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2014-580-Minutes for Meeting November 12,2014 Recorded 12/22/2014 DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY CLERKQS CJ 2014490 COMMISSIONERS' JOURNAL 1222/ 014 101345 AM 0 Air uLJiIJIIIIIwIfluIIu f / Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org a1 MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, NOVEMBER 12, 2014 Commissioners'Hearing Room-Administration Building- 1300 NW Wall St.,Bend Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, Laurie Craghead and John Laherty, County Counsel; Paul Blikstad, Community Development; and nine other citizens. Chair Baney opened the meeting at 10:05 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT None was offered. 3. Before the Board was Consideration of Board Signature of Order No. 2014-028, Accepting the. Petition and Setting the Date for a Public Hearing on the Annexation of Pine Forest Development, LLC Property into the La Pine Rural Fire Protection District. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 1 of 11 John Laherty gave an overview of this item and the following one, regarding Pine Forest Development's requests for annexation into the La Pine Rural Fire Protection District and the Four Rivers Vector Control District. Commissioner DeBone asked if this is acceptable to the Districts. Mr. Laherty said they were notified of the requests and they feel it is appropriate to annex the property. UNGER: Move Board signature of the Order. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Board Signature of Order No. 2014-029, Accepting the Petition and Setting the Date for a Public Hearing on the Annexation of Pine Forest Development, LLC Property into the Four Rivers Vector Control District. UNGER: Move Board signature of the Order. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 5. Before the Board was a Public Hearing on a LUBA Remand on the Millican Mining Site Decision. Chair Baney read the opening statement and Paul Blikstad gave an overview of the issue. This is to address remand on a 2010 Board decision from LUBA on a few questions. (A copy of the opening statement is attached for reference.) Regarding ex parte contacts, bias or conflicts of interest, Commissioner DeBone said that there was a donation made to a PAC for his past election campaign, but he does not feel it is a conflict. Commissioners Unger and Baney had no conflicts to disclose. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 2 of 11 Mr. Blikstad said there is a tight timeframe for a decision. Due to the new fee for an appeal not being submitted with the appeal, there is a question about the date. Chair Baney encouraged all to be expedient since this has been going on for a long time. He provided a supplemental burden of proof from the applicant, and a request from the Walkers to keep the hearing open. There were a couple of e-mails from others as well. The County has made three decisions on this issue. LUBA has narrowed down the scope to two issues that are listed on the matrix form. The applicant asked that they include Item #1, although this was already decided by LUBA and does not need to be addressed. This reaffirms the will of the Board and is not an issue for discussion. Item #2 speaks about agricultural operations on the flat pasture area. This is a large grazing allotment of over 5,000 acres. The previous allotment users felt that Sage Grouse would migrate and negatively impact the grazing area. The Nash's are no longer the holder of the allotment and the new holder does not feel there is a problem. LUBA decided that the Nash's opinion was speculative. Staff feels that the 1/2-mile impact area is sufficient to address any potential conflicts, and is consistent with the County's 1/2-mile surface mining impact zone. He referred to an oversized map and an area marked in blue that is an ancient river bed. This has been shown as a flood plain. A conditional use permit would be needed to mine that particular area, and is not a subject of this appeal. Commissioner Unger said this decision would allow for application for mining in the future. There will be a new process in the future to speak to specifics, including site plan review. Mr. Blikstad stated that Item #3 has to do with agricultural impacts within 14- mile of the site, or that there will be mitigation to offset this. Staff does not feel this is a problem, nor does the new grazing allotment operator. Item #4 is in regard to timing of operations. A decision in the record lists twenty conditions of approval, such as weather, wind, coordination with grazing, and blasting. The grazing allotment operator feels this will not impact cattle grazing. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 3 of 11 Laurie Craghead said that under case law, the Board cannot rehash issues that have already been decided and are not on remand. They could discuss new issues that arise, but it may be hard to keep the lines clear on what is new and what has already been discussed. The Board can simply deliberate on the items remanded. Commissioner Unger asked if new issues arise, what the process is to handle those. Ms. Craghead said it is unclear what Code provision might address this, and whether it was to be part of the conflicts analysis. The paperwork and purpose is not clear. Chair Baney stated that this issue has been ongoing for eight years, and the information in the record should be used and they should keep this holistic. New information can be address in another way in the future. Commissioner Unger wondered what path a person would use to add something new. He agrees to stay tight with this situation at this time. A new application would have to deal with current rules. Chair Baney asked Nick Lelack if they can add this as a discussion point in the future, referring to new Goal 5 resources. Mr. Lelack said that sometimes circumstances change and they can work through the process when that occurs. Sharon Smith, attorney for the applicant, stated the issue of impacts on Sage Grouse habitat has been covered and is not a discussion point today. LUBA is satisfied that this has been adequately addressed. The question is about impacts to the flat pasture, which is used to graze 125 cattle for a month, in over 5,000 acres. Consultant Roger Borine submitted his report, and the holder of the allotment is here to testify. The County's standard is greater than what is required by OAR's. This has been sufficient historically, and is appropriate in this case. The Sage Grouse lek is over a mile away, and LUBA felt this was a speculative question in regard to agricultural impacts, but it was not decided at the County level, so needs to be done so now. The 1/2-mile area is appropriate. Commissioner DeBone asked if all the cattle are on the same land at the same time. Ms. Smith said it varies, and can be spread out over the 5,000 acres for four months, in the summer. There are so few cattle over a very large area, that it can change depending on where the forage is. Ms. Craghead said LUBA thought it was for a specific timeframe, so this needs to be addressed in a decision. