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2012-1886-Minutes for Meeting December 03,2012 Recorded 12/21/2012DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 2012-1886 CLERKDS } LOJJ'~Y{7~ 11/21/2012 019:57;18 AM Do not remove this page from original document. Deschutes County Clerk Certificate Page a Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutcs.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 3, 2012 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Tom Anderson, Interim County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Nick Lelack, Paul Blikstad and Peter Gutowsky, Community Development; and approximately 15 other citizens. Chair DeBone opened the meeting at 10:05 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Commissioner Baney advised that Oregon Youth Challenge cadets are in attendance today. Two cadets explained that while in this program, they learned to respect family and hold themselves to a higher standard; and decided that education is very important. Chair DeBone said that joining the program is a choice, as is completing it. It is not easy. Graduation is next week at the Fairgrounds, and the Board plans to attend. 3. Before the Board was Consideration of Second Reading by Title Only, and Adoption of Ordinance No. 2012-016, Amending Certain Sections of Deschutes County Comprehensive Plan (Destination Resort Eligibility Criteria). Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 1 of 13 Peter Gutowsky gave a brief overview of the item, which is a housekeeping item to make Code more consistent. BANEY: Move second reading by title only. UNGER: Second. VOTE: BANEY: Yes. LINGER: Yes. DEBONE: Chair votes yes. Chair DeBone conducted the second reading, by title only. BANEY: Move adoption of Ordinance No. 2012-016. UNGER: Second. VOTE: BANEY: Yes. LINGER: Yes. DEBONE: Chair votes yes. 4. Before the Board was a Public Hearing on Applications for a Plan Amendment and Zone Change Submitted by the Oregon Department of State Lands (Limited De Novo: File Nos. PA-11-7/ZC-11-2). Chair DeBone opened the hearing. Laurie Craghead said this is a quasi-judicial issue and any issues have to be raised at this time. This is a reopening of a previous hearing and is limited de novo, only on soils classification. Nick Lelack provided a PowerPoint presentation, giving a brief background of the issue for those who are not familiar with it. The property is not developed, has no water rights, and is not agricultural in nature. The Hearings Officer found that the majority of the property is class 7 or 8 soils, which is not suitable for agricultural use. The applicant seeks a zone and map change. The questions are how to determine or interpret soils classifications, and whether this should be proportional, with a weighted average; or the dominate condition. He gave detailed information on various portions of the overall property and what types of soils were found on each. Overall, 37% is class 6; 39% is class 7; and 38% is mixed or unknown. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 2 of 13 The Board, after taking testimony, can continue the hearing, close it and plan for deliberations. Mr. Lelack said staff wants to know the right way to do this, as it will impact future decisions. Thor Thorson of the U.S. Department of Agriculture and the Natural Resources Conservation Service said that other states do not classify soil in the same way as Oregon, so what has been presented is fairly unique to Oregon. This is the first time he has had to present the soil survey system in a public forum. At the request of the Department of State Lands, in early October he came up with an appropriate process to come up with soil determinations. He was also contacted by attorney Liz Fancher later about the methodology of determining the land capability process. There are three methods that can be used. The dominate condition average and the weighted average have been presented. One method not presented is based on the most limiting soil component. 100% of the parcel would be based on this, at class 7, based on 115 acres of the 375 total. The dominate soil component for 187 acres assigns 57% to class 6 and 43 to class 7. The last is the weighted average, assigns this area to 37% class 6, based on 334 out of 375 acres. Method 3 provides a better representation of the overall land capability of an area because it evaluates not just the most limiting or the dominate determination. Method 2 indicates over 50% is class 6; method 3 shows over 50% is class 7. It should be noted that the size and delineation of the area, when considering the landscape, the configuration has a lot to do with its limitation. The results could be different if the rest of the section was included. His results were determined independent of other information. Roger Borine, a consulting soils scientist for the Natural Resources Conservation Service said that he completed the soil survey for the DSL which was submitted with the application. The key question seems to be determining the method regarding soils classification. The weighted average is one way to make this determination, as well as the dominate condition. In the 1980's there was a push to start a soils survey which was published in 1992. (See attached memorandum and maps) The purpose of the survey was defined, as well as the scale of mapping. There are two levels of intensity; level 1 (forest) and level 2 (irrigated and non-irrigated). Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 3 of 13 There was a push to digitize soils surveys later, and most are at this point. This supersedes the written documents. They do this through remote sensing, field operations and other scientific work. He explained how the survey is conducted. Surveys are done on landscapes, and it unlikely to be accurate if the scale is changed or if looked at solely as a tax lot. He added that surveys are not designed to be used as primary regulatory tools is decision-making. Interpretation is the responsibility of the agency or group using the information. DLCD adopted Rules for FIB 3647 on October 1, 2011. The report is consistent with this and concludes that the parcel is approximately 56% class 7 and 8, non- agricultural land; and 44% is class 6 agricultural land. Matt Lisignoli of Terrebonne, speaking as an individual farmer (but who is also on the Planning Commission), said he is familiar with the topography and somewhat familiar with soils classification. He feels that a scientific decision is prudent. He asked if this land has been farmed, and whether it ever had water. He feels that to be economically viable the land would need a better climate, and thinks that class 6 soils are marginal at best. And the class 6 soils within this property are not contiguous, so it would be impossible to farm. The cost of removing the rocks is high, and there would not be a return on the investment in any way. He does not feel this land has any viable farm use. Bruce White, local attorney, said these issues have implications going well beyond this case. There seem to be three different ways to view the soils topic. The Board is being asked to make a policy decision on how to look at and apply soils surveys. This decision will be used in other cases regarding farm land that may have never been farmed. This secondary land issue will be of interest to many others. As the Board works through this, he urged that they keep this in mind, including the practical limitations of agriculture in this area. He prefers to see flexibility and practicality in applying these kinds of soil studies. Chair DeBone asked about the secondary land issues. Mr. White said this has been discussed for decades, and only Washington and Lane counties went through this process. The notion of what to do with land that is not very productive is a hot-button issue. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 4 of 13 People may be stuck with land that is not productive, and there has been a search for relief for years. A program was authorized by the Legislature regarding a reevaluation of rural, misclassified lands. This may end up being tied into that process. Liz Fancher, attorney for Newland, would like the rules to be clear and show some understanding of whether other people in the County can use the rural residential designation on non-agricultural lands. The web soil survey uses the dominate soil survey as a basis. This shows the majority of the land is class 6. This is the historical method used by NRCS, who would use this number for the entire parcel without considering other factors. The web soil survey should also be used. The problem that DLCD has said this is the only information that can be used unless the applicant obtains the services of an expert, who has to be approved by the DLCD. They would have to stamp Mr. Borine's report. She is not opposed to this application. However, the web soils survey provides the dominate condition information only. The question is whether to rely on the computer report or do further calculations to determine soil types. If the later, what information do you use? There are several ways to include the soils that are not rated. It needs to be clear how this should be done in the future. It is ironic that a study can't be used unless approved by the State, but the process is fairly straightforward. The map unit is a fairly large area shown on the NRCS soil survey. Smaller studies are not allowed unless DLCD approves it. When there is an unknown soil type, it is counted as the same soil type that is predominate. Land can be class 3 if irrigated and class 6 if it isn't. Another type of land is class 4 if irrigated but class 7 if not. The dominate classification survey is used by the NRCS and by Mr. Borine. Ms. Fancher said one method is to put the 15% in the dominate category; or a ratio could be used. The dominate conditions type is easier to apply; the weighted average is not used by the soils survey. There is no clear way to deal with the weighted average for unknown soils. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 5 of 13 This issue will have an impact on the non-agricultural lands issue later. If you have 51 % that is non-agricultural, how much is unknown has to be determined. Some of the unknown soil should go to the different classifications. This is an important policy decision for the Board. Putting it into one classification only makes it hard for other property owners. On the DSL property, not all soil types were considered so the percentages calculated were on 324 rather than 375 acres. The entire property needs to be considered. Chair DeBone asked about the unknown lands. Mr. Thorson said that these cannot be delineated out at that scale. They could be class 2 to class S, but don't know. Typically they'd be listed in the map unit description, but the data base does not classify them. There are a couple of methods that could be used; the dominate soils and the use. Commissioner Baney asked if there is any way to know where this land might be located. Mr. Thorson said that you can only do this with on-site work and that can be costly through a private consultant. This could delineate the inclusion soils, but would be at a different scale. Ms. Craghead said that the State Rules don't require finding out what those areas are. Also, assigning the inclusion could be to the dominate soil but might be unfair. Ms. Fancher said that is consistent with the web soil survey. The ratio is essentially applying the same way of thinking. The assumption would be arbitrary with a limited basis in reality. Commissioner Baney said this is an important decision when you are considering percentages. With a consultant taking it site -specific, can this be determined without being too expensive. Mr. Thorson stated this case might be an exception rather than the norm, with two different results. He feels most of the time it is going to be easier to determine. The inclusions seem to be a driver with this situation. The weighted average method might be best, applying a percentage of the unknown area to each type. Or this land could be totally taken out of the equation. Commissioner Baney asked if there is a standard amount of inclusion property. Mr. Thorson said they are trying to capture a high percentage of the property and usually this will be 15% or less in any given map unit. Commissioner Baney said that Ms. Fancher feels Mr. Borine's information can be relied upon. