-02000, 2100, 2200,
2300 2400 2500 2600
Cyrus
Aggregate
528,000
Good
Inc Portions of TL
1800/1900
542
151001-00-02700
Swarens
Aggregate
80 000
Good
543
151013-00-00100
Crus
Aggregate
1.1 M
Good
600
191400-00-00700
Robinson
S & G
3.8 M
Good
Hwy 20/East of Bend
601
211100-00-00700
La Pine Redi Mix
S & G
479,000
DEO Specs
Paulina Lake Road
* quantity in cubic yards unless noted
wrommol
mw
►•u
Mrs
-,
Iu6
": •=.-Mmm I
r■
,.
■ =.:�
-r■
.11111
-r■
1
11
I r, a
� .. -• m-mm=
1
11
c • W. ■ •: �i
I . u■, :
.:�
I ■
1 111 ■
11111
-• ■
-.l.: ■:
(Ord. 2001-038 § 2, 2001; Ord. 2001-016 § 2, 2001; Ord. 2000-017 § 1, 2000; Ord.99-028, 1999; Ord. 99-019, 1999; Ord. 96-076, 1996; Ord. 95-
041, 1995; Ord. 94-050, 1994; Ord. 90-025, 1990)
Page 11 of 11 —EXHIBIT "B" TO ORDINANCE NO. 2001-038 (10/31/01)
EXHIBIT "C"
WETLANDS
Inventory
Deschutes County Ordinance 92-045 adopted all wetlands identified on the U. S. Fish and Wildlife
Service National Wetland Inventory Maps as the Deschutes County wetland inventory. Wetlands are
those areas that are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal conditions do support a prevalence of vegetation typically
adapted for life in saturated soil conditions.
Location, Oualitv and Ouanti
The location and description of wetlands is shown on the U.S. Fish and Wildlife Wetland Inventory
Maps. Wetlands in Deschutes County are found adjacent to rivers, streams, and springs, in low lying
areas with soils that inhibit drainage, in and adjacent to natural and constructed lakes and ponds and as
a result seepage from irrigation canals and distribution ditches. In addition, many of the wetlands
identified on the National Wetland Inventory Maps include irrigation canals
Wetlands are identified by three indicators: hydrology (is the areas saturated or inundated with water at
some time during the growing season); hydric soils (are the soils those that are commonly found in
wetlands); and vegetation (is there a predominance of vegetation that commonly grows in wet areas).
In the and climate of Deschutes County, wetlands are essential habitat for waterfowl and significant
habitat for upland game birds including grouse, quail, mourning doves and pheasants. Many non -game
species also depend on the wetland habitat. The wetlands adjacent to rivers and streams are important
hydrological components of the habitat for aquatic species.
Conflicting Uses Determination and Analysis
Conflicting uses include fill and removal of material, including vegetation, which could cause
reduction in the size, quality or function of a wetland. Fill and removal in riparian wetlands can result
in erosion and increased stream turbidity.
Locating structural development in wetlands would reduce the habitat and the use of the structure
could cause conflicts such as harassment or disturbance of wildlife dependent on the habitat.
Draining wetlands for agriculture or other development purposes destroys the hydrological function of
the wetland and alters the habitat qualities that certain wildlife depend on. Cutting of wetland
vegetation adjacent to streams can remove important shade for streams, eliminate habitat for various
waterfowl, furbearers, and nongame bird species and can also increase the potential for erosion or bank
instability in riparian areas.
Economic. Social, Environmental and Enery Consequences of Conflicting Uses
Economic Consequences:
The positive economic consequences of limiting conflicting uses are the protection of habitat which
will maintain or increase the fish and wildlife populations and natural diversity. Abundant wildlife and
natural areas are a main reason tourists visit the county. The maintenance of wetland habitat may
increase the value of property because of the aesthetic values often associated with natural areas and
wildlife.
Page 1 of 4 — EXHIBIT "C" TO ORDINANCE NO. 2001-038 (12/10/01)
Restriction of fill and removal in agricultural wetlands could create increased cost for normal
maintenance of irrigation storage ponds.
Construction in wetlands would cost more than in upland areas because of the amount of fill required
to make the ground dry and stable for construction.
