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2017-836-Minutes for Meeting October 16,2017 Recorded 12/13/2017Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal CJ2017-836 12/13/2017 3:44:03 PM 1211,118011111111111111111 111111 1111 IIGLAJ1U1115 vor.r Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS Allen Conference Room Monday, October 16, 2017 Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. No representatives of the media were in attendance. CALL TO ORDER: Chair Baney opened the meeting at 3:38 p.m. ACTION ITEMS 1. Consideration of Signature of Document No. 2017-653 and 2017-654, OHA Public Health Modernization Implementation Grant Application. Muriel Brown, Crook County Public Health and Human Services Director and Dr. Baker Jefferson County Health Services along with Hillary Saraceno and Dr. George Conway of Deschutes County Health Services presented the item for consideration. Ms. Saraceno spoke on public health modernization noting citizens will receive the same services no matter where they live in the state. State has released a competitive request for proposals for grant applications for funding for communicable disease programs. The hope is for a tri -county region application with the region eligible for $500,000. If awarded the grant will fund the development and implementation of regional strategies to reduce the burden of communicable Minutes of Board of Commissioners' Work Session October 16, 2017 Page 1 of 4 diseases in Crook, Deschutes, and Jefferson counties through the formation of a Central Oregon Outbreak Prevention, Surveillance, and Response Team. The group requested permission to apply along with St. Charles Health System and Central Oregon Health Council and the Jefferson and Crook Counties. This will increase capacity and 2.8 FTE for the regional team. The three positions would sit in Deschutes County but would serve all three counties. This program timeframe is January 1, 2018 through June 30, 2019. The team would consist of a 1.0 FTE communicable disease epidemiologist and 1.8 FTE infection prevention specialist. HENDERSON: Move approval of Documents 2017-653 and 2017-654 DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes BANEY: Chair votes yes. Motion Carried 2. Consideration of Signing Project Wildfire Support Letter County Administrator Anderson presented on behalf of Senior Advisor Joe Stutter. Mr. Stutler requested the Board to consider a letter addressed to International Association of Fire Chiefs to nominate Project Wildfire for the 2018 Wildfire Mitigation Awards Nomination. Commissioner DeBone suggested revising the letter to include the number of Community Wildfire Protection Plans. The letter will also be revised to include signatures of all Commissioners instead of Chair only. HENDERSON: Move approval DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes BANEY: Chair votes yes. Motion Carried 3. Consideration of Commenting on Nomination of the Central Oregon Canal for National Register of Historic Places. Matt Martin, Community Development Department presented this item. This portion of the agenda was audio recorded. Mr. Martin noted the Board directed staff to bring this item for continued conversation on whether to provide comments Minutes of Board of Commissioners' Work Session October 16, 2017 Page 2 of 4 to the state historic commissioner for nomination of a section of the Central Oregon Canal for the National Register of Historic Places. Mr. Martin stated the State Historic Preservation Office (SHPO) recognizes there was a noticing error and has agreed to delay their deadline for review. Commissioners DeBone and Henderson toured the site on separate occasions. The Deschutes County Historic Landmarks Commission received public testimony regarding the nomination at the October 2, 2017 meeting. Comments were submitted to staff to compile and summarize. The evaluation sheet was included in the agenda packet for review. Discussion held on water in central Oregon and maintaining the existing facility. Mr. Martin stated there are two preserved segments of the canal. The charge of the advisory committee is to review the criteria of the historic value. Based on comments, a letter from the Historic Landmarks Commission to SHPO captured comments pertaining to this segment and included the role in wildlife habitat and on-going maintenance to the facility. The Board is not going to request a delay for the consideration of nomination. 4. Discussion of Application for Outdoor Mass Gathering for 4 Peaks Music Festival Cynthia Smidt, Community Development Department presented this item for discussion. This portion of the agenda was audio recorded. Ms. Smidt noted the public hearing next week and the application is staying the same but the applicant has modified the design layout to help mitigate impact to neighboring residents. Commissioner Henderson requested a copy of the map from the last event to show the changes. The application will again ask for a waiver on the ambulance and will be bringing in Adventure Medics. The Board asked to have a copy of the full packet submitted by the Miner family during citizen input at a prior business meeting. OTHER ITEMS • Budget Committee: County Administrator Anderson reported there were seven applicants received for the budget committee vacancy. The Board will review the applications. This item will be brought back for further discussion regarding the steps for interviews. Minutes of Board of Commissioners' Work Session October 16, 2017 Page 3 of 4 EXECUTIVE SESSION: At the time of 5:04 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation and ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 5:46 p.m. RECESS: Being no further discussion, the meeting was continued to Wednesday, October 18, 2017 at 8:30 a.m. DATED this Day of ' "4"'C 4.41& 10"4"1 for the Deschutes County Board of Commissioners. Recording Secretary A('(/ - Tammy Baney, Chair Antho y DeBone, Vi it Philip G. Hend son, Commissioner Minutes of Board of Commissioners' Work Session October 16, 2017 Page 4 of 4 E ur Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, MONDAY, OCTOBER 16, 2017 Allen Conference Room - Deschutes Services Building, 2ND Floor — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. CALL TO ORDER ACTION ITEMS 1. Consideration of Signing Project Wildfire Support Letter - Joe Stutter, Presenter 2. Consideration of Signature of Document No. 2017-653 and 2017-654, OHA Public Health Modernization Implementation Grant Application - Hillary Saraceno, Health Services Deputy Director 3. Continued - Consideration of Commenting on Nomination of the Central Oregon Canal for National Register of Historic Places - Matthew Martin, Senior Planner 4. Discussion of Application for Outdoor Mass Gathering for 4 Peaks Music Festival - Cynthia Smidt, Associate Planner EXECUTIVE SESSION 5. Executive Session under ORS 192.660(2)(h) Litigation 6. Executive Session under ORS 192.660(2)(e) Real Property Board of Commissioners Work Session Agenda Monday, October 16, 2017 Page 1 of 2 At any time during the 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 categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. ADJOURN ®® Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orq/meetingcalendar (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.) Board of Commissioners Work Session Agenda Monday, October 16, 2017 Page 2 of 2 "C"ES L w 0 -k Board of Count Commissioners October 16, 2017 To: International Association of Fire Chiefs P.O. Box 6005 • Bend, OR 97708-6005 1300 NW Wall St, Suite 206 • Bend, OR 97703-1960 (541) 388-6570 • Fax (541) 385-3202 www.deschutes.org board@deschutes.org Tammy Baney Anthony DeBone Phil Henderson Subject: 2018 Wildfire Mitigation Awards Nomination It is with great pleasure that Deschutes County nominates and offers a letter of support for Project Wildfire to be a recipient of the 2018 Wildfire Mitigation Award. Project Wildfire was created in 1997 after two devastating wildland fire events (1990 and 1996) destroyed dozens of homes. Rather than address operational capacity, Project Wildfire was created to educate the public about wildland fire and specifically how individual homeowners could successfully redeem their responsibilities and protect their property. The FireFree Program was the initial program, which allows property owners to create defensible space and bring yard debris to landfills and transfer stations free of charge. 2017 was the 20th successful year and annually homeowners bring in excess of 35,000 cubic yard, which is converted into ground cover/mulch. The FireFree Program was just the beginning. In 2004, Project Wildfire began facilitating and authoring CWPP's for the entire county and those plans remain current due to Project Wildfire continuing to provide the resources to update the plan. Project Wildfire is now a leader with the FAC Learning Network and brought those learning to the citizens and fire departments throughout Central Oregon. As a result of these sustained efforts, there has been no loss of structures from wildland fire in Central Oregon since 2003. The investment Deschutes County has made in Project Wildfire has been the best investment in public safety over the last 20 years for the citizens of Deschutes County. The Deschutes County Commissioners unanimously supports the nomination of Project Wildfire for the 2018 Wildfire Mitigation Award. Sincerely, Deschutes County Commissioners Tammy Baney, Chair Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner 2018 Wildfire Mitigation Awards Criteria and Guidelines OVERVIEW Established in 2014 in response to an overwhelming number of great wildfire mitigation program efforts, the Wildfire Mitigation Awards are the highest national honor one can receive for outstanding work and significant program impact in wildfire mitigation. Supported by: The National Association of State Foresters The International Association of Fire Chiefs The National Fire Protection Association The USDA Forest Service Guidelines and Criteria \' NFPit Only applications submitted through the electronic 2018 Wildfire Mitigation Awards Nomination Form will be accepted. Contact: Meghan Rhodes, International Association of Fire Chiefs (MRhodes@iafc.org) GUIDELINES The 2018 Wildfire Mitigation Awards nomination deadline is Tues, October 31, 2017. Awards will be presented at the Reno, Nevada Wildland Urban -Interface Conference on February 28, 2018. The National Association of State Foresters (NASF), the International Association of Fire Chiefs (IAFC), the National Fire Protection Association (NFPA) and the USDA Forest Service are pleased to invite nominations of candidates for the 2018 Wildfire Mitigation Awards. The national Wildfire Mitigation Awards recognize outstanding service in wildfire mitigation efforts to increase community wildfire risk reduction on the ground. Selection Process Members of the Wildfire Mitigation Awards committee determine award winners. Standing members include no more than three representatives of NASF, one each from IAFC, NFPA, and the USDA Forest Service (WUI Program Manager) and one at -large voting member appointed, by consensus, by the standing members of the committee. Eligibility Individuals, agencies (federal, state or local), or organizations that have made outstanding contributions with significant program impact in mitigation of wildfire risk to communities are eligible for nomination. Posthumous awards may be given if the work nominated occurred within the Last three years or still has significant influence or long-term measurable impact. Awards are intended to recognize community level or larger fire adaptation efforts; individual single -property projects are not eligible. This award is not intended as a retirement or departure recognition award. Applications will not be considered for prevention projects covered by the National Smokey Bear Awards. Award Designations There is one standing award with three sub -categories and two discretionary award categories. The committee is not obligated to give awards in any category if nominations are not of high enough quality to meet requirements. National Wildfire Mitigation Award — Sustained wildfire mitigation actions that lead to community fire adaptation don't happen by accident. Community wildfire adaptation starts with empowered residents, informed and active elected officials, engaged land managers, and proactive fire departments. The National Wildfire Mitigation Award recognizes the efforts of organizations and individuals who have implemented successful and sustainable wildfire mitigation projects on the ground in their community. Because of their leadership and vision their community has embraced the philosophy of community fire adaptation and are actively engaged in sustained risk reduction projects. Please indicate if you are nominating an organization or an individual. Guidelines and Criteria c;] NFP/C To be eligible a nominee must meet the following qualifications: • Plays an active role in community wildfire risk reduction/fire adaptation projects on the ground. • Is dedicated to and can show examples of leading and implementing at least two sustained mitigation/fire adaptation actions in their community with a minimum duration of 24 months; EX: community level defensible space and home hardening, hazardous fuel reduction projects, local coalition building, development and implementation of community wildfire protection plans or equivalent such as the Fire Adapted Communities Self -Assessment Tool, use of codes and ordinances, use of home assessments and subsequent mitigation, and fire department engagement in mitigation messaging and implementation. Priority will be given to candidates doing active mitigation work on the ground over those doing messaging only. o Category 1: For communities, career or volunteer fire departments, government agencies, or non -profits in communities larger than 30,000 population. o Category 2: For communities, career or volunteer fire departments, government agencies, non -profits, or individuals in communities less than 30,000 population. o Category 3: For individuals who lead or enable mitigation actions on the ground. National Mitigation Hero Award (one award per year at the discretion of the committee): Individuals and organizations involved in mitigation are seldom, if ever, singled out as heroes, but the work they do often saves communities, homes, and lives. The effectiveness or value of a community fire risk reduction project is not fully appreciated until the community and the mitigation work is tested by wildfire. This award recognizes an individual or organization whose community -wide mitigation project reduced damage and risk to a community when a wildfire impacted the community. To be eligible a nominee must meet the following qualifications (please indicate if you are nominating an organization or an individual): • The individual or organization was responsible for the community level mitigation project that protected or reduced damage from a wildfire. • There is clear documentation regarding o where and how the mitigation was done, o when and how the incident (name incident) impacted the community, and o how the mitigation project reduced the damaging impact of the wildfire (testimonials, eye witnesses, before and after photos, maps, documentation of the mitigation work). Wildfire Mitigation Legacy Award (no more than one award given annually at the discretion of the committee): This award is designed to recognize an individual's or organization's outstanding contribution to the larger world of mitigation. It is meant to acknowledge those who have flown the mitigation banner over a long period of time, persisted in vocalizing the mitigation message, spoken truth to power, and helped create the tools and best practices that make up fire adaptation today. This is not a retirement award but recognition of a major investment and impact on mitigation through long-term achievement. Guidelines and Criteria The Wildfire Mitigation Legacy Award nominee is generated by the WUI Mitigation Awards Committee, no nominations will be accepted. Criteria include: • Must be a wildfire mitigation professional • Must have a career history of dedication to the importance of community wildfire risk reduction through fire adaptation. • Must have made a major contribution to the development of mitigation messaging, tools, and implementation at the regional or national level in a sustained and successful way. • Must be able to demonstrate the level of contribution to the field with examples, testimonials, and documentation. Required Elements of the Nomination Package Nomination packages will stand on their own merit. Please make sure they are complete to give the best opportunity to the nominee. Nomination packages must include: • A complete nomination form. • A narrative description, including impact, of the outstanding mitigation effort(s) or project(s) being nominated that answers each element of the award criteria (see below). • Supporting documentation (e.g., photos, news articles, project materials, and letters of support). • Nominations of state forestry agency employees must show endorsement of the State Forester, either by signature or letter of support (an e-mail message is sufficient). Award Criteria The following award criteria are used to evaluate each nomination. The nominator must submit the nomination through the 2018 Wildfire Mitigation Awards online form found at www.stateforesters.org/mitigation. Submissions will be judged on merit with no further request for documentation, and incomplete submissions are not eligible for consideration. Within each criterion, address only those points that most appropriately apply to your nomination; not all points are appropriate for every nomination. 1. Basic Requirements: Scope and Impact Easily recognized as a wildfire mitigation effort: Describe tools or methods used, long-term outcomes of the service or project, what objectives were met or exceeded, and, in general terms, how many people or communities it impacted. There must be at least two sustained mitigation/fire adapted actions. ■ Effort covers at least a 24 month period. ■ Nomination includes appropriate supporting documentation. • Mitigation activity is replicable and could be applied beyond its geographic area or audience. 2. Qualities • If wildfire mitigation is a part of the nominee's job description, explain how the nominee distinguished themselves above and beyond normal iob responsibilities or expected mitigation activities. • Describe leadership, creativity, or innovation that was exhibited. ■ Describe how the project/service targets or complements national audiences, themes, messages, and goals. Guidelines and Criteria NFhIC 3. Partnerships ■ Describe how the project or activity engaged groups, organizations, or agencies, and whether these participants were new to this activity. 4. Other Factors • Include any documentation that mitigation efforts reduced damage caused by wildfires. ■ Describe any local, regional, or national recognition for the project or activity. • Explain how the project was funded and whether any external funding support was garnered. • Describe any media coverage/involvement with the project. • Include a publicity plan for recognition of nominee, if selected. 1 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of October 16, 2017 DATE: October 11, 2017 FROM: Matthew Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: Continued - Consideration of Commenting on Nomination of the Central Oregon Canal for National Register of Historic Places ATTENDANCE: Matthew Martin, Senior Planner SUMMARY: On October 11, 2017, the Board of Commissioners (Board) discussed the nomination of a segment of the Central Oregon Canal for the National Register of Historic Places. The Board continued the discussion to October 16, 2017, to conduct a site visit, consult Central Oregon Irrigation District, and allow Commissioner Baney to provide input. Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: October 11, 2017 TO: Deschutes County Board of Commissioners FROM: Matthew Martin, AICP, Senior Planner RE: Central Oregon Canal Nomination for the National Register of Historic Places — Continued Board of Commissioners Review On October 11, 2017, the Board of Commissioners (Board) discussed the nomination of a segment of the Central Oregon Canal for the National Register of Historic Places. The Board continued the discussion to October 16, 2017, to conduct a site visit, consult Central Oregon Irrigation District, and allow Commissioner Baney to provide input. As directed, staff will draft a letter incorporating the points raised today by the Board. In addition, staff will provide the final recommendation of the Historic Landmarks Commission. Both documents will be presented at the work session on the 16t" Quality Services Perfor;ned with Pride October 12, 2017 Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/edd/ Oregon State Historic Preservation Office ATTN: National Register Coordinator 725 Summer Street NE, Suite C Salem, OR 97301 RE: Central Oregon Canal Historic District Nomination for National Register of Historic Places To Whom It May Concern: Thank you for the opportunity to comment on the nomination of a segment of the Central Oregon Canal as a historic district on the National Register of Historic Places. The Deschutes County Historic Landmarks Commission (HLC) received public testimony regarding the nomination at a meeting on October 2, 2017. The HLC chose to not complete review of the nomination at the meeting. Instead, each commissioner independently reviewed the nomination, considered the testimony, and submitted comments to staff to compile and summarize. First, it is important to emphasize that the HLC recognizes the historic importance and significant role irrigation canal systems have had in the region. These water delivery systems most certainly contributed to the overall development of Deschutes County since the early 20th century by increasing the viability of agricultural uses that enabled homestead settlement and resulted in rural and urban development present today. With that said, the HLC recognizes that review and consideration of a nomination for the National Register of Historic Places is based on the merits of the application and review criteria. Enclosed is the completed National Register Nomination Evaluation Sheet. The Evaluation Sheet indicated "Concerns" if any one of the Commissioners specifically expressed concerns regarding a category. Regarding a recommendation, 1 commissioner supports listing the district on the National Register and 3 commissioners (including one ex-offico member) do not. Based on these opinions, the Evaluation Sheet indicates the commission does not recommend listing the nomination segment of the Central Oregon Canal as historic district on the National Register of Historic Places. For additional context and detail, the following summarizes Commissioner comments on each evaluation category. Quality Services Performed with Pride INTEGRITY: • Period of Significance — the property has been altered since its original design in early 1905. Some of the original design features can still be identified, but the irrigation district has altered the original design of the canal through years of maintenance. This raises a critical question of whether the alterations have significantly altered the original character or not. I do not have photos to indicate to support a decision on the impact of the major alterations nor access to any revised dates for the period of significance. • From the research stated in the nomination, there appears to be significant revisions and improvements done to the canal (particularly beginning in the 1960s) in order for its continued function as a water utility. Few features, despite what the writer is considering 'historic' (headgates, flumes, piers, catwalks, etc.) don't particularly stand out in significance for construction practices or unique features that are already found elsewhere as better examples in the irrigation canal systems. The proposer claims that this segment is the most 'unmodified' portion of the Central Oregon Canal remaining in existence, but the constant upgrades and repairs of the canal indicate that few original (or historic) components still exist. • Too many alterations and new materials have been added to this canal to meet integrity criteria. • This portion of the canal, 1 believe, is historic with regard to construction, materials, design and location. DESCRIPTIONS: • In the original application, several elements (examples include Bear Creek Ranch Bridge and Burt Chute) are referenced that were built outside the period of significance for this nomination. Therefore, they cannot be classified as contributing to the district. Without access to the revised application and supporting documents to see if these concerns have been met, 1 cannot make a recommendation to approve. • The property is adequately described. There seems to be superfluous information about other parts of the canal system not under consideration for nomination, making the Ward to Gosney segment difficult to interpret. It is also difficult to determine what the proposed 'boundary' (north and south) edges are, even with the accompanying map sources. • In reviewing the referenced document the property is adequately described with contributing and non-contributing features clearly identified. SIGNIFICANCE AND CONTEXT: • Criterion A - The canal does tell an important part of Central Oregon and Oregon's history. The application clearly presents evidence to support this criteria. The question is whether this is the only section that tells that important story or not. • Criterion D — The remaining elements for the original canal may tell an important part of our history in Central Oregon. Again, not sure if this same information is available in another section of the canal. • Although the miles of irrigation canals built throughout Central Oregon have, in small part, contributed to the overall development of the area, the nomination fails to make direct connection to events in the early history of the Deschutes Project with respect to this particular segment under consideration. With Criterion A "requiring events that have made a significant contribution to the broad patterns of our history," this canal does not appear to match much to that criterion. • One needs to merely reference the above books and memories [The Oregon Desert, Desert Sage Memories, The River Flows as the Mountains Watch, The Pioneer Spirits of Bend, and It Is Too Cold To Snow] written by Central Oregon Homesteaders and settlers who describe their lives, living, raising families, working and surviving in Deschutes County during 1906 — 1923. FACTS & SOURCES: • The nomination presents the appropriate and best sources to support this nomination. As presented, the facts and sources seem accurate. The research is excellent. • It is obvious that an exhaustive amount of research and a plethora of sources were used in creating this nomination. However, there doesn't seem to be strong connection to the area under consideration and those sources. Multiple references to the Carey Act, and a synopsis of local figures, and other various irrigation projects don't seem to be directly connected to this portion of the canal. • The data presented appears clearly stated, believable and supported with historic photographs and referenced materials from this early homestead period SUPPORTING MATERIALS: • The information needed to support this application is included with the nomination. We cannot review and address the revisions raised by SHPO since we do not review the revised application. Supporting material is presented through the application to help support the application. • Despite a number of photos and maps, very few historic photos seem to be of this part of the canal being considered for nomination. Map sources don't accurately define the north and south boundaries of the proposed District either. In closing, it is important to reiterate that the HLC recognizes the historic importance and role irrigation canal systems contributed to the overall development of area since the early 20th century. However, outstanding concerns and the lack of historic integrity and significance of this segment of canal prevent the majority of commissioners from supporting the nomination. Sincerely, [44/ Rachel Stemach, Commissioner/Designee of Chair Deschutes County Historic Landmarks Commission Enclosure NATIONAL REGISTER NOMINATION EVALUATION SHEET Certified Local Governments / Historic Landmark Commissions The following property is being nominated to the National Register of Historic Places and will be reviewed by the State Advisory Committee on Historic Preservation (SACHP) at its meeting on 10/20/2017. PROPERTY NAME: CENTRAL OREGON CANAL HISTORIC DISTRICT (WARD ROAD - GOSNEY ROAD SEGMENT) ADDRESS: OK Concerns BEND, DESCHUTES COUNTY INTEGRITY: Major alterations or additions? New materials? Altered setting? Moved? etc. X DESCRIPTION: Is the property adequately described? Have contributing and non-contributing OK Concerns features been clearly identified? OK Concerns OK Concerns OK Concerns SIGNIFICANCE Has the appropriate criterion been used? Has it been justified? Is the context and CONTEXT: sufficient in breadth and depth to support the claims of significance? FACTS AND Are the appropriate and best sources used? Are key dates and facts SOURCES: accurate? SUPPORTING Adequate photos, maps, drawings, etc.? MATERIALS: The Commission recommends that the property or properties appear to meet the National Register criteria and should be listed in the National Register. The Commission recommends that the property or properties do not appear to meet the National Register criteria and should not be listed in the National Register. Return to: ravligwA_ Signature of Commission Chair (or Designee) Date VIiV V 1 l r'dicto 1c t.1'i'Noiiit"''06 Name of Local Historic Preservation Commission /1(4AgS,5( 6 -kJ Oregon State Historic Preservation Office ATTN: National Register Coordinator 725 Summer Street, N.E., Suite C Salem, OR 97301 Holland & Knight 111 S.W. Fifth Avenue 1 2300 U.S. Bancorp Tower 1 Portland, OR 97204 IT 503.243.2300 1 F 503.241.8014 Holland & Knight LLP 1 www.hklaw.com Matt Singer (907) 830-0790 matt.sinaer hklaw.com October 12, 2017 Jason Allen Oregon State Historic Preservation Office 725 Summer Street NE Suite C Salem, OR 97301-1266 Re: Central Oregon Irrigation District's Comments on Proposed Central Oregon Canal Historic District, Ward-to-Gosney Road Dear Mr. Allen: Please accept these comments on behalf of Central Oregon Irrigation District (COID) in opposition to the proposed nomination of the Ward Road to Gosney Road section of Central Oregon Canal to the National Register of Historic Places. The nomination does not meet the criteria for listing. More significantly, the State Historic Preservation Office (SHPO) is in breach of its Memorandum of Agreement with COID and the Bureau of Reclamation by considering this nomination outside of the detailed process agreed upon by the parties for the study, documentation, and preservation of these historic resources. BACKGROUND & CONTEXT FOR THIS NOMINATION COID serves nearly 3,600 patrons in Central Oregon. It operates two main canals, the Central Oregon Canal and the Pilot Butte Canal, that provide irrigation water to family farms, municipalities and school districts, and business and residential properties located in and outside of Bend, Redmond and surrounding Central Oregon communities. COID is pursuing a long-term plan to responsibly manager its water resources for the benefit of its patrons and the Deschutes Basin. Piping open irrigation canals is an important aspect of COID's overall plans, and provides numerous benefits for the region, the state, and the United States. The piping of COID' s water delivery system is a priority for COID in order to protect and improve water quality, conserve water, and increase instream flows in the Deschutes River for species listed under the Endangered Species Act. Anchorage 1 Atlanta 1 Austin 1 Boston 1 Charlotte 1 Chicago 1 Dallas 1 Denver 1 Fort Lauderdale 1 Houston 1 Jacksonville 1 Lakeland 1 Los Angeles Miami 1 New York 1 Orlando 1 Portland 1 San Francisco 1 Stamford 1 Tallahassee 1 Tampa 1 Tysons 1 Washington, D.C. 1 West Palm Beach Holland & Knight Jason Allen October 12, 2017 Page 2 There are locations along the COID canals with potential for hydroelectric development, which can create sustainable renewable energy for the community and a sustainable income for COID to implement further conservation measures. The Ward-to- Gosney section of the Central Oregon Canal, however, does not provide hydroelectric potential. Rather, this is a stretch of canal that presents significant water loss due to seepage and evaporation, as well as ongoing maintenance challenges. COID will eventually pipe this section of canal to conserve water and meet its obligations to increase instream flows and improve habitat for listed species. The Ward-to-Gosney nomination is brought by a group of homeowners who enjoy a water feature on their property when the canals are operating. This is a classic Not -In - My -Backyard ploy to create procedural and substantive hurdles to make it more difficult for COID to modernize its system and conserve water for the benefit of the Deschutes Basin. SHPO should recognize that this is an abuse of the nomination process, and that it is entirely inconsistent with the collaborative process envisioned by the Memorandum of Agreement between SHPO, COID and the U.S. Bureau of Reclamation. SHPO IS IN BREACH OF THE SHPO-COID-BUREAU MEMORANDUM OF AGREEMENT In February 2014, the Oregon State Historic Preservation Office joined a Memorandum of Agreement (MOA) with the U.S. Bureau of Reclamation and COID. See Exhibit A, MOA No. R14MA13733. That MOA provided a model for the comprehensive study, analysis, and preservation of historic resources and for cooperation among different public agencies. The MOA arose out of the mutual recognition of the parties that COID would be undertaking to convert significant portions of its open canal system to a subterranean, piped system. Among other things, the MOA provided for development of a Multiple Property Document (MPD), followed by a Programmatic Agreement. Notably, the parties agreed that "All parties shall use the Multiple Property Document ... to identify contributing segments of the canal system...." The parties to the MOA also agreed that following completion of the MPD COID would consult with Reclamation and SHPO and select "appropriate, contributing segments to be listed in the National Register of Historic Places through the MPD." Through this MOA, COID hired experts and conducted a detailed study of the historic resources of its irrigation systems, explaining how those fit with the history of the region and cataloguing the type and nature of the supporting elements within the historic district. COID's MPD is an ambitious and comprehensive historic study. Out of the MPD Holland & Knight Jason Allen October 12, 2017 Page 3 process, and consistent with its obligations under the MOA, COID then nominated two canal segments, at the Redmond Homestead and Brasada Ranch, for placement on the National Register of Historic Places. SHPO has now violated both the letter and spirit of the methodical, holistic approach embodied in the MOA by considering a piecemeal nomination of the Ward-to-Gosney section of the Central Oregon Canal outside of a Programmatic Agreement and outside of the process SHPO agreed to in the MOA. The entire point of the MOA was to engage in a comprehensive study of these resources, to select important and representative sections for preservation, and to acknowledge that much of the remainder of the system would ultimately be piped to promote water conservation projects. SHPO' s failure to live up to its end of the bargain in the MOA is extremely concerning, and may require legal action. At minimum, SHPO should consider whether its conduct on this nomination will discourage parties in the future from entering into agreements with the agency or from engaging in expensive programmatic studies for Multiple Property Documents. THE NOMINATION DOES NOT MEET THE INTEGRITY CRITERION FOR LISTING The nomination is factually incorrect when it asserts that this section is uniquely representative of the original Central Oregon Canal. To the contrary, this section has required substantial maintenance and reconstruction that has affected its historic integrity. As detailed in the attached report marked as Exhibit B, and the attachments thereto, the geology and topography in this area has created difficult maintenance challenges for COID. As a consequence, several sections of the canal in the nominated section have been subject to excavation and fill activities, installation of rip rap, spreading of silt materials, and other ongoing modifications. These activities go beyond mere routine maintenance and have required substantial physical alteration and reconstruction of stretches of the canal. Attached to Exhibit B are engineering reports and other documents that identify some of this substantial reconstruction effort from the recent past. The nomination ignores these events, and makes almost no attempt to discuss the likely reconstruction events that occurred in this section of canal over the last century. The canal is an operating utility conveyance, and as such has been in a state of constant modification and improvement over the last century. The nomination is factually wrong to claim this section is unaltered or representative of the original canal. The challenging geology and geography of this particular section means that it has required more maintenance, construction, and reconstruction by COID than any other section along the Central Oregon Canal. Holland & Knight Jason Allen October 12, 2017 Page 4 When considering this history of construction activities and how it impairs the historic integrity of this section of canal, SHPO should also consider the practical and safety problems with a nomination. As documented in the exhibits to these comments, COID has repeatedly had to perform emergency construction activities to address canal collapse, burrowing animals, and erosion. Under local law, some of these construction activities would require prior approval from the Deschutes Historic Landmark Commission if the section is to be nominated. Yet the Deschutes County Historic Landmark Commission meets only quarterly. If a canal is in imminent danger of collapse and could pour hundreds or millions of gallons of water onto a private property or residence in this area, is COID supposed to submit an application to the Landmark Commission and wait a few months for permission to act? In evaluating the Integrity of the proposed nomination, SHPO should consider such factors including the Location, Design, Setting, Materials, Workmanship, Feeling, and Association. These factors also weigh against the proposed nomination. • Location. The nomination makes the inconsistent claim that the Ward-to- Gosney section of the Central Oregon Canal is both unique and representative of the entire canal. Which is it? In truth, there is nothing terribly significant about the location. Unlike the Redmond Homestead nomination for the Pilot Butte Canal, where the nominated linear feature was linked directly to the founding of the City of Redmond and its early homesteading, there is no such link between the Ward-to-Gosney section and adjacent land parcels, most of which were developed only in recent decades. Indeed, much of the discussion about adjacent use of land is outside the period of significance, seeing as this area was developed and inhabited decades after the canal was constructed. • Design. The Brasada Ranch nomination is an example of a nomination where Design was a significant contributing factor to the nomination's integrity. In that nomination for a segment of the original Central Oregon Canal, there are significant engineering accomplishments that reflect important design innovation and ingenuity. In contrast, the Ward-to-Gosney section is primarily a large ditch. The purpose of the National Registry of Historic Places is not to celebrate our ability to dig a ditch, but rather to cherish those important and significant structures from our past. The Design factor weighs against the nomination. Holland & Knight Jason Allen October 12, 2017 Page 5 • Setting. The nomination does not establish a reason why the Setting of this proposed canal section is significant. There is nothing distinguishing the nominated section from sections immediately east or west along the linear feature. In addition, the Setting is entirely along private land parcels, such that it does not provide easy public access. Rather, the Setting is important to the proponents primarily because the canal runs through their backyard. • Materials & Workmanship. The nominated canal section is essentially a large ditch. Neither the Materials nor the Workmanship reflect noteworthy or important accomplishment. Unlike, for example, the Brasada Ranch nomination that included important engineering accomplishments in the structures built in the area to convey water across a dry creek canyon, this section of canal does not. In addition, the substantial re -construction activities, along with frequent re -distribution of silt bars along the canal, means that much of the canal has been altered and does not reflect its original materials or workmanship. These factors weigh against finding sufficient Integrity to support the nomination. • Feeling. "Feeling" is an admittedly subjective criterion for evaluating Integrity, and different people may have different feelings about whether the Central Oregon Canal "feels" historic. But the reality is that this section of canal is an operating utility conveyance that has required reconstruction and heavy maintenance, such that regardless of subjective feeling the section is objectively not an historic structure. • Association. A final factor in evaluating Integrity is whether the nominated structure has a clear Association to historic events. The nomination provides a lot of words cut and pasted from prior nominations that discuss the general historic events in Central Oregon, but there is very little that ties the specific Ward-to-Gosney Road section to these events. The nomination does not meet the burden of proving that its Association to historic events warrants inclusion on the National Register. COID IS THE OWNER OF CENTRAL OREGON CANAL AND OBJECTS TO ITS INCLUSION ON THE NATIONAL REGISTER National Park Service lacks authority to include private property on the National Register if the owner of the property objects by notarized statement before the property is listed. 36 C.F.R. § 60.6(r). Under National Park Service regulations, "[t]he term owner or Holland & Knight Jason Allen October 12, 2017 Page 6 owners means those individuals, partnerships, corporations or public agencies holding fee simple title to property. Owner or owners does not include individuals, partnerships, corporations or public agencies holding easements or less than fee interest (including leaseholds) of any nature." Id. § 60.3(k). As explained below, COID falls within this definition of "owner" and objects to the inclusion of Central Oregon Canal on the National Register. COID (as successor to the Pilot Butte Development Company and the Deschutes Irrigation and Power Company) acquired a right of way for Central Oregon Canal under the Act of March 3, 1891 (the "Right of Way Act"). As required by the Right of Way Act, the Deschutes Irrigation and Power Company filed with the local land office an as -built map of the canal. Our understanding is that the Department of the Interior approved the map on March 3, 1903. The Right of Way Act granted a "right of way ... to the extent of the ground occupied by the water of any reservoir and of any canals and laterals and fifty feet on each side of the marginal limits thereof." 