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 6 of 13 Ms. Craghead said that it has not been approved by DLCD so it could be appealed on that basis. It is important to decide between dominate or weighted. Mr. Thorson said that weighted is more complicated because there might be two or more soil types. In some cases it will make a difference as to whether a parcel is class 6 or 7. Commissioner Baney said that it needs to be based on fact, but the same method should be used for each case. Ms. Fancher feels that any property owner can come in with more detailed information. If the DLCD approves a consultant's report, that would be more reliable than the NRCS publications. The problems originated in Douglas County. Most scientists will use the dominate method and not the weighted method. They could go further and do on-site testing. Doug Parker, an asset planner representing the DSL/applicant, suggested that the best available information is the most important. The dominate soils survey most closely mirrors the work that was done. In State correspondence, they have to show that the study agrees with the NRCS report. They look at the best available information to use, and the 11/1 Thorson letter to Liz Fancher explains the weighted average, and the weighted average is the best way to go. Item #4 answers some questions, and this is new on the record, from the NRCS web soils survey. For each soil class the components are identified, along with the inclusions and how to implement a weighted average using the NRCS information. The CDD information has been shared with all. The best available information on this issue has not been given the attention it deserves. A site-specific survey was done on site to scientific standards, by Mr. Bonne at the request of the DSL. Page 5 discussed the methodology and the landscape approach and more. The soils investigation is a first order survey. Page 7 said the reports are quite different; the on-site survey gives details, based on hundreds of survey points. There were 58 plots and 28 backhoe pits, with excavation and data points involved, showing the linear information based on the trenches. This is the best available information done at the highest professional standards. This all went into the GIS study and is the best available data. The only thing at issue is whether it can be put into the record since the State agency prefers the NRCS report be used. The Deschutes County survey information shows what constitutes the classes of soil. This is based on the preponderance of evidence. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 7of13 Commissioner Baney asked Mr. Borine about the detailed survey to be used. He said it is what he submitted. Commissioner Unger stated that agricultural land has other factors besides soil types that influence how it can be used. There is weather and layout and other factors. Mr. Parker stated that the Hearings Officer may be considering the adjacent properties. All factors should be considered by the decision-makers. Ms. Fancher commented that Mr. Parker said that an October 3 letter reached conclusions, but it was an example and not specific to this property. She would rely only on the NRCS maps. The NRCS does not show any class 8 lands. The Board does not have to use the Borine report at all. This is the simplest and most defensible way to do this. The Daniels information was to a weighted average of class 7 and 8. If the dominate condition method is used, this needs to go through the State. Commissioner Baney said that Ms. Fancher is not the applicant and should not offer the final rebuttal. Mr. Parker stated he was clear about what he feels should be used. Nick Lelack asked how the Board would like to proceed at this point. This is a significant policy choice but the Board has discretion on how this land should be categories. Staff did not propose how this should be done. Over 50% is class 7 and 8 so the other land won't change this. The question is whether the Board can choose not to analyze the unknown land. The question is whether this is agricultural land. He did not hear any requests for a continuance or keeping the record open. Commissioner Unger asked about keeping the record open for a while for further written information. Ms. Craghead said that no one has asked for this, so the Board can choose to close the record at this point. If they choose the weighted average method, the 10% does not make a difference, but it also does not provide guidance for further decisions. Commissioner Baney stated that the information from Mr. Parker covers all of the property and does not have inclusions to consider. She asked whether this should be done for all properties. It should not be arbitrary. Ms. Craghead said a Code amendment would be needed if the Board wants to require a soil survey of all applicants. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 8of13 Mr. Lelack stated that the percentage may not shift the balance; but if it could, that might be a requirement at that time. It may not be an issue with all lands. The hearing was closed at this time. Chair DeBone said he doesn't see anything new that would influence his decision on this property. Commissioner Baney feels the information today strengthens it. Commissioner Unger wants some time to review the new information. The Board plans to deliberate on December 17 and give staff guidance on what documents are to be prepared. Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval of the consent agenda with the exception of the minutes, which have not yet been reviewed. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Consent Agenda Items 5. Chair Signature of Document No. 2012-638, a Grant Award for Radio Charging Banks - Sheriff's Office 6. Signature of Document No. 2012-619, an Acceptance Deed for a Temporary Construction Easement off Skyliners Road (Peacock) 7. Signature of Document No. 2012-631, an Acceptance Deed for a Temporary Construction Easement off Skyliners Road (Terhaar) 8. Signature of Document No. 2012-642, an Acceptance Deed for a Temporary Construction Easement on Skyliners Road (Samples) 9. Interim County Administrator's Signature of Document No. 2012-567, an Assignment of Revocable License (Coffee Shop in Courthouse) Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 9 of 13 10. Signature of a Letter Accepting the Resignation of Patricia von Riedl from the Behavioral Health Advisory Board, and Thanking her for her Service 11. Signature of a Letter Reappointing Stevan Rounds to the Newberry Estates Special Road District Board, through December 31, 2015 12. Signature of a Letter Reappointing Clayton Higuchi to the Deschutes County Budget Committee, through December 31, 2015 13. Signature of a Letter Reappointing Marc Henegar to the Redmond Airport Commission, through December 31, 2016 14. Approval of Minutes: • Board Meeting of November 19, 2012 • Work Sessions of October 31 and November 19, 2012 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Signature of a Letter Reappointing Clayton Higuchi to the 9-1-1 County Service District Budget Committee, through December 31, 2015. UNGER: Move approval. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $16,495.97 (two weeks). UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 10 of 13 CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 17. Before the Board was Consideration of Signature of Document No 2012- 575, Amending an Intergovernmental Agreement between the Sunriver Police Department and Sheriffs Office regarding Use of the Sheriff's Communication System. UNGER: Move approval. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 18. Before the Board was Consideration of Signature of a Letter Reappointing Clayton Higuchi to the Bend Library County Service District Budget Committee, through June 30, 2015. UNGER: Move approval. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT DISTRICT 19. Before the Board was Consideration of Signature of a Letter Reappointing Clayton Higuchi to the Rural Law Enforcement District Budget Committee, through December 31, 2015. UNGER: Move approval. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 11 of 13 CONVENED AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT 20. Before the Board was Consideration of Signature of a Letter Reappointing Clayton Higuchi to the Countywide Law Enforcement District Budget Committee, through December 31, 2015. LINGER: Move approval. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 21. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $22,651.17 (two weeks). UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 22. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $7,452,271.30 (two weeks). UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 12 of 13 23. ADDITIONS TO THE AGENDA None were offered. Being no further items discussed, the meeting adjourned at 12:25 p.m. DATED this [I ~Day of 2012 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: 50~r Tammy Barley, Co issioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, December 3, 2012 Page 13 of 13 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.-dcschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, DECEMBER 3, 2012 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the official record of that hearing. 3. CONSIDERATION of Second Reading by Title Only, and Adoption of Ordinance No. 2012-016, Amending Certain Sections of Deschutes County Comprehensive Plan (Destination Resort Eligibility Criteria) - Peter Gutowsky, Community Development Suggested Actions: Move second reading by title only of Ordinance No. 20.12- 016; move adoption of Ordinance No. 2012-016. 4. A PUBLIC HEARING on Applications for a Plan Amendment and Zone Change Submitted by the Oregon Department of State Lands (Limited De Novo: File Nos. PA-11-7/ZC-11-2) - Nick Lelack and Paul Blikstad, Community Development Suggested Action: Open hearing and take testimony. Board of Commissioners' Business Meeting Agenda Monday, December 3, 2012 Page 1 of 7 CONSENT AGENDA 5. Chair Signature of Document No. 2012-638, a Grant Award for Radio Charging Banks Sheriff's Office 6. Signature of Document No. 2012-619, an Acceptance Deed for a Temporary Construction Easement off Skyliners Road (Peacock) 7. Signature of Document No. 2012-631, an Acceptance Deed for a Temporary Construction Easement off Skyliners Road (Terhaar) 8. Signature of Document No. 2012-642, an Acceptance Deed for a Temporary Construction Easement on Skyliners Road (Samples) 9. Interim County Administrator's Signature of Document No. 2012-567, an Assignment of Revocable License (Coffee Shop in Courthouse) 10. Signature of a Letter Accepting the Resignation of Patricia von Riedl from the Behavioral Health Advisory Board, and Thanking her for her Service 11. Signature of a Letter Reappointing Stevan Rounds to the Newberry Estates Special Road District Board, through December 31, 2015 12. Signature of a Letter Reappointing Clayton Higuchi to the Deschutes County Budget Committee, through December 31, 2015 13. Signature of a Letter Reappointing Marc Henegar to the Redmond Airport Commission, through December 31, 2016 14. Approval of Minutes: Board Meeting of November 19, 2012 Work Sessions of October 31 and November 19, 2012 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 15. CONSIDERATION of Signature of a Letter Reappointing Clayton Higuchi to the 9-1-1 County Service District Budget Committee, through December 31, 2015 16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District Board of Commissioners' Business Meeting Agenda Monday, December 3, 2012 Page 2 of 7 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 17. Signature of Document No 201.2-575, Amending an Intergovernmental Agreement between the Sunriver Police Department and Sheriff s Office regarding Use of the Sheriff s Communication System CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 18. CONSIDERATION of Signature of a Letter Reappointing Clayton Higuchi to the Bend Library County Service District Budget Committee, through June 30, 2015 CONVENE AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT DISTRICT 19. CONSIDERATION of Signature of a Letter Reappointing Clayton Higuchi to the Rural Law Enforcement District Budget Committee, through December 31, 2015 CONVENE AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT 20. CONSIDERATION of Signature of a Letter Reappointing Clayton Higuchi to the Countywide Law Enforcement District Budget Committee, through December 31, 2015 CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 21. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 22. