2022-263-Minutes for Meeting June 13,2022 Recorded 7/11/2022BOARD OF
COMMISSIONERS Recorded in Deschutes County CJ2022_263
Steve Dennison; County Clerk
Commissioners' Journal 07/1 1 /2022 9:40:29 AM
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
MONDAY June 13, 2022
mmmmumiuuumno
2022-263
FOR RECORDING STAMP ONLY
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick
Lelack, County Administrator; David Doyle, County Counsel; and Sharon Keith, BOCC Executive Assistant
(via Zoom conference call).
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes.org/meetings
CALL TO ORDER: Chair Adair called the meeting to order at 2:06 p.m.
PLEDGE OF ALLEGIANCE
ACTION ITEMS:
1. Consideration of Order No. 2022-030, Cancelling Uncollectible Personal
Property Taxes of $35,267.45
Deputy Tax Collector Judi Haase and Accounting Technician Connie Heim of
the Finance Department presented the item for consideration via Zoom
conference call.
DEBONE: Move approval of Order No. 2022-030
CHANG: Second
BOCC MEETING JUNE 13, 2022 PAGE 1 OF 6
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
2. Consideration of Document No. 2022-084, and Intergovernmental
Agreement with the Oregon Department of Transportation for the US
97: Lower Bridge Way - NW loth Street (Terrebonne) Project
Road Department Director Chris Doty and County Engineer Cody Smith
presented the item via Zoom conference call explaining the project scope of
work.
DEBONE: Move approval of Document No. 2022-084
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
3. Consideration of Resolution No. 2022-045, Vacating a Portion of WR
Wilkinson Road
County Engineer Cody Smith presented the item via Zoom conference call.
CHANG: Move approval of Resolution No. 2022-045
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
BOCC MEETING JUNE 13, 2022 PAGE 2 OF 6
4. Consideration of Order No. 2022-031, Vacating a Portion of WR
Wilkinson Road
County Engineer Cody Smith presented the item via Zoom conference call.
DEBONE: Move approval of Order No. 2022-031
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
5. Consideration of Chair Signature of Document No. 2022-244, a Notice of
Intent to Award Contract for the Paving of Alfalfa Market Road: MP4 to
Johnson Ranch Road Project
County Engineer Cody Smith presented the item via Zoom conference call
and explained the scope of work. Two bids were received and High Desert
Aggregate and Paving are recommended for the bid award.
DEBONE: Move approval of Document No. 2022-244
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
6. Consideration of Chair Signature of Document No. 2022-098, a Notice of
Intent to Award Contract for the Paving of Hamby Road: US20 to Butler
Market Road Project
County Engineer Cody Smith presented the item via Zoom conference call
and explained the scope of work. Two bids were received and LTM Inc. doing
business as Knife River Materials are recommended for the bid award.
BOCC MEETING JUNE 13, 2022 PAGE 3 OF 6
CHANG: Move approval of Document No. 2022-098
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
7. Work Session: Bend UGB Expansion, Plan Amendment and Zone Change
- Affordable Housing Pilot Project - HB 4079
Associate Planner Kyle Collins presented the item for discussion and
consideration of a request for a comprehensive plan amendment and zone
change for a 35.52 acre property that is proposed to accommodate the
future Parkside Place project relative to the City of Bend affordable housing
pilot program. This item will be brought to the BOCC agenda on June 22,
2022.
8. Measure 109/Psilocybin
Senior Planner Tanya Saltzman presented the discussion via Zoom
conference call. The Oregon Health Authority is in process of developing
rules for the program which begins on January 2, 2023. Ms. Saltzman
reported staff are presenting a consideration for a ballot measure (referral)
to opt -out from the program. The deadline to file a ballot measure is August
16. The Board expressed support to proceed with a public hearing. CDD
Director Peter Gutowsky commented on the structure of the program in
terms of land use and zoning. Staff will schedule a public hearing and issue
a press release.
9. Work Session to Discuss Landfill Site Selection Criteria Memorandum
Solid Waste Director Chad Centola, incoming director Tim Brownell, and
Dwight Miller, Parametrix Consultant presented an update on the landfill
BOCC MEETING JUNE 13, 2022 PAGE 4 OF 6
siting effort. The recommendations of the Solid Waste Advisory Committee
were presented. Staff will present the site selection criteria during the June
22, 2022 BOCC meeting.
OTHER ITEMS:
• Commissioner Phil Chang reported on a request from Mt. Bachelor LLC for
the County to apply for an Oregon Department of Energy grant to support
Mt. Bachelor biomass district heating project. Present were John McLeod
and Matt Reilly of Mr. Bachelor Ski Resort to review the opportunity.
Commissioner Adair asked County Legal to review the information prior to a
decision from the Board. Mr. Lelack recommended reviewing this item
during the June 22, 2022 BOCC meeting.
EXECUTIVE SESSION:
At the time of the Board went into Executive Session under ORS 192.660 (2) (d)
Labor Negotiations. The Board came out of Executive Session at 4:57 p.m. to make
the following motion:
CHANG: Move to allocated funds from Oregon Health Authority under HB 4004
to assign a retention and compensation bonus opportunities up to
$3.1 million and retaining the remainder for a workforce incentive
fund.
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAI R:
Chair votes yes. Motion Carried
BOCC MEETING JUNE 13, 2022 PAGE 5 OF 6
ADJOURN: Being no further items to come before the Board, the meeting was adjourned at
4:59 p.m.
DATED this _ Day of 2022 for the Deschutes County Board of
Commissioners.
PATTI ADAIR, CHAIR
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, C MMISSIONER
BOCC MEETING JUNE 13, 2022 PAGE 6 OF 6
•
-A BOARD OF
s COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
2:00 PM, MONDAY, JUNE 13, 2022
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
.AGENDA
MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that
public meetings be accessible remotely, effective on January 1, 2022, with the exception of
executive sessions. Public bodies must provide the public an opportunity to access and attend
public meetings by phone, video, or other virtual means. Additionally, when in -person testimony,
either oral or written is allowed at the meeting, then testimony must also be allowed electronically
via, phone, video, email, or other electronic/virtual means.
Attendance/Participation options are described above. Members of the public may still view the
BOCC meetings/hearings in real time via the Public Meeting Portal at
www.deschutes.org/meetings
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to
comment on any meeting topic that is not on the current agenda. Citizen Input is provided by
submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-
1734. Citizen input received by noon on Tuesday will be included in the Citizen Input meeting
record for topics that are not included on the Wednesday agenda.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via
Zoom meeting. The Zoom meeting id and password will be included in either the public hearing
materials or through a meeting invite once your agenda item has been included on the
agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the
waiting room. Once you are ready to present your agenda item, you will be unmuted and placed
in the spotlight for your presentation. If you are providing testimony during a hearing, you will be
placed in the waiting room until the time of testimony, staff will announce your name and unmute
your connection to be invited for testimony. Detailed instructions will be included in the public
hearing materials and will be announced at the outset of the public hearing.
For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as
well as posted on the Deschutes County website at https•//www.deschutes.org/bcc/page/public-
hearing-notices.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ACTION ITEMS
2:00 PM Consideration of Order No. 2022-030 Cancelling Uncollectible Personal
Property Taxes of $35,267.45.
2. 2:05 PM Consideration of Document No. 2022-084, an Intergovernmental Agreement
with the Oregon Department of Transportation for the US97: Lower Bridge
Way -NW 10th St (Terrebonne) Project
3. 2:20 PM Consideration of Resolution No. 2022-045, Vacating a Portion of W.R.
Wilkinson Road
4. 2:25 PM Consideration of Order No. 2022-031, Vacating a Portion of W.R. Wilkinson
Road
5. 2:30 PM Consideration of Chair Signature of Document No. 2022-098, a Notice of
Intent to Award Contract for the Paving of Hamby Road: US20 to Butler
Market Road Project
6. 2:40 PM Consideration of Chair Signature of Document No. 2022-244, a Notice of
Intent to Award Contract for the Paving of Alfalfa Market Road: MP 4 to
Johnson Ranch Road Project
7. 2:50 PM Work Session: Bend UGB Expansion, Plan Amendment, and Zone Change -
Affordable Housing Pilot Project Work Session (HB 4079)
8. 3:20 PM Measure 109 / Psilocybin
9. 3:35 PM Work Session to Discuss Landfill Site Selection Criteria Memorandum
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.
EXECUTIVE SESSION
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.
