2006-180-Minutes for Meeting February 28,2006 Recorded 3/2/2006COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS
COMMISSIONERS' JOURNAL
11111)[11 1111 03/02/2006 03:59:19 PM
20 180
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF SPECIAL WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
TUESDAY FEBRUARY 28, 2006
Commissioners' Conference Room - Administration Building - 1300 NW Wall St..., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly. Also present were
Laurie Craghead, Legal Counsel; and Paul Blikstad, Community Development; and
media representative Chris Barker of The Bulletin. No other citizens were present.
The purpose of the work session was to address questions and concerns of the
Commissioners regarding the 4-R Equipment (Millican Mine) Appeal.
The meeting began at 9:30 a. m.
Commissioner Luke said the purpose of the work session was for the Commissioners
to get comments and feedback from staff on the ESEE analysis and proposed
conditions.
Laurie Craghead stated that the Board should ignore any information relating to the
area outside of the half-mile impact area. This situation created some problems at the
public hearing because that information cannot be considered, since the Board had
already decided on the specific impact area.
Commissioner Luke stated he would not be considering anything having to do with
the area outside of the half-mile impact area. Commissioner Daly indicated that he
would not be considering information regarding the area outside of the ESEE impact
area, either.
Commissioner Daly said that he knows the observatory is located outside the
impact area, but asked what exactly is inside of it. Ms. Craghead stated that there
are some Indian carvings inside the area, but under State and Federal law their
location must be kept confidential and is not subject to public disclosure. They are
located within about 2,000 feet away.
Minutes of Work Session - Millican Mine/4-R Equipment Tuesday, February 28, 2006
Page 1 of 3 Pages
The Walker residence is within 2,300 feet, Coyote Wells is about 1,350 feet, and a
dust shelter is within the impact area. Commissioner Luke said that the dust
shelter is probably a horse shelter. Paul Blikstad stated that he has been to the
location and didn't see any structures.
Ms. Craghead explained that Highway 20 bisects the property, and a 600-feet
setback buffer from the road is proposed. It is in a wildlife area combining zone,
and is antelope range, and there are some agricultural uses such as dry land
grazing. One argument the applicant has made is that the only natural resources
types of conflict they need address on their property are those on the Goal 5
inventory. The opponents claim that others need to be considered, specifically
wildlife such as pygmy rabbits that could be affected by dust, noise, traffic and
vibration. She said she thinks the Board needs to look at the other resources and
whether the ESEE mitigates those other issues.
Commissioner Daly asked if there is any documentation indicating the wildlife
listed are protected species in Central Oregon. Ms. Craghead said she didn't know;
Mr. Blikstad noted there are no comments in the record to that effect.
Ms. Craghead said that the statements given say they are sensitive species.
Commissioner Luke stated that findings could be written to show mitigation in this
case. Commissioner Daly added that the applicant has stated if there were a tough
winter, they would temporarily shut down operations.
Commissioner Luke said that the Department of Fish & Wildlife rules need to be
followed, and fencing should be wildlife friendly. Ms. Craghead stated that the
Board needs to determine if that is enough mitigation, since pygmy rabbits are
considered sensitive species and vulnerable, and are listed in the Columbia River
Basin as endangered, per the DuPriest letter. Commissioner Luke added that he
would like to see the design of the fencing approved by Fish & Wildlife.
In regard to roads, Commissioner Luke stated that the roads should probably be
asphalt, and the roads to the property line need to be built at County standards.
The roads on the property should be paved up to the pit to help keep the dust down.
Regarding the use of water, Ms. Craghead noted that not only do they have to have
water on site; they must use it for dust control purposes.
After a brief overview of the additional proposed conditions, the meeting
adjourned at 10:00 a.m.
Minutes of Work Session - Millican Mine/4-R Equipment Tuesday, February 28, 2006
Page 2 of 3 Pages
of Commissioners.
ATTEST:
f-~~r6z~
Recording Secretary
DATED this 28th Day of February 2006 for the Deschutes County Board
Dennis R. Luke, hair
- &b -,ce -
Bev Clarno, Vice Chaij
Daly, Cr6mmissioner
Minutes of Work Session - Millican Mine/4-R Equipment Tuesday, February 28, 2006
Page 3 of 3 Pages