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County Board of Commissioners' Business Meeting Agenda Monday, December 3, 2012 Page 3 of 7 23. ADDITIONS TO THE AGENDA PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. FUTURE MEETINGS: (Please note: Meeting dates and times care subject to change. All meetings take place in the Board of' Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Monday, December 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, December 4 8:00 a.m. Annual Meeting with Sunriver Service District Board, at Sunriver Resort Wednesday, December 5 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, December 6 12:00 noon Commission on Families & Children Board Meeting, and Judge Michael Sullivan Recognition - Mike Maier Building Wednesday, December 12 11:00 a.m. Oregon Youth Challenge Graduation Ceremony - Fairgrounds 2:00 p.m. Administrative Work Session - could include executive session(s) - NOTE LATER TIME Thursday, December 13 12:00 noon Audit Committee Meeting Board of Commissioners' Business Meeting Agenda Monday, December 3, 2012 Page 4 of 7 Monday, December 17 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, December 25 Most County offices will be closed to observe Christmas Day. Tuesday, January 1 Most County offices will be closed to observe New Year's Day Wednesday, January 2 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, January 8:00 a.m. Joint Meeting with Sisters City Council, Sisters City Hall Monday, January 7 8:30 a.m. Swearing In Ceremony - Elected Officials - Courthouse 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, January 9 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, January 10 7:00 a.m. Joint Meeting with Redmond City Council, Redmond City Hall Board of Commissioners' Business Meeting Agenda Monday, December 3, 2012 Page 5 of 7 Monday, January 21 Most County offices will be closed to observe Martin Luther King, Jr. Day Wednesday, January 23, 2013 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, January 30 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, February 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, February 6 10:00 a.m. Board of Commissioners' Business Meeting 1.30 p.m. Administrative Work Session - could include executive session(s) Monday, February 18 Most County offices will be closed to observe Presidents' Day Wednesday, February 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, December 3, 2012 Page 6of7 Monday, February 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesda Februa 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, March 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating; to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. Board of Commissioners' Business Meeting Agenda Monday, December 3, 2012 Page 7 of 7 JaIMS o~tr" a BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest / n U;{ ~ WJ C ttvc(0) Date 3 Name o ~ O'r.Sv Address I'zd 1 N LIT LI o _ f3) v of _ 5 L_1.e qP0 Phone #s 50 3 1-11 q - -25-z ) E-mail address _Jr~ DY .A V 0 V-50 h D V S 4 A In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? kKes No w z BOARD OF COM IISSIONERS' MEETING ~ c REQUEST TO SPEAK Agenda Item of Interest S;~14 s C-4ss Date / L 3 Name Address Phone #s E-mail address r' I] In Favor F-1 Neutral/Undecided 11 Opposed Submitting written documents as part of testimony? ~ Yes ❑ No ~°~`®rk, RD OF COMMISSIONERS' MEETING BOA REQUEST TO SPEAK Agenda Item of Interest QS L- N U Date I Z - 3 Name f \A&7M VU L (S i G Nc L~ Address I Z 5 0 IN Phone #s i4 E-mail address C U N i~-ti_L r/Vvu & Act- ; CUB ❑ In Favor Neutral Undecided ❑ Opposed Submitting written documents as part of testimony? ❑ Yes ❑ No ~VE A z BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Name ter'„ Date Address Pv k, Z kk Phone #s (~~-1 I k - 2 E-mail address cc ❑ In Favor D//Neutral/Undecided Submitting written documents as part of testimony? ❑ Yes ❑ Opposed D-1 o y a { BOARD OF COMMISSIONERS' MEETING RE UEST TO SPEAK Agenda Item of Interest - Date Name _ - rz-- - Address C ~4 a.~ l z-- l Z U~ C) lam. °t -1 ^l. n 1 Phone #s S JO ~ a E-mail address Z-- z In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes F-] No U'r -r s ft w ti~ BOARD OF COMMISSIONERS' MEETING Cdr rvr ► 6 REQUEST TO SPEAK Agenda Item of Interest 7/Z - Z Date Name 00 0 6- i~, LP-- Address ~ 5 L~' Phone #s E-mail address 4 In Favor F-1 Neutral/Undecided Submitting written documents as part of testimony? ~ Yes 0 Opposed No Agenda Item of Interest Date Name Address Phone #s BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK E-mail address In Favor Neutral/Undecided 11 Opposed Submitting written documents as part of testimony? Yes No t J T- ro Re-Opened y' M k Y PUBLIC HEARING z'' .Ia;fw, I Ik Plan Amendment &~xTM Zone Change File No. PA-11-7, ZC-11-2 Board of County Commissioners December 3, 2012 z +7 TMV, PA-11-7 I ZG-11-2 Staff Report • Brief Background • Proposal • Property • Key Issue: Soil Classifications • BOCC Options Questions Document Reproduces Poorly (Archived) 12/3/2012 1 12/3/2012 Background , ~•m Department of State Lands submitted applications for a Plan Amendment/Zone Change on October 31, 2011 Hearings held Feb. 21 and March 20, 2012 _ Hearings Officer's decision/recommendation mailed out July 10, 2012 xk€( Deschutes County Code 22.28.030 requires automatic de novo n a hearing for PA/ZC's involving agricultural lands r BOCC public hearing on Sept. 24, 2012 } Written record closed on Oct. 10, 2012 Applicant's rebuttal closed on Oct. 26, 2012 - new information submitted ^ ;$•x` r BOCC decided to re-open public hearing on soils classification issue y on Nov. 5, 2012 rr' BOCC approved Order 2012-038 on Nov. 19, 2012 to re-open public hearing limited to soils classification issue i..d ~q Dec. 3: BOCC re-open limited public hearing ~ rr o1. 3End w Applicant's Proposal ~d r ` Plan Amendment to amend the comprehensive plan designation for 380 acres from agricultural land to rural residential exception area. 7 {r Zone Change to rezone the property from ` Exclusive Farm Use (EFU-TRB) to Multiple Use Agricultural 2 12/3/2012 f~rr T' Ir r LOCATION SIZE cif ZONING Property 18-12, Tax Lots 1700, 1800 Parent parcel: 640 acres Plan Amendment/Rezone: 380 acres Exclusive Farm Use (EFU) • No water rights and no farm use • Undeveloped, except for natural gas pipeline • 12 acres of the DSL property is already inside the Bend city limits ,i, I ! r Legend r s'ub~ p~ L ~J „ Area nfrecWld by Zara Charge ~JL Bend QV Uo* i r gyro ~ 'p. till 7" 3 ~1 2 Hearings Officer's Decision Decision recommended approval of the Plan Amendment/Zone Change F. .;`..fem. r ( ~r L k` 1~j 1 µ ,IrU i Key Findings 380 acres does not constitute agricultural land. More than 50% of the property is Class 7 and 8 soils. Property is not suitable for farm use either by itself or combined with adjacent properties. • Because it is not agricultural land, a Goal Exception to Statewide Planning Goal 3, Agricultural Lands is not required, as specified in the Wetherell LUBA decision. ,i ! 1, • The recently adopted Comprehensive Plan is applicable to the proposal, based on the Setniker v. Polk County Court of Appeals decision. The Hearings Officer found that the proposal is consistent with the new plan. 12/3/2012 4 I 'W Key Issue: Soils Classification How to determine / interpret soils classification (soil complexes)? "T r ❑ Proportional (weighted condition) i T ❑ Winner-Take-AII (dominant) F~ 1 a Soil Types base d on NRCS Data 30A Class 6 (100%) 2.06 acres L.56% of property ~RC~ titi s' qq~( $1q {50% c;a(25 p `'wtUn gown (55]~ijtir 153.13 acres 42% of property a A.,❑.. 38B Class 6 (50%) 157C Class 7 (35%) Class 6 (65%) Unknown (159'x) Class 8 (20%) „ 203.83 acres unknown (15%) I 56% of property 3.98 acres i 1.1% of property L 12/3/2012 5 Analy sis 1: Proportional 386 203.83 acres 56% of property IA j TOTALS 100% 203.83 i Analysis 1: Proportional I SBG 153.13 acres 42%of property SOIL COMPLEX 366 Percentage of Soil Complex Acres Class 6 SO% 101.91 Class 7 35% 71.34 Class $ 0% 0 Unknown/Mixed 15% 30.58 SOIL COMPLEX 56C Percentage of Soil Complex Acres Class 6 20% 30.62 Class 7 50% 76.56 CI855 8 25% 38.28 Unknown/Mixed 5% 7.67 70tAL5 100% 153.13 12/3/2012 6 t 12/3/2012 Analysis 1: Proportional HL COMPLEX 157C Percentage of Soil Complex Ages 65% 2.58 0% o 20% .79 15% 0.61 100% 3,98 Bend S 1 Analysis 1: Proportional SOIL COMPLEX, ACRES & AGRICULTURAL & NON-AGRICULTURAL LAND DESIGNATIONS Agricultural Land- Non-Agricultural Land Unknown/Mixed Class n 5.0 Acres Soil Complex (P t Class 7 Soil Acres Class 8 Soil Contrasting Acres Inclusions Acres - Total Soil Type ercen age( (Percentage) (Percentage) (percentage) Acres 36A 2.0e (100%) 2.06 388 101.91 (5U'6) 71.34(3S%) 30.58 (15%) 203.83 58C 3U. -2 (20%) 76.56(50%) 38.28 (ZS%) 7.67 (5%) 153.13 157C 2.58`(65 .79(20%) 0.61(15%) 3.98 TOTALS 13717 (37.8°,6) 147.9 39-077(10.88%) 38.86 (10.7%) 363 (100%) 7 percentage of soil complex Acres majority Analysis 2: Class 6 so° loi 4l ,M Class 7 35% Winner-Take-All SOIL COMPLEX SGC Majority Wl TypeS - L Percentage of Soil Complex ptres Majority Soil No. Soil Type Acres Majority Soil Typc pans 6 20'ri 30'62 36A 2.06 acres CF,ss 6 Class 7 W% 76.56 38B 203.83 acres - - Class 6 Class 8 25% 38.28 Unknown/Mixed 5% 7.67 58C 153.13 acres Class 7 TOTALS 100% 153.13 157C 3.98 acres Class 6 SOIL COMPLEX 157C Majority Percentage of soil Acres Complex ON. 6 65% 2.s8 CIa6s7 0°6 0 Gass 8 20% •79 Unknown/Mixed 15% 0.61 TOTALS 100% 3.98 SOIL COMPLEX 368 Class 8 0% 0 Unknown/Mixed 15% 30.58 TOTALS 100% 203.83 12/3/2012 12/3/2012 A. .Bend ~ S { r [ 1 P ' r Conclusion 2: Winner-Take -All ANALYSIS / FINDINGS Majority Soil Acreage of Combined Soil Type Total Percent of 36.3 Soil Types Areas Areas Acres Class 6 (2g) 36A, 36d, 157C 209.87 58% Class 7 (non-ag) 58C 153.13 42% Class 8 None 0% Mixed/Unknown None 0% Board Options / Following oral testimony at today's public hearing, the Board may: 1. Continue the public hearing to a date & time certain (oral & written records). 2. Close the oral record & keep the written record open to a date certain, and conduct deliberations at a subsequent meeting. 3. Close the oral and written records, and ?x begin/conduct deliberations today or at a subsequent meeting. 9 12/3/2012 p ~ oil QUESTIONS? n ~ • ~ . f ~ 4'w., 1f .f ~ TF° Q ~ I ry(j y4 ~ ~ 1R~r~ Z 'VOL d { ~ kN4 ~ . al3 PA-11.7 ! ZC 11 2 Lp~M 10 Dcjcumen4B3Produces Poorly A rchived) 44,13135" 44 0'37" -Upper Deschutes River Area, Oregon, Parts of Deschutes, Jefferson, and Klamath Counties Landscape Overview, Steven Rd Tract - TI 8S, R1 2E, Sec 11, .9~,Oz5q ly_ N 41- Xvl,~ N K• -tom - xc ? a it i 3 5fa``'~ s ~ rt 1 a F:PM 1 , Al ~7 4t1 444 y, P 16 [ ^ 9 F 4 i~v q ~~k 1tly, 1 ~ J 0 ~s:~ascn ~ ~:r. n^ aanann sal Map Sc2le: 1:28,300 if printed on A size (8.5" x 11 sheet. N Meters n 0 250 500 1,000 1,500 /J\v Feet 0 1,000 2.000 4,ODD 6.000 Natural Resources Web Soil Survey i~ Conservation Service National Cooperative Soil Survey 12/1 /2012 Page 1 of 4 44 3' 33" 4a" 0' 34" w N O U E Y m ~ r U m O 5W L N_ N m . U) ~ ~ m N r r ~ U a m =r ma m~ O y m y Q N v O ~ y L n m m ~ N Oa c v m n J U N J U v D a O U N N w Z p n O O E v O m N N d % i s ry > > U O N O 2 L m U N 'O W y O C D! E W N fn j O = U OE 0 Y ~ O U O N L N Z U N O x N N L C T W U Q m ~2 r 5 7 F v d j m p NZO G] Q Z v°1O > C N V L Ely O Q N O E U Z O ~ o N L 3 m ~ ~ y Q U d O <2 ~ li Q c O N a m N j L m Q m O N D p O C o y; O 3 N M1 1 L _ E A m O N o.N E O x Y C n y a W m Z C d ~ ~ L Si . C ~ y~ N m m aO N N d ° $ E > > v v m ° 3 y nL m Q N N J A N a C> N L.. W C N C n Lm. m H rn v m E o a N N C OC 2 T N>fq N N a N O Q>~p N O JO V LC6a y 3 N T E 0 2 - _ j C 'O O I/1 d N N N 2 N N w. O U ~p J O m N O 6 N N y G J t T N D n 'C v y n N n M N N m m V o a o 6 j m (/l U N - 2 O O. O m E m E E F aE 0 m°Oin o FBEo m n v m Z W a`r j q V U U ry q U U O 0 U R C U o ° W J < ° m w E - a n n n m ° n n °m n ° a n m a Q. m ~ Q o b m m m L U U m U m m m U U U m U U 2 W DDD ❑El DD D L m 'o o N 1 Q N N Q O O ~ N m N O r ~ N 2 3 O ~ O 2 N O O N 0 m N° w o U 0 2 U m 2 u w N 7 C w ~ m my ~ m r C m O 2U ^_7 Y r Nonirrigated Capability Clas"pper Deschutes River Area, Oregon, Parts of Deschutes, Jefferson, and Klamath Counties Nonirrigated Capability Class LCC Landscape Overview: Steven Rd Tract - T18S, R12E, Sec 11 Nonirrigated Capability Class- Summary by Map Unit- Upper Deschutes River Area, Oregon, carts or uescnu-, Jefferson, and Klamath Counties (OR620) Map unit symbol Map unit name Rating Acres in AOI Percent of AOI. 27A Clovkamp loamy sand, 0 to 3 percent 6 882 2.6% 2gA slopes Clovkamp loamy sand, bedrock 0 to 3 percent slopes substratum 6 28.5 08% , sp loamy sand, 0 to 3 percent De 8 5342 15-7% slopes 6g skamp loamy sand, 3 to 8 percent D slopes 6 8.1 0.2No I 24 6 % 3gg mp-Gosney plex, 0 to 8 ska 6 837.9 . percent slopes 5C osney-Rock outcrop-Deskamp .7 906.1 26.6°° 165A complex, 0 to 15 percent slopes Houstake sandy loam, 0 to 3 percent 6 11 9 0.3% slopes _ Wanoga sandy loam, 0 to 15 percent ,,6 I C 2637 77°h slopes C _ Wanoga-Fremkle-Rock outcrop r157 729.9 21.4° - complex, 0 to 15 percent slopes ~Is for Area of Interest - - . 3,408.5 _ 100.0°k Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey Page 3 of 4 b;o L abed Aon nS 110S angeJadoop IeuogeN aowaS uogeruasuop omp SaunS I!0S qaM saamosay I~nWN j Z LOZ/6Zl U ow OOt I 001 05E 0 aaj f1 ON 0aZ On OS 0 N _ vala ry4ra ;aa45 L11 x,c'61 a_IS a uo pMl.Id P. 0010 L L aleaa d%IJ Zl,t so ~az z.ll pppa;J ElZ a0CGt9 cue~ea - s a aJ~P Tir ~ flak ~a ^m »n l _ ^n. e f g^ " s t ffi~. a « x ~ A1M. 