June 13, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
10. Executive Session under ORS 192.660 (2) (d) Labor Negotiations Add -on
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
June 13, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
BOARD OF
COMMISSIONERS
MEETING DATE: Monday, June 13, 2022
SUBJECT: Work Session: Bend UGB Expansion, Plan Amendment, and Zone Change -
Affordable Housing Pilot Project Work Session (HB 4079)
BACKGROUND AND POLICY IMPLICATIONS:
Staff will provide background to the Board for consideration of a request for a Comprehensive
Plan Amendment and Zone Change (file nos. 247-22-000123-PA, 124-ZQ for a 35.52-acre
property located on Highway 20, adjacent to the eastern edge of the City of Bend's Urban Growth
Boundary (UGB). The subject proposal is to accommodate the future Parkside Place project
pursuant to the City of Bend's approved application for Affordable Housing Pilot Program
submitted to the State of Oregon under House Bill (HB) 4079 and OAR 660-039-0000 through
100. A public hearing on the quasi-judicial Plan Amendment/Zone Change application was held
before the Deschutes County Hearings Officer on May 10, 2022.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Associate Planner
u u • : _1z111J►TiI
TO: Deschutes County Board of Commissioners (Board)
FROM: Kyle Collins, Associate Planner
DATE: June 8, 2022
SUBJECT: Bend UGB Expansion, Plan Amendment, and Zone Change -Affordable Housing Pilot
Project Work Session (HB 4079)
The Board of County Commissioners (Board) is conducting a work session on June 13, 2022, to
consider a request for a Comprehensive Plan Amendment and Zone Change (file nos. 247-22-000123-
PA, 124-ZC) for a 35.52-acre property located on Highway 20, adjacent to the eastern edge of the City
of Bend's Urban Growth Boundary (UGB). A public hearing on the quasi-judicial Plan
Amendment/Zone Change application was held before the Deschutes County Hearings Officer on
May 10, 2022.
I. BACKGROUND
The Applicant, Hayden Homes, is requesting an Amendment to the Comprehensive Plan designation
and a Zone Change of the subject property from Rural Residential Exception Area (RREA) and Multiple
Use Agricultural (MUA10) Zone to Bend Urban Growth Area and Urbanizable Area (UA) District,
respectively. The subject proposal is to accommodate the future Parkside Place project pursuant to
the City of Bend's approved application for Affordable Housing Pilot Program submitted to the State
of Oregon under House Bill (HB) 4079 and OAR 660-039-0000 through 100. The proposal is being
pursued in conjunction with an application to the City of Bend for expansion of the City of Bend's
Urban Growth Boundary (UGB) to include the subject property. Additionally, the Applicant has
provided findings within the burden of proof that demonstrate compliance with state and local
requirements and policies. The current project follows the Board's passing of Resolution 2018-029
("A Resolution of Support for the City of Bend's Application for a Pilot Program for Urban Growth
Boundary expansion for Affordable Housing under HB 4079") in which the City of Bend and Deschutes
County coordinated on choosing the subject parcel for the future affordable housing project as well
as the application to the State to be considered for selection in the pilot program.
II. PUBLIC COMMENTS
Staff received one (1) written public comment from the Bend -Redmond Habitat for Humanity Director
of Land Acquisition and Development. These comments expressed support for the current proposal
noting the median housing prices and the need for affordable housing in the larger region.
At the public hearing before the Deschutes County Hearings Officer, several members of the public
asked questions concerning future development of the subject property if the current applications
before the County and the City to amend the Comprehensive Plans and change the zoning are
approved. These questions are summarized as follows:
• Will Highway 20 be included in the UGB and will ODOT lose jurisdiction to review access points
from Highway 20, speed limits and maintenance?
• Will there be a sidewalk and bicycle lane on Bear Creek Road? Traffic and speeds on Bear
Creek Road are hazardous.
• What percentages of Area Median Income (AMI) will be considered for affordable housing
criteria?
• What will the impact on wildlife be with the continued expansion of City limits, potential
development of or around the irrigation canals and piping of COID canals?
• Will light pollution associated with street lights be addressed?
• What about view impacts of a 3-story apartment building on the property?
• Will the affordable housing project include any portions dedicated for senior living?
• Will there be any barrier between future development of the site and existing housing on
surrounding properties to protect privacy of surrounding homeowners?
Both County staff, City staff, and the Applicant acknowledged these general questions and concerns.
Ultimately, the specifics of the physical design for the site and all related issues will be reviewed for
compliance with the City of Bend's development codes as well as compliance with the specific
standards of HB 4079. The Applicant has further stated their intent to coordinate with property
owners in the area when developing a master plan and site plan for the project after the property
has been annexed into the City.
III. HEARINGS OFFICER RECOMMENDATION
The Deschutes County Hearings Officer held a public hearing on May 10, 2022. On May 20, 2022, the
Hearings Officer issued a recommendation of approval for the proposed Plan Amendment and Zone
Change. No appeals of the Hearings Officer decision were filed.
IV. BOARD CONSIDERATION
The property does not include lands designated for agricultural or forest use. As such, Deschutes
County Code 22.28.030(B) states:
All quasi-judicial zone changes and those quasi-judicial plan amendments on which the Hearings
Officer has authorityto make a decision, the Board of County Commissioners shall, in the absence
Page 2 of 3
of an appeal or review initiated by the Board, adopt the Hearings Officer's decision. No argument
or further testimony will be taken by the Board.
As no appeals were filed and no review was initiated by the Board, the Board is required to adopt the
Hearings Officer's decision. No argument or further testimony can be taken by the Board on these
matters. The record, including the Hearings Officer's decision, is available for inspection at the
following link: https://www deschutes or /g cd/page/247-22-000123-pal24-zc-applicant-initiated-plan-
amendment-zone-change-and-bend-urban-growth
V. NEXT STEPS
Staff notes the Bend City Council will hold a public hearing for the HB 4079 UGB expansion on June
15, 2022. If ultimately approved by the Bend City Council, City staff anticipates that a second reading
of the adopting City Ordinances will occur on July 20, 2022, with an effective date of August 19, 2022.
Staff recommends that the Board adopt the corresponding County Ordinances by emergency, with
an effective date to coincide with the City's effective Ordinance date. The Board will review the
adopting Ordinances for the Plan Amendment/Zone Change on June 22, 2022. Should the City's
process necessitate a change in the County's procedures, staff will notify the Board at the June 22
meeting.
ATTACHMENTS:
1) Area Map
2) Board Resolution No. 2018-029
Page 3 of 3
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21455 Hwy 20, Bend, OR 97701
File Nos. 247-22-000123-PA, 22-124-ZC
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Deschutes County GIS, Sources: Esri, USGS, NOAA
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For Recording Stamp Only
4. Deschutes County Resolution of S pport
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution in support of the City of Bend's
Application for a Pilot Program for Urban * RESOLUTION NO.2018-029
Growth Boundary expansion for Affordable
Housing -under HB 4079
WHEREAS, the Oregon Legislature passed House Bill 4079 in 2016, creating a pilot program to
provide an adequate supply of land within urban growth boundaries that is dedicated to affordable housing,
encourage the development of affordable housing on land dedication to affordable housing, and protect land
dedicated to affordable housing from conversion to other uses before or after the development of affordable
housing; and
WHEREAS, among the State's public policy goals are ensuring that affordable housing developed
through the initiative continues to be affordable for a period of at least 50 years; and
WHEREAS, this program is being managed by the Oregon Department of Land Conservation and
Development (DLCD); and
WHEREAS, increasing affordable housing is regional priority as well a top priority for the Bend City
Council; and
WHEREAS, the City of Bend nominated a pilot project ("Bend Pilot Project") on a site of
approximately 50 acres, located -on the -eastern -border of Bend's urban growth-boundary-at-21455 Highway 20,
21420 Hwy 20, and possibly including a portion of 62225 Hamby Road in Deschutes County, Oregon ("Bend
Pilot Project Site"), owned by private owners; and,
WHEREAS, The Bend Pilot Project is competing to be selected for the HB 4079 Affordable Housing
Pilot Project for a city with a population over 25,000. If selected, the City of Bend intends to include the Bend
Pilot Project Site within the urban growth boundary of Bend, for annexation into the City of Bend, and
development as needed affordable housing; and
PAGE 1 OF 2 RESOLUTION 2018-029
WHEREAS, the application also requires a resolution of support for the pilot project adopted by the
governing body of the county (Deschutes County) in which the pilot project site is located; and
WHEREAS, the City has represented that it intends to submit the application for the pilot project to DLCD
by August 17, 2018; and
WHEREAS, the City and Deschutes County must work together to follow state land use laws for
completion of a urban growth boundary expansion if the City's application is selected by DLCD; and,
WHEREAS, a decision by the State is expected to occur in fall 2018; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY
AS FOLLOWS:
— - --- SECTION 1. That Deschutes County directly supports the submission of the Application by the City of
Bend to the DLCD and generally supports those actions necessary to expand the City of Bend Urban Growth
Boundary if the Bend Pilot Project is selected by DLCD.
SECTION 2. Effective Date. This Resolution shall be effective upon adoption.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Dated this 10 of `--' L"^ f-- , 2018
ATTEST:
Recording Secretary
PAGE 2 OF 2 RESOLUTION 2018-029
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MEETING DATE: June 13, 2022
SUBJECT: Measure 109 / Psilocybin
BACKGROUND AND POLICY IMPLICATIONS:
The purpose of this memorandum is to follow up on staffs recent presentation to the
Board of County Commissioners concerning psilocybin/Measure 109, and to receive
direction for next steps.