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 4 of 11 Commissioner Unger noted that the entire property is being asked to become surface mining, and asked if they have to consider the value of the product. It is a big area and perhaps it is not all viable. Ms. Smith stated this is supposed to be an exceptionally good quality resource. It is not found just anywhere. It is a Goal 5 resource and is protected. The owner will consider the quality and quantity. Ms. Craghead stated they do not look at parts of the property. The entire property is felt to be subject to the good aggregate, and there were no arguments as to where the mining would be appropriate. It is a combination of it being a significant resource, and the entire property is considered. This is not something to be decided now. Ms. Smith said that the juniper shrub letter is not a relevant issue, as there seems to not be a reason to consider it at this time. Steven Roth stated that he is the rancher who now grazes this area. (He brought a map of his ranch and pointed out the relevant points.) He grazes four times the size of the mining area. He will gain water in this situation, resulting from the pits, and water in that area is a valuable asset. The Sage Grouse lek sites do move, but this is a natural occurrence and the BLM is already managing this. Mining will have no impact on his cattle. He is limited anyway as to where he grazes his cattle depending on BLM's rules. There are two flat pastures, one he uses and one that is partially in the pit area. All land is grazed unless it is fenced off, like the mined sites. The Leslie Ranch agreement has to do a much larger area and the BLM is involved. Commissioner DeBone said that the affected areas can be used only about 1-1/2 months a year for grazing. Mr. Roth stated that they can bring in hay only on privately owned land, too, so it is key to have some private land available to do this. Mr. Roth stated that he has cattle in other areas where military aircraft create a lot of noise, and he does not feel that occasional blasting at the mine site will bother the cattle in any case. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 5 of 11 Paul Dewey submitted a document to the Board. He represents Central Oregon Landwatch, and noted that the lek and Sage Grouse issues have been taken off the table, but he thinks this is still an issue. He feels that this can impact the area used for grazing. He disagrees with the comment that the BLM is giving no opinion on this. The NEPA process and cumulative effects analysis means you decide direct, indirect or future conflicts. A mine on private land could impact grazing in the area. That is the cumulative effect and the BLM is putting the County on notice about this. He also disagrees with the speculative conflict issue, which was decided three years ago. They all know more about the Sage Grouse now and are concerned about a listing as endangered or threatened. He disagrees with whether the Board can rehash certain issues. The Board may not be forced to do this, but case law allows the Board to make a different decision. Parties can't force this issue, but the Board has discretion to revisit prior decisions. There are several processes going on, with the U.S. Fish & Wildlife Service, the BLM and the Governor's Office involved. The land use system and the Goal 5 process may not show adequate protection of the Sage Grouse. LUBA noted that the only aspect of Goal 5 protection of Sage Grouse is leks, not nesting sites or other habitat. The other weakness is that LUBA allows the Board deference. There are two competing biologist reports, and the Board decided on the applicant's biologist's report. The U.S. Fish & Wildlife Service will learn that most habitat is not protected, and the Board is making this decision with no real grounding in biology. This started in 2004, but there is also a consideration of antelope habitat now. He feels this is not rigorous enough when it is based on information from ten years ago. He asked that the record be left open for at least ten days for further testimony. He stated that part of the problem is finding the latest science. He does not know what conditions of approval might work for this land. BLM and Fish & Wildlife have not been asked. The dispute in 2011 was whether this was a lek corridor. Maybe new evidence would show this is the case, but was decided it was not at that time. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 6 of 11 Commissioner Unger said the BLM letter is not dated, but has to have been after Mr. Borine's letter. Mr. Blikstad said that it was sent on November 3, 2014 and received on November 5, 2014. Chair Baney asked about the Fish & Wildlife cumulative effects analysis. Mr. Blikstad replied that it would be their study and it is unknown what they would come up with. The County would have some input. Mr. Craghead said that you can change the decision only on the issues that are on remand. The only considering is whether the leks would affect grazing. Whether to expand the Goal 5 resources is a whole different process. The Board cannot change the decision of the first two appeals on the Sage Grouse. Mr. Dewey said there will be a subsequent application, but you cannot look at Goals in the conditional use permit process. This is a weakness in the land use system, so this allows issues to become very outdated. Sharon Smith had no rebuttal since the issues raised by Mr. Dewey are beyond the scope of this decision. The Board has followed the process and if the BLM had questions, they did not raise them. The NEPA process is not a part of this, either. She has additional information to submit if the Board decides to leave the hearing open. She is agreeable to the October 13 start date for the appeal period. Commissioner Unger suggested they leave the written record open, to be consistent with previous actions. Commissioner DeBone agreed. The Board will deliberate on December 15, and sign the decision on January 7 if it is ready. Ms. Smith said they would extend the timeframe until January 30. The record will close on Monday, November 24 for written documents only on the issues at hand. Ms. Smith requested a rebuttal period until December 1. Mr. Blikstad stated he is not sure what the Walkers plan to submit. Chair Baney said they need to stay with what is before the Board. Ms. Craghead added this can be noted in the decision. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 7 of 11 Before the Board was Consideration of Approval of the Consent Agenda. Chair Baney asked that the minutes be removed until she has a chance to review them. DEBONE: Move approval of the Consent Agenda except for the minutes. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Consent Agenda Items 6. Board Signature of Document No. 2014-236, an Industrial Lease of Bare Land in the La Pine Industrial Park to Jeffrey Kaufman 7. Board Signature of Document No. 2014-528, an Intergovernmental Agreement with High Desert Education Service District regarding the Healthy Families of the High Desert Program 8. Board Signature Board Signature of Resolution No. 2014-130, Transferring Appropriations within the Public Health and. Behavioral Health Funds 9. Board Signature of Resolution No. 2014-131, Transferring Appropriations in the North County Services Building Fund 10. Board Signature of Resolution No. 2014-132, Transferring Appropriations in the Sheriff's Office and Countywide Law Enforcement District #1 Funds 11. Board Signature of a Letter Reappointing Thomas Schuchardt to the Deschutes County Dog Control Board of Supervisors, through June 30, 2016 12. Board Signature of a Letter Reappointing Bruce Barrett to the Deschutes County Budget Committee, through December 31, 2017 13. Approval of Minutes: • Business Meetings of October 27 and 29, and November 5, 2014 • Work Sessions of October 27 and 29, and November 5, 2014 Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 8 of 11 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Board Signature of a Letter Reappointing Bruce Barrett to the Deschutes County 911 County Service District Budget Committee, through December 31, 2017. UNGER: Move Board signature. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $91,407.73. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT (#1) 16. Before the Board was Consideration of Board Signature of a Letter Reappointing Bruce Barrett to the Deschutes County Countywide Law Enforcement District Budget Committee, through December 31, 2017. DEBONE: Move approval. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 9 of 11 17. Before the Board was Consideration of Board Signature of Resolution No. 2014-132, Transferring Appropriations in the Sheriff's Office and Countywide Law Enforcement District #1 Funds. UNGER: Move Board signature. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT DISTRICT (#2) 18. Before the Board was Consideration of Board Signature of a Letter Reappointing Bruce Barrett to the Deschutes County Rural Law Enforcement District Budget Committee, through December 31, 2017. DEBONE: Move approval. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of$60.00. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 10of11 RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 20. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of$1,414,509.66. Mr. Anderson pointed out that $622,000 was paid out for the jail expansion and the 911 parking lot. The special road districts taxes also paid in advance. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. 21. ADDITIONS TO THE AGENDA None were offered. Being no other items brought before the Board, the meeting adjourned at 11:15 a.m. DATED this / Day of 2014 for the Deschutes County Board of Commissioners. �l Tammy Ba 17, Chairs Anthony DeBone, Vice Chair ATTEST: (g---(1)44-A-k:. &Lb& Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2014 Page 11 of 11 , 7{ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK / „• Agenda Item of Interest — Date / / /1 t7 /I/;/ Name ti ca. U .s-, Address C-4) / _S 'v n1 ; I / k/ / c� c E4 V iJ Phone #s � �7 / �.���... _ S F 2- — �� / E-mail address If, I In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No 1/X-10- BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest � Date Name � � l �� C f i) Address t// 6(1 0 //kky Phone #s � t/J - z//0 /2_ �,� E-mail address it/AA S�' ►f� P� �r/? �.: t;'C , , In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes n No (tvT�s �oL 62, Z BOARD OF COMMISSIONERS' MEETING 44114 REQUEST TO SPEAK Agenda Item of Interest Date Name Address Phone #s E-mail address 1 In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? ' Yes No N° z BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest e5-w/'-7"-- Date Name 2.612 #e/Rie) i Address 6cUA-'6 , r 777"/ Phone #s may/l✓v- z757 E-mail address vie P/rn .-' ei N6 c1,1i G'U L In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes [o N' 01*E S CCU iv x, Community Development Department 0 y Planning Division Building Safety Division Environmental Soils©ivisibn P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://w w.co deschutes.or.0 /cdd/ MEMORANDUM DATE: October 30, 2014 TO: Deschutes County Board of Commissioners FROM: Paul Blikstad, Senior Planner RE: PA-04-8/ZC-04-6, Plan Amendment and Zone Change/ Remand 1. Background The applicant, 4-R Equipment, LLC, in 2004 initiated an application for a: • Plan Amendment to add the subject property, adjacent to Highway 20 and Spencer Wells Road near Millican to the County's Goal 5 surface mining inventory of mineral and aggregate resources; and, • Zone Change from Exclusive Farm Use (EFU-HR) to Surface Mining (SM), for approximately 365 acres. The applications have been approved locally three different times through written decisions by the Board of County Commissioners (BOCC), in December 2006 (Document 2006-609), October 2008 (Document No. 2008-536), and September 2010 (Document No.2010-570). Each decision resulted in an appeal and subsequent remand by the Land Use Board of Appeals (LUBA). The BOCC's third decision was appealed to LUBA by Keith and Janet Nash (LUBA No. 2010-082).1 LUBA issued a Final Opinion and Order on February 5, 2011. It has been over 3.5 years since LUBA issued their third Final Opinion and Order. The timeframe for this process has remained under the applicant's control. It is not due to any delay on Deschutes County's part. 2. Recent Remand Order LUBA's Order states the following: 1 The first two appeals to LUBA were submitted by Clay and Tammera Walker, owners of property across Highway 20 from the proposed surface mine. Quality Services Performed with Pride "To summarize, remand is again necessary for (1) the county to expand the impact area to include the Flat Pasture or to identify substantial evidence in the record that supports its decision to limit the impact area to one-half mile from the proposed mine; and (2) to evaluate any conflicts with petitioners' agricultural operations in the impact area that the county designates, including whether the proposed mine would cause sage grouse to abandon the area and seek habitat on petitioners'other allotments." 4-R Equipment, on September 25, 2014, requested the Planning Division initiate the remand process and schedule a forthcoming public hearing. A work session with the BOCC is scheduled for November 5, 2014 and a hearing date for November 12, 2014. Staff is required to notify all the parties to the original proceedings of the remand hearing. Staff is also soliciting comments from the Bureau of Land Management, including issues associated with sage grouse. Those comments are forthcoming. 3. Attachments Attached with this memorandum are the following: • BOCC written decision, Document No.2010-570 • Map showing the mining site and surrounding area • LUBA Final Opinion and Order, No. 2010-082 • Applicant's remand request • Applicant's burden of proof • Letter from Roger Borine regarding agricultural use, noise, and sage grouse issues associated with the mining site • Letter from Stephen Roth regarding farming adjacent to the mine • Attachments: 1. BOCC Written Decision (Document No.2010-570) 2. Map of Mining Site and Surrounding Area 3. LUBA Final Opinion and Order (LUBA No. 2010-082) 4. Remand Request 5. Burden of Proof 6. Roger Borine Letter 7. Stephen Roth Letter QUASI-JUDICIAL HEARING OPENING PROCESS: 1. CHAIR: "This is the time and place set for hearing on a LUBA Remand of application nos. PA-04-8 and ZC-04-6." (LUBA No. 2010-082) 2. CHAIR to CDD staff: "Staff will outline the hearing procedures that will be followed." 3. CDD STAFF informs the audience as follows: • The Board of County Commissioners will take testimony and receive written evidence concerning Plan Amendment and Zone Change, PA-04-8 and ZC-04-6, and the two issues remanded by LUBA to the County. The property is located at the intersection of Highway 20 and Spencer Wells Road, west of Millican, and is identified on County Assessor's Map 19-15, as tax lots 902, 1000 and 1001. • The applicant is requesting approval of a Plan Amendment to add the subject property to the County's Goal 5 surface mining inventory of mineral and aggregate resources, and a Zone Change from Exclusive Farm Use—Horse Ridge subzone (EFU-HR)to Surface Mining (SM). These applications were previously considered and approved by the Board of County Commissioners ("BOCC") by the written decision dated September 1, 2010. That decision was appealed to the Land Use Board of Appeals ("LUBA"), which remanded the decision back to the County. • All testimony shall be directed to the Board • At the conclusion of this hearing the Board will deliberate towards a decision or continue the hearing or deliberations to a date and time certain • The hearing will proceed as follows: o staff will provide a brief report o the applicant will present its testimony and evidence o the opponent (and/or proponent) will present its testimony and evidence o any other interested persons will then present testimony or evidence o the applicant, as the party bearing the burden of proof, will then be afforded an opportunity to present rebuttal testimony o if requested by the Board, staff will provide closing comments 4. CDD STAFF: "A full written version of the hearing procedures is available at the table at the side of the room." 1 5. CDD STAFF: "Commissioners must disclose any ex-parte contacts, prior hearing observations, biases, or conflicts of interest. Does any Commissioner have anything to disclose and, if so, please state the nature of same and whether you can proceed?" 