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O C N i N Lb. - m Q O (p b d N o a 5-E o s 3 c o 3 o z E o~ 6 E m y lL. 17 N N V P O N tl N rE 6 b G p n a~ C' O V1 N O f ❑ ~e o 0 n ? c E a~oa~i r a°c~ m s'°mE d ° wv a~ w a an d ER m7 a`~t w Q v m w w m f0 J N n w y C E (D C) m O m 7 b O N O f0 E E •L T N mow-. m N b b 4 2 p d rn w d' m O -o s a w j w w C N b- w m N C1 m 0 w - 5 o m a T U) -0 Q y ro m 0° n~ ui a Ul m N 7, ~ cn a u o u a o m U; E c m m p= m ~ Z~ Q m 0 -o T o cn y me E w N N aa~ N m o a m a roN8N cum Sao N> -m~ ~ m~mE m m C m N N H S su E n a E (A U F Q cA © h~ ° .t:: o _ m a 'm Z m m m m m m m m m °e 'n W y U U U U U U U U p V c r ~ ~ 2 r . . a Q d• W W a ro ro-0 M ro ° J ro - ra- n n n a an d 'o N m m m ro m m m m o a W .,f U, 0) U U U U U U U U 2 a ~ r o❑❑❑❑❑❑❑ Q U) N V O N N rn 0. A N b v o l~ b N .n b U C n m z d w i !n O y7 O ttl m m ~ w 0 m O z ca ' Nonirrigated Capability Class-Upper Deschutes River Area, Oregon, Parts of Deschutes, Jefferson, and Klamath Counties Nonirrigated Capability Class Stevens Rd Tract: T1 8S, R1 2E, Sec 11 Nonirrigated Capability Class- Summary by Map Unit - Upper Deschutes River Area, Oregon, Parts of Deschutes. Jefferson, and Klamath Counties (OR620) Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 36A Deskamp loamy sand, 0 to 3 6 10 0.8% percent slopes 38B Deskamp-Gosney complex, 0 to 6 213.0 55.9% 8 percent slopes . 58C . , _ - Gosney-Rock outcrop-- 7 1 6. 0 0 42.0% % Deskamp complex, 0 to 15 percent slopes 157C Wanoga-Fremkie-Rock outcrop 6 5.2 1.4% complex, 0 to 15 percent slopes Totals for Area of Interest 381.2 100.0% t U..% Natural Resources Web Soil Survey 11/29/2012 .rr-M Conservation Service National Cooperative Soil Survey Page 3 of 4 N o ' a-J • O rl 4-J 16 u O QJ C (,O E oL .N O 5 E = V) U O O a--+ L rl O a O CU = c n O 0 Q c6 co co + , .i cra N N = -0 ro - O QJ E vi 1 . ~ - E ~ U U N C crf E s O p h A U ~ 0 .O cn C: C: Q~ Ln N v C N O t lf CU :3 C 4 J 0 C: cn - Ln Q1 1--' E O O w co O L 0- cn 00 -a O ~D Q Q Q~1 N Q~ 4-+ E bQ CL u O L2 ' c c ~ ~ v c O c OV O4cvi~ `n E W rn v 0. 0a.i ~ C3 N p ca vt r-I W 4..) -0 No Qj 42 v p CL E v O v V) E +-1 61 0 cu = Ln E U --j u O LO dJ Q C 00 CL N - N 4~-- U 0 Q O 00 o E u O E ~ U~:N~ Qj v c Z O ON v Q) -+ucn O+ u~ W r 1 Q1 U 'oa ~ m ]C w r` u Em m u L~aAU Ln o . m v o 'le a u C: i cCt o ° o.00 0 01 v O p V 0 i v4-P O u 1 ~CL o~ _ o o a o (D a =3 ° ca c c E u o L QU = -0 4-1 4- U O W O` Q) C Ln Z) © 7 (V N E O C U m 0 0 O QJ w boo co m c.7 4-j ow U v Q 00 H fa ~J w co U .C ~ .C 'O O C2. 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EV mM vOM0 EE-a = V J O CL v s Z -c U N O II E C O m Ri •v- O O° E -0 E o N =s rl N e V m= -0 Q) 0us o , o t -01 Z =-a 4-P a 0 4-0 -C 0 . ~ 0 C p C 4", Q i O t0 c O-0 00 (6 -C L E O aao L. 4-J o o V 0 ~ cn U U a_+ _0 O C: U N (D to r-I w Q E V (.0 N • a 0 0 0 a~ z O a O O _0 N O E E a m E E au aJ r6 ..C E c/'f (Lf O O ~ L C: cn L O U N O 2 O ..C 4-J O Ln O ~O O U = J U E U E Jc: a) L .0 ~ o ~ 5 > in E ca w tvp M O a a 2t L 4-1 a) cn Q~ • p u U U U J CU a 4-j A .S •U) N ~ C ~ O r-I a~ o O Ln a) 00 O pC O to 0 Sage West, LLC Roger Bodne, CPSS, CPSC, PWS Soils, Wetlands, Wildlife Habitat December 2, 2012 Deschutes County Commissioners 1300 NW Wall Street, Z"d Floor Bend, OR 97701 Dear Commissioners: I am the person who completed the detailed Order 1 Soils Assessment for the Stevens Road Tract "Section 11" for Oregon Department of State Lands that was submitted to Deschutes County on October 27, 2011. To my understanding the key question before the BOCC is to determine the method to interpret the soils information regarding soils classification. The purpose of my testimony is to address the issue of soil interpretations for soil surveys. It appears you are tasked with trying to understand how to interpret the soil survey and land capability classification with two methods being presented to you, the "weighted average" or the "dominant condition". This may appear to be a simple question; however two different answers are presented with each having significant impacts. I would like to start with some basic information, will keep it brief, and express a willingness to answer questions and provide additional information or clarification at a later date. 1. Deschutes County Soil Survey was completed and published in 1992. The MOU defined the purpose, level of detail or scale of mapping (1:24,000) and levels of intensity. There are three sections of the survey: Soil Descriptions, Soil Maps, and Soil Interpretations. 2. The Soil Survey has been digitized and is referred to as the Web Soil Survey (WSS). This electronic copy is considered the most current and accurate source for soils information. 3. NRCS conducts mapping by studying landscapes, associated landforms, and soils associated with those landforms. This understanding is sufficient to predict the kinds of soils in an area and to determine its boundaries and map unit composition using field observations, transects, and remote sensing. Map unit composition is an average that has been observed throughout the extent of the soil survey. Map unit components, including contrasting inclusions, generally occur in a predictable pattern. 4. In Oregon, land use issues are primarily based on tax lot(s) or an area of interest, not landscapes. 5. The information you received for Section 11 in Tables 1-4 is from the WSS and based on two tax lots totaling 380 acres. Table 1-2 are based on the percentages of the map unit components. Tables 3-4 are based on the dominant component of a map unit. 6. What you have not been provided from the WSS is a Warning Statement provided at the time of delineating the tax lots. It states: Warning: Soil Map may not be valid at this scale. You have zoomed in beyond the scale at which the soil map for this area is intended to be used. Mopping of soils is done at a particular scale. The soil surveys that comprise your AOI were mapped at 1:24K. The design of map units and the level of detail shown in the resulting soil map are dependent on that map scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Table Z count method uses map unit composition that was mapped at the landscape level. Table 4 (alternativ_e) uses a method that recognizes the map units limitations, risk of damage and the way it will respond to management (LCC) that was mapped at the landscape level. 64770 Melinda Court rborineObendbroadband.com Bend, OR 97701 (541) 610-2457 -A Sage West, LLC Soils, Wetlands, Wildlife Habitat Roger Sorine, CPSS, CPSQ, PINS 7. The 58C and 38B map units extend on the landscape outside the Section 11 site (Appendix A). The 58C unit is 837 acres on the landscape and 33.77 acres (4%) in "Section 11"; similarly, the 38B unit is 3,500+ acres on the landscape and 56.12 acres (<2%) in "Section 11". "Section 11" is presented at a scale of 1:10K, whereas the soil survey was mapped at 1:24K. You would expect to find the approximate percentages of soils as described in the WSS map unit descriptions at the 1:24K scale. To dissect a small portion (tax lot) from the landscape map unit and expect to find each component equally represented is very unlikely and will result in inaccurate data. Both systems presented to you at the 1:10K scale are based on the 1:24K landscape level mapping and data. As noted in the warning statement the 1:10K map may not be valid (Appendix B). Please note on the landscape level map 1:24K (Appendix A, page 2) the warning statement is absent. NRCS policy states: GM 430 Part 402.6, 11/1992 - Limitations on Use of Soil Survey Information a. Soil surveys seldom contain detailed site specific information and are not designed to be used as primary regulatory tools in permitting or citing decisions, but may be used as reference sources. The soil survey information is public information and moy be interpreted by organizations agencies, units of governments or others based on their own needs however the are res onsible or the a ro riate application o soil survey information. Federal, state or local regulatory bodies are not to reassign to the NRCS any authority for the decisions that they make. The NRCS will not perform any evaluations of soil maps contained in published soil survey or any supplemental soil mapping for purposes related solely to state or local regulatory programs. NRCS maps soils at the landscape level. Land use issues in Oregon are addressed by tax lot(s) or areas of interest. Consequently, NRCS soil maps may be perfectly correct at the landscape level while a tax lot may be, in part or entirely, a single map unit component or a contrasting inclusion. From the WSS you can glean information to support the "weighted average" methodology as well as the "Dominant condition" methodology, depending upon your land management purpose. The "weighted average" will give you a more accurate determination of the content of the mapping unit, and the "dominant condition" will give you the most reasonable method to manage the land under the original purposes of the LCC system at the scale of mapping. In summary, the soil survey is accurate at the scale of mapping and this is not a challenge to that fact. However, to fully document the soils in the tax lot(s) or area of interest, a more detailed survey is prudent. DSL's Soils Investi ation for Stevens Road Tract (Section 11), dated 7/26/2011 was submitted to Deschutes County on 10/27/2011. During this interim period DLCD adopted Rules for HB 3647 on 10/1/2011. This report is sound and scientifically based and consistent with DLCD report requirements, other than minor format and content adjustments. This detailed Order 1 soils investigation's final analysis and results determined this 380 acre Stevens Rd Tract is approximately 56% LCC 718 non-agricultural land and 44% LCC 6 agricultural lands. Regards, 64770 Melinda Court rborine bendbroadband.com Bend, OR 97701 (541) 610-2457 44° 2' 20" ,W 2.21" 44° 1' 13" _ Map Scale 1.10,000 if printed on A size (8.5" x 11') sheet N Meters A D 50 100 200 300 Feet 0 350 700 1,400 2.100 Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey b b 44° 1' 12" v 9/25/2012 Page 1 of 4 ATTACHMENT 1 Nonirrigated Capability Class--Upper Deschutes River Area, Oregon, Parts of Deschutes, Jefferson, and Klamath Counties d m o o O1 O Q d'~'N E W m Z m K w H N m b m m > d . W d d.° 3 c m ' U c m ° U ' C W = m C T 0. -W U Z W m O c D v a O C_ d c`o.E ^ a y U O W y fn ] t O _ V d - n w u w v ° c b O d U ¢l 'N W E Z x m E v C U m m 'n W N m ` m c U tq v N Sl O d d b - gy w mn~`ma t 2i.~ O Qb~ ~ 5« H m' Em o Z~ Z am 3 " E n ?c c N O d ad E W 6° E U:=Z ° D N Of b Q W m L b o 0 o d¢c 0 O Q 0 m m66 W m ~3 c i .5 ~m6 o Wv a'S LL 'd d d m o o N E o v mm t En mn Z d E b n n am our d v E° L 2 m ~Ye N madT W EE o O C ° W 7 a ° ° nom m ~atE a ° = T v a°~a S v. ~ « m u ~ > 3 N.O W Q U m W 0 y L d° N O O y E 6'r n d ° W> n ~ ZOE c i°m rn ° W n s m E o a°m °c _ ° y g ovta ui C aZ r m m D m O T O 2 O C W~ J V O d O IA ~ j Q T W L C O. d ry w (n m N f7 C m 2 ' 6 W fA c E'°c E« m ' O.C yy Ufa 22 6 d s ~L d N a m 6 O c b mN ~'m , n mm b> U -mZ °1 6 W d EmE m g y L F m 3 C._ W'~ wEnm d d aE O d O OHO L d t-. O d 7 Viom W o L ht4Eo _ - d a m ~ ~ m m 3 Z m b N N N m N m N W b b A m N W a W c L m U P W c ~ U v v U ~ U v v v .E m m o m _ v r r T v v r m J a Y Q O N m m W C U U m m V U m W m U U m U U O Z m j J U d m J m u K O. ~ !O C m N ~ O O d' cD 2 J Q C R LL m q L ® O { 9 \ m ❑ p O R } y ~ j i l S a ° m n i ~ o ° N N .d d N 0 W a T d 2 O Z N ~ j V1 r W N d n a o d ° ° ° m z u mt ~ N ~ c a C w . Z ~ m ~ m c m ° 2U A Nonimgated Capability Class-Upper Deschutes River Area, Oregon, Parts of Deschutes, Jefferson, and Klamath Counties Nonirrigated Capability Class Nonirrigated Capability Close- Summary by Map Unk Upper Deschutes River Area, Oregon, Parts of Deschutes, Jefferson, and Klamath Counties (OR620) Map unhsymbol Map unit name Rating Acres in -AD' Percent of AOI 36A Deskamp loamy sand, 0 to 3 6 2.9 o.8% percent slopes 38B 'Deskamp-Gosney complex, 0 to 6 215.6 56.1% 8 perce F slops 15 it 58C _ Gos e -Rock T- _ IIIh Y outcrop- percent 160. 8 41.9%, Deskam cam lex, 0 to slopes 157C Wanoga-Fremkle-Rock outcrop 6 5.0 1.3% 1 complex, 0 to 15 percent slopes Totals for Area of Interest 384.2 100.0-1. Natural Resources Web Sod Survey 9/25/2012 Conservation Service National Cooperative Soil Survey Page 3 of 2 c O - N . 