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: June 8, 2022
SUBJECT: Measure 109 / Psilocybin
The purpose of this memorandum is to follow up on staffs recent presentation to the Board of County
Commissioners (Board) concerning psilocybin/Measure 109, and to receive direction for next steps.
On June 1, 2022, staff provided the Board with an overview of Measure 109, which legalized psilocybin in
Oregon subject to the criteria noted in the measure and subsequent rulemaking.' During the discussion,
staff noted the compressed timeline: Oregon Health Authority (OHA) is currently in the process of
rulemaking, which may not be complete until December 2022, yet OHA is due to begin accepting
applications for licenses on January 2, 2023. As previously noted, OHA licenses will require a Land Use
Compatibility Statement (LUCS) to be issued by the County. This timeline places the Board —as well as
the industry and the public —in a difficult position of not knowing key aspects of the program in advance
of the program beginning.
Measure 109 does contain limited basic criteria pertaining to land use. For instance, psilocybin service
centers may not be located within 1,000 feet of elementary or secondary schools (500 feet if there is a
physical or geographic barrier). Staff continues to monitor the rulemaking process and is coordinating
with other counties as well as the Department of Land Conservation and Development on any pertinent
developments to the program.
As noted in Measure 109, counties are automatically opted in to the psilocybin program, but counties can
refer an opt out measure to the voters in the next general election. In consultation with Legal Counsel,
staff has determined that given the associated timelines, it will be necessary for the Board to determine
as soon as possible if it would like to refer an opt out ordinance to the voters on November 8.
Proceeding with an opt out ballot measure requires several steps in order to file a ballot title with the
County Clerk by the required August 19 deadline, including a public hearing to consider an opt out
ordinance (ORS 475A.718(1)), and adequate public notice for that hearing. Given that OHA rulemaking is
not expected to be complete until the end of the year and therefore no new information on the program
1 https://www.deschutes.org/bcc/page/board-commissioners-meeting
is expected in the near future, staff has chosen to elevate this decision point to the Board to ensure
enough time for the ballot measure process, if that option is chosen by the Board.
Staff requests Board direction on how to proceed. Staff will share a flowchart to outline the options
surrounding a ballot measure (taking into account potential outcomes of a vote) versus allowing Measure
109 to proceed with the existing and forthcoming rules.
-2-
01 ES
•
BOARD OF
COMMISSIONERS
MEETING DATE: June 13, 2022
SUB ECT: Work Session to Discuss Landfill Site Selection Criteria Memorandum
RECOMMENDED MOTION:
This is an informational Work Session and no motion is being recommended at this time.
BACKGROUND AND POLICY IMPLICATIONS:
Introduction and Background
In 2019, the Board of County Commissioners approved the County's Solid Waste
Management Plan (SWMP). One of the objectives identified in the Plan is the siting of a new
landfill in Deschutes County to replace Knott Landfill, which is projected to reach capacity in
2029. A Landfill Siting Group, consisting of representatives from County Administration and
the Solid Waste, Community Development, Property Management, Facilities Management,
IT and Legal Departments performed preliminary work in developing a site screening
process for identifying a new landfill site. In late 2021, the Group implemented a
solicitation to retain the services of a consulting firm to assist in moving forward with the
site screening process. Parametrix was awarded the contract and has been working with
the Landfill Siting Group to further refine and develop the Site Selection Criteria Technical
Memorandum (SSC).
Integral to the site selection process was reconvening the Solid Waste Advisory Committee
(SWAC), as that group will be reviewing, editing and approving the work on the site
screening process and will ultimately make a recommendation to the Board on a site.
Several members of the SWAC had stepped down with the completion of the SWMP and
staff went through a recruitment process to repopulate the Committee. The first SWAC
meeting, held on April 21, 2022, served as an introduction of County staff and the
Parametrix team to the SWAC, and presented the goals for the Committee and the draft
SSC for discussion and consideration. The second meeting, held on May 17, was primarily
an in-depth discussion, comment and input session on the SSC process and content. The
attached SSC has incorporated comments from the SWAC and is presented to the Board
today for consideration and input.
The SSC will guide staff, the Parametrix team and the SWAC through the process of
screening candidate sites with the objective of identifying a short list of potential sites and
ultimately, a single site for the Board to consider for the County's next solid waste
management facility. While the original and primary task is the siting of a new landfill, the
siting team has recognized that the facility may very well be viable for a number of other
related activities such as waste diversion for recycling, bio-digestion for the production of
renewal natural gas, organics composting and other waste management related
operations. For this reason, the facility is being branded as a Solid Waste Management
Facility, rather than just a landfill. While the process will be focused on siting a landfill, it will
be acknowledged that colocation of related facilities is a distinct possibility.
The Site Selection Criteria Technical Memorandum & Process
The SSC provides for a methodical approach to evaluating properties in Deschutes County
that are potentially viable sites for a new Solid Waste Management Facility. The process
applied in the SSC provides a thorough, comprehensive and transparent approach to
screening all candidate sites in the County.
The Parametrix team developed the SSC document using the County's 1990s landfill siting
criteria, state and federal regulations, team experience siting landfills in the Pacific
Northwest and specific land use requirements and natural environmental characteristics
found in Deschutes County. During the early phase of work with the Landfill Siting Group
and through subsequent work with the SWAC, the document has been refined to address
crucial considerations to avoid and minimize adverse impacts to natural and cultural
resources and to maintain consistency with the County's land use codes and existing
infrastructure and resources.
The process presented in the SSC utilizes a tiered weighting method which combines a
wide range of site characteristic, engineering, natural environment, cultural and land use
factors to assign scoring and ranking of potential candidate sites. It should be noted that
there are specific factors that include a fatal flaw score that will exclude sites from
consideration at the onset due to specific regulatory, environmental or land use factors.
The process will involve two phases of SSC application. In the first phase, referred to as the
broad site evaluation, the initial step will involve utilizing a GIS application that the County's
IT Department has developed to apply certain criteria to identify the initial candidate sites
for the process. Once those potential candidate sites are identified, Parametrix will start
applying the specific criteria in the SSC to that list for the broad site evaluation process.
Values generated for each site will be used in determining which prospective locations
should continue to remain on the list for further consideration. In the initial round of
scoring, the characteristics of each site will be evaluated, scored and applied to the SSC to
produce a representative value for each site. These values will then be used to compare
sites and aid in determining which sites should be carried to the next stage of evaluation.
This broad site evaluation relies mainly on existing data sources to generate a weighted
score for each site. It is anticipated that 12 sites will be identified through this initial
screening effort for further evaluation in the second phase, focused site evaluation.
The focused site evaluation phase will produce more detailed, site -specific information on
site engineering, hydrogeology, the natural environment, and land use. This step will
include on the ground reconnaissance of the 12 sites identified during broad site
evaluation to "ground truth" the findings of the broad site evaluation. The site visits will be
conducted by technical specialists on the Parametrix team for further evaluation of specific
criteria. Three sites will be identified through the focused site evaluation effort and
conceptual plans will be developed for each site which will include access, grading,
excavation, and placement of environmental and operational infrastructure. Additionally,
the site plans and mapping will be used with additional field studies to evaluate potential
impacts more accurately.
Throughout this process, monthly meetings with the SWAC will include presentations on
SSC application progress and scoring results for review, consideration and approval. Staff
will report to the Board periodically at milestones in the site screening process with
progress updates.
Next Steps
Staff will return to the Board on Wednesday, June 22 to receive and discuss any input
Commissioners have on the SCC. Once comments and input received from the Board are
incorporated into the SSC, the Parametrix team will implement the site screening process.
It is anticipated that initial results from the broad site evaluation effort will be presented to
the SWAC for review and discussion at the August, 2022 meeting. Overall, the goal is to
complete the broad and focused site evaluation process by March, 2023. At that time, staff
will consider, with Board concurrence, negotiating with Parametrix or issuing a solicitation
for the next phase of work which will involve more extensive site -specific investigations and
analysis to arrive at a single site for Board consideration.
BUDGET IMPACTS:
None
ATTENDANCE:
Chad Centola, Director of Solid Waste
Tim Brownell, Incoming Director of Solid Waste
Dwight Miller, Project Manager, Parametrix
Parametrix
ENGINEERING. PLANNING, ENVIRONMENTAL SCIENCES
150 NW PACIFIC PARK LANE, SUITE 110 1 BEND, OR 97701 1 P 541.508.7710
DATE: June 3, 2022
TO: Chad Centola
Deschutes County Department of Solid Waste
FROM: Dwight Miller, Parametrix
SUBJECT: Site Selection Criteria
PROJECT NUMBER: 553-2509-009
PROJECT NAME: Deschutes County Landfill Facility Siting
OVERVIEW
The consultant team has developed siting criteria based on County, state, and federal regulations, the County's
1990's siting criteria, our team's experience siting landfills in the Pacific Northwest, and specific natural
environment characteristics of Deschutes County. These site selection criteria have been refined to address
crucial considerations to avoid and minimize adverse impacts to natural and cultural resources and maintain
consistency with County land use codes and existing infrastructure and scenic resources. Selection criteria have
been developed in the following categories:
1. Site Characteristics/Engineering
2. Natural Environment
3. Land Use
Each of the categories (Level 1) is further broken down into subcategories (Level II) and specific siting criteria
(Level III). These criteria are assigned scores ranging from 0 (fatal flaw) to 5 (highly favorable). The use of criteria
and scoring provides an objective, repeatable way to measure and compare different sites. A 0 score (fatal flaw)
for a criterion is an exclusionary condition, which would remove a site from consideration even if it scores high
under other criteria.