6. BOARD: The Board members will need to disclose conflicts or any ex-parte contacts and state whether they are withdrawing from the hearing or whether they intend to continue with the hearing. "Does any party wish to challenge any Commissioner (member of the hearings body) based on ex-parte contacts, biases, or conflicts?" 7. CHAIR: open the hearing and direct staff to proceed with brief staff report. E n t4 t- bam� � oM °Kos Ln C. 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F~`rte'"` T6'1•. l : : t r '►d. _- • ■ " - e :.. -1 • • • a ^ .• - • --,gip, a 4 " e..c ; �k9J a • r me a _-;.,,,,,,,41-7---= t ;r i:- w- "M it n ir. , fir,S;y.:ikL:. ¢�• �" t � ...wa�,,.�'e Bonnie Baker From: tammiew @mtaonline.net Sent: Friday, November 07, 2014 7:33 PM To: Board Cc: Paul Blikstad Subject: file numbers: PA-04-8, ZC-04-6, hearing scheduled 10-12-2014 Importance: High Good evening: I received the notice of Public Hearing scheduled for Wednesday, November 12, 2014 for the above listed file numbers. I would like to formally request that the hearing be left open for 10 days for additional testimony. Please let me know as soon as possible. My husband, Clay and I have the home across the highway from the proposed surface mine and would like some additional time to compile some data and information. Respectfully, Tammie and Clay Walker PO Box 871124 Wasilla, AK 99687 tammiew@mtaonline.net Property address: 26730 Highway 20 E Bend, OR 97701 1 C E N T R OREGON 50 sw Bond ;t.,Sie.4 I Liel Ki,()R 97/0 ) LAN DWATCH r (5A,) 64/ 99 a www.centraloregonlandwatch.org November 12, 2014 Deschutes County Board of Commissioners 1300 NW Wall St. Bend, OR 97701 Re: Remand of Nash v. Deschutes County, LUBA No. 2010-082 Deschutes County Planning File Nos. PA-04-08 and ZC-04-06 Dear Commissioners: I am writing on behalf of Central Oregon LandWatch in opposition to the proposed Plan Amendment and Zone Change. The Applicant's burden of proof on remand does not sustain its burden of proof or answer LUBA's remand direction. The Borine and Roth letters do not constitute adequate evidence on the effect of development and full operation of the Spencer Wells Mine on livestock and ranching operations. As addressed in the BLM letter responding to the Borine letter, an effects analysis has to address the most recent sage- grouse population and habitat data available. This is because of the proximity of sage-grouse habitat to the property, the declining use of the closest lek, and a connection between mining and grazing that would be considered in a NEPA cumulative effects analysis. The impacts of the proposed mining operation could be such that the BLM will have to curtail use of the Flat Pasture to avoid negative cumulative effects on sage-grouse. Mr. Borine offers opinions on impacts to sage-grouse for which he is not qualified to make, such as on"the amount of forage available for sage-grouse." He also incorrectly assumes, without foundation, that a previous BLM decision retaining historic grazing levels "contemplated sage- grouse issues." That is not what the recent BLM letter states. In fact, the BLM is in the process of using the most recent science to develop proposed management actions. The Applicant has not sustained its burden of proof on the remand issue identified by LUBA: "On remand, the county should consider...effects of the proposed mine on sage- grouse that winter in the impact area and the possibility that such effects could lead to a reduction in lands available for grazing." (LUBA Slip Op. p. 11) LUBA also identified the issue as "whether the proposed mine would cause sage-grouse to abandon the area." i. ':i ?J'';"'.7 ��'tiJ( .iri(i �(�.;i',I( r ._. 2 Not only should Flat Pasture be included in the impact area, but so should the two sage-grouse leks identified by the BLM. As sage-grouse approach being listed next year,the BLM is doing an EIS and the State of Oregon is trying to impress on US Fish and Wildlife Service that there is no need for a listing because of Oregon's rigorous land use system. In this context, where it has been three and a half years since the latest remand and eight years since the original Goal 5 analysis was done, the County should require an updating of its Goal 5 analysis on impacts to and protection of sage-grouse. The County Board of Commissioners has the authority on remand to reopen Goal 5 issues and should do so here. Very truly yours, Paul Dewey, Executive Director V Bcri i St..tits;.4 I E5c:n<_i, (DR 97702 onc,: jc4I) 647-2930 www.centraloregonlandwatch.org 1111/A*,swift Bonnie Baker From: Tom Anderson Sent: Thursday, November 06, 2014 2:24 PM To: Paul Blikstad; Nick Lelack; Laurie Craghead Subject: Fwd: Millican Mining Proposal Input Attachments: Copy of 94(1)22-34AdamsGeoVarinJoccidentalisleafoils.pdf; ATT00001.htm Sent from my iPhone Begin forwarded message: From: "Mark Corbet" <mcorbet97756( gmail.corn> To: "Board" <board(4co.deschutes.or.us> Subject: Millican Mining Proposal Input Deschutes County Board of Commissioners, The proposed mining operation on private lands near Millican Oregon appears to be at ground zero of a recently identified new variation of western juniper. The new variation was sampled and evaluated by Dr. Robert Adams of Baylor University, the author of several books on junipers of the world. I have attached a copy of study of the new tree, in fact more of a shrub. Take particular note of the contour type map and it's tiny peak right where the proposed mining site is. It should also be pointed out that the exact range of this new variation has yet to be determined as too few samples have been gathered. It may only exist in the little draw south of the highway and be in danger or it may extend far beyond that location. I hope to attend the Nov. 12 board meeting. Should anyone from your office care to learn more about this subject or speak with me, you may contact me by e-mail or call 541 280-8076. I have spent some time visually surveying the area and believe I have found some distinguishing characteristics of this plant that will help determine its full range. Thank you. Mark Corbet Redmond, Oregon i SYNOPSIS OF REPORT BY DR ROBERT P. ADAMS Published in PHYTOLOGLA (April 2012) Entitled JUNIPERUS OCCIDENTALIS FORMA CORBETII R. P. ADAMS A NEW SHRUBBY VARIANT: GEOGRAPHIC VARIATION IN LEAF ESSENTIAL OILS The purpose of this paper is to report on geographic variation in the leaf essential oil of J. occidentalis. Juniperus occidentalis is a narrowly distributed species, growing largely east of the Cascade Mts. and thence into California. Recently, a shrubby for of J. occidentalis was discovered east of Bend, OR. Careful field examination revealed that the shrubs are not just damaged (browsed, winter kill etc.) but differ from typical J. occidentalis that have a strong central axis. Overall, the leaf essential oils of populations of J. occidentalis were found to be rather uniform except for the populations at the extremity of the range and for the shrubby form east of Bend. The shrubs of J. occidentalis, 32 km east of Bend, OR on hwy 20 appear to form a natural population that is reproducing itself. Due to the apparent differences in their habit from the normal J. occidentalis trees and their genetic differences in the expression of terpenoids, the shrubby junipers are worthy of recognition as a new forma: Phytologia (April 2012) 94(1) 22 JUNIPER US OCCIDENTALIS FORMA CORBETII R.P.ADAMS,A NEW SHRUBBY VARIANT: GEOGRAPHIC VARIATION IN I..EAF ESSENTIAL OILS Robert P.Adams Biology Department,Baylor University,Box 97388,Waco,TX 76798,USA email Robert_Adams@baylor.edu ABSTRACT The volatile leaf