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M Ln 4-J n Q I I p O V) U i c O 0 Q Q c6 0 0 cu i go N ~ N N 0 N 4-J U co p CU N L U L o fC U co N m n U C N O C X0 N O m 5 C U O N N O (A (1) N v U u o X co 0Yx Lr) a 0 00 Ln N J a- ~ L Q U O L J ~ CL 4- CL O U o CL i C ° o 4-J 4-J 4-J O > O v W m V) Q 4 J J - Q~ ° 4- • O ~ V) U b 4-J O a j h bD co Q c • - Q N 4-j Q E E E (1) f co 4-J L ) / (1) (D LU cu LU C: S 0 0 I Document Reproduces (Archived) soil- 7Y "C RcRES 3~ A 3.zR 157C Y6 C 3 8 4.oi S 9.51 zD 9.76 37 Plo S®iU G~gss 0.9 I.b6 q z 4 , -7 ~s 65.1 O (5°'$) -7 _ 21.0 17.857- a S.,57u CLR55 6 IoS-Zb AC CLO O~ 5 -f71.z5(o '7t% 268.3 AC )A United States In cooperation with Department of United States Department Agriculture of Agriculture, Forest Service; United States 3M Natural Department of the Interior, Resources Bureau of Land Conservation Management; and Oregon Service Agricultural Experiment Station rent Reproduces poorly (Archived) L-- Soil Survey of Upper Deschutes River Area, Oregon, including parts of Deschutes, Jefferson, and Klamath Counties Upper Deschutes River Area, Oregon crop; effective use of crop residue, barnyard manure, and green manure crops; and harvesting that ensures the smallest possible loss. For yields of irrigated crops, it is assumed that the irrigation system is adapted to the soils and to the crops grown, that good-quality irrigation water is uniformly applied as needed, and that tillage is kept to a minimum. The estimated yields reflect the productive capacity of each soil for each of the principal crops. Yields are likely to increase as new production technology is developed. The productivity of a given soil compared k with that of other soils, however, is not likely to change. Crops other than those shown in the table are grown in the survey area, but estimated yields are not listed because the acreage of such crops may be small. The local office of the Natural Resources Conservation Service or of the Cooperative Extension Service can provide information about the management and productivity of the soils for those crops. Land Capability Classification Land capability classification shows, in a general way, the suitability of soils for most kinds of field crops. Crops that require special management are excluded. The soils are grouped according to their limitations for field crops, the risk of damage if they are used for crops, and the way they respond to management. The criteria used in grouping the soils do not include major and generally expensive landforming that would change slope, depth, or other characteristics of the soils, nor do they include possible but unlikely major reclamation projects. Capability classification is not a substitute for interpretations designed to show suitability and limitations of groups of soils for rangeland, for woodland, and for engineering purposes. In the capability.system (24), soils are generally grouped at three levels-capability class, subclass, and unit. Only class and subclass are used in this survey. Capability classes, the broadest groups, are designated by numerals I through VIII. The numerals indicate progressively greater limitations and narrower choices for practical use. The classes are defined as follows: Class I soils have few limitations that restrict their use. Class II soils have moderate limitations that reduce the choice of plants or that require moderate conservation practices. Class III soils have severe limitations that reduce 187 the choice of plants or that require special conservation practices, or both. Class IV soils have very severe limitations that reduce the choice of plants or that require very careful management, or both. Class V soils are not likely to erode but have other limitations, impractical to remove, that limit their use. Class VI soils have severe limitations that make them generally unsuitable for cultivation. Class VII soils have very severe limitations that make them unsuitable for cultivation. Class VIII soils and miscellaneous areas have limitations that nearly preclude their use for commercial crop production. Capability subclasses are soil groups within one class. They are designated by adding a small letter, e, w, s, or c, to the class numeral, for example, Ile. The letter a shows that the main hazard is the risk of erosion unless close-growing plant cover is maintained; w shows that water in or on the soil interferes with plant growth or cultivation (in some soils the wetness can be partly corrected by artificial drainage); s shows that the soil is limited mainly because it is shallow, droughty, or stony; and c, used in only some parts of the United States, shows that the chief limitation is climate that is very cold or very dry. In class I there are no subclasses because the soils of this class have few limitations. Class V contains only the subclasses indicated by w, s, or c because the soils in class V are subject to little or no erosion. They have other limitations that restrict their use to pasture, rangeland, woodland, wildlife habitat, or recreation. The capability classification of each map unit in this survey area is given in table 5. Prime Farmland Prime farmland is one of several kinds of important farmland defined by the U.S. Department of Agriculture. It is of major importance in meeting the Nation's short- and long-range needs for food and fiber. Because the supply of high-quality farmland is limited, the U.S. Department of Agriculture recognizes that responsible levels of government, as well as individuals, should encourage and facilitate the wise use of our Nation's prime farmland. Prime farmland, as defined by the U.S. Department of Agriculture, is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is available for these uses. It could be cultivated land, pastureland, forest land, or other land, but it is not urban or built-up land or water areas. The soil qualities, Sage West, LLC Roger Borine, CPSS, CPSC, PWS Soils, Wetlands, Wildlife Habitat (541) 610-2457 July 26, 2011 Doug Parker ODSL 775 Summer St. NE, Suite 100 Salem, OR 97301 As requested, I have reviewed the Soils Investigation Report by Sage West, LLC of the Stevens Road Tract located in T18S, R12E, and Section 11 as it relates to the new "study area". The review was determined necessary as the boundary and size of the new "study area" differs from the original 622 acre study area that was reduced to 380 acres. The new area is primarily the west half of Section 11 that is west of the eastern boundary of the Gas Transmission Easement. Dan Antonson, GIS Analyst ODSL, digitized the mapping units from the soil map completed by Sage West, LLC dated June 2010 for the new study area. Data points, transect data and accuracy of soil boundary line placement was reviewed both in the office and field. Minor adjustments to soil boundaries were made to four polygons based on field observation and updated on the ODSL Stevens Road Tract Map dated 7/25/2011 (attached). Mapping unit descriptions and interpretations in the Sails Investigation Report, dated 7/6/2010, accurately describe conditions existing in the new study area. Survey map units and interpretations for the new study area in the Stevens Road Tract are: L Symbol Map Unit - Soil I II % J1 High Value I CC Area Ac % DGB Deskamp-Gosney complex, 0-5% Deskamp 50 No 6 168.6 44.4 Gosney 35 No 7 GRB Gosney-Rock outcrop complex, 0-8% Gosney 60 No 7 101.5 26.7 Rock outcrop 20 No 8 GRC ' Gosney-Rock outcrop complex, 8- Gosney 50 No 7 12.3 3.2 15% Rock outcrop 25 No 8 GTE Gas Transmission Easement 100 No 8 20.7 5.5 LF Landfill - 90 No 8 55.9 14.7 MFA Mined/Fill Area - 90 No 8 14.2 3.7 SR Stevens Road - 100 No 8 6.$ 1.8 The inventory and analysis of this 380 acre study area in the Stevens Road Tract determined that approximately 56% is Land Capability Class 7 and 8, and 44% is Land Capability Class 6. This study area in the Stevens Road Tract as defined in OAR 660-033- 0020 is predominantly non-agricultural land. Roger Borine Attached: Stevens Rd Tract Soils Map, 7/25/2011 64770 Melinda Court rborineAftndbroadband.com Bend, OR 97701 T18S R12E Section 11 Tax Lots 1700,1800 Deschutes Co, OR July 6, 2010 Soil Investigation or Stevens Road Tract T18S R12E Section 11 Tax Lots 1700 & 1800 Deschutes County, Oregon Contract: ORPIN #141-1113-10 DSL #10602-653 Prepared for_ Oregon Department of State Lands 775 Summer St. NE #100 Salem, OR 97301 Prepared b : Sage West, LLC 64770 Melinda Ct Bend, OR 97701 Sage West, LLC Roger Borine Bend, OR 1 rborine@bendbroadband.com (541) 610-2457 T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Table of Contents General Information Abstract Background Methodology Findings Conclusion References Qualifications Appendix 1,3 3 4 5 5 8 9 10 11 Location Map 12 Assessor's Tax Lot Map 13 NRCS Soils Map and Legend 14 Google Earth Satellite Imagery 2007 17 Oregon Explorer Aerial Photograph 2005 18 USGS Topographic Map 19 Geology Map 20 Revised Soil Map, Legend, and Mapping Unit Descriptions 21 Soil Data Plot Map and Plot Data Tables 24 2 Sage West, LLC rborine@bendbroadband.com Roger eorine (541) 610-2457 Bend, OR T185 R12E Section 11 Tax Lots 1700,1800 Deschutes Co, OR Contract: ORPIN #141-1113-10 DSL#10602-653 Owner: State of Oregon Department of State Lands 775 Summer St NE #100 Salem, OR 97301 Location: This parcel known as the Stevens Road Tract is located in Deschutes County, Oregon approximately 1 mile southeast of Bend in T18S, R12E, Section 11, and Tax Lots 1700 and 1800. This parcel is adjacent to and south of Stevens Road and east of SE 27th Street. It is approximately 622 acres and undeveloped areas are native vegetation. It is zoned Exclusive Farm Use (EFU). Report: Roger Borine, 64770 Melinda Ct, Bend, OR 97701 conducted the field work and prepared the report. Field work was conducted on April 22, 270 28, & June 8, 9, 15, 16, 2010. Roger Borine is an ARCPACS Certified Professional Soil Classifier #24918, Certified Professional Soil Scientist #24918, and a Professional Wetland Scientist #1707. Purpose: The purpose for this study was to conduct an inventory and assessment of the soil resource and specifically the extent of agricultural land as defined in Oregon Administrative Rules (OAR) 660-033 Agricultural Land for this 622 acre parcel. This report provides and documents more detailed data an soil classification and soil ratings than is contained in the USDA-NRCS soil maps and soil survey at the published level of detail. This more detailed soils data is directly related to the NRCS Land Capability Classification system (LCC) designation. Abstract: The purpose for this study was to determine the extent of agricultural land for planning purposes. The inventory and analysis of this 622 acre Stevens Road Tract in T18S, R12E, Section 11, Tax Lots 1700 and 1800 determined that approximately 71% (438 acres) was Land Capability Class 7 and 8 soils; and 29% (184 acres) Land Capability Class 6 soils. The Stevens Road Tract as defined in OAR 660-033-0020 is not predominantly Agricultural Land. Tax Lots LCC 7/8 LCC 6 (622 acres) Acres 9 Acres % 1700 & 1800 438 71 184 29 Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T185 R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Background: Geoloev: This study area consists of basalt lava flows. The lava flows near Bend issued from vents in Newberry Volcano and High Cascades volcanoes. These flows are among the youngest geologic surfaces in the central Oregon area having been laid down less than 2 million years ago. A mantle of volcanic ash was deposited during the eruption of Mt. Mazama over the basalt lava flows. Soils on these flows are ashy and sandy in texture. Varying amounts of volcanic ash have been eroded from rock outcroppings and redeposited in depressions. A deep depression in the southeast corner was filled with alluvial sediments of ashy material to form a large area of surficial deposits of ash, sand and gravel. Soils: Soils associated with these geologic formations and associated landforms are the Deskamp soil in depressions, Gosney soil on the slightly higher positions along the margins of the depressions and rock outcroppings and the Clovkamp soil on the surficial deposits. NRCS mapping shows six soil mapping units on this property, three consociations and three complexes. Consociations are a deep ashy soil (Clovkamp) and a moderately deep, ashy soil (Deskamp) over a lithic contact of basalt. The complexes are composed predominantly of moderately deep, ashy soils (Deskamp and Wanoga) and shallow, ashy soils (Gosney and Fremkle) over a lithic contact of basalt; and rock outcrop. Summarized in Table 1 are soil properties and interpretive groupings that are important for determining the presence and predominance of agricultural land on this tract. Table 1- Published data from Soil Survey of Upper Deschutes River Area, Oregon, with map unit acreages and percentages using an Order 2 and 3 soil survey. Symbol Map Unit Soil % High Value LCC Ac % 27A Clovkamp loamy sand, 0-3% Clovkamp 85 No 6 18.7 2.9 36A Deskamp loamy sand, 0-3% Deskamp 85 No 6 5.7 0.9 36B Deskamp loamy sand, 3-8% Deskamp 85 No 6 0.1 0.0 38B Deskamp-Gosney complex, 0-8% Deskamp 50 No 6 226.3 35.7 Gosney 35 No 7 58C Gosney-Rock outcrop-Deskamp Gosney 50 No 7 376.6 59.5 complex, 0-15% Rock outcrop 25 No 8 Deskamp 20 No 6 157C Wanoga-Fremkle-Rock outcrop Wanoga 35 No 6 6.1 1.0 complex, 0-15% Fremkle• 30 No 6 Rock outcrop 20 No 8 Note: The NRCS Web Soil Survey estimates size as 633 acres or 4% variance of actual size. The difference is due to using a large scale map for digitizing. Percentages are accurate. Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T185 R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Methodology: The Soil Survey of Upper Deschutes River Area, Oregon, including parts of Deschutes, Jefferson, and Klamath Counties was mapped at two levels of intensity. At the less detailed level (Order 3), map units are mainly complexes. The average size of delineations for most management purposes was 160 acres. At the more detailed level (Order 2), map units are mainly consociations and complexes. The average size of delineations for purposes of management was 40 acres and the minimum size was 5 acres. Most of the land mapped at the more detailed level is used as irrigated and non- irrigated cropland. Inclusions of contrasting soils or miscellaneous areas are described in the map unit if they are a significant component of the unit. The NRCS soil survey (Order 3) on this study area was reviewed on-site and determined to be predominantly accurate at the scale of mapping. The soil/landscape relationships were accurate. Soil boundary placements were general. At the Order 3 level of mapping, miscellaneous land types were not mapped or identified as inclusions. In addition, original placement of soil boundary lines by field soil scientists on aerial photos are often modified and straightened during the map digitizing process. An Order 1 soil survey is prudent to accurately define soils, mapping units, and miscellaneous areas and accurately locate their boundaries for detailed planning purposes. Methods to investigate the soil included the use of shovel, auger, probe and backhoe. Point observations and transects were used to identify soil characteristics and map unit composition. Findings: This parcel consists of developed and undeveloped areas. The Stevens Road Tract is not irrigated and has no water rights. For the purpose of this study the developed areas were separated into five distinct mapping units that are miscellaneous land types. They are referenced as Access Road, Gas Transmission Easement, Landfill, Mined/Fill Area, and Stevens Road. The landfill was mapped using existing conditions detailed in the Initial Site Assessment Report of the Former Deschutes County Landfill by PBS Environmental and Engineering, Bend, OR. The undeveloped areas were separated into four soil mapping units. They are referenced as Clovkamp loamy sand, 0-3% slopes, Deskamp-Gosney complex, 0-8% slopes, Gosney-Rock outcrop complex, 0-8% slopes and Gosney-Rock outcrop complex, 8-15% slopes. All areas occur within Section 11 and Tax Lots 1700 and 1800. Developed Land: Access Road AR : This miscellaneous land type is located on the eastern boundary of the tract. It provides a north/south access along an existing overhead power line. It is graded and graveled. Revised soil mapping accurately describes and locates this feature. (LCC 8) Gas Transmission Easement: (GTE); This miscellaneous land type is located in the central portion of the tract. The easement enters the tract in the northeast quarter and extends to the south central boundary. This area has been highly disturbed by excavations and fills during the installation of utilities. Revised soil mapping accurately describes and locates the extent of this easement. area. (LCC 8) Landfill LF : This miscellaneous land type is known as the former Arnold Landfill. Approximate extent of the former Arnold Landfill was digitized from aerial photographs obtained from the Department of State Lands. Revised soil mapping accurately describes the extent of this landfill. (LCC 8) Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T185 R12B Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Mined/Fill Area (MFAL These areas were excavated with soil material removed from the site. Material was used as fill and/or bedding for the gas transmission line. In addition, other disturbed areas have been filled with off-site material of mixed soil, gravel, stones and boulders. These areas are now considered "mined/filled land" and are miscellaneous land types. Revised soil mapping accurately locates the extent of these mined and filled areas. (LCC 8) Stevens Road (SR): This miscellaneous land type is located on the northern boundary of the tract. It enters at the northeastern corner and extends west along the northern boundary to the northwest quarter. It is an improved and paved county road. Revised soil mapping accurately describes this feature. (LCC 8) Undeveloped Land: This area includes lands that have not been significantly altered. Most areas are in native vegetation consisting of western juniper, bitterbrush, big sagebrush, rabbitbrush and Idaho fescue. A mantle of volcanic ash was deposited during the eruption of Mt. Mazama over the basalt lava flows. Soils on these flows are ashy and loamy sand in texture. Varying amounts of volcanic ash have been eroded from rock outcroppings and redeposited in depressions. Deskamp and Clovkamp soils are in these depressions and Gosney soils are in the slightly higher positions along the margins of the depressions and rock outcroppings. Revised soil mapping accurately delineates the following mapping units. Clovkam loam sand 0-3% slopes CA : Clovekamp soils are on lava plains and are volcanic ash over gravelly alluvium. Slopes are 0 to 3%. The surface layer is loamy sand over a strongly contrasting extremely gravelly sand textural stratification at 35 to 50 inches. (LCC 6) Deskamp-Gosney complex, 0-8% slopes (DGB): This mapping unit is on lava plains. Soils are volcanic ash over basalt. Slopes are 0 to 8%. The Deskamp and similar soils are 50 percent and Gosney and similar soils are 35 percent. The Deskamp soil is loamy sand and gravelly loamy sand, 20 to 40 inches deep over basalt. The Gosney soil is stony loamy sand, 10 to 20 inches deep over basalt. (LCC 6) Gos_n_ey-Rock outcrop complex, 0-8% slopes (GRB): This mapping unit is on lava plains. Soils are volcanic ash over basalt. Slopes are 0 to 8%. The Gosney and similar soils are 60 percent and rock outcrop is 20 percent. The Gosney soil is very stony loamy sand, 10 to 20 inches deep over basalt. (LCC 7) Gosne -Rock outcrop complex, 8-15% slopes GRC : This mapping unit is on lava plains. Soils are volcanic ash over basalt. Slopes are 8-15%. The Gosney and similar soils are 50 percent and rock outcrop is 25 percent. The Gosney soil is very stony loamy sand, 10 to 20 inches deep over basalt. (LCC 7) Revised Soil Mapping Unit Descriptions are in the Appendix. Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T18S R12E Section 11 Tax Lots 1.700, 1800 Deschutes Co, OR Sage West, LLC rborlne@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR Soil Map and Legend for the Stevens Road Tract: T18S R12E section 11 Tax Lots 1700,1800 Deschutes Co, OR Table 2--Order 1 Soil Survey Map Units and Interpretations. Symbol Map Unit Soil % ; High LCC Area value AC % . AR Access Road 100 No 8 9 2 CA Clovkamp loamy sand, 0-3% Clovkamp 85 No 6 14 2 DGB Deskamp-Gosney complex, 0-5% Deskamp 50 No 6 170 27 DGB Gosney 35 No 7 GRB Gosney-Rock outcrop complex, Gosney 60 No 7 229 37 GRB 0-8% Rock outcrop 20 No 8 GRC Gosney-Rock outcrop complex, Gosney 50 No 7 68 11 GRC 8-15% Rock outcrop 25 No 8 GTE Gas Transmission Easement 100 No 8 21 3 LF Landfill 90 No 8 56 9 MFA Mined/Fill Area - 90 No 8 45 7 SR Stevens Road - 100 No 8 10 2 Conclusion: The purpose for this study was to conduct an inventory and assessment of the soil resource and specifically the extent of agricultural land as defined in Oregon Administrative Rules (OAR) 660-033 Agricultural Land. The inventory and analysis of this 622 acre Stevens Road Tract in T18S, R12E, Section 11, Tax Lots 1700 and 1800 determined that approximately 71% (438 acres) was Land Capability Class 7 and 8 soils and 29% (184 acres) Land Capability Class 6 soils. The Stevens Road Tract as defined in OAR 660-033-0020 is not predominantly Agricultural Land. Tax Lots LCQ7/8 LCC 6 (622 acres) Acres % Acres % 1700 & 1800 438 71 184 29 Roger Borine CPSS, CPSC, PWS 64770 Melinda Ct Bend, OR 97701 Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T185 R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR References: 1. Soil Survey of the Upper Deschutes River Area Oregon, including parts of Deschutes, Jefferson, and Klamath Counties; USDA-NRCS; 1992. 2. Soil Survey Staff, Natural Resources Conservation Service, National Soil Survey Handbook Title 430-VI (Washington, D.C., U.S. Government Printing Office, November 1996). 3. Soil Survey Division Staff, Natural Resources Conservation Service, Soil Survey Manual, USDA Handbook No. 18, October 1993. 4. Oregon Administrative Rules, LCDC Division 33 Agricultural Land, 660-033. 5. Imagery used and available: NRCS Soil Survey Base Maps: Published B/W USGS Orthophoto 1976-1982 Web Soil Survey Digital Color 2005 Revised Soil Map: Google Earth Satellite Imagery 2007 Oregon Explorer: Color Aerial Photography 2005 6. Oregon Department of Geology and Mineral Industries: Oregon Digital Geology Compilation 7. USGS Topographic Map: Bend Airport Quad 8. Qualifications of Field Investigator and Report Preparer (see next page) 9 Sage West, LLC rborineCabendbroadband.com Roger Borine (541) 610-2457 Bend, OR T185 R12E Section 11 Tax Lots 1700,1800 Deschutes Co, OR Personal Qualifications Roger Borine 64770 Melinda Ct Bend, OR 97701 Contact: (541) 610-2457 rborine@bendbroadband.com Education: B.S., Soil Science; Oregon State University, Corvallis, Oregon (1973) Soil Science Institute; Iowa State University, Ames, Iowa (1984) Professional Career: • USDA-Natural Resources Conservation Service (NRCS), Oregon; Positions: State Habitat Biologist, State Wetland Specialist, Resource Soil Scientist, Soil Survey Project Leader, Soil Scientist • Environmental consulting for soil survey, soil interpretations, wetlands, and wildlife habitat Accomplishments: • Soil surveys for Josephine, Jackson, Klamath, Lake, and Sherman counties in Oregon, including private and public lands • Soil survey and soil interpretations on private lands throughout Oregon • Wetland delineations/determinations, training and quality assurance on private lands throughout Oregon for USDA-NRCS • Wetland restoration/enhancement and wildlife habitat conservation planning, training and quality assurance on private lands throughout Oregon for USDA- N RCS • Certified Master Planner for natural resource conservation • National trainer for "Hydric Soils" and "Remote Sensing-Aerial Photography" • National team member to regionalize the COE-Jurisdictional Manual for Delineating Wetlands (COE'87 Manual) • Consulting services for soils, wetlands and wildlife habitat throughout Oregon Certifications: Certified Professional Soil Scientist (CPSS #24918) Certified Professional Soil Classifier (CPSC #24918) "Professional Wetland Scientist (PWS #1707) 10 Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T185 R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Rpbn! Rd ' ~ : - vw,00 &Ml e `a ~ lV.vrrrrngyrartD r iYeQman F}d Ne Bulwr 10Ifket Fri Wire e. i I nls'b.c j" ocation_ Map ; Stevens Road Tract cab T18S RVESection 11 Deschutes County. OR $ 45, N R e fv4 ADrt1Ar d Ata A Neff but Sratf_,~ Behd , ez ~sr C7rc+fU?l& n lFte Q. Ca w pear Cr"k Pd a q Sw SS,inp Qn Ave tl cry 20 f!5 c!lb a te" i j 4 1~ f G° art' C N phy tad And Dub Rd ckaed E Ri d Buck Canyon Pd ~'G !es T J Amotd Market Ad ra . 0jb z. ti. 72 Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR 11 Appendix Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR b 1- 4ry"' l` Ad" I, 1r M lm "*m- ltea VObSod9rrmy &M0111 ;l" Cmwwmh4 S4Ym hAfionat Coppembye Soil S+rnmy Page 1 5L11 MapJpper DeapMec RwerAma, 0mggm Parts or €Aestttfer, :1mram. 