Knowing what is important to siting a new landfill and evaluating the characteristics of potential sites is not
enough to make a final decision on the best sites. The decision -making process also considers and balances the
relative importance, or weight, of each criterion. This can be demonstrated by asking the question, "How
important is each criterion?" This question is more difficult to answer with rigor and accuracy because it is one of
judgment and opinion. Although regulations specify minimum conditions that must be met, the characteristics of
specific features or the appeal of exceeding basic requirements depends on experience and judgment.
The evaluation process will compare potential landfill sites. The fundamental purpose will be to combine the
criteria (what is important), weights (how important), and measurements (scores) for each site to produce a
single representative value. The values for each site will then be used to decide which prospective landfill sites
should continue to be considered.
EVALUATION METHOD
Various techniques allow decision makers to make complex decisions involving multiple factors. For this study, a
point distribution method was also used to develop criteria weights within a hierarchical framework. The
functional hierarchical structure for this study is shown by Table 1 and Figure 1. The top of the hierarchy is a
TECHNICAL MEMORANDUM (CONTINUED)
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single, overall objective —in this case, selecting the best landfill site. Each level below contains groups of
considerations that can be compared. At the first level in the hierarchy, no issue is left out. Next, the hierarchy
subdivides these basic considerations into their constituent parts, with greater specificity at each subsequent
level. The complete hierarchy contains the full set of considerations (criteria) important to the decision.
As noted, the siting criteria developed for this project were organized using this hierarchy. Each essential
consideration shown in the first level of Table 1 and Figure 1 is divided into its components, some of which may,
in turn, have their own components. For example, the first -level Site Characteristics/Engineering consideration is
composed of six second -level considerations, including Groundwater Protection/Hydrogeology, which is further
composed of four third -level criteria, Depth to Groundwater, Proximity to Drinking Water Wells, Proximity to
Wellhead Protection Areas, Site Hydrogeologic Framework. At each level and for each group, the question can be
asked, "How important are these criteria compared to each other?" The hierarchy thus defines and focuses each
set of comparisons. This simplifies the process of establishing values for all criteria by grouping similar
considerations.
When all factors have been compared, this method produces weights for each group of considerations. For each
site, these weights will be multiplied by the scores for each criterion at the lowest level of each branch of the
hierarchy. The resulting values will be carried vertically up the hierarchy, with the appropriate weights applied at
each level. The final value for a site will reflect both the objectively measured conditions on the site and the
importance weighting of the combined criteria. Since the weights for all criteria are normalized to 100 percent,
the final site values will have the same range as the criteria scores, from one to five.
The ability of the scoring and weighting process to produce a single value for each site does come at the expense
of a more detailed understanding of each site because the criteria will focus on common characteristics that can
be compared between sites. Consequently, this process does not include the unique characteristics of each site.
Therefore, for the focused site evaluation, brief summaries will be prepared to describe the three first -level
considerations for each site. These summaries will supplement the criteria scoring and weighting and more fully
describe the unique characteristics of each site.
EVALUATION PROCESS
The site evaluation process has two discrete stages. The first stage includes developing the criteria hierarchy and
weights, whereas the second stage evaluates potential landfill sites using those criteria scores and weights. To
keep the process as objective as possible, the consultant team will not view any potential landfill sites until the
first stage is fully completed. The purpose of this staging is to avoid any possible bias in the criteria hierarchy and
weights that would tend to favor a particular site. During the second stage, sites will be evaluated in two
approaches: an initial, broad site evaluation followed by a focused site evaluation.
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Site Selection Criteria 2 June 3, 2022
TECHNICAL MEMORANDUM (CONTINUED)
Table 1.. Criteria Weighting
Criteria Level 1 Weight Level II Weight Level III Weight 1
Site Availability/Acquisition Potential
40%
Ownership
40%
Number of Parcels
20%
Total Site Acreage
40%
Geotechnical Location Factors
10%
Fault Hazards
15%
Seismic Impact Zones/Hazards
20%
Unstable Areas — Mass Movement
25%
Unstable Areas — Poor Foundation
40%
Floodplains
5%
Groundwater Protection/Hydroge000gy
20%
Depth to Groundwater
25%
Proximity to Drinking Water Wells
30%
Proximity to Wellhead Protection Areas
15%
Site Hydrogeologic Framework
30%
Development
15%
Soils
45%
Topography
30%
Distance from Arterials
10%
Capacity/Site Configuration
15%
Operation
10%
Haul Distance to Waste Centroid
50%
Annual Precipitation
25%
Onsite Water Supply and Management-
25%
Wetlands and Waters
10%
50%
50%
Wetlands and Waters Impacts
Potential for On -Site Wetlands and Waters Mitigation
Threatened and Endangered Species
20%
Wildlife Area Combining Zone
10% _
Greater Sage -Grouse Area Combining Zone
40%
Sensitive Bird and Mammal Habitat Combining Zone and Migratory Birds
20%
50%
50%
Migratory Birds, Including Bald and Golden Eagles
Sensitive Bird and Mammal Habitat Combining Zone
Proximity to Airports
15%
Site Zoning
20%
Adjacent Land Use Impacts
20%
Existing Adjacent Use
25%
Planned Adjacent Use
25%
Distance to Nearest Residence
25%
Distance to Nearest Public Road
2S%
vita V cihility/hacthatir Imnart
.. ,. ...
10%
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Site Selection Criteria 3 June 3, 2022
TECHNICAL MEMORANDUM (CONTINUED)
NEI
Ownership
Site Availability/Acquisition Potential
• Number of Parcels
-Total Site Acreage
Fault Hazards
Geotechnital Location Factors
Seismic Impact ZonesMazaTcls
Slope Hazards
sr
Ras
le C
Floodplains
W do
Depth to
4g; It
.0
Groundwater ProtectionlHydrogeology
Pe,,)xq1)ItV Nowctinry Aleas
V
40
Soils
Development
Tc,,poq.raph�
Caparitv&to Configwalindl
Houl DiNtjn(a° to Woste Centroid
Operation
Arwival PrciPitition
•Ort 5itu 'Notur Supply dnd Me nagzinunt
I
-WetiandsandNatersImpacti
Wetlands and Waters
Potential far On -Site 'NutMi-ids; andithters Mitigation
Threatened and Endangered Species
Wildlife Area Comblining Zone
Greater Sage -Grouse
Sensitive Bird and Mammal Habitat Sensitive Gird and Mammal Habilzt Combining Zan
Combining Zone and Migratory Birds Rderally Protectc-d KgTatory Birds, including Bold and Golden Eagles
Proximity to Akports
Site Zoning
Existing Adjacent Use
Planned Adjacent Use
Adjacent Land Use Impacts Distance to Nearest Residence
Distance to Nearest Public Road
visihil,ty Based or-, Topography afWof Vegetat,on
Site VisibilitylAesthetic Impact
Transportation System NeedslOpportunity
Haut Route Impacts
Displacement
On -Site Land Use Impacts
Known Hjstcflcand Cultural Resources
probability for BUrk-d Historic or Cultural R.e sources
Figure 1
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>
Siting Criteria Hierarchy
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TECHNICAL MEM •' •
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SITE SELECTION CRITERIA
Site Characteristics/Engineering
The criteria in this group evaluate how well a site would function as a landfill and what types of engineering issues
or constraints would be involved in its development. The basic suitability of a site is very important, especially
during the broad site evaluation. If a site has fundamental engineering problems, then other impacts or
constraints are irrelevant.
Site Characteristics/Acquisition Potential
Ownership
Regulatory Requirements/Policies
No regulatory requirements directly relate to the site characteristics/acquisition potential criterion.
Description of Criterion and Criteria Scoring Categories
This criterion is intended to evaluate the potential ease of site acquisition. Sites currently owned by the County
are the most preferred properties. Private ownership is also desirable because it provides opportunities for a
negotiated acquisition or condemnation. Other kinds of potential ownership include state, municipal (including
districts), and federal land. Federal property is generally undesirable due to the long acquisition/transfer process
that can take over 10 years to complete. However, Bureau of Land Management (BLM) properties may be
identified as surplus and available for trade. The County has had preliminary discussions with BLM and they are in
support of applying use restrictions to lands under their jurisdiction that are adjacent to a potential landfill site.
Scoring Criteria Categories
5 Deschutes County
4 State or Municipal
3 Private
2 Federal Surplus Properties
1 Federal
Data Sources
Information on site ownership will be obtained from the County Geographic Information System (GIS).
Number of Parcels
Regulatory Requirements/Policies
No regulatory requirements directly relate to the number of parcels criterion.