oils of J. occidentalis were analyzed from throughout its range. The major differentiation found was the divergence of the Yolla Bolly population and the shrubby form that occurs about 30 km east of Bend, OR. The shrubby taxon is distinct in its habit and terpenes having large amounts of p-cymene (20.0) and bornyl acetate (24.5%).A new forma is named in honor of its discoverer:Juniperus occidentalis forma corbetii R.P. Adams,forma nov.Phytologia 94(1): 22-33 (April 2, 2012). KEY WORDS: Juniperus occidentalis, Juniperus occidentalis var. corbetii R. P. Adams, forma nov., J. grandis, Cupressaceae,terpenes,geographic variation. Juniperus occidentalis,J. grandis (=J. occidentalis var. australis and J. osteosperma are three very closely related junipers in the western United States (Vasek, 1966, Adams, 2011). Although Adams and Kauffmann (2010a) and Adams (2012) reported on the compositions of the leaf oil of J. occidentalis, and hybridization with J. grandis, no extensive analysis of geographic variation in the leaf essential oils was reported. Juniperus occidentalis is a narrowly distributed species, growing largely east of the Cascade Mtns. and thence into nw California (Fig. 1). Recently, a shrubby form of J. occidentalis was discovered east of Bend, OR (Fig. 2). Careful field examination revealed that these shrubs are not just damaged (browsed, winter killed, etc.), but differ from the typical J. occidentalis that have a strong central axis. Thus, it seemed opportune to include this unusual population in this study of geographical variation. Phytologia(April 2012) 94(1)23 MATERIALS AND METHODS Plant material:J. grandis,Adams 11963-11967,Jct.US 50&CA 89,38°51.086N, 120°01.244'W, 1937 m,Meyers, El Dorado Co.; CA;Adams 11968-11972, 16 km w of Sonora Jet., on CA Hwy. 108, 38° 18.289'N, 111° 35.598'W, 2585 m,Tuolumne Co.;CA. J. occidentalis, Adams 11940-11942, 12 km e of Jet. WA 14& US 97 on WA 14,45°44.392'N, 120°41.207'W, 170 m,Klickitat Co.;WA,Adams 11943-11945,2 km s of jct. US 97&US 197 on US 97,38 km ne of Madras,OR;44° 53.676'N, 120° 56.131'W, 951 m, Wasco Co., OR; Adams 11946-11948, 3 km sw of Bend, OR; on OR 372, 44° 02.390'N, 121° 20.054'W, 1132 m, Deschutes Co., OR; Adams 11949-11951, 32 km e of Bend, OR on OR 20, shrubs, 0.5 - 1m tall, 43° 53.922'N, 120° 59.187'W, 1274 m, Deschutes Co., OR;Adams 11952-11954, 14 km e of Jet. OR66 &15, on OR66,42°08.044'N, 122°34.130'W, 701 m, Jackson Co., OR;Adams 11957-11959,on CA299, 10 km e of McArthur, CA, 41° 05.313'N, 121° 18.921'W, 1091 m, Lassen Co., CA; Adams 11995-11998 (Kauffmann A1-A3, BI), Yolla Bolly-Middle Eel Wilderness, 40° 06' 34"N, 122° 57' 59W, 1815- 2000 m, Trinity Co., CA,Adams 12342-12346, 19 km WSE of Susanville, CA, on CA 36, 40° 22.178'N, 120° 50.211' W, 1570 m, Lassen Co., CA, Adams 12347-12351, on US 395, 5 km n of Madeline, 41° 05.867'N, 120" 28.456' W, 1695 m, Lassen Co.,CA.Voucher specimens are deposited in the Herbarium,Baylor University(BAYLU). Isolation of Oils - Fresh leaves (200 g) were steam distilled for 2 h using a circulatory Clevenger-type apparatus (Adams, 1991). The oil samples were concentrated (ether trap removed) with nitrogen and the samples stored at - 20°C until analyzed. The extracted leaves were oven dried(100°C,48 h)for determination of oil yields. Chemical Analyses-Oils from 10-15 trees of each of the taxa were analyzed and average values reported. The oils were analyzed on a HP5971 MSD mass spectrometer, scan time 1/ sec., directly coupled Phytologia (April 2012) 94(1)25 to a HP 5890 gas chromatograph,using a J&W DB-5,0.26 mm x 30 m,0.25 micron coating thickness,fused silica capillary column (see 5 for operating details). Identifications were made by library searches of our volatile oil library (Adams, 2007), using the HP Chemstation library search routines, coupled with retention time data of authentic reference compounds. Quantitation was by FID on an HP 5890 gas chromatograph using a J & W DB-5, 0.26 mm x 30 m,0.25 micron coating thickness,fused silica capillary column using the HP Chemstation software. Data Analysis-Terpenoids(as per cent total oil) were coded and compared among the species by the Gower metric (1971). Principal coordinate analysis was performed by factoring the associational matrix using the formulation of Gower(1966)and Veldman(1967). RESULTS AND DISCUSSION The volatile leaf oil of J. occidentalis is dominated by sabinene,p-cymene, citronellol and bornyl acetate (Table 1). The leaf oil from the Yolla Bolly population is atypical in having more sabinene(20.4%),with a few compounds in common with J. grandis from Big Bear (verbenene, unknown 1389, Table 1). The shrubs east of Bend, OR have large amounts of p-cymene(20.0)and bornyl acetate(24.5%). Principal coordinates analysis using 42 terpenoids resulted in eigenroots that accounted for 22, 15 and 15% of the variance. Ordination of the populations shows coordinate 1 separates the Yolla Bolly population from the other populations(Fig. 3).The shrubs east of Bend are clearly separated(Fig. 3). Contoured clustering shows (Flg. 4) the sharp differentiation between the typical pyramidal trees at Bend and the shrubs east of Bend and the divergence of the Yolla Holly(YB)population,joining last at a 0.670 similarity. Small amounts of differentiation is seen on the margins of the central region at Susanville,CA(Sv),Ashland,OR(As)and to a larger degree,the Klickitat,WA(Kw)population(Fig. 4). The oils of J. occidentalis appear to be very uniform throughout its range in eastern Oregon(Fig.4).Phytologia(April 2012) 94(1)26 Overall, the leaf essential oils of populations of J. occidentalis were found to be rather uniform except for the populations at the extremity of the range,and for the shrubby form east of Bend. Juniperus occidentalis forma corbetii R. P. Adams, forma nov. TYPE: United States, Oregon, Deschutes Co., 32 km e of Bend, OR on OR 20, shrubs, 0.5 - 1m tall,43° 53.922'N, 120° 59.187'W, 1274 m, OR; 4 Aug 2009,Adams 11949 (HOLOTYPE: BAYLU,TOPOTYPES: Adams 11950, 11951, BAYLU),Fig. 6. Junipero occidentali similis sed differt habitu fruticoso et foliis confertim dispositis. Similar to Juniperus occidentalis but differing habit,being a shrub with compact foliage. The typical variety with a strong central axis and pyramidal crown grows on a nearby hillside, whereas f. corbetii grows along a dry wash on a mix of lava and sand. No female cones were found in this population. ACKNOWLEDGEMENTS Thanks to Mark Corbet for sharing his discovery of this new shrub form with me and assistance in the field. Thanks to Guy Nesom for providing the Latin description. Thanks to Tonya Yanke for lab assistance. This research was supported in part with funds from Baylor University. LITERATURE CITED Adams,R. P. 1982.A comparison of multivariate methods for the detection of hybridization. Taxon 31: 646-661. Adams,R.P. 1991.Cedarwood oil-Analysis and properties.pp. 159-173. in: Modern Methods of Plant Analysis, New Series: Oil and Waxes.H.-F. Linskens and J.F.Jackson,eds. Springler-Verlag,Berlin. Adams,R.P. 2007.Identification of essential oil components by gas chromatography/mass spectrometry. 2nd ed. Allured Publ.,Carol Stream,IL. Adams,R.P. 2012.Geographic variation in the leaf essential oils of Juniperus grandis(Cupressaceae)II.Phytologia 94: 3-21. Adams,R. P. and M. E.Kaufmann.2010a. Geographic variation in the leaf essential oils of Juniperus grandis and comparison with J. occidentalis and J. osteosperma. Phytologia 92: 167-185. Adams,R. P. and M. E.Kauffmann.2010b.Geographic variation in nrDNA and cp DNA of Juniperus californica, J. grandis,J. occidentalis and J. osteosperma(Cupressaceae).Phytologia 92: 266-276. Gower,J.C. 1966. Some distance properties of latent root and vector methods used in multivariate analysis. Biometrika 53: 326-338. Gower,J.C. 1971.A general coefficient of similarity and some of its properties.Biometrics 27: 857-874. Terry,R.G.2010.Re-evaluation of morphological and chloroplast DNA variation in Juniperus osteosperma Hook and I occidentalis Ton.Little(Cupressaceae)and their putative hybrids.Biochem. Syst.Ecol. 38:349-360. Terry,R.G.,R. S.Novak and R.J.Tausch. 