43 U.S.C. § 946. The U.S. Supreme Court described the scope and nature of the property interest granted under the Right of Way Act in Kern River Co. v. United States, 257 U.S. 147 (1921). In Kern River, the Court explained: "The right of way intended by the [Right of Way] Act was neither a mere easement nor a fee simple absolute, but a limited fee on an implied condition of reverter in the event the grantee ceased to use or retain the land for the purpose indicated in the act." Id. at 152. Lower courts have further explained the concept of a "limited fee." The Arizona Court of Appeals, in a case regarding the Right of Way Act, described the characteristics of a limited fee as follows: It is a right to use the surface of the land for a specific purpose. Such land has definite boundaries which must be recorded with the Federal Government. The limited fee cannot be conveyed to be used for any purpose other than that specified in the grant and cannot be taken by adverse possession for any other purpose. If the limited fee is abandoned or forfeited it can only be by virtue of Federal statute or regulation and the fee reverts back to the United States. The limited fee owner has a superior right to the surface of the land against anyone else. The limited fee is used for railroads, pipelines, power plants, irrigation ditches and reservoirs, canals, etc. Holland & Knight Jason Allen October 12, 2017 Page 7 Wiltbank v. Lyman Water Co., 477 P.2d 771, 774 (Ariz. Ct. App. 1970). Based on this description, a limited fee involves only two ownership interests: the grantee's current interest and the United States' reversionary interest. The Wyoming Supreme Court distinguished between the grantee's current interest in the ground occupied by water — the reservoir, canal, or lateral — and the 50 -foot right of way that extends from the margins of such reservoir, canal, or lateral. See Johnson Irrigation Co. v. Ivory, 24 P.2d 1053, 1057-58 (Wyo. 1933). Regarding the ground occupied by water, the grantee has "the right to the exclusive and continuous use and possession of the land so occupied and, therefore, has a fee and not a mere easement." Id. Although the grantee's ownership interest is subject to a condition that the property be used for the purpose of irrigation and purposes subsidiary to irrigation, the grantee "may, while the estate continues, have the same rights and privileges as an owner in fee simple." Id. at 1058 (emphasis added). Regarding the additional 50 -foot right of way, the grantee's right "is for uses which may be only intermittent and occasional, and is not a proprietary interest in the land itself. It is in the nature of an easement appurtenant to the `ground occupied' by the [water]." Id. at 1057. Here, COID holds a limited fee in the Central Oregon Canal and a 50 -foot right of way that extends from the margins of the canal. With respect to the canal, this means COID has the same rights and privileges as an owner in fee simple. In addition, COID owns as a private property owner several tax lots, both underneath sections of the nominated canal and adjacent thereto. Because the National Park Service defines "owner" to include entities holding fee simple title to property, COID has the right to object to the inclusion of Central Oregon Canal on the National Register. This interpretation is consistent with 54 U.S.C. § 302105, which required the Secretary of the Interior to "promulgate regulations requiring that before any property may be included on the National Register ... , the owner of the property ... shall be given the opportunity (including a reasonable period of time) to concur in, or object to, the nomination of the property for inclusion or designation." 54 U.S.C. § 302105(a). Failure to recognize COID's ownership of the canal would be contrary to Congress' intent that the owner be given the opportunity to object to the nomination. The nomination form fails to distinguish between COID's ownership of Central Oregon Canal and the ownership of the real property underlying the canal. The nomination form includes some description of the boundaries of the properties adjacent to, and in some cases underlying, Central Oregon Canal, but it fails to identify COID as the owner of the canal itself. COID is the owner of the "primary structure" identified in the nomination Holland & Knight Jason Allen October 12, 2017 Page 8 form and objects to its inclusion on the National Register. On this basis alone, the nomination should be rejected. In addition, COID owns a number of private parcels of land along the nominated canal. These parcels are held in fee simple and are managed as private property. COID therefore also objects as a private property owner. COID's Notarized Owner Objection Statements, pursuant to 36 C.F.R. parts 60.1-60.15, are attached hereto and incorporated herein as Exhibit C. Very truly yours, HOLLAND & KNIGHT LLP Matt Singer MS/jmh Enclosures — Exhibits A -C #53909862_v1 MEMORANDUM OF AGREEMENT No. R14MA13733 AMONG THE U.S. BUREAU OF RECLAMATION, THE OREGON STATE HISTORIC PRESERVATION OFFICE AND CENTRAL OREGON IRRIGATION DISTRICT For Piping of a Segment of the I -Lateral ALFALFA VICINITY, DESCHUTES COUNTY, OREGON This Memorandum of Agreement (MOA) is entered into by Bureau of Reclamation, Columbia -Cascades Area Office (Reclamation), the Oregon State Historic Preservation Office (SHPO) and the Central Oregon Irrigation District (District) to define their respective roles in mitigation efforts related to the piping of the I -Lateral of the Central Oregon Irrigation District System (System). This MOA outlines separate, but related mitigation for the current undertaking (subterranean piping of a Segment of I -Lateral) and the proposed future piping of the remainder of the canals, laterals, sub -lateral and ditches within the District. This MOA replaces MOA No. R12MA13723 thereby canceling it in its entirety. 1. Background The District is located in Deschutes County. The District provides irrigation water within the Central Oregon Tri -county area with 43,000 acres delivered to water users in the vicinity of Bend, Alfalfa, Powell Butte, Redmond, and Terrebonne, within the upper Deschutes River basin. A. I -Lateral Piping Under the current undertaking, the District intends to protect and improve water quality and improve water delivery by converting approximately 4,800 feet of open ditch laterals within the I -Lateral of the System to pipe, in T17S R14E Sections 25, 26 and 36. The District has been awarded a grant through Reclamation's WaterSMART Program to perform the work. Because Reclamation -administered Federal funds will be involved in this project, the Section 106 process of the National Historic Preservation Act was applied to identify affected historic properties. Pursuant to Section 106 of the National Historic Preservation Act (NHPA), the District has documented the extent of the Lateral within the current undertaking's Area of Potential Effects for historic and archaeological resources to standards acceptable to Reclamation and SHPO. Reclamation, in consultation with SHPO, determined that replacement of the open I -Lateral with the pipe will have an adverse effect upon the historic integrity of the Lateral. Reclamation notified the Advisory Council on Historic Preservation (Council) of the adverse effect on the I -Lateral pursuant to the Code of Federal Regulations (CFR) 36 CFR Section 800.6(a)(1), and in a letter dated September 17, 2012, the Council indicated that their participation is not needed in the consultation for resolution of adverse effects from this undertaking. Specific mitigation strategies designed to address the adverse effect of this undertaking are identified below, in section 3.A. MOA #R14MA13733 Page 1 Exhibit A, Page 1 of 8 B. Future Pining of Canals, Laterals, sub -Laterals. and Ditches Through discussions between Reclamation, SHPO, and the District related to future project planning and the stated intentions of the District, a proposal to programmatically mitigate for future adverse effects related to the future piping of canals, laterals, sub -laterals, and ditches throughout the District. has been developed. This MOA is intended to provide mitigation for such future piping efforts. Specific mitigation strategies designed to address the adverse effects of these future undertakings are identified below, in section 3.B. C. Interim Management Until the Programmatic Agreement is signed and in place, all consultation regarding non -Federal undertakings will be reviewed by SHPO under standard State review practices, as defined in Oregon State Regulations (ORS) 358.653. This MOA is entered into under the authority of the National Historic Preservation Act of 1966 as amended, as specified in the regulations in 36 CFR 800, and specifically in Section 6(c) — Resolution of Adverse Effects without the Council. 2. Purpose and Applicability This MOA will serve to define the necessary actions for documentation of the System in its current state, define in more detail the historical significance, contextual setting, character -defining characteristics and the contributing properties within the System, and set the parameters by which future actions to pipe the System can be accomplished. This MOA will reduce the need to consult with the SHPO on a case-by-case basis when qualifying future activities (defined as subterranean piping of canals, laterals, sub -laterals, and ditches) take place on the System, and provides for a schedule that allows the SHPO to be updated on implemented actions. This MOA does not apply to projects affecting any feature or element that is or may be individually eligible for listing in the National Register of Historic Places. Federal undertakings that affect these elements of the District will continue to be reviewed under standard Section 106 review processes (36 CFR 800). Non -Federal projects will continue to be reviewed under ORS 358.653. 3. Implementing Actions A. Pining of I -Lateral The SHPO, Reclamation, and the District agree that the current undertaking, consisting of the subterranean piping of approximately 4,800 feet of the 1 -Lateral, currently an open -ditch structure, represents an adverse effect to the National Register -eligible District water conveyance system. In order to mitigate that adverse effect, the following shall be implemented: 1. Reclamation will: (a) Consult with the proper interested parties, such as the Council, SHPO, and the Confederated Tribes of the Warm Springs Reservation. (b) Ensure that mitigation efforts defined in this MOA as part of the current undertaking (identified below, Section 3.A.2) are completed to the standards set forth below. 2. The District will: (a) Perform or cause to be performed the Historic Documentation of the System: MOA #R14MA13733 Page 2 Exhibit A, Page 2 of 8 • Following all applicable guidance provided by the National Park Service and SHPO, the District will conduct a historic properties inventory of the entirety of the District facilities and infrastructure related to water conveyance (i.e., not to include district offices and equipment/vehicle maintenance or storage facilities). This inventory will document all water -conveyance system buildings and structures, provide locational information (in GIS format, using lines to represent canals, etc., and points or polygons, as appropriate, to represent features) for all water conveyance -related buildings and structures, as well as associated features. The inventory will meet the requirements set forth for Reconnaissance Level Surveys, as defined in the document, "Guidelines for Historic Resource Surveys in Oregon." Prior to initiation of the survey, a written, detailed survey design will be submitted to SHPO for review and concurrence. • This inventory will be completed and submitted to Reclamation and SHPO for draft review within three (3) years of the date of the final signature on the document. Comments and revision requests from Reclamation and/or SHPO will be addressed, and a final version of the inventory will be submitted within one (1) year of the receipt of such comments. B. Future Piping of Canals, Laterals, sub -Laterals, and Ditches Elsewhere Within the District SHPO, Reclamation, and the District understand that it is the intention of the District to convert significant portions of the system of open canals, laterals, sub -laterals and ditches within the District to a subterranean, piped system. In order to mitigate for future adverse effects that would arise from these efforts, Reclamation, SHPO and the District have agreed to mitigate programmatically through the following measures in order to reduce time, effort, and resources required to conduct standard Section 106 and/or ORS 358.653 consultation: 1. Develop a Programmatic Agreement (PA) (a) Reclamation, SHPO, and the District shall enter into a PA to allow for the more efficient fulfillment of the entity's obligations under Section 106 of the National Historic Preservation Act, as amended, and Oregon Revised Statute 358.653, as applicable. (b) All parties shall use the Multiple Property Document (see Section 3.B.2., below) to identify contributing segments of the canal system to be managed under the PA and any subsequent documents created as part of the process. The PA will include, at minimum: MOA #R14MA13733 ® A list of routine maintenance and minor construction activities and actions that do not adversely affect the historic resource and that are exempt from regular review by SHPO; • A provision to address emergency situations where catastrophic breach of the canal or other unforeseen event or eminent threat endangers human life or property. Such a provision shall allow the District to act on the immediate situation without consultation and address compliance with applicable cultural resource laws in consultation with appropriate federal agencies and stakeholders within 30 days of the incident. ® An inadvertent discovery clause, which will outline procedures to be followed when unknown, unanticipated cultural resources are discovered due to District activities; ® A description of annual reporting requirements and timetable for reporting activities undertaken by the District where the provisions of the PA were applied; Page 3 Exhibit A, Page 3 of 8 A defined effective period of ten (10) years with provisions for the document to be reviewed at five years from last date of signature, amended as necessary, and the effective period continued, based on consultation. If appropriate, the effective period can be extended for an additional ten (10) years (with an additional five- year review), subject to the agreement of Reclamation, SHPO, and the District. (c) The PA may also include a probability model for subsurface archaeological sites, cultural resource treatment plans, and preservation plans, as agreed to by the signing Parties. (d) Reclamation, SHPO, and the District, as well as any other interested, consulting parties, will be signatories to the PA. (e) Until the PA is signed and in place, all consultation regarding future federal undertakings (those not covered under Stipulation A) affecting the District water conveyance system will be reviewed by Reclamation and SHPO under standard Section 106 review practices, as defined in 36 CFR 800. 2. Develop Multiple Property Document (MPD) (a) Following all applicable guidance provided by the National Park Service and SHPO for the preparation of MPDs, the District will edit the MPD, Historic Agricultural Resources in Central Oregon, which is currently in draft form, as prepared by Claeyssens and Tomlinson (2006) under a previous Reclamation water conservation grant. The MPD will be prepared sufficiently such that subsequent Irrigation Districts are able to add their district -specific contexts and registration requirements. The MPD elements will be based on the results of the Reconnaissance Level Survey inventory created as a result of Stipulation A.2. (above). The MPD elements to be developed include: 1. General framework for the functioning of the MPD, once registered, including Sections A through D (complete), Sections E -I such that deal specifically with the District, but that includes general introductions, contexts, and registration requirements that will be applicable across all irrigation districts included in the final MPD; 2. Establishment of the various historic contexts pertaining to the history and significance of the District. The historic context(s) will be based on historical research, and supported by historical documents and images; 3. Development of associated property types and general and type-specific registration requirements through which identified elements of the system can be evaluated for eligibility (including consideration of significance and integrity) for inclusion in the NRHP through the framework of the MPD; and 4. A GIS -based map of the entire system identifying the location, extent, and features of the District, and any other necessary appendices, shall be included. The map should identify elements and sections of the System as either contributing or non-contributing to the District as a comprehensive historic resource. (b) The draft MPD (including all GIS information) will be submitted to Reclamation and SHPO for review and comment within three (3) years of the date of the final signature of this MOA. Draft MPD and nomination materials will be submitted to Reclamation and SHPO for review by SHPO and the Oregon State Advisory Committee on Historic MOA #R14MA13733 Page 4 Exhibit A, Page 4 of 8 Preservation (SACHP). The District will address any SHPO and SACHP comments prior to forwarding the document to the National Park Service for final consideration. 3. Preservation and Interpretation (a) Following completion of the draft MPD elements described above (Stipulation B.2.a-b), the District, in consultation with Reclamation and the SHPO, shall select appropriate, contributing segments to be listed in the National Register of Historic Places through the MPD. These segments will be selected based on the following criteria: 1. The segments will be high -integrity, substantial, contributing segments (minimally, one substantial segment each in the Pilot Butte Canal and the Central Oregon Canal) to the overall eligible District; 2. The segment should include a variety of features, such that it well -represents the function and appearance of the water conveyance system., as it appeared as an intact system; 3. The segment should be of sufficient length that on-site interpretation (see Stipulation B.3 (b), below) can be achieved in an attractive, well -organized fashion, without crowding or overwhelming the resource itself. (b) Once selected, the identified segment will be cleaned, repaired, and returned to working condition in a way that meets the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the immediate vicinity prepared such that it creates a welcoming, attractive environment for the public visitation and interpretation of the resource. (c) The interpretation of the resource will be achieved through the use of static or active displays that relate the history, function, and significance of the Central Oregon Irrigation District water conveyance system. Such displays will be presented in a format that is weather- and vandal -resistant, attractive, and engaging. Draft content and layout of the interpretive display(s) will be submitted to Reclamation and SHPO for review and comment, and if any revisions are requested, revised versions will be submitted for a second review prior to fabrication. Upon acceptance of the draft content by Reclamation and SHPO, the District will cause the interpretive display to be constructed. (d) Once constructed, the interpretive site and displays must be maintained by the District in an attractive and functioning condition. 4. Completion of this MOA The terms of this MOA will be considered to be completed when the above implementing actions (A -B) have been completed to the satisfaction of Reclamation and SHPO. Upon completion of the implementing actions, all adverse effects resulting from subterranean piping of all canals, laterals, .sub -laterals, and ditches will be considered to be fully mitigated, and may proceed without Section 106 or ORS 358.653 (as appropriate) consultation with Reclamation or SHPO. 5. Period of Performance This MOA shall become effective on the date of the last signature hereto and extend three years after the date of the last signature. The MOA will also be considered terminated once all stipulations are complete, or five years after the date of the last signature on this MOA. Any party may terminate this MOA by providing 30 MOA #R14MA13733 Page 5 Exhibit A, Page 5 of 8 days written notice to the other party(ies). Any party may formally request modification of the MOA by providing a written request to the other party(ies). If this MOA is terminated prior to completion of the above stipulations, then all projects undertaken from the date of the final signature not covered by the PA (should it be in effect) on this MOA must be reviewed under standard review practices under Section 106 of the National Historic Preservation Act, or under ORS 358.653, as appropriate. 6. Modifications Reclamation, SHPO or the District may formally request modification of this MOA. Modifications shall be made by mutual consent of Reclamation, SHPO and the District by the issuance of a written modification to this MOA, signed and dated by all parties prior to any changes being performed. 7. Principal Contacts The principal contacts for this MOA are: For Reclamation: Chris Hosting -Jones Archeologist 1375 SE Wilson Ave. #100 Bend, OR 97701 Phone (541) 389-6541 Fax (541)-389-6394 Email: chortingjuncs(u?usbr.goy For the District: Laura Wollam Grant Specialist Central Oregon Irrigation District 1055 SW Lake Ct. Redmond, OR 97756 Phone (541) 504-7577 Fax (541) 548-0243 Email: lauraw@coid.org For SHPO: Jason Allen Historic Preservation Specialist State Historic Preservation Office Oregon Parks and Recreation Department 725 Summer St. NE, Suite C Salem, OR 97301-1266 Phone (503) 986-0579 Fax (503) 986-0793 Email: J ison.Alle06tale onus MOA #R14MA13733 Page 6 Exhibit A, Page 6 of 8 8. General Provisions a. Reclamation's responsibility for ensuring completion of consultation with SHPO for future undertakings identified in Section 3.B. is limited only to those that qualify as Federal undertakings. Projects identified in Section 3.B. that do not qualify as Federal undertakings are subject to review by the SHPO under ORS 358.653, and the responsibility for consultation and completion will rest with the District. b. Completion of the mitigation stipulations will be considered to satisfy the requirements for mitigation of adverse effects for a previous undertaking (Pilot Butte Canal Juniper Ridge Piping Project Phase 2 [SHPO Case# 10-1873]) that has not yet been mitigated as of the date of the final signature on this MOA. c. This MOA is neither a fiscal nor a funds -obligating document for Reclamation. Any endeavor or transfer of anything of value involving reimbursement or contribution of funds between the parties of this MOA will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This MOA does not provide such authority. d. Nothing herein shall be construed to obligate Reclamation to expend or involve the United States of America in any contract or other obligation for the future payment of money in excess of the appropriations authorized by law and administratively allocated for the purposes and projects contemplated hereunder. e. No member of or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of the MOA or to any benefit that may arise out of it. f. Any information furnished to Reclamation, under this MOA, is subject to the Freedom of Information Act (5 U.S.C. 552). g. All parties to this MOA agree to comply with all Federal statutes relating to nondiscrimination, including but not limited to: Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, religion, sex, or national origin; Title IX of the Education amendments of 1972, as amended, which prohibits discriminationon the basis of sex; the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, which prohibit discrimination on the basis of disability; the Age Discrimination in Employment Act of 1967, as amended, which prohibits discrimination based on age against those who are at least 40 years of age; and the Equal Pay Act of 1963. 