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Sage West, LI_C rborine@bendbroadbarnd.corn Roger Borine (541) 610-2457 Bend, OR T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Revised Map Unit Descriptions T18S, R12E, Section 11 Stevens Tract CA-Clovkamp loamy sand, 0 to 3 percent slopes Composition: Clovkamp and similar soils: 90 percent Landform: Lava plains Parent material: Volcanic ash over gravelly alluvium Slope: 0 to 3 percent Depth to restrictive feature: 35 to 50 inches to strongly contrasting textural stratification Drainage class: Somewhat excessively drained Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water capacity: Low (about 4.4 inches) Land capability (nonirrigated): 6s Ecological site: PUMICE FLAT 10-12 PZ (R010XA0090R) Typical profile: 0 to 12 inches: Loamy sand 12 to 24 inches: Loamy sand 24 to 40 inches: Gravelly loamy fine sand 40 to 50 inches: Extremely gravelly sand DGB-Deskamp-Gosney complex, 0 to 8 percent slopes Composition Deskamp and similar soils: 50 percent Gosney and similar soils: 35 percent Description of Deskamp Landform: Lava plains Parent material: Volcanic ash over basalt Slope: 0 to 8 percent Depth to restrictive feature: 20 to 40 inches to lithic bedrock Drainage class: Somewhat excessively drained Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water capacity: Low (about 3.7 inches) Land capability (nonirrigated): 6e Ecological site: PUMICE FLAT 10-12 PZ (R010XA0090R) Sage West, LLC Roger Borine Bend, OR 22 Typical profile: 0 to 10 inches: Loamy sand 10 to 17 inches: Loamy sand 17 to 32 inches: Gravelly loamy sand 32 to 42 inches: Unweathered bedrock Description of Gosney Landform: Lava plains Parent material: Volcanic ash over basalt Slope: 0 to 8 percent Depth to restrictive feature: 10 to 20 inches to lithic bedrock Drainage class: Somewhat excessively drained Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water capacity: Very low (about 1.6 inches) Land capability (nonirrigated): 7e Ecological site: LAVA BLISTERS 10-12 PZ (ROlOXA0230R) Typical profile: 0 to 2 inches: Stony loamy sand 2 to 14 inches: Loamy sand 14 inches: Unweathered bedrock GRB-Gosney-Rock outcrop complex, 0 to 8 percent slopes Composition: Gosney and similar soils: 60 percent Rock outcrop: 20 percent Description of Gosney Landform: Lava plains Parent material: Volcanic ash over basalt Slope: 0 to 8 percent Depth to restrictive feature: 10 to 20 inches to lithic bedrock Drainage class: Somewhat excessively drained Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water capacity: Very low (about 1.6 inches) Land capability (nonirrigated): 7e rbonne@bendbroadband.com (511) 610-2457 T18S R12E Section 11 21 Tax Lots 1700, 1800 Deschutes Co, OR Sage West, LLC rborine@bendbroadb and.com Roger Borine (541) 610-2457 Bend, OR Revised Sail Map, Legend, and Mapping Unit Descriptions T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Ecological site: LAVA BLISTERS 10-12 PZ (R01OXA0230R) Typical profile: 0 to 2 inches: Very stony loamy sand 2 to 14 inches: Loamy sand 14 inches: Unweathered bedrock Description of Rock Outcrop Slope: 0 to 8 percent Depth to restrictive feature: 0 inches to lithic bedrock Land capability (nonirrigated): 8 GRC-Gosney-Rock outcrop-Deskamp complex, 8 to 15 percent slopes Composition: Gosney and similar soils: 50 percent Rock outcrop: 25 percent Description of Gosney Landform: Lava plains Parent material: Volcanic ash over basalt Slope: 8 to 15 percent Depth to restrictive feature: 10 to 20 inches to lithic bedrock Drainage class: Somewhat excessively drained Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water capacity: Very low (about 1.6 inches) Land capability (nonirrigated): 7e Ecological site: LAVA BLISTERS 10-12 PZ (RO1OXA0230R) Typical profile: 0 to 2 inches: Very stony loamy sand 2 to 14 inches: Loamy sand 14 inches: Unweathered bedrock Description of Rock Outcrop Depth to restrictive feature: 0 inches to lithic bedrock Land capability (nonirrigated): 8 Slope: 8 to 15 percent Sage West, LLC Roger Borine Bend, OR 23 AR-Access Road This miscellaneous land type is located on the eastern boundary of the tract. It provides a north/south access along an existing overhead power line. It is graded and graveled. Revised soil mapping accurately describes and locates this feature. (LCC 8) GTE-Gas Transmission Easement This miscellaneous land type is located in the central portion of the tract. The easement enters the tract in the northeast quarter and extends to the south central boundary. This area has been highly disturbed by excavations and fills during the installation of utilities. Revised soil mapping accurately describes and locates the extent of this easement area. (LCC 8) LF-Landfill This miscellaneous land type is known as the former Arnold Landfill. Approximate extent of the former Arnold Landfill was digitized from aerial photographs obtained from the Department of State Lands. Revised soil mapping accurately describes the extent of this landfill. (LCC 8) MFA-Mined/Fill Area These areas were excavated with soil material removed from the site. Material was used as fill and/or bedding for the gas transmission line. In addition, other disturbed areas have been filled with off-site material of mixed soil, gravel, stones and boulders. These areas are now considered "mined/filled land" and are miscellaneous land types. Revised soil mapping accurately locates the extent of these mined and filled areas. (LCC 8) SR-Stevens Road This miscellaneous land type is located on the northern boundary of the tract. It enters at the northeastern corner and extends west along the northern boundary to the northwest quarter. It is an improved and paved county road. Revised soil mapping accurately describes this feature. (LCC 8) rborine(@bendbroadband.com (541) 610-2457 T185 R12E Section 11 24 Tax Lots 1700, 1800 Deschutes Co, OR Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR Soil Plot Data Location Ma and Data T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Soil Plot Data: Stevens Road Tract 25 Plot k Soil Data Depth (inches) Bedrock Color Texture Soil Series Map Symbol LLC Remarks 1 LF 8 2 LF 8 3 0-10 10YR 3/4 S - MFA 8 10 Basalt 4 0-10 10YR 3/4 VST-LS Gosney GRB 7 10 Basalt 5 0-2 JOYR 3/3 LS Gosney GRB 7 2-15 10YR 3/4 LS is Basalt GRC 8 6 0 Basalt - Rock 7 0-2 10YR 3/3 LS Gosney GRC - 7 2-12 70YR 3/4 L5 12 Basalt 8 0 Basalt - GRB 8 Rock 9 0-8 10YR 3/4 LS - GRB 8 Very Shallow Soil 8 Basalt 10 0-12 10YR3/3 LS Gosney GRB 7 12 Basalt 11 0-15 10YR 3/3 LS Gosney GRB 7 15 Basalt 12 0 Basalt GRB 8 Rock 13 0-14 10YR 3/3 LS Gosney GRB 7 14 Basalt 14 0 Basalt - GRB 8 Rock 15 0-16 10YR 3/4 LS Gosney GRB 7 16 Basalt 16 0-2 10YR 3/3 LS Gosney GRB 7 2-16 10YR 3/4 LS 16 Basalt 17 0-2 10YR 3/3 LS Deskamp GRB 6 2-22 IOYR 3/4 LS 22 Basalt 18 0-2 IOYR 3/3 LS Deskamp DGB 6 2-24 10YR 3/4 LS 24 Basalt 19 0-15 10YR 3/4 S - MFA 8 15 Basalt Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR TSSS R12E Section 11 Tax Lots 1700,1800 Deschutes Co, OR 26 Plot # Soil Data Depth (inches) Bedrock Color Texture Sail Series Map Symbol LLC Remarks 20 0-17 10YR 3/4 S MFA 8 17 Basalt 21 0-14 10YR 3/4 LS Gosney GRB 7 14 Basalt 22 0 Basalt Rock 23 0-14 IOYR 3/3 LS Gosney GRB 7 14 Basalt 24 0-2 10YR 3/3 LS Deskamp DGB 6 2-22 10YR 3/4 LS 22 Basalt 25 0-15 10YR 3/4 S - MFA 8 15 Basalt 26 0-2 - 10YR 3/3 LS Deskamp DGB 6 2-22 10YR 314 LS 22 Basalt 27 0-2 10YR 3/3 LS Deskamp DGB 6 2-24 10YR 3/4 LS 24 Basalt 28 0-16 10YR 3/3 LS Gosney DGB 7 16 Basalt 29 0-16 10YR 3/3 LS Gosney DGB 7 16 Basalt 30 0-2 10YR 3/3 LS Deskamp DGB 6 2-23 10YR 3/4 LS 23 Basalt 31 0-15 10YR 3/3 VST-LS Gosney GRR 7 15 Basalt 32 0-12 10YR 3/3 VST-LS Gosney GRB 7 12 Basalt 33 0 Basalt - GRB 8 Rock 34 0-15 10YR 3/4 XST-LS Gosney GRC 7 15 Basalt 35 0-2 10YR 3/3 LS Deskamp DGB 6 2-22 10YR 3/4 LS 22 Basalt 36 0-2 10YR 3/3 LS Deskamp DGB 6 2-24 10YR 3/4 LS 24 Basalt 37 0-2 10YR 3/4 LS Deskamp DGB 6 2-22 10YR 3/4 LS 22 Basalt 38 0-15 10YR 3/4 VST-LS Gosney GRB 7 15 Basalt Sage West, LLC Roger Borine Bend, OR rbori ne@ bendbroad ba nd.com (541) 610-2457 T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR 27 Plot # Soil Data Depth (inches) Bedrock Color Texture Soil Series Map Symbol LLC Remarks 39 10YR 3/4 LS Clovkamp CA 6 10YR 3/4 LCOS GR-S 40 10YR 3/4 L5 Gosney DGB 7 salt 41 E 10YR 3/4 VST-LS Gosney GRB 7 salt 42 salt - GRB 8 Rock 43 10YR 3/4 LCOS Deskamp DGB 6 25 Basalt 44 0-15 30YR 3/4 VST-LS Gosney GRB 7 15 Basalt 45 0-15 10YR Y. LS Gosney GRC 7 15 Basalt 46 G-25 10YR 3/4 LS Deskamp DGB 6 25 Basalt 47 0-22 IOYR 3/4 LS Deskamp DGB 6 22 Basalt 48 0-19 10YR 314 LS Gosney DGB 7 19 Basalt 49 0-19 10YR 3/4 LS Gosney DGB 7 19 Basalt 50 - Basalt GRB 8 Rock 51 0-12 10YR 3/4 VST-LS Gosney GRB 7 12 Basalt 52 0-23 10YR 3/4 LS Deskamp DGB 6 23 Basalt 53 0-16 10YR 3/4 LS Gosney DGB 7 16 Basalt 54 0-40+ 10YR 3/4 LS - DGB 6 deeo 55 0-28 10YR 3/4 LS Deskamp DGB 6 28 Basalt 56 0-21 IOYR 3/4 LS Deskamp DGB 6 21 Basalt 57 0-20 IOYR 3/4 LS Deskamp DGB 6 20 Basalt 58 0-12 lOYR 3/4 LS Gosney GRB 7 12 Basalt Munsell Color: 10YR 3/3-Dark Brown, 10YR3/4-Dark Yellowish Brown; Texture: LS- Loamy Sand, LCOS-Loamy Coarse Sand, S- Sand; V-very, X-extremely, ST-Stony, GR-Gravelly. Sage West, LLC rborlne@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Soil Plot Data: Stevens Road Tract - Backhoe pits 28 Plot# Latitude Depth Bedrock Texture Soil Series Map LLC Longitude (inches) Symbol Bl 440121.6 0-55+ LCOS Clovkamp CA 6 121 14 48.1 B2 440129.2 0.50+ LCOS Clovkamp CA 6 121 14 37.6 B3 440133.2 0-45+ LCOS Clovkamp CA 6 1211437.8 - - 94 440145.1 0-50+ LCOS Clovkamp CA 6 1211438.3 - - B5 440154.2 0-37 LS Deskamp DGB 6 1211441.4 37 Basalt B6 440122.3 0-18 LS Gosney GRB 7 1211452.3 18 Basalt B7 440121.4 0-31 LS Deskamp DGB 6 12115 09.5 31 Basalt B8 440124.5- 0-14 LS Gosney DGB 7 1211518.3 14 Basalt B9 440125.6 0-24 LS Deskamp DGB 6 1211519.5 24 Basalt B10 440148.7 0-27 LS Deskamp DGB 6 1211501.5 27 Basalt Bll 44 0151.8 0-14 LS Gosney DGB 7 1211501.5 14 Basalt B12 440142.9 0-14 LS Gosney DGB 7 1211518.2 14 Basalt B13 440149.0 0-12 LS Gosney DGB 7 1211517.0 12 Basalt B14 440158.0 0-15 LS Gosney DGB 7 1211514.3 15 Basalt B15 440203.9 0-22 LS Deskamp DGB 6 1211525.5 22 Basalt B16 44020.37 0-32 LS Deskamp DGB 6 12115 30.4 32 Basalt B17 440202.9 0-28 LS Deskamp DGB 6 12115 39.7 28 Basalt B18 440159.8 0-12 LS Gosney DGB 7 1211545.1 12 Basalt B19 440156.1 0-16 LS Gosney DGB 7 1211542.6 16 Basalt B20 440153.9 0-25 LS Deskamp DGB 6 1211545.7 25 Basalt B21 440150.6 0-16 LS Gosney DGB 7 1211537.0 16 Basalt B22 440137.6 0-28 LS Deskamp DGB 6 1211537.6 28 Basalt B23 440127.8 0-36 LS Deskamp DGB 6 1211530.0 36 Basalt B24 440123.4 0-15 LS Gosney DGB 7 121 15 32.5 15 Basalt Texture: LS- Loamy Sand, LCOS-Loamy Coarse Sand, S-Sand; V-very, X-extremely, ST-Stony, GR-Gravelly Sage West, LLC rborine@bendbroadband.com Roger Borine (541) 610-2457 Bend, OR T185 R12E Section 11 29 Tax Lots 1700, 1800 Deschutes Co, OR Sage West, LLC rborine@bendbroadband.com Roger Bori ne (541) 610.2457 Bend, OR Soil Transect Location Map and Data T18S R12E Section 11 Tax Lots 1700, 1800 Deschutes Co, OR Soil Transect Data: Stevens Road Tract 30 Transect Plot Latitude Depth Texture Sail Series LLC Map Longitude (inches) Symbol Tl 1 440122.3 0-22 LS Deskamp 6 GRB 2 12114 32.6 0-14 VST-LS Gosney 7 3 0-10 XST-LS Gosney 7 T2 1 440126.2 0-25 VST-LS Deskamp 6 DGB 2 1211431.9 0-16 LS Gosney 7 3 0-21 ITS Deskamp 6 4 0-17 ITS Gosney 7 5 0-24 LS Deskamp 6 6 0-20 LS Deskamp 6 7 0-19 ITS Gosney 7 8 0-24 LS Deskamp 6 T3 1 440153.7 0-22 LS Deskamp 6 DGB 2 1211431.0 0-23 LS Deskamp 6 3 Rock - - 8 GRB 4 0-19 LS Gosney 7 5 0-10 LS Gosney 7 6 0-24 LS Deskamp 6 DRB 7 0-16 LS Gosney 7 GRB T4 1 440138.3 D-22 LS Deskamp 6 DRB 2 1211514.1 0-12 LS Gosney 7 3 0-22 LS Deskamp 6 4 0-21 LS Deskamp 6 5 C-18 LS Gosney 7 6 0-10 VST-LS Gosney 7 7 0-20 LS Deskamp 6 8 0-23 LS Deskamp 6 9 0-19 LS Gosney 7 10 0-4 VST-LS 8 TS 1 440159.8 0-31 LS Deskamp 6 DRB 2 1211527.4 0-25 LS Deskamp 6 3 0-20 LS Deskamp 6 4 0-16 LS Gosney 7 5 0-28 LS Deskamp 6 6 0-23 LS Deskamp 6 7 0-15 ST-LS Gosney 7 8 0-14 ST-LS Gosney 7 9 C-18 LS Gosney 7 T6 1 440111.7 Rock - - GRB 2 12115 27.4 0-13 LS Gosney 7 3 0-14 LS Gosney 7 DRB 4 0-21 LS Deskamp 6 5 0-21 LS Deskamp 6 6 0-18 LS Gosney 7 Sage West, LLC rborine@ bendbroadhand.com Roger Bovine (541) 610-2457 Bend, OR T185 R12E Section 11 Tax Lots 1700,1800 Deschutes Co, OR 31 Transect Plot Latitude Depth Texture Soil Series LLC Map longitude (inches) Symbol T7 1 440108.6 0-31 Deskamp 6 DGB 2 1211536.8 0-20 Deskamp 6 3 0-10 VST-L5 Gosney 7 4 0-16 Gosney 7 5 0-24 Deskamp 6 6 0-18 Gosney 7 7 0-21 Deskamp 6 T8 1 440102.0 0-18 VST-LS Gosney 7 DGB 2 1211445.7 0-17 LS Gosney 7 3 0-16 LS Gosney 7 - 4 0-18 LS Gosney 7 5 0-17 LS Gosney 7 6 0-30 LS Desk amp 6 - 7 0-34 LS Deskamp 6 T9 1 440154.1 0-10 XST-LS Gosney 7 DGB 2 1211415.5 0-33 LS Deskamp 6 3 0-24 LS Desk amp 6 4 0-19 LS Gosney 7 5 0-28 LS Deskamp 6 6 0-12 LS Gosney 7 GRB 7 0-15 ST-LS Gosney 7 8 0-18 ST-LS Gosney 7 T10 1 440110.9 Rock - - 8 GRB 2 1211506.8 0-10 LS Gosney 7 3 0-14 LS Gosney '7 q Rock - 8 5 0-21 LS Deskamp 6 6 0-4 VST-LS 8 7 Rock - 8 8 0-13 LS Gosney 7 9 0-18 LS Gosney 7 10 0-12 LS Gosney 7 T11 1 440150.2 0-29 LS Deskamp 6 GRB 2 12115 07.9 0-15 LS Gosney 7 3 Rock 8 4 0-11 LS Gosney 7 T12 1 440145.4 0-21 LS Deskamp 6 GRC 2 12115 59.3 0-11 LS Gosney 7 3 0-2 LS 8 q Rock 8 5 0-4 LS 8 6 0-30 L5 Deskamp 6 7 Rock 8 8 Rock 8 9 0-14 LS Gosney 7 GRB 10 0-18 LS Gosney 7 11 0-22 LS Deskamp 6 DGB 12 0-24 LS Deskamp 6 Texture: LS-Loamy Sand, LCOS-Loamy Coarse Sand, S-Sand; V-very, X-extremely, ST-Stony, GR-Gravelly. 