2000. Genetic variation in chloroplast and nuclear ribosomal I)NA in Utah juniper(Juniperus osteosperma(Cupressaceae): Evidence for interspecific gene flow.Am.J.Bot. 87: 250- 258. Vasek,F.C. 1966.The distribution and taxonomy of three western junipers.Brittonia 18: 350-372. Veldman D.J. 1967.Fortran programming for the behavioral sciences.Molt,Rinehart and Winston Publ.,NY. JUNIPERUS OCCIDENTALIS, VAR. CORBETII, ORIGINAL SAMPLE TAKEN HERE BY DR. ROBERT ADAMS, PROFESSOR AT BAYLOR UNIVERSITY 6I � ` �. ` c�• 44' 2 4 � � --- � 4\ _ ,' ' ` ..._._ ':` , , ;.......... --•'-‘, L, , , ,,, . , \ , ... „,,,.. „ , ; ,,• \\.,,,,,,.,,,,,..\\,..: , 6 -. .,„.._. :,. ,,..., , '�-.--\ 4+ Coyote �..\-\111\\\��l \.��... �•. ,,..„ • ........ ......== � '. well virv\ . • •4'''::ny _ ,..._-.',� ..:.t. j• ice \�•° 1 25 2 ,; P J� r • I r 4 I ! ZUSGS s ,.,a .. • fit. - vT d:•s. rF wtY. "a. y ,a r t7 'a . . / h t 1, °5 " . 'yam •.'X -•y ::S, iii iC ~~fir "06.6 '" ..• - ^. r :...e. { 4 • •• 3. K 01. t �0 e• A i ? ,x. � i a! t f".....„.1.,.,..;:-. 7 JUNIPERUS OCCEDENTALIS VAR. CORBETII APPROX. TWO FEET TAIL ESTIMATED AGE 80 YEARS %., WA _- Clustering OR 0 .751 42 ter penes t Bend if ( 0 ti Bu rn 144 ‘ '' Bs _850 0 .850 9 15 .813 Ash I fshrubs OR As 1 CA ' NV Iliii\ir 0I# H i j .80 460. 4 Reddin• 441 .870 .797 Sy ,04 *YB 0 22 Phytologia (April 2012) 94(1) JUNIPER US OCCIDENTALIS FORMA CORBETII R. P. ADAMS, A NEW SHRUBBY VARLANT: GEOGRAPHIC VARIATION IN LEAF ESSENTIAL OILS Robert P. Adams Biology Department, Baylor University, Box 97388, Waco, TX 76798, USA email Robert Adams@baylor.edu ABSTRACT The volatile leaf oils of J. occidentalis were analyzed from throughout its range. The major differentiation found was the divergence of the Yolla Bolly population and the shrubby form that occurs about 30 km east of Bend, OR. The shrubby taxon is distinct in its habit and terpenes having large amounts of p-cymene (20.0) and bornyl acetate (24.5%). A new forma is named in honor of its discoverer: Juniperus occidentalis forma corbetii R. P. Adams, forma nov. Phytologia 94(1): 22-33 (April2, 2012). KEY WORDS: Juniperus occidentalis, Juniperus occidentalis var. corbetii R. P. Adams, forma nov., J. grandis, Cupressaceae, terpenes, geographic variation. Juniperus occidentalis, J. grand's (=J. occidentalis var. australis and J. osteosperma are three very closely related junipers in the western United States (Vasek, 1966, Adams, 2011). Although Adams and Kauffmann (2010a) and Adams (2012) reported on the compositions of the leaf oil of J. occidentalis, and hybridization with J. grand's, no extensive analysis of geographic variation in the leaf essential oils was reported. Juniperus occidentalis is a narrowly distributed species, growing largely east of the Cascade Mtns. and thence into nw California (Fig. 1). Recently, a shrubby form of J. occidentalis was discovered east of Bend, OR (Fig. 2). Careful field examination revealed that these shrubs are not just damaged (browsed, winter killed, etc.), but differ from the typical J occidentalis that have a strong central axis. Thus, it seemed opportune to include this unusual population in this study of geographical variation. l'hylologia (April 2012) 94(1) 23 --,—........ WA _ ak_ , ' ---=v--• OR , i 1 f iv/ I .71 / 4 0 • + , ,7 / • - - - , - . . L ID \ CA ' .,.. . ...- , NV • , . ./ / „.f• J. occidentalis \\, YolPlIa‘l Bolly I\\\ Figure 1. Distribution of J. occidentalis modified from Vasek (1966) and Adams (2011) showing sampled areas (dots). Note the southwestern-most population at Yolla Bolly (Trinity Alps, CA). 0 Ph e*,,.. ' .1146 At ''''' „^".• ' ' * v' It' ' 4bW ' ' . ,..._.1 .rt **** .; .,:'''t;t• .., . '* "rt.:V*4‘1r ■ , '''.. .■,. 4.,"L. ' ■:' ' ir- "-.f : a. J `44014/ ' ' , ,r434.1)0.%,i0E, ,. „ot+H,•%,-4;-.•i ,'"V • , -" '.'-4 . ' ';".-;'V.+?sht•w lt,'- ;-4.-i •• •, - . -,, .• , —4''- 2 „ :-.- ..,.:-- oi. • „4, , _ „r,„,,,,:•_.,,,` , , ,.• Pk'r'''':' ' 0r- .z,*..., ..rok ',:k• 4 • Figure 2. Nlark Corbet with a shrubby form of J. occIdentalis, 32 km east of Bend, OR (cf. Adams 11949-11951). 24 Apologia (April 2012) 94(1) The purpose this paper is to report on geographic variation in the leaf essential oil of J. occidentalis. hybridization with J. osteosperma in ne California and nw Nevada (Vasek, 1966, Terry, 2010; Terry et al. 2000) is beyond the scope of this paper. MATERIALS AND METHODS Plant material: J. grandis, Adams 11963-11967, Jet. US 50 & CA 89, 38° 51.086N, 120° 01.244'W, 1937 m, Meyers, El Dorado Co.; CA; Adams 11968-11972, 16 km w of Sonora Jet., on CA Hwy. 108, 38° 18.289'N, 111° 35.598W, 2585 m, Tuolumne Co.; CA. J. occidentalis, Adams 11940-11942, 12 km e of Jet. WA 14 & US 97 on WA 14, 45° 44.392'N, 120° 41.207W, 170 m, Klickitat Co.; WA, Adams 11943-11945, 2 km s of jct. US 97 & US 197 on US 97, 38 km ne of Madras, OR; 44° 53.676'N, 120° 56.131W, 951 in, Wasco Co., OR; Adams 11946-11948, 3 km sw of Bend, OR; on OR 372, 44° 02.390'N, 121° 20.054'W, 1132 in, Deschutes Co., OR; Adams 11949- 11951, 32 km e of Bend, OR on OR 20, shrubs, 0.5 - lm tall, 43° 53.922'N, 120° 59.187'W, 1274 m, Deschutes Co., OR; Adams 11952- 11954, 14 km e of Jet. OR66 & 15, on OR66, 42° 08.044'N, 122° 34.130W, 701 m, Jackson Co., OR; Adams 11957-11959, on CA299, 10 km e of McArthur, CA, 41° 05.313'N, 1.21° 18.921'W, 1091 m, Lassen Co., CA; Adams 11995-11998 (Kauffmann 241-A3, BI), Yolla Bolly-Middle Eel Wilderness, 40° 06' 34"N, 122° 57' 59W, 1815- 2000 m, Trinity Co., CA, Adams 12342-12346, 19 km WSE of Susan.ville, CA, on CA 36, 40° 22.178'N, 120° 50.211' W, 1570 in, Lassen Co., CA, Adams 12347-12351, on US 395, 5 km n of Madeline, 41° 05.867`N, 120° 28.456' W, 1695 in, Lassen Co., CA. Voucher specimens are deposited in the Herbarium, Baylor University (BAYLU). Isolation of Oils - Fresh leaves (200 g) were steam distilled for 2 h using a circulatory Clevenger-type apparatus (Adams, 1991). The oil samples were concentrated (ether trap removed) with nitrogen and the samples stored at -20°C until analyzed. The extracted leaves were oven dried (100°C, 48 h) for determination of oil yields. Chemical Analyses - Oils from 10-15 trees of each of the tax.a. were analyzed and average values reported. The oils were analyzed on a HP5971 MSD mass spectrometer, scan time 1/ sec., directly coupled Phytologia (April 2012) 94(1) 25 to a HP 5890 gas chromatograph, using a J & W DB-5, 0.26 mm x 30 in, 0.25 micron coating thickness, fused silica capillary column (see 5 for operating details). Identifications were made by library searches of our volatile oil library (Adams, 2007), using the HP Chemstation library search routines, coupled with retention time data of authentic reference compounds. Quantitation was by FID on an HP 5890 gas chromatograph using a J & W DB-5, 0.26 mm x 30 m, 0.25 micron coating thickness, fused silica capillary column using the HP Chemstation software. Data Analysis - Terpenoids (as per cent total oil) were coded and compared among the species by the Gower metric (1971). Principal coordinate analysis was performed by factoring the associational matrix using the formulation of Gower (1966) and Veldman (1967). RESULTS AND DISCUSSION The volatile leaf oil of J. occidentalis is dominated by sabinene, p-cymene, citronellol and bornyl acetate (Table 1). The leaf oil from the Yolla Bolly population is atypical in having more sabinene (20.4%), with a few compounds in common with J. grandis from Big Bear (verbenene, unknown 1389, Table I). The shrubs east of Bend, OR have large amounts of p-cymene (20.0) and bornyl acetate (24.5%). ,� 'p. 3Z Principal coordinates analysis using 42 terpenoids resulted in eigenroots that accounted for 22, 15 and 15% of the variance. Ordination of the populations shows coordinate 1 separates the Yolla Bolly population from the other populations (Fig. 3). The shrubs east of Bend are clearly separated (Fig. 3). Contoured clustering shows (FIg. 4) the sharp differentiation. between the typical pyramidal trees at Bend and the shrubs east of Bend and the divergence of the Yolla Bolly (YB) population, joining last at a 0.670 similarity. Small amounts of differentiation is seen on the margins of the central region at Susanville, CA (Sv), Ashland, OR (As) and to a larger degree, the Klickitat, WA (Kw) population (Fig. 4). The oils of J. occidentalis appear to be very uniform throughout its range in eastern Oregon (Fig. 4). 