Social Consequences:
The positive social consequence of limiting conflicting uses is the protection of habitat which has
aesthetic qualities appreciated by residents of the area and tourists. Limiting conflicting uses in riparian
wetlands will help maintain water quality for wildlife and
Limiting conflicting uses could prevent a property owner from developing their property in a manner
they desire.
Environmental Consequences:
The environmental consequences of limiting conflicts with wetland habitat are positive. The habitat
would be retained or enhanced which results in stable and diverse fish and wildlife populations and
high water quality for fish. There are no significant negative environmental consequences.
Energy Consequences:
Modifying or filling wetlands to allow development may require more use of equipment and fuel than
comparable development on upland areas.
Additional information and ESEE analysis is provided in the Deschutes County/City of Bend River
Study, Chapter 6 and the River Study Staff Report which are incorporated herein by reference.
Conclusion:
Based on the ESEE analysis, consequences should be balanced to allow the conflicting uses but in a
limited way in order to protect the resource to the desired extent.
Program To Achieve Goal 5 For Wetland Habitat
The Deschutes County/City of Bend River Study, the Deschutes County Comprehensive Plan and Title
18 of the Deschutes Code contain the following policies and regulations to limit conflicting uses.
Deschutes County/City of Bend River StudX
The Deschutes County/City of Bend River Study resulted in the amendment of the Comprehensive
Plan to include a chapter entitled Deschutes River Corridor (Ordinance 86-019). The following goals in
the Deschutes River Corridor chapter of the Comprehensive Plan address wetland habitat:
FISH
7. Deschutes County shall adopt regulations pertaining to fill and removal of material in
waterways and adjacent wetlands.
Page 2 of 4 — EXHIBIT "C" TO ORDINANCE NO. 2001-038 (12/10/01)
12. Deschutes County, in cooperation with the irrigation districts, USFS, ODFW, and
Bureau of Reclamation, should explore means to restore and stabilize riparian and
wetland habitats. Emphasis should be on stabilizing flows caused by water regulations.
Consideration should also include, but not be limited to, bank erosion control
revegetation programs, and elimination of inappropriate levels of riparian livestock
grazing along rivers and streams.
WILDLIFE
4. Deschutes County, in cooperation with the USFS and ODFW, shall protect and
enhance lands containing sensitive wildlife habitat.
9. Deschutes County shall support efforts by local conservation clubs to develop a
waterfowl and wetlands habitat improvement program along the Deschutes River.
12. Deschutes County shall adopt regulations pertaining to fill and removal of material in
waterways and adjacent wetlands.
OPEN SPACE
Deschutes County shall include areas along the Deschutes River, Little Deschutes
River, Crooked River, Spring River, Fall River, Tumalo Creek, Paulina Creek and
Squaw Creek into the Landscape Management Zone. In these areas, the LM zone may
include all riparian areas, wetlands and canyons.
Goals and policies in the Water Resource, Open Space, Recreation, Fish, and Wildlife sections of the
Comprehensive Plan address riparian habitat protection and enhancement. Riparian areas in Deschutes
County often contain wetlands.
Title 18 - Deschutes Counly Zoning Ordinance
In all zones, the county zoning ordinance requires a 100 foot setback from the ordinary high water
mark of all streams or lakes for all sewage disposal installations and structures. Wetland areas are often
found within 100 feet of streams.
Title Section 18.1280) 270, Fill and Removal, establishes the criteria for the conditional use permit.
All zones in the county outside of urban growth boundaries require a conditional use permit for fill and
removal activity in a wetland or within the bed and banks of a stream or river. The criteria require: (1)
review by the Oregon Department of Fish and Wildlife; (2) control of erosion; (3) minimizing
disturbance of existing vegetation; (4) a determination that there is no practical alternative for
development. A conservation easement is required as a condition for a fill and removal conditional use
permit.
Title Section 18.120.050 establishes exceptions to the requirement for fill and removal conditional use
permits. A conditional use permit is not required for fill and removal of less than 50 cubic yards for the
purpose of removing diseased or insect -infested trees or shrubs, trees presenting a safety hazard or
normal maintenance and pruning. An exception to the requirement for a conditional use permit may be
granted for: (1) minor fill or removal for vegetative enhancement; (2) maintenance and repair of
existing bridges, dams, irrigation facilities that will not alter the existing characteristics of the wetland;
(3) maintenance of nonconforming structures or boat docks; (4) emergency actions to mitigate fill and
removal violations in order to benefit fish and wildlife habitat; (5) fish and wildlife habitat
Page 3 of 4 — EXHIBIT "C" TO ORDINANCE NO. 2001-038 (12/10/01)
enhancement projects approved or sponsored by the Oregon Department of Fish and Wildlife.
