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2016-557-Minutes for Meeting September 25,1979 Recorded 12/8/2016DESCH TES COUNTY OFFICIAL UBLANKENSHIP, COUNTY CLERKS u 20�6'��I NANCY COMMISSIONERS' JOURNAL 12/08/2016 02:16:23 PM IHIM11111111111111111111 Do not remove this page from original document. Deschutes County Clerk Certificate Page BOARD OF COUNTY COMMISSIONERS September 25, 1979 - DAILY MINUTES - Hearing on Tumalo Irrigation District Surface Mining Chairman Shepard opened the meeting at 10:00 a.m.with:call three Commissioners present. Also present were: Max Merrill representing the residents in oppo- sition to the building of this pit; Mr.Atek Johnson, organizer of the pit and Monty Kennedy and a number of residents. Chairman Shepard explained to the audience that this hearing was an appeal of a land use decision denied by the planning commission. Chairman Shepard outlined the procedures that the hearing would take with reference to PL -9. Planning department staff member came into the hearing to read the findings of fact by the staff and read the' conclusions by the staff. After reading the findings and the conclusions, a new exhibit was introduced to the file; a letter from Mr. Thomas and Vivien Curtis, neighbors to the proposed pit, exhibit V. Mr. Johnson presented to the Board of number of maps of the proposed site and a brief explanation of all of them. Mr. Johnson showed the Board where the 10 -acre site will be in reference to the residents of the area and the other pits. Mr. Johnson then went on to tell the Board that after the area has been mined that the area will look much better than it did before it was mined. Mr. Johnson then intro- duced Mr. Monty Kennedy representing the district. Mr. Kennedy went over some of the history of the application. Mr. Kennedy said that the planning commission made their decision based on what the hearings officer typed up as his findings of fact which he felt were inadequate. Mr. Kennedy addressed the noise and dust factors which had been brought up in the earlier hearing between the planning department and these gentlemen. He said that there will be a minimal impact on the area regarding these two factors but they won't grow necessarily to be a big environmental impact. Mr. Kennedy said that Mr. Mark Lazwell could better explain these things to the Board. Commissioner Paulson asked Mr. Kennedy about the berm toward the pit site and Mr. Kennedy showed him a map which would explain where it would be. Mr. Kennedy showed Exhibit J to the Board in which the nearest residence could be seen down a hill from the pit where it could not be seen.Commissioner Paulson asked if the burn(?) would be a part of the reclamation project when it came time to reclaim the property. Mr. Kennedy said it would moving it to the west. Mr. Kennedy said that hours would be held very strictly and if it should be too noisy or too dusty the requirements would be increased. Mr. Kennedy addressed property values. He said that the property values in that area have been going down for some time due to the other pits in the area. He did not feel that another pit would make that much difference to the values. Mr. Kennedy said that the addition of this pit would not decrease property values. Commissioner Paulson asked that if in the reclamation proposal if the replanting of trees was included. At this time it is not, but Mr. Johnson explained that if the Board deemed it necessary, it could be added to the project. Mr. Lazwell explained that any area disturbed by the mining operation will be reclaimed at the end of the project. Max Merrill representing the residents and opponent to the project came forward. Mr. Merrill stated that he felt that the hearings officer and the planning commission were correct in their findings of fact and conclusions. Mr. Merrill stated these reasons: 1. property value; 2. impact on the area; Mr. Merrill read the ordinance in regard to the impact to the land on the site; this operation should have minimal impact due to property value, livability, permissible development of the surrounding area. Mr. Merrill asked the Board to review the many letters, the maps etc. concerning this project. Mr. Merrill told the Board that the land is developing industrially where people would like to live there. Mr. Merrill asked the Board to think on if a gravel pit is needed now at the present time. Mr. Merrill addressed the DEQ. It was stated in the findings that the DEQ would take care of the noise and dust problem in the area. Mr. Merrill stated that there is proof that the DEQ would not take care of the problems that arise and need to be taken care of. Mr. Merrill stated that surface mining is a way to build up funds to finance a project. The residents and the Board were to get together and see what they could come up with rather than have the surface mining going on. To his knowledge, that has not happened. Mr. Merrill stated that there were numerous residents at the hearing rather than coming at the the set time today to appeal it as it was inconvenient to them. Commissioner Young asked how many of the residents out in Tumalo get their water from the Tumalo Water District. Mrs. Vedder said approximately 12 to 15 percent. Jim Curl stated that the Bend Aggregate pit out there on the site is nearly depleted. He said that all would happen now with that pit is to take in a front loader and get the rest of the gravel out. Mr. Johnson presented a map to the Board of Commissioners in regard to the way the area has grown in the past three years. He says there has been some talk about waiting to mine that area. Mr. Johnson takes the position that if the area is not mined now it never will be for some developer will develop the land and build some nice subdivisions on it. Commissioner Paulson asked about the reclamation period and the time of the permit. The transcripts show that it is a 1 year permit. Mr. Johnson explained that it is a 2 year recla- mation permit. It is broken down into 1 -year periods. All the land reclaiming and replanting will be down within the two year limit. Mr. Johnson had a few words to say in relation to regard to Mr. Merrills statements. Mr. Johnson said that it makes a lot of sense to take gravel from where it exists, before the populace grows. Mr. Johnson stated that the impact is already on the area as set forth by the existing pits. Mr. Johnson said that he had talked to the Tumalo school principal and the principal said that he did not feel that the new pit would make much difference. Mr. George Corrigan spoke then in relation to what Mr. Johnson had just said. Number one item he chose to speak of was the principal of the Tumalo school. Mr. Corrigan said that in speaking to the principal, the principal had said that his hands were tied, more or less, by the Redmond School Board. Mr. Corrigan feels that Mr. Johnson and he are getting two positions from a man who should not be taking a position at all. Chairman Shepard asked if there were any more questions or comments from anyone on the floor or from any of the Commissioners. Since there were no more questions, a date of October 5, 1979 at 10:00 a.m. was set to have the decision made public. There being no further business this day, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS ROBERT C. PAULSON, JR., Commis ALBERT A. YOUNG, Comm /jo