26 .Phytologia (April 2012) 94(1) 2(15%) PCO 42 terpenes Bs shrubs Yolla Bally Ws Mc Ju* Bn As SH • Kw 1,/,' 1( 2�%�) 5v 3(15%) Figure 3. PCO based on 42 terpenes of 10 populations of J. occidentalis. Sv = Susanville, CA, Kw = Klickitat, WA, SH = Sage Hen Pass, CA, Ju = Juntura, OR, Mc = McArthur, CA, Ws . Wasco, OR, Bn = Bend, OR, As = Ashland, OR, Bs shrubs = shrubs, east of Bend, OR. Because hybridization was found in the Beckwourth, CA area (Adams, 2012), it seemed important determine if any of the J. occidentalis populations show any evidence of increased similarity to J. grandis. suggestive of introgression. PCO ordination between J. occidentalis and J. grandis shows no intermediate J. occidentalis populations (Fig. 5), although the Yolla .Bolly population shows some increased similarity to J. grandis (as reported by Adams, 2012). Overall, the leaf essential oils of populations of J. occidentalis were found to be rather uniform except for the populations at the extremity of the range, and for the shrubby form east of Bend. Phyiologia (April 2012) 94(1) 27 ,,,, \ Contoured '‘.a WA - , _ Clustering C R _ 1T _ Kw 7 .751 42 terpenes• 0 V fr ws j c2 6 - 1Bend I r (Lt4� Burns jkiii444444:\411-"1411\11 shrubs '' —7—)11---// 850 789 .85} • 1 .813 Ash . R CA ' NV i sod 411k/H Redden‘ .670 -797 Sv 4.1 *YB Figure 4. Contoured clustering based on 42 terpenes. See Fig. 3 for population identities. 28 Phytologia (April 2012) 94(1) 2(6%) PCO 57 terpenes grandis cccidentalis 4 YB /i 111111111 PP 3(5%) Figure 5. PCO based on 57 terpenes showing clear differentiation between J. occidental's and J. grand's. YB is the Yolla Bolly population. The shrubs of J. occidental's, 32 km east of Bend, OR on hwy 20 appear to form a natural population that is reproducing itself. Due to the apparent differences in their habit from the normal I occidentalis trees and their genetic differences in the expression of terpenoids, the shrubby junipers are worthy of recognition as a new forma: Phytologia (April 2012) 94(1) 29 Juniperus occidentalis forma corbetii R. P. Adams, forma nov, TYPE: United States, Oregon, Deschutes Co.. 32 km e of Bend, OR on OR 20, shrubs, 0.5 - lm tall, 430 53.922'N, 120° 59.1.87'W, 1274 m, OR; 4 Aug 2009,Adams 11949 (HOLOTYPE: BAYLU. TOPOTYPES: Adams 11950, 11951, BAYLU), Fig. 6. Junipero occidentali similis sed differs habitu fruticoso et foliis confertim dispositis. Similar to Juniperus occidentalis but differing habit, being a shrub with compact foliage. The typical variety with a strong central axis. and pyramidal crown grows on a nearby hillside, whereas f. corbeiii grows along a dry wash on a mix of lava and sand. No female cones were found in this population. ACKN OWLEDGEMENTS Thanks to Mark Corbet for sharing his discovery of this new shrub form with me and assistance in the field. Thanks to Guy Nesom. for providing the Latin description. Thanks to Tonya Yanke for lab assistance. This research was supported in part with funds from. Baylor University. LITERATURE CITED Adams, R. P. 1982. A comparison of multivariate methods for the detection of hybridization. Taxon 31: 646-661. Adams, R. P. 1991. Cedarwood oil - Analysis and properties. pp. 159- 173. in: Modern Methods of Plant Analysis, New Series: Oil and Waxes. H.-F. Linskens and J. F. Jackson, eds. Springier- Verlag, Berlin. Adams, R. P. 2007. Identification of essential oil components by gas chromatography/mass spectrometry. 2nd ed. Allured Publ., Carol Stream, IL. Adams, R. P. 2011. The junipers of the world: The genus Juniperus. 3rd ed. Trafford Publ., Victoria, BC. 30 Phytologia (April 2012) 94(1) Adams, R. P. 2012. Geographic variation in the leaf essential oils of Juniperus grandis (Cupressaceae) II. Phytologia 94: 3-21. Adams, R. P. and M. E. Kaufmann. 2010a. Geographic variation in the leaf essential oils of Juniperus grandis and comparison with J. occidentalis and J. osteosperma. Phytologia 92: 167-185. Adams, R. P. and M. E. Kauffmann. 2010b. Geographic variation in nrDNA and cp DNA of Juniperus californica, J. grandis, J. occidentalis and J. osteosperma (Cupressaceae). Phytologia 92: 266-276. Gower, J. C. 1966. Some distance properties of latent root and vector • methods used in multivariate analysis. Biometrika 53: 326-338. Gower, J. C. 1971. A general coefficient of similarity and some of its properties. Biometrics 27: 857-874. Terry, R. G. 2010. Re-evaluation of morphological and chloroplast DNA variation in Juniperus osteosperma Hook and J. occidentalis Tom Little (Cupressaceae) and their putative hybrids. Biochem. Syst. Ecol. 38: 349-360. Terry, R. G., R. S. Novak and R. J. Tausch. 2000. Genetic variation in chloroplast and nuclear ribosomal DNA in Utah juniper (Juniperus osteosperma (Cupressaceae): Evidence for interspecific gene flow. Am. J. Bat. 87: 250-258. Vasek, F. C. 1966. The distribution and taxonomy of three western junipers. Brittonia 18: 350-372. Veldman D. J. 1967.. Fortran programming for the behavioral sciences. Holt, Rinehart and Winston Publ., NY. Phytologia (April 2012) 94(1) 31 Table 1. Leaf essential oil compositions for three populations of J. occidentalis, (Mc Arthur, CA, shrubs, e of Bend, OR, and Yolla. Bolly, Y Bol) plus J. grandis from Big Bear, San Bernardino Mtns., CA. Compounds in boldface appear to separate taxa and were used in numerical analyses. KT - Kovats Index (linear) on. DB-5 column. Compositional values less than 0.1% are denoted as traces (t). Unidentified components less than 0.5% are not reported. For unknown compounds, four ions are listed, with the largest ion underlined. KI Compound occid occid occid grandis p nd Mc Art shrub Y Bol Big Bea 921 tricyclene .... 1.1 1.7 t. ..... ... 03.. ... ..,, 924 a thujene 1.0 0.9 . 1.8 2.3 932 i a pinene 5.0 , 1.8 5.1 7.1 945 a-fenchene t t - 0.2 946 camphene 1.0 , ...1 _. ;.... .0 3...,.. 0.3 p • 953 ; thuja 2,4-diene - - 961 verbenene - - 0.7 0.3 969 sabinene 12.0 i 7.4 20.4 24.3 974 13„pinene 0.4 } 0.2 0.7 0,5 y - 0.6 0.3 0.1 988 myrcene 1.3 1.1 3.0 1.7 1001 S 2-carene #.. . .... 1002 a-p hellandrene 0,8 1 0.5 1.2 0 4 10081 83carene 1.0 0.6 4.4 2.8 1014 a terpinene 1 7 ...._ 1 5 3.2 3.0 occid accid amid grandis KI Compound Mc Art; shrub Y Bol Big Bear 1020€ c mane 10.7 i 20.0 i 5.5 , 6.5 1024` limonene 0.9 0.7 0.7 1.6 10251 P hellandrene 3.5 2.0 6 7 1.5 p. 1044 (E)-J3 ocimene 0 1 t 0.5 0.3 1054 Y ter p inene 3.0 2.5 5.3 4.9 1065- cis sabinene hydrate 0 9 0 4 1 2 1.9 1086 terpinolene 1.3 1 4 2 4 1 9 1095 trans sabinene hydrate 0.7 t t 1.8 10951 linalool 0.5 1.6 1.5 - 1100 55,83,110,156 unknown 0.3 } .. .. - - 1112 trans-thujone t ,., t.... 0.2 1118 cis-p-menth 2-en 1 o I 0.7 0.6 1.0 i 0,7 32 Phytologia (April 2012) 94(1) occid , occid occid grandis KI Compound Mc Art! shrub Y Bol Big Bear 1136 trans-p-menth-2-en 1-oI 0,9 0.6 0.9 0.8 1141 camphor 2.5 , 1.3 j.... ... .... 1...2.. . 0 o . ..... ; 1145 camphene hydrate 2... ....,... ..y ? :. 1154: sabina ketone 0.4 i 0.6 0.3 0.9 1165. borneol 2.2 . 