Description of Criterion and Criteria Scoring Categories
It would be most desirable to locate the landfill on a parcel or parcels of land owned by a single owner. The ease
of acquisition, availability of information, communication, and mitigation would most likely vary, depending upon
the number of property owners involved. The time involved in obtaining rights of entry for preliminary
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investigations could also be significant during the siting process. This category compares the various sites relative
to the ease with which the required parcel(s) for the landfill site could be acquired.
Scoring Criteria Categories
5 1 or multiple parcels under a single owner
3 2 to 3 owners
1 4 or more owners
r .J
Information on site ownership and number of parcels will be obtained from the County GIS System.
Total Site Acreage
Regulatory Requirements/Policies
No regulatory requirements directly relate to the total site acreage criterion.
Description of Criterion and Criteria Scoring Categories
Site selection, acquisition, development, and closure measures are time-consuming, uncertain, and costly.
Therefore, development of a larger site offering more capacity lowers the cost per ton of landfilled waste
compared to a smaller site. Preliminary calculations indicate that the disposal area footprint will need to be a
minimum of 250 acres to provide a 100-year disposal capacity for Deschutes County residents. The County prefers
a minimum 500-foot-wide buffer between the disposal area and adjacent properties. Ideally, a 250-acre property
would be surrounded and buffered by BLM or other public land with use restrictions in place. Properties bisected
by large utility/access easements (powerlines, irrigation canals, roads) will be evaluated to determine if the
infrastructure impacts the landfill active area or can be relocated to buffers or offsite. In addition, it is
advantageous for the new facility to have areas for recycling, composting, and material recovery.
Scoring
Criteria Categories
5
Site size > 550 acres
4
Site size = 450 to 550 acres
3
Site size = 350 to 450 acres
2
Site size = 250 to 350 acres
1
Site size < 250 acres
Data Sources
Information on total site acreage will be obtained from the County GIS System.
Geotechnical Location Factors
Per Oregon Administrative Rules (OAR) 340-090-0030, the proposed solid waste management facility shall comply
with location restrictions in Title 40 CFR, Part 258, Subpart B, which includes requirements relating to Fault Areas
(258.13), Seismic Impact Zones (258.14) and Unstable Areas (254.15). The Oregon Department of Environmental
Deschutes County
553-2509-009
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MEMORANDUMTECHNICAL
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Quality (DEQ) Solid Waste Landfill Guidance document requirements in Sections 1.6-1.8 elaborate further on
geologic hazards considerations, based on the federal 40 CFR 258.13-15.
Description of Criterion and Criteria Scoring Categories
Geologic hazards considerations will be adopted from the DEQ Solid Waste Landfill Guidance document
requirements in Sections 1.6-1.8, which refer to the federal 40 CFR 258.13-15. Geologic hazards will be identified
by publicly available GIS layers through Oregon Department of Geology and Mineral Industries (DOGAMI) HazVu.1
The following geologic hazards will be adopted for screening purposes for potential landfill sites:
• Fault hazard
• Seismic hazard
• Slope hazard
Fault Hazards
For the purpose of this criteria, faults of Holocene age will be considered for weighing fault hazards. Fault hazards
include proximity to a Holocene fault recognized within the United States Geological Survey (USGS) Quaternary
Faults and Fold database' and the potential for fault rupture within the site.
Scoring Criteria Categories
5 Mapped Holocene or Quaternary Fault >5 miles from site
3 Mapped Holocene or Quaternary Fault >0.5 miles from site
1 Mapped Holocene or Quaternary Fault >200 feet from site
0 Mapped Holocene Fault <200 feet from site
Seismic Impact Zones/Hazards
For the purpose of this criteria, seismic hazards shall be recognized as areas subjected to earthquake -induced soil
liquefaction, ground shaking amplification, potential for slope failure, settlement, or surface faulting. Relative
seismic hazard will be identified by historic seismicity, proximity to Holocene, and mapped liquefication hazards. A
seismic impact zone shall be preliminarily characterized by an area with a 10 percent or greater probability that
the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's
gravitational pull (g), will exceed 0.10g in 250 years.
Scoring Criteria Categories
5 Moderate shaking and low/no liquefaction hazard
Moderate shaking and moderate liquefaction hazard
Strong shaking and moderate liquefaction hazard
Strong shaking and high liquefaction hazard
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Slope Hazards
Slope hazards will be preliminarily identified using DOGAMI open -file report 0-16-023 and SLIDO: Statewide
Landslide Information Layer for Oregon.'
Scoring Criteria Categories
5 Low to no susceptibility
3 Moderate susceptibility
1 High susceptibility
0 Very high susceptibility
Data Sources
Information on geotechnical location factors will be obtained from sources noted for each hazard type:
1 DOGAMI. Oregon HazVu: Statewide Geohazards Viewer. https://www.oregongeology.org/hazvu/
2 USGS. Quaternary Faults and Folds Database of the United States. https://www.usgs.gov/programs/"earthguake-
hazards/faults
3 DOGAMI. Landslide Susceptibility Overview Map of Oregon. Open -file report 0-16-02.
https://www.orego ngeo logyorg/pubs/ofr/0-16-02 report.pdf
4 DOGAMI. SLIDO: Statewide Landslide Information Layer for Oregon. https://gis.dogami.oregon.gov/maps/`slidoZ
Federal (40 CFR 258.11) and state rules require that "owners or operators of new MSWLF units... located in
100-year floodplains must demonstrate that the unit will not restrict the flow of the 100-year flood, reduce the
temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to
human health and the environment."
Description of Criterion and Criteria Scoring Categories
Locating a landfill in a floodplain can potentially be a very serious threat to public health. The hazard from floods
is due primarily to potential erosion, washout of waste from the site, and reducing the water storage capacity of a
watershed basin. A flood zone may require extraordinary protection measures to ensure containment of material
such as solid waste and leachate that could potentially affect the environment.
Scoring Criteria Categories
5 No apparent flood hazard
3 Active area located within the 500-year floodplain but outside the 100-year floodplain
1 Active area located in a 100-year floodplain, and demonstrations can be made according
to the requirements of federal rule mitigating projected impacts
0 Active area located in a 100-year floodplain, and demonstrations mitigating projected
impacts cannot be made according to the requirements of federal rule
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Site Selection Criteria 8 June 3, 2022
MEMORANDUMTECHNICAL •
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Information on floodplains and flood hazards will be obtained from flood insurance rate maps (FIRM) and flood
boundary and floodway maps published by the Federal Emergency Management Agency, as well as floodplain
maps available through other agencies such as the U.S. Army Corps of Engineers (USACE), USGS, the U.S. Natural
Resources Conservation Service, BLM, and state and local agencies.
Groundwater Protection/Hydrogeology
These criteria evaluate the ability of the local geology to provide groundwater protection and the potential for
impacts to existing drinking water wells. These are among the most tightly regulated locational factors under
state and federal laws.
Depth to Groundwater
Regulatory Requirements/Policies
OAR 340-094-0030 (4) states the following regulatory requirement related to this criterion:
(4) Sensitive Hydrogeological Environments. In addition to the requirements of 40 CFR, Part 258, Subpart B, no
person shall establish or expand a landfill in a gravel pit excavated into or above a water table aquifer or other
sensitive or sole source aquifer, or in a wellhead protection area, where the Department has determined that:
(a) Groundwater must be protected from pollution because it has existing or potential beneficial uses (OAR 340-
040-0020); and (b) Existing natural protection is insufficient or inadequate to minimize the risk of polluting
groundwater.
In the criteria and scoring presented below for depth to groundwater, the intent of OAR 340-90-030(4)(a) is being
applied to prioritize sites that have a greater depth to groundwater.
Deeper groundwater aquifers are afforded greater protection from leachate contamination because the soil has
some ability to absorb and disperse the leachate. It also provides a greater flexibility for placement of liner and
leachate collection systems, as these systems must be above the seasonal high groundwater aquifer elevation.
Scoring Criteria Categories
5 Groundwater aquifer anticipated to be deeper than 500 feet below ground surface
3 Groundwater aquifer anticipated to be between 300 and 500 feet below ground surface
1 Groundwater aquifer anticipated to be between 100 and 300 feet below ground surface
0 Groundwater aquifer anticipated to be less than 100 feet below ground surface
Oregon Water Resources Department (OWRD) well logs, USGS water supply papers and reports, college research
papers, and field reconnaissance will be used to estimate groundwater depths.
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EWA
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Proximity to Drinking Water Wells
Regulatory Requirements/Policies
Section 1.9 (Sensitive Hydrogeologic Environments) of DEQs Solid Waste Landfill Guidance cites
OAR 340-90-030(4), which says the following:
(4) Sensitive Hydrogeological Environments. In addition to the requirements of 40 CFR, Part 258, Subpart B, no
person shall establish or expand a landfill in a gravel pit excavated into or above a water table aquifer or other
sensitive or sole source aquifer, or in a wellhead protection area, where the Department has determined that:
(a) Groundwater must be protected from pollution because it has existing or potential beneficial uses
(OAR 340-040-0020); and (b) Existing natural protection is insufficient or inadequate to minimize the risk of polluting
groundwater.