9. Signatures Reclamation, SHPO and the District will abide by the terms and provisions expressed or referenced herein. BUREAU OF RECLAMATION by: it ,h Gert KelsoY Manger V' g Columbia -Cascades Area Office MOA #R14MA13733 DATE: Z E E l4 Page 7 Exhibit A, Page 7 of 8 OREGON STATE HISTORIC PRESERVATION OFFICE BY: 1 Roger Roper Deputy State Historic Preservation Officer CENTRAL OREG_ON)IRRIGATION DISTRICT BY: St41nson Seorlary-Manager End of Document — MOA #R14MA13733 DATE: DATE: Page 8 Exhibit A, Page 8 of 8 COC SIGNIFICANT MAINTENANCE/EVENTS, WARD RD. to GOSNEY RD. The 3.4 mile stretch of the Central Oregon Canal (COC) between Ward and Gosney Roads is a high fill section of open canal that was constructed some 115 years ago. This section has generally required more maintenance and reconstruction activities than any other section of the COC, due to the geography and topography. This report catalogues recent major reconstruction and emergency maintenance activities in the past 25 years. While COID does not have institutional recollection or records for maintenance and reconstruction activities between the original construction and the 1990s, we believe that the below report is representative of efforts that would have been necessary throughout the history of this canal due to the difficulty posed by the lava rock in this area. The native silt type soil available on site was used to construct the canal along a sloped hill side along most of this stretch. The canal sits at an average of 20 feet above the adjacent lands on the low side of the system. At Ward Road the canal water flow is approximately 400 cubic feet per second (cfs). At Gosney Road the canal flow is reduced to approximately 335 cfs due to diversions feeding into other laterals and deliveries within that 3.4 mile stretch. This segment of canal is monitored daily by the ditch rider during Irrigation Season (April through October), and during COID's off season one-week long livestock water runs (normally scheduled for November, January, February, March, weather and other factors permitting). Included for use with the bullet point notes below is an aerial map pinpointing numbered locations (1 through 9) along this stretch of canal where significant reconstruction, maintenance work, events, and/or additional routine maintenance work has occurred. Photographs of locations 1; 2; 3; 4 (included in Siemens geologist report); 5; 7; 8; and 9 are also included. • Location 1: Burrowing animal (marmot) damage resulted in a minor breach several years ago in the high fill embankment on the canal road side. Per the ditch rider, an area of land approximately 150 feet by 150 feet was submerged under about 1 foot of water until the repair could be made. If not attended to immediately, a major breach of the canal could have potentially occurred, and potentially spilling approximately 200 cubic feet per second (90,000 gallons per minute) of water onto the adjacent land on the lower side of the high fill embankment. The repair consisted of using a track excavator to excavate down approximately 4 feet in the center of the embankment canal road for a length of about 20 feet to find the burrow hole. Approximately 10 cubic yards of clay was mixed with the existing excavated soil to produce a suitable backfill material. This material was compacted into the hole to seal off the burrow hole water flow. (Note: see location 1 site photograph)' • Location 2: Embankment erosion had gradually occurred overtime in a bend in the canal on the south (off-road) side of the channel causing adjacent landowners on the south side some concern in 2007/2008. COID contracted with Geologist Andy Siemens (Siemens & Associates) to evaluate the land owner concerns. Per his recommendation, rip -rap (rock armoring) was placed along the south side embankment to help prevent further erosion. Approximately 200 lineal This emergency repair required alteration to the exterior of the structure, and so would have posed a significant challenge to COID and safety risk to adjacent properties if listed as a Goal 5 historic resource such that reconstruction had first required obtaining a permit from the Deschutes Historic Landmark Commission that meets only quarterly. Exhibit B, Page 1 of 34 feet of the embankment was armored. Note: see enclosed location 2 Siemens & Associates report dated April 11, 2008, and location 2 site photograph) The addition of rip-rap in this section substantially altered the appearance of the canal. • Location 3: During the 2007 off season COID performed some rock breaking work at this location to reduce the height of a basalt rock outcropping in the canal channel. This allowed for more free flow of the water in the channel, and reduced the risk of ice damming on the rock outcropping and the ditch rider walk bridge crossing the canal during the off season livestock water runs occurring during frigid conditions. The size of the rock outcropping removed was approximately 15 feet long, by 20 feet wide, by 2 feet high. Some minimal rock breaking occurred immediately downstream of the walk bridge as well removing some rock points allowing for less obstruction and improved flow. The busted rock was used to add more armoring to the canal embankment adjacent to the rock outcropping removal work. (Note: see location 3 site photograph). Again, this effort required substantial modification to the exterior of the canal structure. • Location 4: During the January 2010 off season livestock water run (approximately 200 cubic feet per second), the canal floor and a portion of the canal embankment on both sides of the channel collapsed and exposed large underground fissures and cavern type geology extending well into the embankments. A segment of the canal road was also swallowed by the collapse. Geologist Andy Siemens (Siemens & Associates) was contracted to evaluate the collapse and to design an appropriate repair. JAL Construction was contracted to perform the repair. See enclosed Siemens & Associates Reports with photographs dated January 29, January 21, and April 5, 2010, and related invoices. (Additional note: Interestingly, a landowner's pond located approximately one- half mile due north of the COC collapse had twice collapsed and been repaired during the 2009 irrigation season. That collapse revealed similar underground characteristics as the canal collapse event). • Location 5: "Burt's Chute" is a 100 foot long narrow concrete channel constructed within the canal channel some decades ago, likely built to span the canal over a high loss area, or sink hole, due to fissures in the basalt. The long wide ponding/stilling pool below Burt's Chute required embankment rip-rapping (armoring) previously to lessen embankment erosion caused by the force of the swirling water after it exits the chute. Both sides of the channel were rock armored for approximately 200 feet in length. This location will require additional armoring reinforcement repairs in the near future. Some rock armoring has fallen away from the embankment and will need to be reset. Additional rock may need to be imported to improve the existing armoring. (Note: see photographs of site) • Location 6: According to the ditch rider, a serious breach had occurred at this location during the 1993 irrigation season as a result of burrowing animal damage. He recalls being told that the breach was approximately 15 feet wide by 3 feet deep, by 30 feet in length, spilling approximately 50 cubic feet per second of water (about 22,500 gallons per minute). Water was flowing across the bare property below the high fill embankment between the canal and Bear Creek Road and the county road bar ditch was filled with water for several hundred feet in each direction with some water reaching the height of the asphalt road surface and crossing over the road. Per the dimensions provided by the ditch rider, it would have taken a minimum of 70 cubic yards of clay- soil mix to backfill the breach and make the repair. (Note: No photograph) • Location 7: On July 8, 2017, a burrowing animal (gopher) caused a leak at the base of the high fill slope into a resident's back yard. This was reported by the landowner to COID's after- hours/weekend call service. Due to its hidden location (back yard, behind a fence and at the base of a tree), COID's daily monitoring would not have observed the leak. COID responded promptly and performed the repair. The repair was made by excavating down 3 feet deep for 20 feet in length in the center of the embankment canal road until encountering the burrow hole water Exhibit B, Page 2 of 34 flow. 5 cubic yards of clay was mixed with the excavated soil to make the repair. (Note: See photograph Location 7).. • Location 8: "Sterns Waste" was constructed several decades ago as an emergency canal spill should a catastrophic event occur downstream of location 8 that required the canal flow be rapidly reduced and/or eliminated. At this location, there are three 4 foot diameter "Waterman" wheel type headgates for managing an emergency canal spill. The last time the gates were used was in January of 2013 during an off season livestock water run. The temperatures dropped dramatically during the night within a few hours resulting in ice dams forming in the main canal and laterals in the Powell Butte area. The COC head works gates in Bend were closed immediately and both the Sterns Waste gates, and the Dry Canyon spill gates (located downstream adjacent to Brasada Ranch), were opened to rapidly reduce the water flow, helping to prevent further overtopping of the COC embankment and flooding of the Powell Butte Highway. Simultaneously, the COID crew worked through the night with heavy equipment breaking ice dams in an attempt to keep water flowing and in the canal. The Crook County Road Department assisted with traffic control and sanding during the hours that freezing water was on present on the Powell Butte Highway. Sterns Waste is essential to COID's emergency response needs. (Note: see location 8 photographs) • Location 9: Historically this location, about 500 feet upstream of Gosney Road, is well known for canal embankment seepage. In July 2015, the land owner owning property under the high fill embankment reported to COID that they perceived the amount of seepage had increased compared to previous years. COID promptly responded and found no signs of burrowing animal activity. COID more closely monitored this location and contracted with the Wallace Group to perform a geotechnical evaluation. See the enclosed Wallace Group report dated July 21, 2015. COID's further monitoring observed that the seepage lessened throughout the remainder of the 2015 irrigation season and the standing water dried up significantly. COID monitoring this 2017 irrigation season observed some increased seepage but not to the degree first observed in 2015. Note: see location 9 site photograph) • Other: Throughout this entire 3.4 mile stretch of main canal (Ward Road to Gosney Road) silt bar accumulations must be routinely removed every 3 — 5 years using heavy equipment (dozers, track excavators, dump trucks). As the work occurs, several hundreds of cubic yards of silt spoils are placed along segments of the embankment where extra widening is a benefit to further reinforce the high fills, or stock piled to be exported and used as bedding/backfill material on COID construction/improvement projects at other locations. Exhibit B, Page 3 of 34 0 ce >w z 0 0 0 a' O' ce z w >= w 0 z z w 1— z Q 2 H z U'. u. . Z 0 c 0 0 Exhibit B, Page 4 of 34 Exhibit B, Page 5 of 34 LD€A1/1f S i F NI E N S & A S S () (' 1 A 'i' E s Central Oregon Irrigation District 1055 SW lake Court Redmond, Oregon 97756 Attention: Larry Roofencr Project: Central Oregon Canal Bend, Oregon Subject: Geotechnical Observations April 11, 2008 Project No. 1081018 Dear Larry, We met you the afternoon of April 3, 2008 to review a select portion of the canal for the purpose of offering our opinion concerning bank stability. The area that we reviewed is along the right bank a short distance downstream from Ward Road adjacent the property owned by Rudy & Margaret Molzan and James Ristoff (tax lots TRS 18-12-01, 'FL 2300 and TRS 18-12-01 TI., 2400, respectively). At the time of our visit the canal was essentially dry and the areas of interest were readily available for review. The normal high-water mark was easily discerned from mineral precipitate on both Targe and small rock embedded within the canal bank. In this area the canal appears to offer a moderate gradient such that flow velocity is likely above average. The canal flows east through most of the Molzan property and then bends to the northeast. Canal depth appears to be on the order of 6 to 8 feet. The area hosts thin soils underlain by basalt— basalt is exposed throughout the canal bottom and appears fresh and clean with very little sand or silt deposition supporting our conclusion of moderate velocity flow. The canal is mostly in cut although low soil berms are built up on both sides. We observed several areas along the Molzan property where it is our opinion that light erosion has promoted the upper foot or so of the canal hank to slump down about that same distance. These are fairly minor disturbances likely promoted by the undermining of soils near the high-water line held together by vegetation that slowly degraded and finally became too weak to support the weight in a saturated condition. These types of slumps often occur shortly following a rapid drawdown of the canal as the seepage forces toward the canal promote movement of weakened embankment. We did not observe indication of a larger instability such as a deep seated bank failure or reason to suspect that such a situation is imminent. Further, it is our view that the condition is one that has been developing for a long time and we do not assign a great urgency to the repair as it is our view that S elms & ssnciates office: 5 11-385-65(1t) siemensrrnbendcable.com 19131 Rkrr woods Uric r. 0770:? fiend. Oregon lax: 111.1 -296 -?2.71 Exhibit B, Page 6 of 34 Johnson Road Pit: Site 303 and Golder Associates Summary of Findings Project Number 1071015 Tumalo, Oregon Siemens & Associates even if unconnected future years are likely to see a similar slow degradation of the bank rather than a rapid or catastrophic failure. However, it is also our opinion that stabilization efforts should be performed and the sooner, the better. During our visit, we pointed out the areas where we think stabilization would be beneficial in the form of a simple armoring from just below the high-water up to the top of the embankment. Such protection can easily be established by excavating a solid bench into the existing riprap to form the foundation for additional riprap placement. Care should be observed when placing the new riprap to assure that it is firmly seated on the slope and well supported at its base. The riprap sizes can range from the largest rocks available to cobble sized rock with the smaller constituents best used to chink the void space between the larger rocks. Suitable riprap materials were stockpiled on site and can be gathered from the canal bottom and other areas where loose rock occurs. At some time we suggest improving the bank armor at the northeast bend. While currently offering reasonably stable banks the soils along the bend can be expected to slowly degrade if not maintained by suitable riprap or other means of slowing erosion. In areas such as these, it is our opinion that COID would benefit from establishing control points on each canal side that can be used to monitor the canal cross-section with time. This will help determine the effectiveness your stabilization efforts and serve as a record of success or a basis to justify additional effort. Methodology of such monitoring was discussed in the field. This report presents our professional opinion based upon a quick site visit, discussion and visual observation of surface conditions. The conclusions generated are presented as an endeavor to conform to the standard of practice currently employed by area geoprofessionals conducting similar work — we make no other warranty express or implied. We appreciate the opportunity to provide this review and would be delighted to expand any of the topics as necessary. If you have any questions, just ask. Siemens & Associates Respectfully submitted, Siemens & Associates J. Andrew Siemens, P.E., G.E. Renews 6/30/2008 Addressee: 3 hard copy page 2 Bend, Oregon Exhibit B, Page 7 of 34 jMill111h11 x i•it , 'a•e : o L�cAru,I, '' S l n 1? N S & A s s 0 r I A 1? Central Oregon Irrigation District 1055 SW Lake Court Redmond, Oregon 97756 Attention: Steve Johnson, Larry Roofener Project: Central Oregon Canal: Collapse Bend, Oregon Subject: Geotechnical Reconnaissance January 21, 2010 Project No. 1101010 Gentlemen, This letter presents our findings, conclusions and discussion of repair options to return service through a short section of canal that recently collapsed during a winter stock run. The affected area is located about' miles east of Ward Road and % mile south of Bear Creek Road. We have explored the canal collapse through non-destructive means including basic field observation, geophysical methods using DC electrical imaging combined with limited research into readily available geologic information bearing on the area. The geology of the zone is dominated by a thin layer of silty sand soil placed by wind and water that conceals layers of basalt related to the Newberry volcanic center to the distant south. The basalt offers highly variable characteristics in terms of degree of fracturing, jointing and inflation and is disrupted by numerous faults that typically follow a northwest -southeast alignment. In addition, the area is known to host many air-filled lava tube caves some identified where the roof structure has collapsed due to natural causes, others remain concealed below thin layers of basalt. Siemens 8: Associates siemcnsw bendcable.com office: 5-11-385-6501) 1913-1 River Woods Drive, 97702 Bend. Oregon fax: 503-296-2271 Exhibit B, Page 10 of 34 CO1D Canal Collapse: January 2010 Bend, Oregon Project Number 110010 Siemens & Associates The canal likely crosses numerous lava tube caves and faults as well as other anomalous zones such as boundaries between flow lobes and inflation features — most being harmless. Although we are not 100 % certain for reasons discussed later, we have not discovered any compelling reason to think that an air-filled lava tube collapsed. Rather, our findings suggest a Tess dramatic geologic anomaly probably associated with a heavily fractured, porous and inflated lava system that inflated differentially during its emplacement and the depressed surface sequentially filled with soil prior to the original canal construction. This depression includes an indurated (hardened) surface layer resembling volcanic tuff that provided reasonably good resistance to erosion over the years. Cracks and other disconfortnities in this hardened surface layer along with clefts adjacent the more resistant basalt allowed seepage and subterranean erosion of the less competent underlying soil that was gradually flushed into large cracks and fissures of the supporting basalt below. The process has been ongoing for many years and although the collapse may have been precipitated by recent construction activity that included rock chipping in the area, the bridged erosion voids would have eventually failed anyway. In our view, a variety of options are available to restore service with the primary objective being the sealing of subterranean voids such that future seepage energy is reduced to a degree that will not erode soil from either the canal bottom or embankments. This can be done effectively by building a graded filter from the bottom of the Siemens & Associates /page 2 Bend, Oregon Exhibit B, Page 11 of 34 COI D Canal Collapse: January 2010 Project Number 110010 Bend, Oregon Siemens & Associates cleaned out collapsed zone that is integrated with the intact margins of the existing canal. Physical exploration to determine the extents of the repair should be done as loose debris is removed. We anticipate that much of the spoil will be suitable for reuse in the reconstruction. The completed surface through the collapsed zone could be finished with a lean concrete (the Cadillac repair) or we think that a Tess expensive soil floor and embankment armored with rip rap would also be acceptable providing that the flow is not so turbulent as to promote new erosion. Based on our findings, we estimate that a length of canal on the order of 100 feet will require reconstruction. A rough Site Plan is attached to this letter along with the interpretations from two electrical imaging lines that extend along the top of each embankment. Although we ran a third electrical imaging line down the center of the canal, the effort was unsuccessful in developing a robust description due to poor electrical contact in the rock and failure to inject high current levels. Therefore, the results from that survey are not presented. We have conducted many similar surveys with electrodes set directly in rock and this is the first time that the method failed. This promotes our concern that some unusual (and undiscovered) geologic condition prevails to influence the effectiveness of the method through the bottom of the canal. As a result, we recommend conducting the clean out with caution to potential unidentified geologic hazard. S'renrcns & Associates page 3 Bend, Oregon Exhibit B, Page 12 of 34 COI D Canal Collapse: January 2010 Project Number 110010 Bend, Oregon Siemens & Associates This report presents our professional opinion based upon geophysical measurement and interpretation presented as an endeavor to conform to the standard of practice currently employed by area geoprofessionals conducting similar work in Central Oregon at this time — we make no other warranty express or implied. We appreciate the opportunity to conduct this exploration and look forward to assisting you work out an effective repair. If you have any questions, just ask. Siemens. & Associates Respectfully submitted, IMOke, Siemens & Associates 37Z 7t. v r -- J. J. Andrew Siemens, P.E., G.E. pe ddressee: 1 electronic Enclosures: Site Plan, R-1, R-2 122tilew5 47 ,/a lv page 4 Bend, Oregon Exhibit B, Page 13 of 34 0 c\1 1 1 1 1 1 1 1 1 1 January 2010 T 3 m L O E ccs0 a N L v v a m CS 61 4 _ -o A'- • 0 L In 0% _ 0 E N O m 1— o UN 41 = ai In .mS Y) C4Ej a Is c Wt.) 0 vzi L 41 E W • °i N • y� R t 75 t = 0 iS 1Z 1 :. L . 