1.9 t 0.1 1166 coahuilensol 0.6 0.7 2.4 - 1174 terpinen-4-ol 6.7 6.7 9.8 9.3 1179 p-cymen-8-ol 0.5 1.9 0.9 1.0 1186 a terpineol 0 4 0.3 0.5 0.3 1195 myrtenol 0.2 1195; cis-piperitol 0.2 t 0.1 0.2 1207; trans i eritol 0 3 t 0 5 0 6 1219' coahuilensol, me-ether 1.1 0.6 ' 2.7 . 1223' citronellol ' 8.4 - 0.2 1230 y trans-ch . . ...... .. .. ... ... ......, rysanthenyl - - 0.4 acetate 1238` cumin aldehyde 0.2 0 3 0 7 0 3 1249; piperitone 0 2.... 0.1 0 5 1253. trans-sabinene hydrate - - 0.6 acetate 1254; linalool acetate 0.1 ... . 0.4 0.1 - 1257 methyl citronellate - 0 1 1260? 152,123,77,109, 010 OH 0.2 1284: bornyl acetate... ...._ . _.._9M ..._. _24 .__.p..__t____ 22._... . 1298; carvacrol 0.4 0.3 0.7 0.2 1322; methyl geranate 1.0 0.5 0 8 1 8 1325', p-mentha-1 4-dien-7-ol . .t 0.3 01 0.7 occid occid occid grandis , Mc Art Bol Big Bear shrub Y , KI Mc A Compound ... .. ..,.... 1345` a-cubebene t t t t 1374 a-copaene 1.0 - 0.6 0.2 1387 p-bourbonene 0 2 t t 0.3 1388; 79,43,91,180, unknown • - - 0.1 - 1389 111,81,151,182, - - 0.1 0.4 unknown 1417` (E) caryophyllene - 0.2 1429 .. c is thujops ene 0.9 t 1430:w -copaen e ;, 1448 cis-muurola 3,5-diene - 0.2 Phytologia (April 2012) 94(1) 33 occid occid occid grandis KI Compound Mc Art' shrub Y Bol Big Bear 1451 trans-muurola-3,5-diene 0.1 t 0.1 - 1452: a-humulene - - - - .... ..... - t t o,. 1465. cis-muurola-4,5-diene 0.1 0.1 1468 pinchotene acetate 0.6 0.6 2.0 - 1471 . 121,105,180,20$ phenol 0.3 1471 dauca-5,8-diene - - - 0.2 1475 trans-cadina-1(6),4- 0.3 t t - diene y-muurolene 0.8 0.4 0.1 0 ' 1478 2 1484 ermacrene D 0 3 t t 0.3 1491 43,207,161,222, C15-OH - - - 0.3 1493 trans-muurola-4(14),5- 0.4 t 0.7 0.2 diene 1493 epi-cubebol 0.4 t 0.4 0.5 1500 a-muurolene 1.1 0.5 0.6 - 1513 y-cadinene 3.7 1.4 1.8 1.2 1518 epi-cubebol 0.4 0.4 t 1.5 1521 trans-calamenene - 2 3 .,, 1522 8-cadinene 4.1 1.9 2.2 - s. 1533 trans cadina 1,4-diene 0.1 - t 0.1 1537 a-cadinene 0.4 - t 0.2 15441 a-calacorene 0.3 - t - ? 1548.. elemoi - ' 0.4 - 0.9 1559, germacrene B 0.1 1561 . 1 nor bourbonanone 1.1 1574 germacrene D-4 oI 0.6 t 0.5 1582; caryophyllene oxide 0 3 1586E gleenol 0.3.. . . t . . t 1587;. trans-muurol-5-en-4-a-ol - - - t occid , occid occid grandis KI Compound Mc Art shrub Y Bol Big Bear 1607,: p-oplopenone 0.4 r t ' 0.4 0.8 1618' 1,10-di-epi-cubenol 0.2 t t , - 1627 1_e i-cubenol 1.6 0.7 , 1.3 : 0 5., .. . .. ,, 1630` eudesmol t - t 1638 e p- - i a cadinol 1.1 0.5 0 4 0 6 1638;. epi-a-muurolol 1 2 ; 0.5 0 6 0.6 4 16441 a-muurolol . 0.7 t t 0.1 34 Phytologia (April 2012) 94(1) occid occid. occid grandis KI Compound p Big Bear d Mc Art shrub Y Bol 1649" 0-eudesmol - 0.9 - 0.2 1652 a-eudesmol - - - 0.6 1652 a-cadinol 1.8 1.0 0.8 0.7 cadalene D.3 .... . ;. 167 5 ca. t t 0.1 1687; .. . .. . .., ......, 43,1671 811 238, unknown - 0.3 1739 0 .lo anone 0.2 P p ' 1987 manoyl oxide ; 3.2 3.0 1 0 t . ... ............... 2009: epi-13-manoyl oxide t t t JTEs % O 0 f 1" -< Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, NOVEMBER 12, 2014 Commissioners'Hearing Room-Administration Building- 1300 NW Wall St., Bend 1. 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 Board Signature of Order No. 2014-028, Accepting the Petition and Setting the Date for a Public Hearing on the Annexation of Pine Forest Development, LLC Property into the La Pine Rural Fire Protection District --John Laherty, County Counsel Suggested Action: Move Board signature of Order No. 2014-028. 4. CONSIDERATION of Board Signature of Order No. 2014-029, Accepting the Petition and Setting the Date for a Public Hearing on the Annexation of Pine Forest Development, LLC Property into the Four Rivers Vector Control District —John Laherty, County Counsel Suggested Action: Move Board signature of Order No. 2014-029 Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2014 Page 1 of 5 5. A PUBLIC HEARING on a LUBA Remand on the Millican Mining Site Decision —Paul Blikstad, Community Development Suggested Actions: Open public hearing and take testimony; deliberate if appropriate. CONSENT AGENDA 6. Board Signature of Document No. 2014-236, an Industrial Lease of Bare Land. in the La Pine Industrial Park to Jeffrey Kaufman 7. Board Signature of Document No. 2014-528, an Intergovernmental Agreement with High Desert Education Service District regarding the Healthy Families of the High Desert Program 8. Board Signature Board Signature of Resolution No. 2014-130, Transferring Appropriations within the Public Health and Behavioral Health Funds 9. Board Signature of Resolution No. 2014-131, Transferring Appropriations in the North County Services Building Fund 10. Board Signature of Resolution No. 2014-132, Transferring Appropriations in the Sheriffs Office and Countywide Law Enforcement District #1 Funds 11. Board Signature of a Letter Reappointing Thomas Schuchardt to the Deschutes County Dog Control Board of Supervisors, through June 30, 2016 12. Board Signature of a Letter Reappointing Bruce Barrett to the Deschutes County Budget Committee, through December 31, 2017 13. Approval of Minutes: • Business Meetings of October 27 and 29, and November 5, 2014 • Work Sessions of October 27 and 29, and November 5, 2014 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Board Signature of a Letter Reappointing Bruce Barrett to the Deschutes County 911 County Service District Budget Committee, through December 31, 2017 Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2014 Page 2 of 5 15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT (#1) 16. CONSIDERATION of Board Signature of a Letter Reappointing Bruce Barrett to the Deschutes County Countywide Law Enforcement District Budget Committee, through December 31, 2017 17. CONSIDERATION of Board Signature of Resolution No. 2014-132, Transferring Appropriations in the Sheriffs Office and Countywide Law Enforcement District #1 Funds CONVENE AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT DISTRICT (#2) 18. CONSIDERATION of Board Signature of a Letter Reappointing Bruce Barrett to the Deschutes County Rural Law Enforcement District Budget Committee, through December 31, 2017 CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 19. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 20. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 21. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2014 Page 3 of 5 Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to bonnie.baker @deschutes.org. 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 are 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.) Tuesday, November 11 Most County offices will be closed to observe Veterans'Day Wednesday, November 12 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, November 13 12 noon Audit Committee Meeting Monday, November 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, November 27 Most County offices will be closed to observe Thanksgiving Friday, November 28 Most County offices will be closed(unpaid day) Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2014 Page 4 of 5 Monday, December 1 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session —could include executive session(s) Tuesday, December 2 3:30 p.m. Local Public Safety Coordinating Council Meeting 6:30 p.m. Joint Meeting with Redmond City Council, Redmond City Hall Wednesday, December 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, December 15 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, December 16 10:00 a.m. 911 Executive Board Meeting, at 911 Thursday, December 18 7:30 a.m. Annual Meeting with Sunriver Service District Board, at Sunriver Thursday, December 25 Most County offices will be closed to observe Christmas Monday, December 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session —could include executive session(s) Wednesday, December 31 1:30 p.m. (Tentative) Administrative Work Session Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2014 Page 5 of 5