In the criteria and scoring presented below for proximity to drinking water wells, the intent of
OAR 340-90-030(4)(a) is being applied to maximize the distance to the nearest existing water supply well(s).
Description of Criterion and Criteria Scoring Categories
Proximity to existing water supply wells increases the potential to impact the yield of the well as well as its
susceptibility to impacts if leachate did migrate away from the site. Providing a buffer is required in the landfill
siting rules.
Scoring Criteria Categories
5 Nearest well greater than 1 mile from the site
3 Nearest well between 1 mile and 0.5 mile from the site
1 Nearest well between 0.5 mile and 0.25 mile from the site
0 Nearest well less than 0.25 mile from the site
Data Sources
OWRD well logs, USGS water supply papers and reports, college research papers, and field reconnaissance will be
used to locate groundwater supply wells.
Proximity to Wellhead Protection Areas
Regulatory Requirements/Policies
OAR 340-094-0030 (4) states the following regulatory requirement related to this criterion:
(4) Sensitive Hydrogeological Environments. In addition to the requirements of 40 CFR, Part 258, Subpart B, no
person shall establish or expand a landfill in a gravel pit excavated into or above a water table aquifer or other
sensitive or sole source aquifer, or in a wellhead protection area, where the Department has determined that:
(a) Groundwater must be protected from pollution because it has existing or potential beneficial uses (OAR 340-040-
0020); and (b) Existing natural protection is insufficient or inadequate to minimize the risk of polluting groundwater.
In the criteria and scoring presented below for proximity to wellhead protection areas, the intent of
OAR 340-90-030(4)(a) is being applied to prioritize sites that are located outside any known wellhead protection areas.
Deschutes County 553-2509-009
Site Selection Criteria 10 June 3, 2022
TECHNICAL •'(CONTIN
Description of Criterion and Criteria Scoring Categories
Wellhead protection areas are used for public water supply systems (public and private) to identify the source
area and the geographic pathway associated with the groundwater that will eventually migrate from the source
area to a given well. Wellhead protection areas are modeled based on several hydrogeologic factors and well
yield and can vary considerably in size.
Scoring Criteria Categories
5 Outside of any known wellhead protection areas
3 Within a drinking water source area but outside of 2-year time of travel zone
0 Within a drinking water source area and a 2-year time of travel zone
Data Sources
Use of DEQ Facility Profiler and Oregon Health Division Drinking Water Protection Program Source Area databases
will be used to identify wellhead protection and source area boundaries.
Site Hydrogeologic Framework
OAR 340-094-0030 (4) states the following regulatory requirement related to this criterion:
(4) Sensitive Hydrogeological Environments. In addition to the requirements of 40 CFR, Part 258, Subpart 8, no
person shall establish or expand a landfill in a gravel pit excavated into or above a water table aquifer or other
sensitive or sole source aquifer, or in a wellhead protection area, where the Department has determined that:
(a) Groundwater must be protected from pollution because it has existing or potential beneficial uses
(OAR 340-040-0020); and (b) Existing natural protection is insufficient or inadequate to minimize the risk of polluting
groundwater.
In the criteria and scoring presented below for geologic-hydrogeologic properties, the intent of
OAR 340-90-030(4)(b) is being applied to prioritize sites with geologic and hydrogeologic properties that provide
natural groundwater protection from pollution.
Description of Criterion and Criteria Scoring Categories
The interaction and juxtaposition of subsurface geology with the primary aquifer can provide varying degrees of
protection to the groundwater resource. If the geology is highly porous or fractured with little to no low
permeability zones, the groundwater is more susceptible to impacts from surface activities.
Scoring Criteria Categories
5 Multiple layers of low permeability geologic units above aquifer
3 Fractured or porous geologic units with limited low permeability units above aquifer
0 Fractured or porous geologic units with no known low permeability units above aquifer
Data Sources
Oregon Water Resources Department well logs, USGS water supply papers and reports, college research papers
will be used to characterize hydrogeologic conditions.
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Site Selection Criteria 11 June 3, 2022
Soils
Regulatory Requirements/Policies
For landfills developed in Oregon, liner systems are required to meet the requirements of OAR 340-094-0060 and
40 Code of Federal Regulations (CFR) Part 258, Subpart D. The lower layer is typically a geosynthetic clay liner
placed over a prepared subgrade of silt to sand sized soil. The upper component of the liner system is typically a
60-millimeter, high -density polyethylene (HDPE) geomembrane. At least 1 foot of drainage material (gravel) is
typically placed over the HDPE bottom liner to provide for leachate collection and liner protection.
OAR 340-094-0060 and 40 CFR Part 258, Subpart D require a final cover that has a permeability that is less than
the bottom liner system. For landfills located east of the Cascades, in areas where precipitation is less than
12 inches per year, an alternative final cover is typically constructed that includes 4 to 6 feet of on -site, low -
permeable soils.
Description of Criterion and Criteria Scoring Categories
Soil and other on -site earth materials are used in landfill construction and operation for bottom liners, caps, final
cover, daily and intermediate cover, berms, and roads. The availability of these materials on site influences the
cost of site development and operation. Fine-grained materials (silt and clay) are useful for liners and final covers,
while coarse -grained materials (sand and gravel) are useful for landfill gas control systems and leachate collection
systems.
Underlying soils influence groundwater protection at a particular site. Sites underlain by silt and clay soil generally
rate higher than other sites because of the low permeability of these soils. Sites containing only sand and gravel
rate lower because these sites would need extensive engineering to provide a similar level of groundwater
protection. Sites with both coarse- and fine-grained materials could rate higher than either of those mentioned
above, depending on the quantities and the order in which the different layers of material are found at the site
(stratigraphy). Coarse -grained materials layered above fine-grained materials are desirable because the upper
layer could be excavated for roads and daily cover, leaving the fine-grained materials in place for groundwater
protection.
The U.S. Department of Agriculture Natural Resources Conservation Service (MRCS) has delineated over
100 different soil types in the planning area. These soil types, which can be grouped into seven major
associations, are distributed throughout the County. A description of these associations, with additional
information on the potential for available fine- and coarse -grained soil types, is provided below. The potential for
fine- and coarse -grained soil materials is also rated by categories, which include excellent, very good, good, and
poor. These seven associations are described as follows:
Gosney-Rock Outcrop-Descamp Complex: Moderately deep and shallow, somewhat excessively drained, stony
loamy sand and loamy sand that formed in ash; found on lava plains. Depth to bedrock ranges from 10 to
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TECHNICAL •'(CONTINUED) I
20 inches with rapid permeability. Water capacity is about 1 inch. This soil unit has poor to good potential for
fine-grained material and good to very good potential for coarse -grained material.
Dester Gravelly Loamy Sand, 0 to 3 Percent Slopes: Moderately deep and very deep, excessively drained to well -
drained soils. Gravelly loamy sand and gravelly clayey loam that formed in ash over old alluvium; found on lava
plains. Depth to bedrock ranges from 20 to 40 inches with moderately slow permeability. Water capacity is about
5 inches. This soil unit has poor to good potential for fine-grained material and good to very good potential for
coarse -grained material.
eeden Sandy Loam, Dry, 1 to 8 Percent Slopes: Shallow, well -drained soils that formed in residuum with ash on the
surface; found on lava plains. Sandy loam with lesser amounts of clay loam that formed in ash over residuum
derived from basalt or welded tuff. Depth to bedrock ranges from 10 to 20 inches with moderately slow
permeability. Water capacity is about 3 inches. This soil unit has poor to good potential for fine-grained material
and good to very good potential for coarse -grained material.
Dester Sandy Loam: Moderately deep and very deep, excessively drained to well -drained soils. Sandy loam, clay
loam, and gravelly clayey loam that formed in ash over old alluvium; found on lava plains. Depth to bedrock
ranges from 20 to 40 inches with moderately slow permeability. Water capacity is about 5 inches. This soil unit
has poor to good potential for fine-grained material and good to very good potential for coarse -grained material.
Wanoga-Femkle-Rock Outcrop Complex: Moderately deep and shallow, well -drained soils. Sandy loam underlain
by weathered tuff that formed in ash; found on hills. Depth to bedrock ranges from 20 to 40 inches with
moderately rapid permeability. Water capacity is about 4 inches. This soil unit has poor to good potential for fine-
grained material and good to very good potential for coarse -grained material.
Shanahan Loamy Coarse Sand, Low, 0 to 3 Percent Slopes: Very deep, somewhat excessively drained soils that
formed in ash and pumice over colluvium and older alluvium. Loamy coarse sand and coarse sand with depth to
bedrock at 60 inches or more with moderately rapid permeability. Water capacity is about 7 inches. This soil unit
has poor potential for fine-grained material and very good to excellent potential for coarse -grained material.