In addition, many of the wetlands identified on the National Wetland Inventory Mans are within
existing irrigation canals and are not significant wetlands. Even if significant wetlands do exist within
some canals. the "Program to Achieve Goal 5 for Wetland Habitat" will continue to provide protection
to these wetlands through the regulatory authority of the Division of State Lands which also will
coordinate review with the Oregon Department of Fish and Wildlife Because the County's current
practice for fill and removal permits in existing irrigation canals is to coordinate with the Division of
State Lands and defer to their recommendations and expertise eliminating the need for a County
permit will not significantly alter the degree to which the wetlands are protected and thus not
significantly alter the Program to Achieve the Goal Therefore for fill and removal activities
conducted by an Irrigation District involving piping work in existing canals and ditches a conditional
use permit is not required
ale Chanter 18.96, Flood Plain Zone - protects wetlands within flood plains by requiring a
conditional use permit for any development. One of the specific purposes of the zone is to conserve
riparian areas and maintain fish and wildlife resources. The Flood Plain zone also regulates docks and
piers and requires a finding that the structure will not cause the deterioration of destruction of wildlife
habitat.
Division of State Lands
The Oregon Division of State Lands requires permits to fill or remove more than 50 cubic yards of
material from a wetland.
U.S. Army Corps of Engineers
The U.S. Army Corps of Engineers administers federal regulations on fill and removal in wetlands. A
federal permit may be required for fill and removal of material in a wetland.
(Ord. 2001-038 § 3, 2001; Ord. 94-007 § 1, 1994; Ord. 92-041 § 2, 1992)
Page 4 of 4 — EXHIBIT "C" TO ORDINANCE NO. 2001-038 (12/10/01)
STAFF REPORT
FILE NUMBER TA -01-1
ORDINANCE NOS. 2001-038 & 2001-039
HEARING DATE: November 7, 2001 at 10:00 a.m.
Board of County Commissioners Hearing Room
Administration Building —1130 NW Harriman Street
Bend, Oregon 97701-1947
APPLICANT: Marc Thalacker
Manager
Squaw Creek Irrigation District
P.O. Box 2230
Sisters, Oregon 97759
SUBJECT: A Text Amendment to Title 18, Deschutes County Zoning Ordinance, to
allow irrigation districts in Deschutes County to operate, maintain, and
pipe existing irrigation systems, and to allow, as a Conditional Use,
surface mining activities including off-site use and sale of material; and
An amendment to Title 23, Deschutes County Year 2000 Comprehensive
Plan, to adopt a mineral and aggregate inventory list that contains non-
significant mineral and aggregate material.
Staff Planners: George Read, Director
Catharine Tilton, Associate Planner
Introduction: The applicant, Squaw Creek Irrigation District, initiated a text amendment to the
Deschutes County Zoning Ordinance and Comprehensive Plan that would allow Irrigation
Districts to operate, maintain, and pipe existing irrigation systems without a land use permit and
to conduct surface mining activities, including the off-site use and sale of excavated material, as
a Conditional Use. The Planning Commission held a public hearing on this matter in April,
which was continued to May 24, 2001, and voted to forward to the Board a recommendation
that supports the applicant's request to conduct maintenance operations, including piping of
existing canals, and surface mining activities that involve the off-site use and sale of material.
The following Staff Report is divided into six parts as follows: I. Background; II. Proposal; III.
Planning Commission Review; IV. Draft Ordinances 2001-38 and 2001-039; V. Public Notice
and Comments; and VI. Staff Recommendations.
I. Background: The County's zoning ordinance lacks clarity regarding operations and
maintenance activities conducted by Irrigation Districts in Deschutes County. In addition,
operation and maintenance activities conducted by Irrigation Districts require the on-going
removal of accumulated sand, silt, topsoil, and other sediment matter from their canals, ditches
and reservoirs.