1 o • _1 o _N CZ N 0 CD M as m eb d eb © m eb © m m o © © o N M � ll1 .O N. I 1 t I I I I Exhibit B, Page 15 of 34 tsN N i N E d cu U rs w ® e © o m c r N 0, $ LA .0 N. Exhibit B, Page 16 of 34 LOCATION S l MK NS & A S s O (' l A Central Oregon Irrigation District 1055 SW Lake Court Redmond, Oregon 97756 Attention: Steve Johnson, Larry Roofener Project: Central Oregon Canal: Collapse Bend, Oregon Subject: Geotechnical Reconnaissance During Repair January 29, 2010 Project No. 1101010 Gentlemen, Since our meeting at your office last Friday, January 22, 2010 we have been assisting with the repair effort that is currently underway. This letter is prepared as an update concerning findings and repair strategy. The effort has progressed essentially as envisioned during our meeting beginning with an exploratory effort that included verification of collapse boundaries and probable cause. In our view, the conclusion that the collapse is a result of subterranean erosion of loose soils into underlying basalt cracks and fissures (clefts) remains to be the most likely cause of the collapse. A recent snow fall promoted an approximate one day delay while the temperatures climbed and the snow was removed by spraying with water. The effort was very successful and as a result, the collapse soils that are removed will be free of snow and suitable for reuse. A significant volume of very loose and erosion vulnerable soil is being removed from the collapse zone resulting in excavation depth through a small area on the left side that was about 13 feet deep as measured from the canal bottom. Although difficult to Siemens & Associates sien►ensu;dtendcablc.com office: 541-385-65(10 19134 River Woods I)ric. 97702 Bend. Ore,.'on lax: 503-296.2271 Exhibit B, Page 17 of 34 COID Canal Collapse: January 2010 Project Number 110010 Bend, Oregon Siemens & Associates judge, we estimate that the average excavation depth was probably on the order of about 6 to 8 feet from canal bottom. Total volume to be restored is expected to be on the order of 1000 to 1200 cubic yards, a large portion of which will be made up from excavation spoils. The remainder will be import mostly from JAL's West Butte Pit near Millican, Oregon. We have visited and sampled materials from West Butte Pit and based on our data, visual review, and with test results provided by JAL, we judge that suitable materials are available to complete the repair. An additional import source for clayey material has yet to be defined for the recommended low permeability zone. Soils and collapse debris are being removed to expose either a rock subgrade as judged from bucket refusal or to an apparently firm combination of rock and soil in apparently undisturbed condition. From this point, we recommend proceeding with a sequence of repair tasks as follows: 1. Continue loose soil removal to expose firm subgrade composed of either rock or competent soil. 2. Moisture condition the thin layer of soil remaining at the subgrade level while washing soil into suspect areas likely to host large cracks and fissures. 3. Hoe -pack subgrade. 4. Place primary protective filter: Use 3 inch minus basalt from stockpile at JAL's West Butte Pit, Millican, Oregon. This layer should be distributed to achieve an approximate 2 foot thickness (or greater) over the entirety of the subgrade. The primary filter should be nestled into place with vibratory energy delivered by a hoe -pack. 5. Place secondary protective filter: use ODOT % inch minus crushed aggregate — acceptable material includes JAL's stockpile at West Butte Pit. The thickness of the secondary filter should be at least 1 foot and the layer should be moisture conditioned and heavily compacted using a hoe -pack. 6. Restore left and right embankments — the left embankment (looking downstream) should be Siemens & Associates page 2 Bend, Oregon Exhibit B, Page 18 of 34 COID Canal Collapse: January 2010 Project Number 110010 Bend, Oregon Siemens & Associates rebuilt using the reject fines tested from West Butte Pit. Select spoils are acceptable for restoring the right embankment. Restoration soils should be moisture conditioned, placed in thin, horizontal lifts (about 1 foot) and heavily compacted while integrating the contact with the existing embankment. The embankment lines should consider the volume necessary for clay and rip rap finishes. 7. Place low permeability (clayey) layer over top of secondary filter layer and up the restored embankment slopes approximately I foot above high water line. Acceptable source to be researched by contractor (JAL) and approved by geotechnical engineer (Siemens). Low permeability layer should be 1 foot thick or greater and heavily compacted. 8. Refill remaining area using onsite spoils separating boulders as is reasonably practical for later use as onsite rip rap. Refilling should commence to within about 1 1/2 foot of finished canal grade. 9. Restore rip rap protection throughout repaired zone and integrate with undisturbed areas. 10. Rebuild flow gate and check structure as directed by COID at left embankment This report presents our professional opinion based upon visual review of the conditions encountered combined with previous geophysical measurement and interpretation. The conclusions and recommendations are presented as an endeavor to conform to the standard of practice currently employed by arca geoprofessionals conducting similar repair in Central Oregon at this time -- we make no other warranty express or implied. We appreciate the opportunity to conduct be of service and look forward to assisting you work out an effective repair. If you have any questions, just ask. Siemens & .Associates Respectfully submitted, Siemens & Associates .1. Andrew Siemens, P.E., G.E. je:tahew S 473%ty Addtessee: 1 electronic Enclosures: Grain -Size Distribution Curves page 3 Bend, Oregon Exhibit B, Page 19 of 34 O Project Numbe Grain -Size Distribution O NO ui West Butte Pit - 3 inch minus West Butte Pit - Reject Fines -Canal Subgrade Soils - native 3/4 minus - ODOT average 0 O a) in O. CV co O 0 c O c d CO" (O 00 `' I III I o v O O O N .- W 0C!] I I I- 1 1 1 1 l i l! 11 1 f Fill 111 / 1 1 1 1 1 1 1- 1 0 O IF O O O 0 O 00 r--6UISSBd % O O E E N 0 O O O Exhibit B, Page 20 of 34 L&*CATID� q m N S & A s s 0 c 1 A TH: S Central Oregon Irrigation District 1055 SW Lake Court Redmond, Oregon 97756 Attention: Steve Johnson, Larry Roofener Project: Subject: Central Oregon Canal: Collapse Bend, Oregon April 5, 2010 Project No. 1101010 Geotechnical Reconnaissance — Final Observations Gentlemen, We have assisted your contractor (JAL Construction, Inc.) with the repair process which has taken place over the past few months. Our observations support a conclusion that the effort has resulted in an effective and efficient restoration likely to offer many years of service. The conditions encountered as the work progressed were consistent with those anticipated as a result of the original reconnaissance and the repair process itself advanced in general accordance with our recommendations (described in letter to COID dated 1-29-' 10) with a few modifications. It is our opinion that the contractor performed the work diligently to compete the task on time for a reasonable cost. Before and after photographs: Siemens& Associates sicmens`ahendcable.com office: 541-385-6500 19134 River Woods Drive. 9771)2 Bend. Oregon fax: 503-296-2271 Exhibit B, Page 21 of 34 COID Canal Collapse: January 2010 Project Number 110010 Bend, Oregon Siemens & Associates The repair included removal of erodible soils through the affected zone, replacement of the materials with a graded filter composed of successively finer layers from the bottom up all capped with a layer of basalt cobble and boulder rip rap. In addition, both canal banks were reconstructed using fine grained spoils from onsite excavation or from a silty import. Following completion of the repair, small erosion disturbance developed where the flow swept around the end of the check structure within the repaired area. We suspect that the current exposed an area where the rip rap was not as thick as planned (18 inches or more). This situation was addressed by excavation, placement of geotextile and thicker rip rap and then extending the check all the way across the canal. Finally, the check structure was added additional security by concrete slurry. The fix appears to have corrected the weakness following observations from a subsequent stock run. Based on our exploration and observations through the reconstruction process, it is our opinion that the District should anticipate sonic minor adjustments in surfaces as flow through the repaired area identifies minor deficiencies; however, we are confident that the deep seated erosion potential has Siemens & Associates page 2 Bend, Oregon Exhibit B, Page 22 of 34 COID Canal Collapse: January 2010 Project Number 110010 Bend, Oregon Siemens & Associates been fully addressed such that the opportunity for future development of large scale cavities and subsequent canal collapse has been effectively blocked through this interval. This report presents our professional opinion based upon visual review of the conditions encountered combined with previous geophysical measurement and interpretation. The conclusions and recommendations are presented as an endeavor to conform to the standard of practice currently employed by area geoprofessionals conducting similar repair in Central Oregon at this time — we make no other warranty express or implied. We appreciate the opportunity to conduct be of service and look forward to a long and prosperous flow through this section of canal. If you have any questions, just ask. Siemens & Associates Respectfully submitted, f k Siemens & Associates J. Andrew Siemens, P.E., G.E. ON , � ��l ressee: 1 electronic • � e ' e4 5 4e/7#/2"acv page 3 Bend, Oregon Exhibit B, Page 23 of 34 Exhibit B, Page 26 of 34 x .it :, `a•e : 0 3, L.oc,A,Z'�► owl LarryRoofener From: Mark Herbert <mherbert@wallacegroup-inc.com> Sent: Tuesday, July 21, 2015 4:58 PM To: Larry Roofener Subject: Central Oregon Canal Report Attachments: TWG15L033 Central Oregon Canal.pdf Hi Larry: Attached is our Geotechnical Reconnaissance Report for the Central Oregon Canal section we observed near Gosney Lane. Thanks for providing this opportunity to help COID with its risk management effort on this section. Would you please have Craig review and sign our services agreement, or send us a different form of agreement if you prefer. Please cat if you have questions. Best regards, .dark Mark V. Herbert, PE, GE Principal Geotechnical Engineer The Wallace Group, Inc. 62915 NE 18th St, Ste 1 Bend, OR 97701 P: 541.382.4707 F: 541.383.8118 C: 541.410.9800 mherberWawallaceproup-inc.com wallaceGRouP Exhibit B, Page 30 of 34 TECHNICAL MEMORANDUM Date: July 21, 2015 To: Mr. Larry Roofener, Operations Manager Central Oregon Irrigation District 1055 SW Lake Road Redmond, OR 97756 wallaceGRouP From: Mark V. Herbert, P.E., G.E., Principal Geotechnical Engineer Subject: Geotechnical Reconnaissance Report Central Oregon Canal, Upstream from Gosney Lane Bend, Oregon Project No. 10574, Task 1 Background Wallace Group, Inc. (Wallace Group) was retained by the Central Oregon Irrigation District (COID) to conduct a geotechnical reconnaissance of the Central Oregon Canal embankment, located approximately 500 feet upstream of the canal's intersection with Gosney Lane, about five miles east of Bend. We understand the canal embankment in this reach has leaked continually during irrigation season for several years, however, the seepage rate reportedly has increased recently. A section of embankment has reportedly slumped, indicating some movement of the embankment has occurred. The purpose of our reconnaissance was to evaluate the canal embankment to assist COID in both temporary monitoring and long-term repair efforts. The canal in this reach was formerly a raised flume, which was later replaced with a raised embankment. A summary of the conditions encountered during our reconnaissance and preliminary recommendations are presented below. OBSERVATIONS The canal embankment ranges from about 6 to 12 feet above the surrounding topography. Embankment construction records are not known to exist, however, most regional canals were built with basalt rock rubble produced during canal excavation. Some native soil was likely blended with the rock rubble, otherwise, seepage would be Exhibit B, Page 31 of 34 excessive. We observed seepage at several locations about 5 to 10 feet below the adjacent ditch rider road. Several, shallow Tee -handle probes revealed up to three feet of soft, saturated soils overlying what is likely basalt bedrock. A shallow pool of water was observed on an adjacent irrigation pasture, about 25 feet north of the embankment toe. The property owner reported the pool has existed in past years, but the volume of ponded water is greater this year. We did not observe flowing water, however, standing water was observed along the embankment slope. The water also relatively appeared clear, indicating erosion of fine soil particles was not significant. Along the canal bank where the ponded water is located, we observed a section of embankment that appeared to have slumped about 1% feet vertically. The soils below the slump are saturated and very soft. The COID ditch rider reported this earthen slump is relatively recent. The ditch rider road along this section appears that it may also be settling, although the magnitude may only be a few inches. The canal embankment and bottom is this section appear to be of similar, basaltic boulder construction, so it is likely that seepage is occurring laterally through the northern embankment and through the canal bottom. COID reported that seepage has not been observed on the south side of the canal embankment, even though it is also raised several feet above the surrounding terrain. CONCLUSIONS AND RECOMMENDATIONS Based on our observations, it appears that failure of the northern canal embankment in the area observed is not imminent. Therefore, repair efforts can be completed when the current irrigation season ends. However, if seepage increases or if flowing water is observed on the canal bank, some short-term remedial measures may be required. We assume the seepage area will be monitored daily or at least weekly by the ditch rider. Evidence of increased seepage or fresh embankment sloughing should be reported to Wallace Group immediately. We also recommend 6 to 8 survey hubs be placed on the ditch rider road and northern embankment in wet areas to allow periodic survey monitoring. We recommend 3 to 4 hubs be placed on the north edge of the ditch rider road, and a similar number placed on the embankment. We recommend the hubs be monitored monthly, with results of lateral and/or downward movement reported to Wallace Group. Long-term solutions include piping this section of canal, and lining the canal with roller - compacted concrete and/or shotcrete. Short-term measures to reduce seepage include placing impervious fabric against the canal bank and bottom, however, this would require a temporary shutdown of the canal, if needed during irrigation season. TWG15L0533 Page 2 of 3 July 21, 2015 62915 NE 18"' St, Ste 1, Bend, OR 97701 p 1541.382.4707 f 1541.383.8118 wallacegroup-inc.com Exhibit B, Page 32 of 34 After irrigation season ends, we should re-evaluate the inside of the canal bank and bottom to provide additional insight concerning the observed seepage. Ideally, we should observe the canal just after the water is shut off, to observe for areas where water may be funneling through sinkholes or porous rock areas. It may be warranted to excavate a few test pits into the canal ditch rider road, or on the northern canal bank. However, backhoe exploration will disturb the existing embankment, thus any subsurface exploration should proceed with caution. LIMITATIONS Wallace Group's scope of services included a visual geotechnical evaluation of the existing conditions at the subject site and were performed using a mutually agreed upon scope of services. Our opinions, conclusions and recommendations are based on our observations and local experience with similar soil conditions. Variations from the conditions reported herein are possible and are sometimes sufficient to alter our conclusions. The Client must recognize that it is impossible to predict every subsurface condition that could be present. If new or additional information becomes available, we should be notified to evaluate the information and recommend an appropriate alternative course of action. The professional judgments expressed in this report meet the standard of care of our profession; however, no warranty is expressed or implied. TWG15L0533 Page 3 of 3 July 21, 2015 62915 NE 18"' St, Ste 1, Bend, OR 97701 p 1541.382.4707 f 1541.383.8118 wallacegroup-inc.com Exhibit B, Page 33 of 34 xhibit B, Pa•e 34 0 3• To the State Historic Preservation Office: With this notarized statement, I certify that I am the sole or partial owner of the property located at TRS: 18130500 Tax Lot: 01200 , which is a private property located in the proposed Central Oregon Canal Historic District in Deschutes County, Oregon, and I object to the listing of said property in the National Register of Historic Places. Sign Full Legal Name 62„„t4k CA Print Full Legal Name /0 11 (� Date __1201(.1 b Nal Y1 )(// 4(Cheo kh7k1-- Legal Name(s) o1�%Title if Different from Above (Printed) /05.5 S r c' 1,44 14C Cr `.. p Ntor-tD 6Z__ cl 775 Mailing Address - Street City State Zip State of Oregon County of Multnomah Signed or attested before me on OeT •Xrk-,k <0 CLQ -e4 Notary Public - State of Oregon My Commission expires: /l , 20/% by q , , o..a/ Objections must be notarized by a Notary Public to be valid. Mail to: Oregon Parks and Recreation Department State Historic Preservation Office ATTN: Tracy Zeller 725 Summer Street NE, Suite C Salem, OR 97301 OFFICIAL STAMP CHARLENE RENEE ROBINSON NOTARY PUBLIC- OREGON COMMISSION NO, 966440 MYcOMMI881ON EXPIRES SEPTEMBER 10, 2021 Exhibit C, Page 1 of 4 To the State Historic Preservation Office: With this notarized statement, 1 certify that 1 am the sole or partial owner of the property located at TRS: 181201B0 Tax Lot: Canal Lot , which is a private property located in the proposed Central Oregon Canal Historic District in Deschutes County, Oregon, and 1 object to the listing of said property in the National Register of Historic Places. Sign Full Legal Name Print Full Legal Name /4•/1•/7 Date J YviaP Ottebryi ni Legal Name(s) on itif I fferent from Above (Printed) t4 es- C,r i2Er6 +-ko t -L c), OL q77$ G. Mailing Address - Street City State Zip State of Oregon County of Multnomah Signed or attested before me on CV /l , 20 /7 by _ Z --e-,1 e Notary Public — State of Oregon My Commission expires: Objections must be notarized by a Notary Public to be valid. Mail to: Oregon Parks and Recreation Department State Historic Preservation Office ATTN: Tracy Zeller 725 Summer Street INE, Suite C Salem, OR 97301 OFFICIAL STAMP CHARLENE RENEE ROBINSON NOTARY PUBLIC- OREGON COMMISSION NO. 930440 MYCOMUIS81ONEXPIRES BEPTEMBER18,2021 Exhibit C, Page 2 of 4 To the State Historic Preservation Office: With this notarized statement, I certify that I am the sole or partial owner of the property located at TRS: 18130300 Tax Lot: 01600 , which is a private property located in the proposed Central Oregon Canal Historic District in Deschutes County, Oregon, and I object to the listing of said property in the National Register of Historic Places. Sign Full Legal Name Print Full Legal Name aA4(.t 2 7/47"'1 27 ASkje;/" Legal Name(s) off Title if Different from Above (Printed) /OW. Date Mailing Address - Street City State Zip State of Oregon County of Multnomah Signed or attested before me on Notary Public — State of Oregon My Commission expires: , 20 /7 by Objections must be notarized by a Notary Public to be valid. Mail to: Oregon Parks and Recreation Department State Historic Preservation Office ATTN: Tracy Zeller 725 Summer Street NE, Suite C Salem, OR 97301 OFFICIAL STAMP CHARLENE RENEE ROBINSON NOTARY PUBLIC- OREGON COMMISSION NO. 966440 91V OMMI810ONEXPIRES SEPTEMBER 18,2021 Exhibit C, Page 3 of 4 To the State Historic Preservation Office: With this notarized statement, I certify that I ani the sole or partial owner of the property located at TRS: 18130800 Tax Lot: 00500 , which is a private property located in the proposed Central Oregon Canal Historic District in Deschutes County, Oregon, and I object to the listing of said property in the National Register of Historic Places. Sign 1 1 Legal Name e zA t La lAo Print Full Legal Name /Q. //. / 7 Date & i 47a) /2,c Y4 wick„- / Legal Name(s) on Titic if Differei j/from Above(Printed) /054 stA) 97764, Mailing Address - Street City State Zip State of Oregon County of Multnomah Signed or attested before me on Notary Public — State of Oregon My Commission expires: c—` ;e77) O %/ , 20 /7 by Objections must be notarized by a Notary Public to be valid. Mail to: Oregon Parks and Recreation Department State Historic Preservation Office ATTN: Tracy Zeller 725 Summer Street NE, Suite C Salem, OR 97301 OFFICIAL STAMP CHARLENE RENEE ROBINSON NOTARY PUe31.IC- OREGON COMMISSION NO. 9t13440 MY COMMISSION EXPIRES SEPTEMBER 18,2021 Exhibit C, Page 4 of 4 -TES Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of October 16. 2017 DATE: October 9, 2017 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: Discussion of Application for Outdoor Mass Gathering for 4 Peaks Music Festival ATTENDANCE: Cynthia Smidt, Community Development SUMMARY: The Deschutes Board of County Commissioners is conducting a work session on October 16, 2017 in preparation for their public hearing on October 23 to consider a proposal by 4 Peaks Presents, LLC for an Outdoor Mass Gathering permit. The applicant, 4 Peaks Presents, LLC, is proposing to hold the 2018 - 4 Peaks Music Festival at 21085 SE Knott Road, Bend, in June. The music festival is a multi -day event that would include RV and tent camping, parking, and food and drink for an estimated 3,000 people, including staff and volunteers. Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd MEMORANDUM TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: October 9, 2017 RE: Work Session for an Outdoor Mass Gathering, File No. 247-17-000732-OMG PURPOSE The Deschutes Board of County Commissioners ("Board") is conducting a work session on October 16, 2017 in preparation for their public hearing on October 23 to consider a proposal by 4 Peaks Presents, LLC for an Outdoor Mass Gathering (OMG) permit. PROPOSAL The applicant, 4 Peaks Presents, LLC, is proposing to hold the 2018 — 4 Peaks Music Festival at the subject property, which is located at 21085 SE Knott Road, Bend, in June 2018. The music festival is a multi -day event that would include RV and tent camping, parking, and food and drink for an estimated 3,000 people, including staff and volunteers. The property is approximately 150 acres in size and developed with a single-family dwelling and multiple accessory structures. The surrounding area consists of farm and residential uses. The applicant has held a music festival outside of Tumalo' for nine years and at the subject property for the 2017 year. The applicant is proposing some modifications from the previous year including the layout design of the festival and its location on the subject property. Two changes in particular include locating most festival activities further from the eastern boundary then the previous year. In addition, at least one stage and speakers will be positioned so that they face away from neighbors located to the east. The applicant hopes this will provide a buffer from neighboring properties. The proposed dates for the 4 Peaks Music Festival is June 16-26, 2018, which includes set-up and removal of equipment, structures, and similar materials used for the festival. Specific event dates and hours are listed below. 1 The music festival was conducted on property located at 19449 Tumalo Reservoir Road. Quality Services Performed with Pride Saturday, June 16 9:00 a.m. — Preparation of site will begin (Some volunteers, staff, and security will be staying/camping on the property from June 16 — 26) Thursday, June 21 8:00 a.m. to 10:00 p.m. — Gates open 10:00 a.m. — Early bird camping begins 5:00 p.m. to 10:00 p.m. — Music festival Friday, June 22 8:00 a.m. to 10:00 p.m. — Gates open 8:00 a.m. — Yoga and kids activities begin (no music) 10:00 a.m. to 10:00 p.m. — Music festival 10:00 p.m. to 11:59 p.m. — Music festival in side tent only Saturday, June 23 12:00 a.m. to 1:45 a.m. — "Silent disco" (use of headphones) in side tent 8:00 a.m. to 10:00 p.m. — Gates open 10:00 a.m. to 10:00 p.m. — Music festival 10:00 p.m. to 11:59 p.m. — Music festival in side tent only Sunday, June 24 12:00 a.m. to 1:45 a.m. — "Silent disco" (use of headphones) in side tent 8:00 a.m. to 10:00 p.m. — Gates open 10:00 a.m. to 7:00 p.m. — Music festival Throughout the day, camping patrons will depart and volunteers will begin to take down and clean up Monday, June 25 to Tuesday. June 26 Break down of equipment and site clean-up. All event activities will conclude by end of day on June 26 The subject property has been divided into specific areas for the music festival. The main activity area contains the stages, vendors, restrooms, water, first aid, trash and recycling collection, and basic operational aspects of the festival. Just north of the main activity area will be an area for authorized personnel only. Also to the north is the entrance of the site, which includes general admission vehicle lanes, ticket will call, and day -use parking. Other areas surrounding the main event area are designated as car and RV camping. The design layout includes separate vehicle and pedestrian access aisles and an emergency access road. The applicant has addressed in their proposal the requirements involving insurance, sanitary facilities, water supply, fire protection, medical services, public safety and enforcement, parking facilities, alcohol and dangerous drugs, and hours of operation. File No.: 247-17-000732-OMG Page 2 of 3 OUTDOOR MASS GATHERING REQUIREMENTS/CRITERIA Deschutes County Code (DCC) Chapter 8.16 provides approval criteria for an Outdoor Mass Gathering permit. The applicant has satisfied the requirements addressed in Section 8.16.160, including obtaining signatures on the application form from the following agencies: • Bend Fire Department • Deschutes County Health Department • Deschutes County Environmental Health Division • Deschutes County Sheriff Staff believes the proposed outdoor mass gathering permit request can comply with the applicable standards and criteria outlined in Chapter 8.16 below if conditions of approval are met. Conditions will be noted in the Staff Report for the public hearing. The applicant is requesting a waiver from the requirement to maintain an ambulance on-site during the festival. However, no waiver is sought for the first aid station and the applicant indicates it will comply with County Code. The applicant has provided a Medical Service Plan, which includes the use of Adventure Medics, an event medical service. The Board may waive permit requirements, in this case ambulance service, upon showing good cause by the event organizer (see DCC 8.16.150(B)). Furthermore, if the Board determines no County law enforcement or other services are necessary and no significant public health, safety, or welfare issues are involved, the Board may waive that requirement as well. The Board waived the permit requirement for on-site ambulance service for the last four outdoor mass gathering permits for this festival when it was at the Tumalo and Bend location. For reference the closest fire station, Bend Fire Station #303, located at 61080 Country Club Drive, is approximately two (2) miles from the event site. PUBLIC NOTICE The Planning Division mailed notice to several agencies. Comments received will be noted in the Staff Report. Public notice was also published in the Bend Bulletin on October 1, 2017. In addition, the Planning Division sent notice of the proposal to all property owners within 750 feet of the subject property. Attachments A. 247-17-000732-OMG Application Materials and Supplemental Information File No.: 247-17-000732-OMG Page 3 of 3 PLEASE PRINT Applicant/Organizer: L1Teck'(_s -nts LL- C—: Phone: (541 87epta Mailing Address: 1H I \ (,) 1-h S City/State/Zip: 5enr1 oe. 7-7Q3 Property Description: Township I g Range 12-- Section22- Tax Lot 1812210000\00 Address: Z. \ 0 S' E le IlD+1- lad City/State/Zip: f',Oti 0V- 9-1 70 a. Estimated Attendance: 2-7 00 Date and Time of Gathering: Z I 1_ Li 2C' Description of Type of Gathering/Purpose (i.e., music, art, etc.) A 1 \J (\(;1 . ..ky:0,1\1 17,000;)y) V-)1+ J.4 Av\c, ) `Y. (it IfA )( (Y,i VA( V Contact person who will be available onsite during gathering: Name: T F Lk } CI,CNC Phone: ( Sid L / Email: (-)1,t ' Li 14' CA V-5 c AGENCY APPROVALS: Please have the following agencies/departments review your proposal before submitting this application. Signatures: Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co,deschutes.or.us/cdd/ OUTDOOR MASS GATHERING APPLICATION 5r) ENVIRONMENTAL HEALTH DIVISION (indicates approval of sanitary facilities in accordance with 8.10.220) FIRE PROTECTION DISTRICT OR STATE FIRE MARSHAL (indicates approval of fire protection devices on-site, in accordance with 8.16.230) COUNTY HEALTH DEPARTMENT (indicates approval of medical service, in accordance with 8.16,240) DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking plan in accordance with 8.16.250 and 8.16.260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided: a. Toilets d. Food preparation and/or food service b. Washing facilities e, Solid waste collection c. Water supply Applicant's Signature: 'J,, <, 7/2- el.(1.1,v( Date: ? - 1 -7 Property Owner's Signature (if different)*: Date: Agent's Name (if applicable): Phone: ( ) Mailing Address: )1.-111 AG-) 61/4)e.S3r- City/State/Zip: Bef1.1 Of- 9-7 -70 *If this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and If the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. (Rev. 6/14) 11 CLFVED Z 9 2.01? Community Developmentqappartniont Planning Division Building Safaty Division EnvirontjallJsion P.O Box 6005 117 NW Lafayette Avenue Bend. Oregon 97708-60C.$ (541)388-6S75 FAX (541)385-1A4 Itttp;//www,co.deschtites.or.ii.Vcdd/ OUTDOOR MASS GATHERING APPLICATION PLEASE PRINT ApplicantiOrganizer: LjSC- Mailinri Address: JOU l.,--)eYr- 11111 .S Property Description: Township Range Section i-,odross, Z', 8'f SE. lz FEE: Phone: (5_a_) _1612 City/SlatetZip: ',3cnr\ be 9'7'1.23 Tax Lot 18r2zi o('coNbc.) City/StalerZip: leitt q Estimated Attendance: a 7 00 Date and Time of Gathering: :Tu:le, Z I - Description of Type of Gathering/Purpose (i.e., music, art, etc,) A to.tj L,Ckj:21 ThC, \j) k cl SS. es 1 i VOA Contact person who will be available onsite during gatherino: _ianct Phone: (II) 3 5C' ' (1,44 )1") Email: 61K1 ()11 AGENCY APPROVALS: Please have the following agenciesidepartrnents review your proposal before submitting this application. Signatures: ENVIRONMENTAL HEALTH DIVISION (indicates approval of sanitary facilities in accordance with 8,16 22)) FIRE PROTECTION DISTRICT OR STATE FIRE MARSHAL (indicates approval of fire protection devices on-site in accordance with 8,16.230) COUNTY HEALTH DEPARTMENT (indicates approval of medical service. in accordance with 8,16 240) DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking plan in accordance with 8,16.250 and 8.16,260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items If color xninits are submitted, black and white copies with captions yr shading delineating the color areas shall also be provided' a. Toilets Washing facilities c. liVater supply Applicant's Signature. Property Owner's Signature (if differen Name (if applicable): Addiess: 1-.1"Al A d. Food preparation and/or food service e. Solid waste collection Date- 27- J 7, Date: Phone: ( ) City/Stale/Zip: B(0'1 Onz 9/703 'It this application iS not signed by the properly owner, a letter authorizing signature by the applicant must be attached, 8y ging this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and If the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. (Rev. 6/14) 1 Appilcation '18.jpeg PLEASE PRINT Applicant/Organizer 1 PeatS Pfe_Sents LLC Phone: (591 ) 3 eh& Mailing Address: 1'111 00I...) S A City/State/Zip: na be "71Q-3 Property Description: Township Range Section Tax Lot 8 IZ 2 2 0000 0 0 Address: 21 os 5 3E Id no izcl. City/State/Zip: J31,1V1 Estimated Attendance: 17 0 0 Date and Time of Gathering: 3-Ufle.... 11 - 2-44 ZO I Description of Type of Gathering/Purpose (Le., music, art, etc.) A r ikaq -(Gf )1, 1,1, , c , )1,-)`),(_, 'Ivo] Canted person who will be available onsite during gathering: Name: S +(ALAI 1134 ‘ancl Phone: (2_11) 3 60 - (1)44 714 Email: 6-1K(.10 pe V.Spivsi C &Iv AGENCY APPROVALS: Please have the folicwing agencies/departments review your propceal before submitting application. Community Development Department manning mushy' Malaria Emmy Onialen Environmental Sala Oimmon P.O Box 6005 117 NW Lafayette Avenue Bond, Oregon 97708-6005 (541)388-6575 FAX (541)385-1784 http://www.co.deschutos.or,us/cdcl/ OUTDOOR MASS GATHERING APPLICATION FEE: Page 1 of 1 Signatures: ENVIRONMENTAL HEALTH DIVISION (indicates approval of sanitary facilthes in accordance with 8 FIRE PROTECTION DISTRICT OR STATE FIRE MARSHAL (indicates approval of fire protection devices on-slte, In accordance with 8.16,230) LTH RTMENT (inder...mos approval of medical service. in accordance with 8 16 240) e4prapy„L'ALA.4, 6"3112,7N, CHUTES GOUNTY SHERIFF- tendicales approval ot si public safety plan and parole plan 0) .250 and 8.16.260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following Items. If odor exhibits are isubmItted, black and white copies with captions or shading delineating the color areas shall also be provided: a. Toilets b, WeShing facilities C. Water Supply ApplIcant'S Siunature Tiaitedjaa Property Owner's Signature (If different)* d. Food preparation and/or food service e. Solid waste collection Date Z7- 1 7 Date Agent's Name Of applicable): Phone; ) Mailing Address: 11-111 6.1esi l4;111 A City/State/Zip: Berri ue. 9Y03 '11 this application is not signed by the property owner, a lotto, authorising signature by the applicant must be attached. By signing this application, the applicant understands and aOreott that Deschutes County may require a deposit for hiarings officers' fess ptloi to tho application being deemed complete; and If the application Is heard by a hearings officer, the 4PPlIcant will bo rooponalblo or the actual costs of the hearings officer. iRriv. 5114) 11 https://mail.google.com/ /scsimail-static/_/js/k=gmail.main.en.EaIL6uzd19M.0/m=pds,pdl... 10/4/2017 Community Development Department PLEASE PRINT Applicant/Organizer: Planning Division Building Safety DivISion Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co,deschutes.or.us/cdd/ OUTDOOR MASS GATHERING APPLICATION FEE: 2 (n k) Phone: ( t1 ) .46 2. sC7(„1l Mailing Address: /UL-.) \City/State/Zip: •Vw..11/9, 11,') (.)'K . .703 Property Description: Township ig Range 12 Section '2 Z Tax Lot S` i 2 2 2, (")(`i(:r)V ( } Address: 2,10 cS 10.11 (City/State/Zip: Bal Oa 9-i--)0;* Estimated Attendance: 2 70C) Date and Time of Gathering:.' v t\k, 2-1 '4'41 , 2.c Description of Type of Gathering/Purpose (Le., music, art, etc.) ..A r 1'\k 11 1 * 1;1i) (ir r-' y 1 i' r ” •- A\�'? i1 l� til\r"r1Y6 S-, jAivvy (fii,�., [`1�(- 'x s(. yy`. 1�(\�j'. r C ( .) Il'VC4.I Contact person who will be available onsite during gathering: Name: CIC 1 1 1..)1"\c�i1(' Phone: (✓�I1)SSD (17(-I1L ( Email: S=)- (xi (q`.{pt'CtU..SMva;G..(( AGENCY APPROVALS: Please have the following agencies/departments review your proposal before submitting this application. (ad tSignatures:��c co►t+A('�S i owt Lift J -0411°S 01,4 OA-) 41ir4- c %1.tCtid iq ENVIRONMENTAL HEALTH DIVISION (indicates approval of sanitary facilities in accordan'�e with 8.161.220)) FIRE PROTECTION DISTRICT OR STATE FIRE MARSHAL (indicates approval of fire protection devices on-site, In acco dance with 8.16.230) �t L '' 11,1 £6e. £ �� U� 6",ivk i',�jy� IeiYer acaffit COUNTY HEALTH DEPARTMENT (indicates approval of medical service, in accordance with 8.16.240) DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking plan in accordance with 8.16.280 and 8,16.260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided: a. Toilets b. Washing facilities c. Water supply Applicant's Signature: , rD ..:. (.i'Y i.) Date: Property Owner's Signature (if different)*: Date: Agent's Name (if applicable): Phone: ( ) Mailing Address: City/State/Zip: '1f this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and if the application Is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. (Rev. 6/14) 11 d. Food preparation and/or food service e. Solid waste collection jl /1 / Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co,deschutes.or,us/cdd/ OUTDOOR MASS GATHERING APPLICATION FEE: -2(6(7-0— PLEASE (6iO PLEASE PRiNT Applicant/Organizer: 1 ;{ (��((; NSC' i lLC- Phone: (g11) :46 Z. sot n4 i Mailing Address: wl"..) \ A -t r City/State/Zip: ;r , it "7() Property Description: Township Range 1 2- Section 2 Z- Tax Lot 1 .0 I % 2 2 (-;1)( ;r ; j ( ) Address: 2A0b 1.1 t k f City/State/Zip: 'R((' (1 (.)(Z• �� ) d oZ Estimated Attendance: 2 70() Date and Time of Gathering: 'i acLQ . 21 - c4.1 2-01 K Description of Type of GatheringlPurpose (i.e., music, art, etc.) , , i ' '�� , 1 t i Vi ` '-(rt.L'. \ tli) l�Y e' A / A.vb\�);YY) "��'kf,(1Yc;s` !1ivvrc>1.'( ct JC"trr. t't\�a`. ( ;f c )t1\ -)en, I Contact person who will be available onsite during gathering: Name: c.;-1 Cit .l� 1 t-) "1"\ C>'i'10 Phone: (:,-i» .!,50 (D (1�"� Email.- FA-C.(1kt ecl- pr.v.,siv\��tG. t( AGENCY APPROVALS: Please have the following agencies/departments review your proposal before submitting this application, 041l, 6 Signatures: %Mr ' - -- — ENVi " ►,ik MENT L ALTH CYI `SION (indi (s approval of sanitary facilities in accordance with 8.16.220) FIREP` o EC a *I TRICT OR FIRE MARSHAL (indicates approval of fire protection devices on -sit- In accordance with 8.16.2 COUNTY HEALTH DEPARTMFf"I" (indicates approval of medical service, in accordance with 8.16.240) DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking plan in accordance with 8.16.250 and 8.16.260, respectively) On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following Items. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided: a. Toilets d. Food preparation and/or food service b. Washing facilities e. Solid waste collection c. Water supply Applicant's Signature: .7 (l "r: I (.� !�r.� Date:J 'Si / Property Owner's Signature (if different)*: Date: / Agent's Name (if applicable): Phone: ( ) Mailing Address: City/State/Zip: *if this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and if the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. (Rev. 8/14) 11 To the Deschutes County Commissioners: September 14, 2017 This is to advise that I have Spoken with Stacy Totland, Owner of 4 Peaks Presents LLC regarding her request for an ambulance variance for a mass gathering event to be held at 21085 NE Knott Road, Bend OR 97702 on June 2I -24th, 2018. I believe, given the staff and equipment she will have available, which according to her application, includes Adventure Medics, for this event, it would not be necessary to have an ambulance present at this event. Requesting an ambulance through Deschutes County 911, would, in my opinion, be sufficient. I did request that an AED be Present in the first aid tent and she willingly complied, and has had one on site for the last 4 years. If you have any questions or concerns, please feel free to contact me. Thanks you for your consideration on these matters. Sincerely, Steve O'Malley Deputy Chief EMS Operations Bend Fire and Res we 541-388-6387 4PEAKSq August 31, 2017 To The Fire Department and Steve O'Malley: 4 Peaks Presents LLC, now in its 11th year, is once again submitting a permit for our annual festival to be held on the Stevenson Ranch June 21-24, 2018. We submitted our application to the County Planning Department August 30th, 2018. The documents now require signatures from your department. Please look over the material and sign where appropriate. Please contact Cynthia Schmidt at (Cvnthia.Smidt@deschutes.org or 541-388- 6575) if you have any questions about the process, as an expedited county hearing helps ensure a successful event! Thank you for your continued cooperation with this process and we look forward to working with you again in 2018. Warm Regards, Stacy Totland Stacy Totland Owner, 4 Peaks Presents www.4peaksmusic.com stacv@4peaksmusic.com c. 541.350.6474 h. 541.382.8064 4 Peaks Music Festival 2018 Permit application Table of Contents 4 Peaks 2018 Narrative Exhibit A — Legal description of subject property Exhibit B — Site location map Exhibit C1 — Site map with satellite image and key Exhibit C2 — Site map Exhibit C3 — venue map Exhibit C4 — Sidestage tent and Garden map Exhibit D — Medical service plan Exhibit E — Public safety traffic and Crowed control plan Exhibit F — Environmental Health plan Exhibit A Location and legal description of the subject property where 4 Peaks Music Festival is to be held on June 21st thru 24th of 2018 Mailing Name: D M STEVENSON RANCH L L C Map and Tax lot: 1812220000100 Account: 110399 Situs Address: 21085 KNOTT RD, BEND, OR 97702 Tax Status: Assessable Exhibit B 4 Peaks Site location D M STEVENSON RANCH L L C 21085 KNOTT RD, BEND, OR 97702 Deschutes County Property information - Dial Overview Map BE ND • • Map and Ttudot: 1812220000100 • 4 Peaks 2018 OMG Application Narrative 4 Peaks L LC shall comply with all applicable ordinances and provisions pertaining to this Outdoor Mass Gathering permit. This year's event is scheduled to take place on June 2151, 22", 23`d, and 21'h. of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 26th 2018. Site shall be restored to pre -event conditions when 4 Peaks LCC relinquishes premises back to owner. Chapter 8.16. EVENTS, PARADES, FUNERAL PROCESSIONS AND OUTDOOR MASS GATHERINGS 8.16.150. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Exclusions. A. The requirements in this chapter for Outdoor Mass Gatherings and Extended Outdoor Mass Gatherings shall not apply to any regularly scheduled religious service, regularly organized and supervised school district activity or program that takes place on school property, any activities at the Deschutes County Fairgrounds, or to any activity of a municipal corporation or government agency. Response: 4 Peaks LLC is aware that the provisions of this section apply to the permit request. B. The Board may waive the permit requirements for certain limited Outdoor Mass Gatherings and Extended Outdoor Mass Gatherings upon a showing by the Organizer of good cause, when no significant public health, safety or welfare issues are involved and when the Board determines that no County law enforcement or other County services are necessary. Response: As discussed in greater detail below, 4 Peaks LLC is requesting that the Board modify the requirement to provide an on-site ambulance (compliance with DCC 8.16.240.). C. The Board may waive part or all of the permit fee for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering upon a showing by the Organizer of good cause to reduce or waive the fee Response: 4 Peaks LLC is not requesting a waiver of the permit fee. 8.16.160. Outdoor Mass Gathering or Extended Outdoor Mass Gathering Permit Required. The following responds to the general permit applicatlion requirements. A. No Organizer shall hold, conduct, advertise or otherwise promote an Outdoor Mass Gathering or Extended Outdoor Mass Gathering or allow an Outdoor Mass Gathering or Extended Outdoor Mass Gathering to be held on real property the Organizer owns, leases or possesses outside the limits of any city unless the Organizer obtains a permit to hold such an Outdoor Mass Gathering or Extended Mass Gathering. Response: By submitting this application, the applicant has demonstrated that it will not proceed with the Outdoor Mass Gathering until a permit is issued by the County. We do, however, request to be able to advertise the events location, bands, news and exciting things happening this year, without selling tickets to the event prior to the permit being approved. {00215247;2} B. No permit for an Outdoor Mass Gathering or Extended Mass Gathering shall be issued unless the landowner of the property that is the site of the Outdoor Mass Gathering or Extended Outdoor Mass Gathering also signs the application. Response: As shown on the application form, the property owner has signed the application. C. All Outdoor Mass Gatherings as defined in this Chapter are exempt from the requirements of Deschutes County Code Titles 17 through 23, except where noted, Response: The applicant is aware that the cited provisions will not apply to this application. D. One permit shall be required for each Outdoor Mass Gathering or Extended Mass Gathering. Response: Only one mass gathering permit is requested because only one event will be held. E. A permit issued under this section does not entitle the Outdoor Mass Gathering or Extended Mass Gathering Organizer to construct any permanent physical alterations to or on the real property which is the site of the Outdoor Mass Gathering or Extended Mass Gathering. Response: No permanent physical alterations will be made to the property. All improvements are temporary and will be removed at the end of the event. F. The Organizer of a proposed Outdoor Mass Gathering or Extended Outdoor Mass Gathering shall file an application with the Department more than 90 days prior to the Outdoor Mass Gathering or Extended Mass Gathering. Response: The event is planned for June 215` thru 24`h, of 2018 consequently, the applicant has met the 90 -day filing deadline. G. The application shall include the following: 1. Name and address of the Organizer. Response: The application form includes the name and address of the applicant, 4 Peaks Presents, LLC. 2. Legal description of the location of the proposed Outdoor Mass Gathering or Extended Mass Gathering. Response: A copy of the legal description of the subject property, as disclosed by the most recent property tax statement, is attached as Exhibit A. 3. A map of the Outdoor Mass Gathering or Extended Outdoor Mass Gathering desired route, including assembling and disbanding points. Response: A copy of the map of the event, including the desired route to the property and the relevant operational locations is attached as Exhibit B. 4. The date or dates of the proposed Outdoor Mass Gathering or Extended Mass Gathering. Response: As discussed above, the proposed dates of the event are June 21-24, with set up and take down of the event expected to begin on June 16`h, 2016 and end on June 26th 2018 5. The proposed starting and ending time(s) of the Outdoor Mass Gathering or Extended Outdoor Mass Gathering. Response: Due to the extensive linguistic and mobilization of set up It will be necessary to have access to sit prior to June 16th for deliveries and site prep (removing rocks, brush, and grooming the {00215247;2} grounds). Site prep crews will not exceed 12 persons on site prior to June 16th. Work will be conducted between the hours of 8:00 am and 6:00 pm. Dates for site prep TBD. Construction of temporary structures will not begin until June 16th There will be a number of volunteers, staff and security staying/camping on site to preform set up/take down between June 16th and 26th 2018. Set up will begin no earlier than 8:00 am on June 16, 2018, with take down being completed no later than 6:00 pm on June 26th 2018. On June 21ih' The entry gates will be open no earlier than 8:00 am. The music will begin at 5:00 pm and end at 10:OOpm. On June 22; Gates will be open from 8:00 am till 10:00 pm Music will begin no earlier than 10:00 am (with Yoga and kids activities at 8am). The main stage will shut down at 10:00 pm and the side stage will continue till 12:00 pm at which time we will begin broadcast of a silent disco through headphones till bar closes at 1:45 am. On June 23; Gates will be open from 8:00 am till 10:00 pm Music will begin no earlier than 10:00 am. The main stage will shut down at 10:00 pm and the side stage will continue till 12:00 pm at which time we will begin broadcast of a silent disco through headphones till bar closes at 1:45am. On June 24"; Gates will be open from 8:00 am till 10:00 pin Music will begin no earlier than 10:00 am. The main stage will shut down at 5:00 pm and the side stage will continue till 7:00 pm. The patrons will be leaving and crews will begin take down and clean up on June 24th, 2017. There will be a limited number of people camping overnight on June 24th to continue clean up the next day. Campground will open at 10:00 pm on June 21 h' for early bird camping arrivals and large RV's to help ease traffic and parking congestion 6. The estimated number of persons, vehicles and animals that will be attending, participating in or viewing the Outdoor Mass Gathering or Extended Mass Gathering. Response: We are holding the ticket sales to 2500, which will include comp tickets which we give away to special guests. That leaves room for 499 people before going over the allotted 3000. These 499 will include Vendors and vendor staff (aprx. 50), sound and video crews (aprx. 40), Volunteers (aprx.250) and bands which will be coming and going as scheduled and will not ail be on site at one time. So if we do make our goal of a 2500 ticket sell out we will still have less than 2999 in attendance on site at one time. 7. Nature of the proposed Outdoor Mass Gathering or Extended Mass Gathering. Response: The event will be a family friendly music festival, with local and national touring acts scheduled to play. Local craft beverages, artisans and food vendors will be on site all weekend Overnight camping is available on site. 8. A sketch, and other detailed information showing the type, number and location of all toilets, washing facilities, water supply, food preparation, food service facilities and solid waste collection locations. Response: Exhibits Cl, C2, C3 and C4 are maps of the festival site showing all components of the event. (00215247;2} 9. The name and phone number of the contact person who shall be easily identified and who shall remain at the Outdoor Mass Gathering or Extended Outdoor Mass Gathering site at all times. Response: The names and contact information of the primary contact person is: Stacy Totland, Event Promoter — (541) 350-6474 Jef Hinkle, Site Manager — (541) 977-3266 Donal Liebermann, Security — (541) 693-3797 10. A sketch, and other detailed information showing the type, number and location of all toilets, washing facilities, water supply, food preparation, food service facilities and solid waste collection locations. Response: Exhibits C1, C2, C3 and C4 are maps of the festival site showing all components of the event. 4 Peaks LLC. will have on reserve 45 standard toilets 7 ADA compliant toilets and 14 hand washing facilities for event. We intend to provide 1 toilet to 50 attendees. This is twice the number required by the county. Final numbers on site will be determined by total ticket sales. Water supply is provided by Private well and will be available in the locations shown on the map attached as Exhibit C3. Food service will be provided by a variety of licensed food carts and will be concentrated in the area shown on Exhibit C2 and C3. Solid waste collection sites will be in areas shown on Exhibit C2. 11. Approval by the appropriate Fire District Officer or State Fire Marshall in accordance with DCC 8.16.230. Response: Approval has not been obtained at the time of filing of this application. However, the applicant fully anticipates that such approval will be in place by the time the permit is approved 12. A medical services plan demonstrating compliance with DCC 8.16.240. Response: Attached as Exhibit D is the medical services plan. 4 Peaks LLC. Is once again requesting a waiver As approved last year from DCC 8.16 .240(b) which requires the event to have one ambulance on site. No waiver is sought for the first aid station and proposed aid station is in full compliance with DCC 8.16.240. We also will have an AED Device and a full medically trained staff on site at the medical tent in the unlikely event that it will be needed. Under DCC 8.16.150(B), the Board may waive any standards upon a showing of good cause, and when the request does not involve any significant public health, safety or welfare issues involved, and when the Board determines that no law enforcement or other County services are involved. The primary reason that a waiver is being requested is that We are submitting a recommendation from Steve O'Malley, Deputy Chief of EMS for Bend Fire and Rescue, stating that it would be reasonable for an ambulance provided through Deschutes County 911 to provide EMS services to the patrons of 4 Peaks Music Festival given the level of medical service that has been represented to him. We also will have an AED Device on site at the fully staffed medical facility with the proper level of medical support, in the unlikely event that it will be needed. The Bend Fire Station, #303 is located 2 miles away at 61080 Country Club Dr, Bend, OR 97702. 13. A public safety plan in accordance with DCC 8.16.120. Response: Attached as Exhibit E, is the public safety plan which demonstrates compliance with DCC 8.16.120. 14. A parking plan demonstrating compliance with DCC 8.16.250. {00215247;2} Response: Attached as Exhibit C2 is the parking plan which demonstrates compliance with DCC 8.16.120. 15. A copy of the proposed participant entry form for the Outdoor Mass Gathering or Extended Mass Gathering, including a release agreement releasing Deschutes County, its officers, agents, employees or volunteers from liability for any or all injuries. Response: No entry form is proposed; however, the applicant will sign the waiver and release agreement when provided by the County. 16. A signed indemnity agreement on a form provided by the County. Response: the applicant will sign the waiver and release agreement when provided by the County. 17. Such other appropriate information as the Director or Board may require in order to insure compliance with the provisions of this chapter, as well as rules of the Oregon Department of Human Services Response: No additional information has been requested. H. Any application for an Outdoor Mass Gathering or Extended Mass Gathering lacking any requirement of DCC 8.16.160(G) shall, unless waived by the Board, be deemed incomplete and the permit shall be denied except that, if additional information requested pursuant to DCC 8.16.030(G)(17) is not supplied within two weeks of the Board's request, the application shall be deemed incomplete and the permit shall be denied. Response: The applicant believes that all required information has been provided and will, at the request of the County, supply any missing information. I. The application for an Outdoor Mass Gathering and Extended Outdoor Mass Gathering shall be accompanied by the appropriate fee pursuant to the County fee schedule. Response: Included with this application is the fee required by the County. J. Incomplete applications shall be denied and the application fee, less County costs, shall be returned to the permit applicant. Response: The applicant believes that all required information has been provided and will, at the request of the County, supply any missing information. K. The Director shall furnish a copy of the Outdoor Mass Gathering or Extended Mass Gathering permit to the Sheriff and to any other jurisdiction in which the Outdoor Mass Gathering or Extended Mass Gathering takes place. Response: The applicant believes that this is an obligation of the County. L. If the application is submitted fewer than 90 days prior to the event and the Board accepts the application, the processing fee shall be double. Response: The applicant has filed this application outside the 90 -day period. 8.16.170. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Hearing Required. Response: 4 Peaks LLC is aware that a public hearing will be held for this request. Because the event is not an Extended Mass Gathering, no hearing before the Planning Commission is required. (00215247;2} 8.16.180. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Departmental and Agency Notice. Response: The applicant believes that the requirements of this section are an obligation of the County. 8.16.190. Outdoor Mass Gathering and Extended Outdoor Mass Gathering General Approval Criteria. A. An Outdoor Mass Gathering or Extended Mass Gathering permit shall be approved upon demonstration by the Organizer of compliance with or the ability to comply the provisions of this chapter, as well as all health and safety rules governing all Outdoor Mass Gatherings, Extended or otherwise, adopted by the Oregon Department of Human Services. Response: As shown in this application and the supporting documentation, as well as a ten year track record, the applicant has demonstrated that it meets or exceeds all applicable standards for the event and requests approval from the County. B. Each public official receiving notice of the application for an Outdoor Mass Gathering or Extended Mass Gathering permit who wishes to comment on the application shall submit such comment in writing to the Hearings Body no later than the date and time for the hearing. Response: The applicant believes that the requirements of this section are an obligation of the County or those wishing to comment on the application. C. The comment from any public official regarding an Outdoor Mass Gathering or Extended Mass Gathering permit may include recommendations related to the official functions of the officer as to granting the permit and any recommended conditions that should be imposed. Response: The applicant believes that the requirements of this section are an obligation of the County or those wishing to comment on the application. D. The Hearings Body shall consider the imposition of any suggested conditions submitted by public officials who received notice of the proposed Outdoor Mass Gathering or Extended Mass Gathering. Response: The applicant believes that the requirements of this section are an obligation of the County. E. The Hearings Body may consider and impose any reasonable condition on a permit for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering recommended that is submitted at or prior to the public hearing by a member of the public or public official. Response: The applicant believes that the requirements of this section are an obligation of the County. 8.16.210. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Insurance. Response: 4 Peaks intends to obtain a special event insurance policy that will: ■ Provide general liability of 5,000,000 ■ Cover against liability for injury or disability of any human, or for damage of property arising out of this outdoor mass gathering event (00215247;2) 4 PEQAKS Music FESTIVAL 2018 err c3 - MAIN VENUE MAP. Page 1 of 3 4 Peaks Music Festival 2018 Exhibit D 8/30/2017 Community Development Department 117 NW Lafayette Ave. Bend, OR 97701-1925 (541)388-6575 ATTN: Health Department Re; 4 Peaks Outdoor Mass Gathering Application Medical Service Plan 4 Peaks festival 2016 will take place on June 21st, 22nd, 23`d, and 246, of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Expected attendance is 3000 persons on site in the event the festival is sold out. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 20th 2017 Debris and rubbish will be hauled away no later than June 26th 2018. In order to comply with Deschutes County Health Ordinance 8.16.240, Outdoor Mass Gathering Medical Service Plan, 4 Peaks LLC shall make available the following; A first aid station located near the main entrance to the Music venue area (Refer to map exhibit C3) Names and qualifications of medical staff: Names and qualifications will be provided no less than thirty (30) days before event. Adventure Medics will be in charge of setting up and staffing this area. Adventure Medics 20585 NE Brinson Blvd #4 Bend, OR 97701 541-639-9993 info@advmedics.com 4 Peaks LLC. Is again requesting a waiver as approved last year from DCC 8.16 .240(b) which requires the event to have one ambulance on site. No waiver is sought for the first aid station and proposed aid station is in full compliance with DCC 8.16.240. We also will have an AED Device and a full medically trained staff on site at the medical tent in the unlikely event that it will be needed Under DCC 8.16.150(13), the Board may waive any standards upon a showing of good cause, and when the request does not involve any significant public health, safety or welfare issues involved, and when the Board determines that no law enforcement or other County services are involved. The primary reason that a waiver is being requested is that We are submitting a recommendation from Steve O'Malley, Deputy Chief of EMS for Bend Fire and Rescue, stating that it would be reasonable for an ambulance provided through Deschutes County 911 to provide EMS services to the patrons of 4 Peaks Music Festival given the level of medical service that has been represented to him. We also will have an AED Device on site at the fully staffed medical facility with the proper level of medical support, in the unlikely event that it will be needed. The Bend Fire Station, #303 is located 2 miles away at 61080 Country Club Dr, Bend, OR 97702. 2017 Variance Request November 14th, 2016 To the Deschutes County Commissioners: 4 Peaks Presents, LLC requests that the County Commissioners waive the requirements for the following sections of the Outdoor Mass Gathering code: 8.16.240 Medical Service 4 Peaks Presents asks that the Commissioners waive the requirement for having an ambulance on the festival site. We are submitting a recommendation from Steve O'Malley, Deputy Chief of EMS for Bend Fire and Rescue, stating that it would be reasonable for an ambulance provided through Deschutes County 911 to provide EMS services to the patrons of 4 Peaks Music Festival given the level of medical service that has been represented to him. We also will have an AED Device on site at the fully staffed medical facility with the proper level of medical support, in the unlikely event that it will be needed. The Bend Fire Station, #303 is located 2 miles away at 61080 Country Club Dr, Bend, OR 97702. We hope that the County of Deschutes and 4 Peaks Presents will have a long relationship that will be beneficial to all involved: the music loving community, local business owners, and the county tax rolls. Thanks you for your consideration on these matters. Sincerely, Stacy Totland Festival Director/Owner, 4 Peaks Presents, LLC Letter from Steve O'Malley from 2017: December 12, 2016 To the Deschutes County Commissioners: This is to advise that I have Spoken with Stacy Totland, Owner of 4 Peaks Presents LLC regarding her request for an ambulance variance for a mass gathering event to be held at 21085 NE Knott Road, Bend OR 97702 on June 15 -18th 2017. I believe, given the staff and equipment she will have available for this event that having an ambulance respond from Bend Fire station number 303 on 61080 Country Club Road, Bend OR 97702, would be a sound decision. I did request that an AED be Present in the first aid tent and she willingly complied, and has had one on site for the last 4 years. If you have any questions or concerns, pleas feel free to contact me. Thanks you for your consideration on these matters. Sincerely, Steve O'Malley Deputy Chief EMS Operations Bend Fire and Rescue 541-388-6387 Page 1 of 2 4 Peaks Music Festival 2018 Exhibit E 8/30/2017 Deschutes County Sheriff 63333 W. Hwy 20 Bend, OR 97701 541-388-6655 ATTN: Deputy in charge of community events Re; 4 Peaks Outdoor Mass Gathering Application Event Public Safety and Crowed Control plan Deschutes County Ordinance 8.16.060 Traffic Control plan - Details and descriptions 4 Peaks festival 2018 will take place on June 218t, 22"d, 23`d, and 24th, of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Expected attendance is 3000 persons on site in the event the festival is sold out. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 26th 2018 Debris and rubbish will be hauled away no later than June 26th 2018. Traffic Control Plan Entry and access to 4 Peaks Festival will be from Knott RD. Signs will be posted along the roadway to alert drivers as they approach. In order to ensure ample space to line up vehicle off highway at will call/check in, we have the following procedure in place; All vehicle will pull off Knott Rd. on to festival grounds and proceed at least 100' down driveway/staging area. At that point general admission vehicle will be directed into one of six 180`lanes to await ticketing. All but two of these lanes will be converted in to day parking after the majority of our patrons arrive and extra lanes are no longer needed. There will be a separate lane to the general admission entry for authorized vehicles only to be used by staff, crews, services, and emergency vehicles. Temporary parking will be provided for ticketing and parking instructions.. The event site can accommodate more than twice as many vehicles as required for an event of this size. As the exhibit Cl, and C2, demonstrates, there are adequate areas for ingress and egress to into the site and throughout the parking and camping ar eas. A minimum of six (6) traffic control and parking monitors will be on duty during each shift. Three (2) will be stationed at entrance, with the remaining three (4) assigned to parking and camping areas. Safety vests will be worn by all traffic and parking staff while on duty and equipped with flags for signaling drivers. Page 2 of 2 Traffic is expected to be very light, with attendee's arrivals spread out over time, starting Thursday after 8:OOam and late arrivals trickling in until Saturday midday. Departures will occur throughout the day on Sunday, after the festival is over. We feel this extended time frame for arrivals and departures will prevent any traffic congestion or hazards on the roadway. Contact person; Adam Henry - Parking Crew Leader - 541 610-6160 Select Temp to provide certified flaggers for Knott Road — (541) 749-7931 Crowd Control/Security Plan - Details and descriptions 4 Peaks festival 2018 will take place on June 21St, 22nd, 23rd, and 24th, of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Expected attendance is 3000 persons on site in the event the festival is sold out. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 26th 2018 Debris and rubbish will be hauled away no later than June 26th 2018. To ensure for the comfort and safety of our patrons, 4 Peaks LLC has contracted with Donal Liebermann of Dark Eden Inc to provide security for the event. A minimum Six (6) uniformed DPSST licensed personnel will be on duty during the festival with additional personnel on call, Additional personnel will be added as needed to maintain a ratio of 1 crowd control person to 100 persons attending on site. In addition 4 Peaks will have certified alcohol monitors and paid security staff roaming the crowds at all times beer and wine are to be sold. 4 Peaks LLC is committed to meet or exceed Deschutes County requirements. Contact info: Security will be provided by; Donal Liebermann, Dark Eden Inc. Executive Manager DPSST #63527 OLCC #443561 PO Box 8685 Bend, OR. 97708 PH: (541) 693-3797 Cynthia Smidt From: Jef Hinkle <jef4peaks@gmail.com> Sent: Friday, October 06, 2017 4:06 PM To: Cynthia Smidt Subject: RE: Exhibit E of OMG permit Yes that is correct On Oct 6, 2017 4:05 PM, "Cynthia Smidt" <Cynthia.Smidt(a�deschutes.ora> wrote: Okay, that means the remaining four (4) are assigned go parking and camping. Correct? From: Jef Hinkle [mailto:ief4peaks@gmail.coml Sent: Friday, October 06, 2017 3:52 PM To: Cynthia Smidt <Cvnthia.Smidt@deschutes.org> Subject: Re: Exhibit E of OMG permit That should be two (2) traffic control persons at entrance. Thanks l'll point that out to our prof reader. Jef On Oct 6, 2017 2:24 PM, "Cynthia Smidt" <Cynthia.Smidt tr deschutes.org> wrote: Stacy and Jef, Exhibit E has the following statement: "A minimum of six (6) traffic control and parking monitors will be on duty during each shift. Three (2) will be stationed at entrance, with the remaining three (4) assigned to parking and camping areas." Please clarify the numbers (three does not equal 2 or 4). Thanks. <htta://www.deschutes.oru/> Cynthia Smidt, Associate Planner Community Development Department PO Box 6005 1 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Tel: (541) 317-3150 www.deschutes. orgicd Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. Page 1 of 2 4 Peaks Music Festival 2018 Exhibit F 8/30/2017 Community Development Department 117 NW Lafayette Ave. Bend, OR 97701-1925 (541)388-6575 ATTN: Environmental Health Division Re; 4 Peaks Outdoor Mass Gathering Application Environmental Health Checklist 4 Peaks festival 2018 will take place on June 21st, 22°`x, 23`d, and 24th, of 2018 and will be located at 21085 KNOTT RD, BEND, OR 97702. Expected attendance is 3000 persons on site in the event the festival is sold out. Setting up for this event is to begin on June 16th 2018. Clean up and removal of all signs, temporary structures will be concluded by day's end on June 26th 2018 Debris and rubbish will be hauled away no later than June 20th 2016. To ensure for the comfort and safety of our patrons 4 Peaks LLC is committed to meet or exceed Deschutes County standards. In order to comply with Deschutes County Health Ordinance 8.16.220, Outdoor Mass Gathering Sanitary Facilities, 4 Peaks LLC shall provide the following; 1. Contact persons Jef Hinkle, Site Manager (541) 977-3266 Kevin Byrne — Bar Manager — 541 280-0035 2. Toilets, 4 Peaks LLC has contracted with Little John's Portable Toilets, Inc. to provide Toilets and hand washing facilities for the event. It is our understanding that a minimum of 1 portable toilet to 100 persons on site is required by the Deschutes County Health ordinance. To ensure for the comfort and safety of our patrons, 4 Peaks will be providing 1 portable toilet for every 50 persons on site during the festival the total numbers of portable toilets will be determined by ticket sale prior to the event. 4 Peaks LLC is committed to meet or exceed Deschutes County requirements. Estimated totals if event is sold out Forty five (45) standard toilets, Seven (7) ADA (locations shown on map Exhibit C2) Toilets and hand washing facilities provided by; Little Johns - Bathrooms (541)-617-6060 2660 NE Hwy 20, #610-52, Bend, OR 97701 Page 2 of 2 Hand Washing Facilities The total numbers of hand washing facilities will be determined by ticket sale prior to the event. 4 Peaks LLC is committed to meet or exceed Deschutes County requirements. Estimated totals if event is sold out Twelve (14) hand washing stations at 12 restroom locations shown on map Exhibit C2 Toilets and hand washing facilities provided by; Little Johns - Bathrooms (541)-617-6060 2660 NE Hwy 20, #610-52, Bend, OR 97701 1. Water supply One (1) Private water supply (locations shown on map Exhibit C2 and C3) Test results pending. First test results (for coliform and nitrates) will be submitted with in fourteen (14) days of permit approval by County Commissioners, with second test results (for Coliform only) submitted in May 2017 2. Waste Collections and Removal One (1) — 1Oyd dumpster, twenty (20) rolling garbage bins, ten (10) commingle recycle bins, and 7 glass bins Bins to be empted three times daily by Volunteer staff 10 yd dumpster to be hauled away End of day Monday, June 26th Containers and removal services provided by; Bend Garbage and Recycling (541) 382-2263 3. Food Service Facilities (locations shown on maps C2 and C3) Vendors will be licensed and permitted no later than fourteen (14)days prior to event. 4. Refer to attached site maps Exhibits C2, and C3, for facilities locations REVIEWED LEGAL COUNCIL For Recording Stamp Only INDEMNITY AGREEMENT () CC>,Y,. `) �\ f_S C` f \ _ , its officers, employees and members shall, through the signing of (Event Organizer) this agrt en � byttVl�?d` party _or agent, Si ry hereby by agrees, to be held on consideration ie..,l-othed approval of the \, c Err (Event Name) (Date of Event) and to be held within Deschutes County, to indemnify, defend and hold harmless Deschutes County, Oregon, a political subdivision of the State of Oregon, its officers, agents and employees, herein called "County" from any and all suits and claims, losses and liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act or omission arising out of or any way related to the Outdoor Mass Gathering as described above, or participation in the event as a participant, spectator, sponsor, promoter, agent or official. In addition, tk. pP Ct. \e --S \�(ee--1-Yt agrees to furnish Deschutes County with a certificate of (Event Organizer) insurance with endorsement for general liability insurance with a combined single limit of not less than $1,000,000 per single claimant and incident, and $2,000,000 all claimants, arising from a single incident, specific to the Lt Y t--Ct 5 fV\QS i c. S=r,� E� �� r� 1_, naming Deschutes County, its officers, agents, volunteers and (Event Name) employees as an additional insured. DATED this ' U day of// 1� uuSA— , 20 t —j By: etca(Lv :�ti 2,._.x.12 Y1er (Authorized Signature, Title) APPROVED: DATED this day of , 20_ By. — Nick Lelack, Community Development Director OMG Indemnity Agreement Rev. 1/14 20 August 30, 2017 Deschutes County Board of County Commissioners 1300 NW Wall Street Bend, Oregon 97703 Re: 4 Peaks Music Festival -- Response to Comments at Hearing on June 20, 2017 On June 20, 2017 Susan Long and members of the Minar family testified before the Board of County Commissioners during the public comment period regarding the 4 Peaks Music Festival. Quite obviously, Ms. Long and the Minars were upset with the operation of the festival. As the owner and promoter of 4 Peaks, I take their concerns seriously. Our entire team strives to make the 4 Peaks Music Festival an enjoyable event for both patrons and neighbors. Prior to and during the event we went to great lengths to inform the nearby residents of the event and provided contact information to allow neighbors with concerns to contact our team directly. Unfortunately, the Minars and Ms. Long elected to forego these lines of communication during the event. As you are well aware, Ms. Long and the Minar Family were opposed to the festival from the beginning and, despite the festival's merits, vowed to shut it down at this location. We understand that these types of events can be seen as an inconvenience to some. However, by authorizing mass gatherings, the Oregon Legislature expressly recognized both the importance of these types of events for the community and the need to provide strict guidelines for their operation. We at 4 Peaks are very proud of our 10 -year track record. With very few exceptions, our relationships with nearby residents have been overwhelmingly positive. Much of the testimony to this Board was, in my opinion, both incorrect and inflammatory. At best, the testimony focused on the unfortunate actions of a few attendees and painted the entire festival with that brush. I believe that it is appropriate to set the record straight and respond to several of the issues raised in their testimony. Susan Long's Testimony Susan Long states, "these Festivals are known for pushing limits and counter culture, the no rules mind set," and, "bad behavior is encouraged." As far as we know, Ms. Long did not attend {00709326;2} the festival, despite our repeated invitations to do so at no cost. Had she attended and had she been looking for them, yes, she likely would have seen a tiny minority of "bad behavior" "counter culture" people. More importantly, she also would have seen a much larger proportion of young families, local attorneys, accountants, city and county staff, public school teachers and administrators, business people and local government and political leaders. She also would have seen hundreds of small children engaged in various scheduled activities, smiling, laughing and taking home cherished memories from a safe and engaging event. Ms. Long also implied that 4 Peaks was forced to move from the prior Tumalo location due to neighbor impacts. Had she attended this year, she could have met the owner of the Tumalo property as well as several neighbors of the former Tumalo location who were in attendance and have nothing but positive things to say about our event. Ms. Long's claims regarding a band leaving without pay are without merit, defamatory and have no bearing on the event or compliance with local or state standards. We suggest that Ms. Long speak with the well-known bands and vendors who return each year if she has concerns about our business reputation. In addition, the information provided by a nurse at the hospital who volunteered at the front gate is factually incorrect. Susan stated that "she (the nurse) was aware of three to four 'real security people' but most are volunteers in exchange for admission." As you know, County regulations require the head of Security to submit the names of the personnel who make up the security staff, all of whom must be certified by the Board of Oregon Public Security. This was done. The fact that most of our security people flew largely under the radar demonstrates our success. Our objective is to maintain a family -friendly event and not showcase our security force. Frankly, we are proud of the fact that we have a significant group of return volunteers to assist with parking, admissions, and other event activities. These volunteers are members of our community—not counter culture outcasts. Alyssa and Alea Miner's Testimony First off, I admire the girls' involvement in 4H and farming. In fact, my 11 -year-old daughter attends Plantation Farm Camp for a month each summer. There, campers play an integral role in caring for the animals and garden in order to provide food for the camp. They are taught respect for and love of nature. In short, the 4 Peaks Music Festival is not detrimental to the animals. Tom Stevenson visited with the Minar Family prior to the festival and attempted to show them ways to mitigate their concerns relative to the animals. They were not interested in cooperating, but rather furthering their goal to use any means (relevant or not) to shut down the event. We remain committed to working with the Minars to address their concerns. I find it unfortunate that the Minar girls now see this event through their parent's eyes and not those of the hundreds of other children who attend this event every year and have nothing but a positive experience. Kathy Miner's Testimony Many of Kathy's comments dealt with the campers, trailers, and tents on the property Wednesday evening. In retrospect, I probably should have put in the permit application the {00709326;2} need for more volunteers involved in setup a day earlier in the week, considering the site is five times larger than our previous one in Tumalo. In addition, the breakdown of a larger site takes longer. However, most of the volunteers who set up their camp spot did so to reserve a spot and did not camp overnight. We plan to address this issue in our next permit application. Kathy pointed out that the holding area beyond the entrance had 40-50 trailers waiting at 10 a.m. on Thursday. This is both a gross exaggeration and inconsistent with Steve Minar's observation (he claims trailers admitted at 9 a.m.). ! do not believe that there is even physical space for 50 trailers and motorhomes in the holding area. Nonetheless, Ms. Minar's observation confirms our site plan's success in addressing the more important issue raised by all of the surrounding neighbors regarding traffic and congestion on Knott Road. We are proud to report there was none! Yes, we did decide to open the gates prior to noon to avoid any backup to Knott Road. We chose to accommodate the best interests of all residents and non - festival vehicles traveling on Knott Road. Our promotional materials made it clear when the gates opened and that staging on Knott Road would not be permitted. Largely, our attendees followed the rules. For those who didn't, we took appropriate action. Again, we will address this issue in our next permit application. Much of Kathy's testimony, as well as her husband's, centers around the noise levels during the festival. We have decibel readings which dispute their readings. That said, we readily acknowledge that there was a 15- to 20 -minute time on Friday evening when a changeover in the sound engineer resulted in our exceeding the required sound level. We immediately addressed this issue as soon as it became apparent. At all other times we were in compliance and no noise citations were issued. We simply do not understand why the Minars repeatedly called the Sheriff's office beginning on Wednesday evening. Finally, Kathy Minar claims "4 Peaks was not a nice neighbor nor was the event safe." Randy, a neighbor to the Southeast whose house was closer and more visible to the camping area than the Minar's, disagrees. He enjoyed the event and used it as an opportunity to invite friends to join him at his home. I highly doubt that the hundreds of responsible parents from our community would attend an event with their children year after year if the event was not safe. Steve Minar's Testimony Some of his written testimony has already been addressed. Howard Koff texted Steve Minar on Wednesday, June 14 at 8:53 p.m., after the first visit by the Sheriffs Department. Howard received no response which indicated the Minar's attitude toward the festival and his unwillingness to communicate with us. Cooperation is a two way street, yet despite the lack of consideration on the part of the Minars, when we learned of unauthorized cars going up Heidi Lane, we placed a security guard at the entrance. Had the Minars elected to communicate with us it would have been far more effective in preventing a handful of attendees from traveling on Heidi Lane. (00709326;2} Steve Minar continuously flew his drone over the site before, during and after the event. My understanding from a person familiar with FAA requirements is that he violated several regulations. In particular, he did not receive approval from the nearby (1 mile away) airport manager to do so, and he flew directly over people. His apparent goal was to get images of any kind to discredit the festival. After reviewing all of the photos, as expected, we do not see anything alarming. In fact, it is nice to see the fire lanes pictured and preserved. It's unfortunate there are no photos submitted of the Kid's tent and all of the other amenities. He did not need to fly over all of the vehicles to get the "suspected" number of attendees. We have a printout from Eventbrite with the e-mail address of every ticket and pass provided, whether sold or complimentary. We were well within our permit standards. Steve Minar indicates, "A woman on an acid trip was rescued from drowning in the irrigation ditch by our neighbor's hired security crew." I have no way of knowing whether the woman in question was on "an acid trip" but what I can confirm is that the 4 Peaks head of security was involved and ended up paying for a taxi to take the patron home. She returned the next day to retrieve her car and purse and was extremely thankful, yet embarrassed about her behavior. Focusing on the actions one attendee out of 2,600 attendees ignores the very positive experience of the balance of our guests. On the other hand—speaking of strays—the Minar's dog had to be retrieved on two separate occasions from the event property. Our staff graciously assisted the Minars in retrieving and returning the clog when the typical practice would have been to capture the animal and take it to the shelter. Steve Minar made reference to the meeting that was scheduled at Bend Golf & Country Club with refreshments for the neighbors of Stevenson Ranch. A high-ranking member of the Sheriff's office, familiar with 4 Peaks Festival over the years, was scheduled to attend in order to respond to questions and concerns. Neither Susan Long nor Kathy and Steve Minar responded to the invitation request. Only two people responded that they would attend. As a result, the meeting was cancelled and I arranged to meet the two for coffee. I was blind -sided when seven additional neighbors showed up for what was supposed to be an informal coffee. Steve Minar claims "we never had security along our fence line." As indicated earlier, security personnel were intentionally low key. In fact, a member of our security staff positioned along the fence observed Kathy Minar walk her dog part way down the driveway, remove the leash, and then return to get on her 4 -wheeler to retrieve her dog. Whether the Minars saw them or not, security was present near their home and our volunteers patrolled the area throughout the event. Steve Minar asked why Stevenson Ranch the right to "take away" their enjoyment of their acreage. Again, we do not dispute the fact that an event like 4 Peaks may be seen as a temporary inconvenience to some. That said, it is a 4 -day event on land zoned for exclusive farm use. Exclusive Farm Use zones are not "open space" areas preserved for tranquil residential living. They are intended to provide suitable land for a wide variety of often very intensive uses. Instead of a 4 -day music festival the Stevensons could run farm equipment every day of the year totally outside the purview of the County's noise ordinance. They could {0070932.6;2) hold agri-tourism events, commercial events, and dog training classes. They could also establish a considerable number of other uses that have a far greater impact both in duration and intensity than does a 4 -day event. To Mr. Minar's precise question, the Oregon Legislature determined decades ago that EFU land is a suitable location for both mass gatherings and extended mass gatherings. As a consequence, state and county laws impose strict regulations on mass gatherings. With the exception of the temporary noise issue addressed above, we complied with the standards at all times. We respect and acknowledge the Minar's legitimate concerns and will take reasonable steps to address them. That said, where state and local law expressly permit mass gatherings on EFU land, we do not consider the Minar's "not in my backyard" approach to be either reflective of the zoning laws applicable to their property or conducive to a good neighbor relationship. In summary, none of the horror scenarios expressed by neighbors of Stevenson Ranch prior to the festival materialized. Traffic and congestion on Knott Road was not an issue. We are not aware of any attendee vehicles parked on any street or driveway other than within the festival site. Fire protection methods were in place. The pond on the property was full and the fire lanes meticulously preserved. Two water tanks wet down the property during the weekend, although admittedly the dry conditions due to weather and wind were difficult to overcome. Fortunately, the wind direction blew the sand toward the entrance, away from the neighboring homes. We have no report of anyone trespassing onto neighboring properties. As mentioned earlier, one woman fell into the canal. Other matters such as safety, security, sanitation, waste, trash, and other concerns expressed in advance by the neighbors near Knott Road were never a factor, as they have never been in our ten-year history. Considering the extensive scrutiny and surveillance effort put forth by the neighbors, which lead to no citations, we are extremely proud of our staff and volunteers. Just as we learned a lot following our first year in Tumalo, we learned a lot after our first year at Stevenson Ranch. We have already redesigned our site plan to exclude camping, vehicles, or activity within 200 feet of neighboring residences on Heidi Lane. The stage will be slightly repositioned and the tent completely repositioned to mitigate the noise toward the Minar's residence. There are also other modifications which we intend to incorporate into the upcoming permit application for 2018 for the benefit of the community. I look forward to our 11th year coordinating and cooperating with County staff and the Board of Commissioners to continue to assure the 4 Peaks Music Festival remains the safe, intimate, family -friendly music and camping event where memories are made. Respectfully Submitted, Stacy Totland Owner, 4 Peaks Presents LLC www.4Deaksmusic.com Email address: stacv c(,�.4oeaksmusic.com {00709326;2) Sharon Ross From: Tom Anderson Sent: Thursday, October 12, 2017 5:18 PM To: David Doyle; James Lewis; Timm Schimke; Erik Kropp Cc: Laura Skundrick; Sharon Ross Subject: RE: Demo Landfill All — I will be out of the office tomorrow, but am available via cell and email. I have informed Kelly that this will not be on Monday's business meeting agenda, but will instead be discussed in the afternoon work session (executive). Depending on OSU's response to the edits, please provide both hard and electronic copies of the documents to the commissioners, with a note that they will be discussed in executive session on Monday. Thanks, Tom From: David Doyle Sent: Thursday, October 12, 2017 4:32 PM To: geoffrey.tichenor@stoel.com Cc: kelly.sparks@osucascades.edu; Tom Anderson <Tom.Anderson@deschutes.org>; James Lewis <James.Lewis@deschutes.org> Subject: Demo Landfill Geoff & Kelly - Attached please find the Term Sheet and PSA with our most recent edits. We have had some trouble emailing redline documents. In order to make sure that our redline edits are visible, and if attachments are "Read Only" you need to: go to View and click Edit Document which will open it as a redline. Thanks (and Go Cubs). DAVID DOYLE Deschutes County Legal Counsel 1300 NW Wall Street, Suite 205 Bend, OR 97703 Telephone: (541) 388-6625 Facsimile: (541) 617-4748 Email: [:)nvid.Dovle(d deschutes.orq The information in this email, including any attachment, is for the sole use of the intended recipient and contains information belonging to Deschutes County, which is confidential and/or legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this email information is strictly prohibited. If you have received this email in error, please immediately notify the sender by reply email and destroy all copies of the original message. 1