Stukel-Rock Outcrop -Deschutes Complex: Moderately deep and shallow, well -drained sandy loam that formed in
volcanic ash; found on lava plains. Depth to bedrock ranges from 10 to 20 inches with moderately rapid
permeability. Water capacity is about 2 inches. This soil unit has poor potential for fine-grained material and very
good potential for coarse -grained material.
Scoring
Criteria Categories
5
Active area can provide all the required drainage layer material, all well -graded daily
and intermediate cover soils, and all final cover topsoil
4
Active area can provide 50% of the required drainage layer material, 100% of the well -
graded daily and intermediate cover soils, and 100% of the final cover topsoil
3
Fine-grained soils only, greater than 40 feet thick, all dry -weather daily and
intermediate cover soils, and all final cover topsoil are available as fine-grained soils
2
Fine-grained soils only, greater than 20 feet thick, all dry -weather daily and
intermediate cover soils, and all final cover topsoil are available as fine-grained soils
1
Rock is predominant at ground surface over majority of site
Deschutes County 553-2509-009
Site Selection Criteria 13 June 3, 2022
TECHNICAL •' •
i . n' `�.' 1 �: zf' '` /" r' des L✓
Data Sources
A digital soils coverage based on NRCS/DOGAMI soil types was included in the GIS data obtained from Deschutes
County, and soil -related characteristics were used in developing several other screening criteria. At the site -
specific level, the GIS data will be used to produce detailed maps of potential site areas for evaluation of soil
characteristics of all types.
Topography
Regulatory Requirements/Policies
No regulatory requirements relate to this criterion, except for site topography with severe slopes that may be
unstable (see the unstable areas criterion).
Description of Criterion and Criteria Scoring Categories
The topography of a potential landfill site is important because of its effect on site access, material movement,
and the excavation -to -volume (E/V) ratio. Site access is also important in refuse delivery and movement of borrow
soil. The E/V ratio refers to the volume of on -site soil that must be excavated for every equivalent volume of in -
place compacted refuse.
For example, a flat site might have a poor E/V ratio because an equivalent volume of soil must be excavated for
every unit volume of refuse placed, if the site cannot be mounded. On this site, access for truck movement would
be excellent. Conversely, a typical hillside or upland site may have a good E/V ratio because a smaller volume of
soil must be excavated for the placement of refuse. However, that same site may have poor access because of
uneven topography, steep haul grades, or an excessive number of small drainages that must be bridged.
Scoring Criteria Categories
5 E/V ratio excellent
(site has slopes and relief that greatly benefit site capacity)
3 E/V ratio good
(site has slopes and relief that benefit site capacity)
1 E/V ratio poor
(site has slopes and relief that do not benefit site capacity)
At the broad level, data sources to determine topography include USGS and DOGAMI GIS mapping and general
field reconnaissance at potential site areas. During focused evaluations, the conceptual site plan will be used to
evaluate excavation needs and possible site access routes.
Capacity/Site Configuration
Regulatory Requirements/Policies
The Deschutes County Solid Waste Management Plan states that a new landfill facility should be sited, designed,
and operated such that it has at least a 100-year life, based on assumed future waste stream rate projections, in -
place density, and total daily cover volume.
Deschutes County 553-2509-009
Site Selection Criteria 14 June 3, 2022
MEMORANDUMTECHNICAL •
Description of Criterion and Criteria Scoring Categories
Landfill capacity will primarily depend on the projected waste stream for Deschutes County over a 100-year
period. In addition, the waste density (weight per unit volume) after it has been landfilled and the amount of daily
cover used determines the total volume needed to deposit 100 years of waste. The landfill shape is a function of
many criteria described in this report, including siting and design criteria; borrow sources; buffers; aesthetics; and
topographic, geologic, and hydrogeologic conditions. Based on the factors noted above, a minimum site capacity
of 50 million cubic yards is required. A typical landfill of this size requires a site area of approximately 350 to
600 acres depending upon average landfill depth and buffer requirements. Larger sites with fewer barriers to
footprint expansion also provide design flexibility and the opportunity for additional landfill capacity.
Consequently, the criteria categories consider both size and use efficiency.
Scoring Criteria Categories
5 The active area can provide a minimum capacity of 50 million cubic yards, is
unrestricted by physical or natural features, requires an average depth of less than 50
feet, a maximum height that is less than the nearest high point, in a configuration that
matches the surrounding terrain
4 The active area can provide a minimum capacity of 50 million cubic yards, is restricted
by a physical or natural feature on one boundary, requires an average excavated depth
of less than 50 feet, a maximum height that is less than the nearest high point, in a
configuration that matches the surrounding terrain
3 The active area can provide a minimum capacity of 50 million cubic yards, is restricted
by a physical or natural feature on more than one boundary, requires either an average
excavated depth greater than 50 feet or a maximum height greater than the nearest
high point, in a configuration that matches the surrounding terrain
2 The active area can provide a minimum capacity of 50 million cubic yards, is restricted
by a physical or natural feature on more than one boundary, requires an average
excavated depth greater than 50 feet, and a maximum height greater than the nearest
high point, in a configuration that does not match the surrounding terrain
1 The active area cannot provide a minimum capacity of 50 million cubic yards, is
restricted by physical or natural features on more than one boundary, in a
configuration that does not match the surrounding terrain
Data Sources
Information on topography to be obtained from the County GIS System. During focused screening, a conceptual site
plan will be developed for each site, including initial evaluation of footprint size, depth of excavation, and final grading.
Operation
Haul Distance to Waste Centroid
No regulatory requirements directly relate to the haul distance to waste centroid criterion.
Due to the cost of labor, fuel, and vehicle maintenance, the distance between the waste source and the landfill has a
significant effect on disposal costs. In addition, greater travel distances increase air quality and greenhouse gas
emissions impacts. It is desirable, therefore, to locate the landfill closer to the waste generation source. Note that a
site closer to the waste centroid is likely to score lower on some criteria due to closer proximity to residents.
Deschutes County 553-2509-009
Site Selection Criteria 15 June 3, 2022
TECHNICAL •'(CONTINUED
WIT
Scoring Criteria Categories
5 Less than 10 miles from waste centroid
3 Between 10 and 20 miles from waste centroid
2 Between 20 and 30 miles from waste centroid
1 More than 30 miles from waste centroid
Data Sources
At the broad level, County GIS maps and general field reconnaissance at potential site areas will be used to
determine the haul distance to waste centroid.
Annual Precipitation
Regulatory Requirements/Policies
No regulatory requirements in the OARS directly relate to the annual precipitation criterion.
Description of Criterion and Criteria Scoring Categories
The amount of precipitation in a given landfill location generally determines the amount of leachate generated and
operational costs at the site. The greater the amount of leachate, the more effort required for processing or
disposing of this material and the greater the possibility that leachate from the site could affect the surrounding
environment. In terms of annual precipitation, the most desirable site has the least precipitation. Further, sites that
have low precipitation generally have less snow in the winter, which improves site access and onsite operations.
Scoring Criteria Categories
5 10 inches or less of precipitation annually
4 Between 11 and 15 inches of precipitation annually
3 Between 16 and 20 inches of precipitation annually
2 Between 21 and 25 inches of precipitation annually
1 More than 25 inches of precipitation annually
Precipitation data will be obtained from the National Oceanic and Atmospheric Administration's National
Weather Service.
Onsite Water Supply and Management
Regulatory Requirements/Policies
No regulatory requirements in the OARS directly relate to onsite water supply and management for facility
development and operations. An onsite groundwater supply well can be installed, which would have an exempt
use of groundwater provision not exceeding 5,000 gallons per day (gpd). Water needs beyond this amount would
require a water right or permit. While it is difficult to forecast regulatory impacts or restrictions that may result
from future climate change initiatives that affect water rights and availability, the need to expand or procure
future water rights will result in lower scoring due to potential challenges associated with those additional needs.
Deschutes County 553-2509-009
Site Selection Criteria 16 June 3, 2022
TECHNICAL•' •
14
�..,✓.,,�.....� ✓ '`"s ,1i{., �;, Tti✓� <rme, I„ z ,x., ..0 sa. ,ns:
Description of Criterion and Criteria Scoring Categories
If the future landfill site will need a water permit from the Oregon Water Resources Department, new
groundwater uses are required to mitigate their impacts on surface flows per the Deschutes Groundwater
Mitigation Program. If a water permit is required, the landfill's consumptive use must be identified. Sites with
existing water rights are valued higher than those lacking existing water rights that can be used for landfill
operations. The scoring also accounts for the potential obligation to obtain available mitigation credits in certain
zones of impact.
Scoring Criteria Categories
5 Water right permits exist and are sufficient for landfill water needs
3 Water right permits exist, but require expansion and/or mitigation to meet landfill water needs
1 No water right permits exist and mitigation is required for landfill water needs
Water right permit information and Deschutes Groundwater Mitigation Program requirements will be obtained
from the OWRD website and Water Right Information System database.