File: TA -01-1 Exhibit > -
Page 1 of 1 Page --I-- of -`�;.--
Ordinance ?Ac 1- ° 3 $
III. Planning Commission Review: The Planning Commission held a hearing on the text
amendment in April 2001, which was continued to May 24, 2001. The Planning Commission
continued the hearing to allow staff to meet with applicable agencies and parties to discuss
issues related to the applicant's proposal. Staff (including George Read) arranged meetings
with staff from the Department of Land Conservation and Development; the Oregon Department
of Fish and Wildlife; and the Division of State Lands; the applicant, Squaw Creek Irrigation
District; Swalley Irrigation District; and County legal counsel. Issues discussed included in part,
the potential impact of the applicant's proposal on riparian and wetland areas as well as other
sensitive natural resource areas under the jurisdictions of the Oregon Department of Fish and
Wildlife and the Division of State Lands; the development of a non-significant mineral and
aggregate resource list to accommodate the off-site use and sale of excavated material; and
expanding the applicant's proposal from the Exclusive Farm Use zone to include other base
zones to account for Irrigation District's systems that cross multiple zoning districts.
The results of the meetings were brought to the Planning Commission who unanimously voted
on May 24, 2001, to forward the following recommendations to the Board of County
Commissioners:
1. To allow the operation, maintenance, and piping of existing irrigation systems
operated by Irrigation Districts as a use permitted outright in the base zones.
2. To adopt a non-significant mineral and aggregate resource list to accommodate
surface mining activities that involve the off-site use and sale of material on sites
owned or operated by Irrigation Districts in Deschutes County.
3. To amend Title 18 by adding a new category specific to Irrigation Districts to the
Conditional uses permitted section in each of the base zones. The new Conditional
use category would allow Irrigation Districts to excavate and mine for facilities,
ponds, reservoirs, and the off-site use and sale of excavated material subject to
Conditional Use approval.
4. To defer regulatory authority of piping work conducted in existing canals and ditches
within jurisdictional wetlands to the Division of State Lands by adding an additional
category to the fill and removal exceptions list contained in section 18.120.050 of the
Deschutes County Code.
IV. Draft Ordinances 2001-038 and 2001-039: The attached ordinances are the result of the
Planning Commission's recommendations to the Board. Highlights of the ordinances are
summarized below:
➢ Ordinance 2001-038: Amends Title 23, the County's Comprehensive Plan by adding a
"Non -goal 5 Inventory — Mineral and Aggregate Sites" list. This list is necessary, in part,
to comply with State law, ORS 215.298, relative to surface mining in the EFU zone,
which requires a land use permit for mining over 1,000 cubic yards, in addition to the site
being placed on "an inventory in an acknowledge comprehensive plan." The list of non-
significant mineral and aggregate resources was developed following a solicitation by
staff and Director, George Read, at a June 7, 2001, managers meeting held by, and for,
the Irrigation Districts. The solicitation was a request to the Irrigation Districts for
information pertaining to the location, type and quality of mineral and aggregate resource
File: TA -01-1 Exhibit D
Page 3 of 3 Page -3 -- of
Ordinance 7-4901-0— 39
material for surface mining sites to be placed on the non-significant resource list. The
resulting list contains four sites with information provided by the applicant, Squaw Creek
Irrigation District. No other irrigation district submitted documentation to be included on
the non-significant mineral and aggregate resource list. (This list can be expanded,
though, through an amendment to the Comprehensive Plan.) The text of portions of the
Comprehensive Plan has also been amended to accommodate the non-significant
mineral and aggregate resources list.
➢ Ordinance 2001-039: Amends Title 18, the County's Zoning Ordinance, to include as a
use permitted outright, the operation, maintenance, and piping of existing irrigation
systems in the base zones. In addition, text has been added to the Conditional Use
sections of the base zones to include surface mining activities conducted by Irrigation
Districts. The Conditional Use chapter, Chapter 18.128, which provides for specific use
standards, has also been amended to include limitations on surface mining activities
conducted by Irrigation Districts, such as limiting the hours of operation and prohibiting
crushing and processing. Finally, under the Exceptions chapter, Chapter 18.120, a third
exception has been added to the fill and removal exceptions list that defers regulatory
review to the Division of State Lands (DSL) for fill and removal activities in existing
canals and ditches within jurisdictional wetlands.2
V. Public Notice and Comments: The Planning Division mailed written notice of the public
hearing and copies of the draft ordinances to participating agencies and interested parties
for review and comment. As of the date of this Staff Report, the Planning Division has not
received any public or agency comments.