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These applications were considered by a Deschutes County Hearings Officer last spring. On July 10, 2012, the Hearings Officer recommended approval to the Board of County Commissioners (BOCC). On September 24, the BOCC held a public hearing on the applications, closed the oral public hearing on that same day but left the written record open until October 10, 2012 for responses to information presented at the hearing and until October 26, 2012 for the applicant's final rebuttal with no new evidence. During the applicant's final rebuttal period, the applicant submitted new evidence regarding the soil classification of the subject property. New evidence submitted by the applicant is allowed to be included in the record if all other parties have a due process right to respond to the evidence. On November 5, the BOCC decided to re-open the public hearing on this issue. On November 19, the BOCC approved order No. 2012-038 finding that clarifying how to determine the soils classification is paramount to the final decision in this case as well as future cases. Therefore, the BOCC re-opened the record and will conduct a public hearing on this issue on Monday, December 3, 2012 at 10:00 a.m. The map on the right shows the subject 380-acre property and soil types. DSL Soil Types 'i Statewide Planning Goal 3, Agriculture states that lands classed by the Natural Resource Conservation Service (NRCS) as predominantly 1-6 soils in Eastern Oregon are "agricultural land." 58'C' 33.77 38B 56.15 Table 1 shows the amount of land mapped for each soil complex (a soil complex means there are different soil types and classifications) by NRCS, and the amount of land designated as "agricultural land," "non-agricultural land," and "unknown/mixed" soils. TABLE 1 SOIL COMPLEX, ACRES & AGRICULTURAL & NON-AGRICULTURAL LAND DESIGNATIONS Agricultural Land Non-Agricultural Land Unknown/Mixed Soil Complex Class 6 Soil Acres (Percentage) Class 7 Soil Acres (Percentage) Class 8 Soil Acres (Percentage) Contrasting Inclusions Acres (Percentage) Total Soil Type Acres 36A 2.06(100%) 2.06 38B 101.91 (50%) 71.34 (35%) 30.58(15%) 203.83 58C 30.62(20%) 76.56(50%) 38.28(25%) 7.67(5%) 153.13 157C 2,58(65%) .79(20%) 0.61(15%) 3.98 TOTALS 137.17(37.8%) 147.9 (40.7%) 39.07 (10.8%) 38.86 (10.7%) 363(100%) Under state law, if a property is predominately (over 50 percent) comprised of Class 1-6 soils in Eastern Oregon, then the property shall be designated agricultural land. If a property is not predominately agricultural land, then it may be considered for another designation based on established criteria. Therefore, the key question before the BOCC is to determine the method to interpret the soils information. Table 2 illustrates County planning staff's method to interpret the soils classifications. Based on this analysis/methodology, 51.5 percent of the land is non-agricultural land and 37.8 percent is agricultural land. 7 TABLE 2 COUNT Sal ANAIA $ ANI71 Soil Types Total Acres Percentage of 363 Acres Ag Land vs. Non-Ag Land Class 6 (ag land) 137.17 37.8% 37.8% Class 7 (non-ag land) 147.90 40.7% Class 8 (non-ag land) 39.07 10.8% 51.5% Mixed / Unknown 38.86 10.7% 10.7% Tables 3 and 4 provide an alternative method to interpreting the soils classifications. Specifically, this method determines the majority soil classification for each soil complex and applies the majority soil type to all the soils in the complex. For example, soil complex 38B is comprised of SO percent Class 6 soils, 3S percent Class 7 soils, and 15 percent are unknown or mixed soils. Based on this analysis, the majority soil type (SO percent) is Class 6. Therefore, Class 6 is applied to the entire 203.83 acres. TABLE 3 ALTERNATIVE ANALYSIS / FINDINGS Soil No. Soil Type Acres Majority Soil Type 36A 2.06 acres _ Class 6 38B 203.83 acres Class 6 58C 153.13 acres Class 7 157C 3.98 acres Class 6 TABLE 4 ALTERNATIVE ANALYSIS / FINDINGS Soil Types Majority Soil Areas Acreage of Combined Soil Type Areas Total Percent of 363 Acres Class 6 (ag) 36A, 368, 1570 209.87 58% Class 7 (non-ag) 58C 153.13 42% Class 8 None 0% Mixed/Unknown None 0% The reopened public hearing is open for anyone. Staff expects NRCS experts to participate in this public hearing. Based on past Land Use Board of Appeals decisions, planning staff believes the BOCC has the discretion to interpret the soils data for the purposes of designating agricultural land. Staff contact: Paul Blikstad (paulb@co.deschutes.or.us). 8 United States Department of Agriculture 4.j NRCS Natural Resources Conservation Service 1201 NE Lloyd Blvd; Suite 900 Portland, Oregon 97232 Phone: (503) 414-3200 Fax: (503) 414-3240 October 3, 2012 Douglas Parker Asset Planner Oregon Department of State Lands 775 Summer Street N.E.; Suite 100 Salem, Oregon 97301 Dear Douglas: Subject: Soil inquiry for map units and soil types in Section 11, T18S, R12E - Based on NRCS soil information on Web Soil Survey (WSS). The soil map units in this section are dominated by map units 38B and 58C. These two map unit account for about 90% of the section. Both map units are a complex of two or more dominant soil types; Deskamp soil, Gosney soil, and in map unit 58C a component of Rock outcrop. The two neap units are; 38B-Deskamp-Gosney complex, 0 to 8 percent slopes 58C-Gosney-Rock outcrop-Deskamp complex, 0 to 15 percent slopes The original soil survey was mapped at a scale of 1:24,000. At this mapping scale, soils can occur in such an intermingled pattern that each soil type cannot be mapped separately. When this occurs the kind of map unit we use to indicate this pattern is called a complex, and the dominant soil types are identified along with a estimated percent composition of each soil type in the map unit. Given this scale of mapping and the need of users, the NRCS does recognize the need for onsite soil investigations for a more detailed inventory of the soil types, and if the scale is detailed enough, the soil types identified in a complex could perhaps be delineated separately. A land capability class (LCC) is assigned to each soil type in a map unit. In map unit 38B; the Deskamp soil type has a LCC of 6 and it comprises 50% of the map unit area. The Gosney soil type has a LCC of 7 and it comprises 35% of the map unit area. In map unit 58C; the Gosney soil type has a LCC of 7 and it comprises 50% of the map unit area. The Rock outcrop component has a LCC of 8 and it comprises 25% of the map unit area. The Deskamp soil type has a LCC of 6 and it compromises 20% of the map unit area. This LCC placement and percent composition of the soil type in the map unit is available on WSS. Helping People Help the Land An Equal Opportunity Provider and Employer So to determine the percent of an area having land capability class, 6, 7, or 8 the following example could be used. First delineate out the area of interest and determine the acreage of each map unit in that area of interest. Second would then be to determine the acres in each LCC in each map unit. Then sum the acres and determine the percentage of each LCC for the total area. EXAMPLE: In section 11, T18S, R12E-- we delineate our area of interest and say it is 400 acres. We then determine that 100 acres of the area is map unit 38B and 300 acres of the area is map unit 58C. 100 acres Is map unit 3813-with 50% of the area being Deskamp soil (LCC 6) and 35% of the area being Gosney soil (LCC 7). 300 acres Is map unit 58C-with 50% of the area being Gosney soil (LCC 7), 25% being Rock outcrop (LCC 8), and 20% being Deskamp soil (LCC 6). Determining the percent land capability class for the area; 3813-50% Deskamp soil (LCC 6) of 100 acres==50 acres LCC 6 -35% Gosney soil (LCC 7) of 100 acres====35 acres LCC 7 58C-50% Gosney soil (LCC 7) of 300 acres===150 acres LCC 7 -25% Rock outcrop (LCC 8) of 300 acres==75 acres LCC 8 -20% Deskamp soil (LCC 6) Of 300 acres==60 acres LCC 6 LCC 650 acres + 60 acres===110 acres LCC 7=35 acres + 150 acres==185 acres LCC 8=75 acres==== =__=====75 acres TOTAL______________=====370 acres 110 acres LCC 6 divided by 370 acres x 100==about 30% of area in LCC 6 185 acres LCC 7 divided by 370 acres x 100==about 50% of area in LCC 7 75 acres LCC 8 divided by 370 acres x100===about 20% of area in LCC 8 Conclusion in this example is that about 70 percent of the area is in Land Capability Class 7 and 8. NOTE; although our area of interest is 400 acres, only 370 acres are comprised of the major map unit soil types (Deskamp, Gosney and Rock outcrop). The remaining 30 acres would consist of minor components or what is typically referred to as inclusions. These inclusions depending on the map unit could range have a capability class of 4, 6, 7, or 8 depending on the soil type. But due to the limited acreage the impact on the results would be minimal. THOR THORSON Acting NRCS State Soil Scientist United States Department of Agriculture 4~ NRCS Natural Resources Conservation Service 1201 NE Lloyd Blvd; Suite 900 Portland, Oregon 97232 Phone: (503) 414-3261 Fax: (503) 414-3240 November 1, 2013 Liz Fancher 644 NW Broadway Street Bend, Oregon 97701 Dear Liz: This letter is in response to your inquiry about the letter 1 sent to Douglas Parker (Oregon Department of State Lands) on October 3, 2012. This letter to Doug addressed a procedure to determine the percent of an area having land capability class (LCC) 6, 7, and 8. The procedure and example in the letter to Doug, addresses soil map units that are a complex of two or three names soil types. In the letter and example a weighted average methodology was used to determine the percent of an area in each of the land capability classes. This methodology is a valid procedure for determining the percent area in each capability class. There is another methodology for determining the dominant land capability class for an area. This method is based on the dominant condition. This is the method of determination used in Web Soil Survey. The weighted average methodology is not an available procedure for use in Web Soil Survey. With the dominant condition. methodology, the soil components percent in a map unit having the same LCC soil component are added together and the highest percent LCC is what is assigned to the entire map unit. Using this method, a map unit such as 38B Deskamp - Gosney complex, 0 to 8 percent slope, which is comprised of 50% Deskamp soil with LCC to 6, and 35% Gosney soil with LCC of 7; the entire map unit area of 38B is identified as LCC 6 since the Deskamp soil is dominant. The Gosney soil and its associated LCC 7 is not accounted for in this methodology. Example for dominant condition methodology; we have an area of interest that is 375 acres in size, of this 375 acres; 215 acres are in map unit 38B Deskamp-Gosney complex and 160 acres are in map unit 58B Gosney-Rock outcrop-Deskamp complex. 38B Deskamp soil is 50% of the area with. LCC 6. 38B Gosney soil is 35% of the area with LCC 7. 58C Gosney soil is 50% of the area with LCC 7. 58C Rock outcrop is 25% of the area with LCC 8. 58C Deskamp soil is 20% of the area with LCC 6. In the above example the dominant condition methodology would assign all acreage of map unit 38B to LCC 6 and all acres of map unit 58C to LCC 7. Thus far our area of interest which is 375 acres, 215 acres are in LCC 6 (are of map unit 38B) and 160 acres are in. LCC 7 (area of map unit 58C). Therefore about 57% of the area is LCC 6 and about 42% of the area is LCC 7. Over 50% of our area of interest is LCC 6, using the dominant condition methodology. In the same example the weighted average methodology would identify the 215 acres of map unit 38B as; 107 acres of Deskamp soil (50%) and 75 acres of Gosney soil (35%). It would identify the 160 acres of map unit 58C as; 80 acres of Gosney soil (50%) LCC 7, 40 acres of Rock outcrop (25%) LCC 8, and 32 acres of Deskamp soil (20%) LCC 6. Thus for our area of interest we have: Helping People Help the Land An Equal Opportunity Provider and Employer (107 + 32) = 139 acres of Deskarnp soil with LCC 6 (75 + 80) = 155 acres of Gosney soil with LCC 7 (40) = 40 acres of Rock outcrop with LCC 8 Total acres are 324 rather than the 375 acres because each rn,,ip unit contains 15% minor soil. components that are not. identified to a. LCC. Thus: 139 acres of our 324 acres is in the LC_C 6 which is abot:tt 42% of the area 155 acres of Our 324 acres is in LCC 7 which is about 471/0 of the area 40 acres of our 324 acres is in the LCC 8 which is about 12% of the area Over 50% of our area of interest is in the LCC 7 and 8 using the weighted average -nethqdology. What: the above example shows it that depending on the methodology used for determining percent area in a LCC, different results can occur. Therefore, it is critical to identify a method to be used acrd then apply the method consistently when makirig determination, within a. county, state, or jUl-indiction. The dominant. condition method results can be generated c.tsirrg. Web Soil SU vey. It is relatively quickly cleterrnined and is highly consistent. The eighted average method results must be trianually gener~.O.ecl, belt all iriforrnation to do ihc rn,.inual calculations is in Wcb Soil Survev. In my opinion the weighted average methodology procedur•t I>r >viilc ~ Iriore p,+~0•ise accounting of Ilic area,. I hope this lciter and e-_arnples helps to e-plain how two different results can occur for the sarric area of interest. Please get in touch with me if you have questions. TIIOR THORSON State Soil Scientist. cc: Douglas Parker, Oregon Departiiient. of State Lands, Salem, Oregon Kurt Moffitt, NRCS, Redmond, Oregon