In addition, notice of the public hearing was published in the Bend Bulletin newspaper on
October 14, 2001 and posted, as required, in three public places, including the public notice
bulletin boards at the Board of County Commissioner's office, the Community Development
Department, and the Bend Public Library.
VI. Staff Recommendations: Staff recommends the Board of County Commissioners take the
following actions:
1. Conduct a public hearing on November 7 2001, on proposed Ordinances 2001-038
and 2001-39.
2 The Forest zones have been intentionally excluded from the text amendment additions because
statutory language exists in the County Code relative to Forest zones that accommodates as a use
permitted outright:
Water intake facilities, canals and distribution lines for farm irrigation and ponds.
And as a Conditional Use:
• Water intake facilities, related treatment facilities, pumping stations and distribution lines.
• Reservoirs and water impoundments.
File: TA -01-1
Page 4 of 4
Exhibit
CI
ll
Page 4— of S
Ordinance 2ACII-03 g
The applicant would like to sell this material. However, excavating more than 1,000 cubic yards
to be used and sold off-site involves an extensive process that requires the site to be zoned
Surface Mining (SM), be listed on the County's Goal 5 Mineral and Aggregate Resource
Inventory list, and have an Economic, Social, Environmental, and Energy (ESEE) conflict
analysis adopted by the Board.
Further, to be placed on the County's mineral and aggregate resource inventory list, State law
requires that an applicant demonstrate that the aggregate resource is,"significant"—that is,
100,000 tons of aggregate material meeting the Oregon Department of Transportation's
specifications for base rock, which is primarily used in road building.'
Meeting the State's significance threshold is unlikely to occur for Irrigation District's because the
excavated material produced by Irrigation Districts predominantly consists of sand, silt and topsoil,
which typically will not meet the State's significance standard to be placed on the County's Mineral
and Aggregate Resource list.
III. Proposal: The applicant is requesting an amendment to the County's Zoning Ordinance that
would allow irrigation districts to operate, maintain, and pipe their existing irrigation systems
without obtaining a land use permit. In support of their request, the applicant cites Oregon
Revised Statutes, ORS 215.283(1)(x), below relative to uses that may be established in the
Exclusive Farm Use zone:
(x) Irrigation canals, delivery lines and those structures and accessory
operational facilities associated with a district as defined in ORS 540.505.
In addition, the applicant is requesting an amendment to the County Zoning Ordinance that
allows them to use and sell the excavated material accumulated in their canals, ditches, and
reservoirs, including material excavated for the expansion or construction of new reservoir sites.
'Since the County adopted its Surface Mining rules in 1990, State law has changed relative to Goal 5
Mineral and Aggregate Resources. Now, to be placed on an inventory list affording protection under Goal
5, an applicant must demonstrate that the aggregate resource site is "significant.” Per OAR -660-023-
180(3), with few exceptions, an aggregate resource site is considered significant if adequate information
regarding the quantity, quality, and location of the resource demonstrates that the site meets any one of
the following criteria:
(a) A representative set of samples of aggregate material in the deposit on the site meets
Oregon Department of Transportation (ODOT) specifications for base rock for air
degradation, abrasion, and sodium sulfate soundness, and the estimated amount of material
is more than 2,000,000 tons in the Willamette Valley, or 100,000 tons outside the Willamette
Valley;
(b) The material meets local government standards establishing a lower threshold for
significance than subsection (a) of this section; or
(c) The aggregate site is on an inventory of significant aggregate sites in an acknowledged plan
on the applicable date of this rule.
(Note: Deschutes County has not adopted a lower threshold for significance and, therefore, (b) is not
applicable.)
File: TA -01-1 Exhibit
Page 2 of 2 Page of . _
Ordinance 20b I - 039
•
2. Consider testimony received on this proposal submitted at the hearing and before the
close of the record.
3. Adopt the proposed ordinance with revisions based on issues raised or changes
proposed through public testimony.
Attachments:
1. Ordinance 2001-038
2. Ordinance 2001-039
Dated this day of October, 2001.
Mailed this 3 ► day of October, 2001.
Exhibit D
File: TA -01-1 Page of ,gym
Page 5 of 5
Ordinance�1'