Deschutes County 553-2509-009
Site Selection Criteria 17 June 3, 2022
MEMORANDUMTECHNICAL •
c �
Natural Environment
County lands contain sensitive cultural resources and a diversity of flora, fauna, and habitats that the County and
other state and federal agencies have identified for protection. The County's land use code affords protections to
these resources while balancing the community's needs for infrastructure development. The criteria address key
considerations for avoidance and minimization of impacts to essential, irreplaceable, and limited natural and
cultural resources. Natural resources for consideration include state and federal threatened and endangered
species and species of concern; riparian and wetland areas; Oregon spotted frog; shrub -steppe habitat; greater
sage -grouse habitat; sensitive bird and mammal sites; game species range; and open spaces and scenic views. The
relative importance of these criteria increases during focused evaluation, where the conceptual site plan and
more detailed field investigations allow the potential for mitigation to be assessed.
Wetlands and Waters
Regulatory Requirements/Policies
According to OAR 340-094-0030(2), "No person shall establish, expand, or modify a landfill in a floodplain in a
manner that will allow the facility that may pose a hazard to water resources." Per 40 CFR Part 258.12, landfills
are subject to Section 404 of the Clean Water Act compliance through USACE, Oregon Department of State Lands
(DSL) removal fill rules (OAR Division 85), and Section 401 of the Clean Water Act for state water quality standards
through Oregon DEQ. Under this rule, the project must ensure that endangered or threatened species are not
jeopardized, toxic effluent standards are not violated, and landfill operations do not result in a substantial loss of
wetland area. Also, the project must attempt to achieve no net loss of wetlands and waters (as defined by
acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable, then minimizing
unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland
and water impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of
existing degraded wetlands/waters or creation of man-made wetlands). This rule also presumes that practicable
alternatives to the proposed landfill that do not involve wetlands and waters must be evaluated.
Description of Criterion and Criteria Scoring Categories
This criterion provides a broad -based screening of potential sites that may have wetlands and waters.
Scoring Criteria Categories
5 No wetlands identified
3 Less than 0.5 total acre of wetlands identified
1 More than 0.5 total acre of scattered wetlands identified
0 More than 0.5 acre of wetlands identified
and significant impacts cannot be avoided'
'This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations
The more focused criterion provides a screening of potential sites that may have wetlands and waters. A focused -
level site evaluation criterion would identify and characterize wetlands in the project area. More thorough study
will be required during the individual -level site evaluation to delineate any wetlands in the area. This procedure
was designed to consider major thresholds for determining USACE and DSLjurisdiction and associated permitting
and mitigation requirements identified in Section 404 of the federal Clean Water Act and in DSL's removal fill rules.
Deschutes County 553-2509-009
Site Selection Criteria 18 June 3, 2022
MEMORANDUMTECHNICAL •
Ro
�� �'?;; u.a.,.,, ,. 1 s. :..,.,,:,.0 v.. c. ,._.a. ,, ..,:✓ WsdJi^..,� i'cls... n.� .... �. .,:,.,» .....ti. �. o,.. ;: ,.. u
Scoring Criteria Categories
5 No wetlands or waters identified in the active area
3 Artificial wetlands greater than 1 acre (e.g., fed by irrigation or stock watering), isolated wetlands,
or ephemeral waters are present
2 Potential for wetland impacts up to 0.5 acre and stream impacts
up to 300 linear feet.
0 Potential for wetland impacts exceeding 0.5 acre, stream impacts exceeding 300 linear feet, or
impacts to aquatic resources of special concern.'
' This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations
A countywide screening of wetlands, conducted during the general site area identification, will use the U.S. Fish
and Wildlife Service (USFWS) National Wetland Inventory; DSL wetlands and waters concurrence and permit
records database; DSL Local Wetland Inventory mapping; Deschutes County water feature class GIS data; NRCS
hydric soil mapping; and historic and current aerial photographs. The information gathered will be used to locate
potential wetlands. Field reconnaissance may also be conducted to further characterize wetland and water areas.
Threatened and Endangered Listed Species
Regulatory Requirements/Policies
According to OAR 340-094-0030(3), "No person shall establish, expand or modify a landfill in a manner that will
cause or contribute to the actual or attempted (a) harassing, harming, pursuing, hunting, wounding, killing,
trapping, capturing, or collecting of any federally listed endangered or threatened species of plants, fish, or
wildlife; or (b) direct or indirect alteration of critical habitat which appreciably diminishes the likelihood of the
survival and recovery of endangered or threatened species using that habitat."
Per 40 CFR 258.12(a)(2)(iii), a landfill project cannot "jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a critical habitat, protected under the
Endangered Species Act of 1973." Furthermore, if under federal regulations (40 CFR 258) it is determined that
operation of a landfill at a site would cause or contribute to the taking of any endangered species of plant, fish, or
wildlife listed as such (pursuant to Section 4 of the Endangered Species Act), the site would be removed from
consideration. According to this criterion, a site that has the least impact on threatened and endangered species
receives the highest score.
Description of Criterion and Criteria Scoring Categories
Locations reportedly used by threatened or endangered species or designated as critical habitat are excluded
from landfill development. At the broad level, the threatened and endangered listed species criterion measures
the proximity of a potential landfill site to known threatened, endangered, and candidate species or critical
habitat locations. At the broad level, the criteria categories are as follows:
Scoring Criteria Categories
5 No occurrence of federal/state threatened, endangered, or candidate species within 3 miles of the site
2 Known occurrence of federal/state threatened, endangered, or candidate species between 1 and 3 miles from the site
1 Known occurrence of federal/state threatened, endangered, or candidate species within 1 mile from the site
0 Known occurrence of federal/state threatened or endangered species on area adjacent to site, in the site buffer, or on site'
'This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations.
Deschutes County 553-2509-009
Site Selection Criteria 19 June 3, 2022
TECHNICAL •' •
For the focused evaluation, the type of species and the use of the site is evaluated to determine whether
mitigation appeared possible. This may require discussions with federal and state agencies.
Scoring Criteria Categories
5 Federal/state threatened or endangered species or designated critical habitat
exist between 1 and 3 miles from the site, with no impacts expected
3 Impacts to federal/state threatened or endangered species or designated
critical habitat present in the site vicinity can be avoided
1 Impacts to federal/state threatened or endangered species or designated
critical habitat present in the area can be mitigated
0 Impacts to federal/state threatened or endangered species or designated
critical habitat cannot be avoided or mitigated'
'This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations.
Portland State University's Oregon Biodiversity Information Center (ORBIC) and USFWS's Information for Planning
and Consultation databases provide data on threatened and endangered species. Information in the databases
may only be a relative indicator of the actual presence of threatened or endangered species. For example, a nest
site of an endangered species may have a uniform buffer area assigned around the nest as habitat because the
actual use of the area by the species is unknown. Therefore, the mapped data may not show the actual location
or extent of the habitat. For the focused evaluation, site -specific encroachment on critical habitat will be
evaluated, in general, relative to the timing of on -site activity and the patterns and type of use specific to the
species using the site. For the purposes of this study, specific information on the location of threatened and
endangered species is restricted; therefore, it will be generalized before it is presented to the public.
Wildlife Area Combining Zone
Regulatory Requirements/Policies
The purpose of the Deschutes County Code (DCC) Chapter 18.88 Wildlife Area Combining Zone (WA zone) is to
conserve important wildlife areas in Deschutes County; to protect an important environmental, social, and
economic element of the area; and to permit development compatible with the protection of the wildlife
resource. Landfills in WA zones must be permitted conditionally by the underlying zone (per DCC 18.128.120).
Provisions of DCC 18.88 shall apply to all areas identified in the Comprehensive Plan as a winter deer range,
significant elk habitat, antelope range, or deer migration corridor. Lands within 100 feet of wetlands, floodplains,
or riparian areas or those mapped as "Existing High Use Migration Areas" or "Important Connective Areas
Through Existing Developed Areas" on the 1997 Oregon Department of Fish and Wildlife (ODFW) map submitted
to the South County Regional Problem Solving Group may also be considered for WA zone conditional use
permitting. Unincorporated communities are exempt from the provisions of DCC 18.88.
Description of Criterion and Criteria Scoring Categories
Areas designated by the County as WA zones must meet zoning code criteria for conditional use. This includes
consideration of the proximity of a potential landfill site to a WA zone and the designated overlay type. The sites
furthest from known WA zones receive the highest scores. At the broad level, this criterion establishes the
presence of WA zones in relation to the site as follows:
Deschutes County 553-2509-009
Site Selection Criteria 20 June 3, 2022
TECHNICAL MEMORANDUM (CONTINUED)
Scoring Criteria Categories
5 No WA zone within 3 miles of the site
3 WA zone within 3 miles from the site
1 WA zone on site
At the focused level, this criterion evaluates the habitat characteristics and potential for impacts and mitigation,
as follows:
Scoring Criteria Categories
5
No WA zone within 3 miles of the site
4
No WA zone within 0.25 mile to 3 miles of the site
3
Site is within 0.25 mile of a WA zone, but there are no apparent impacts
2
Impacts to WA zone will occur but can be mitigated on site
1
Impacts to WA zone will occur but can be mitigated off site
0
Impacts to WA zone will occur and cannot be mitigated'
'This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations
Data Sources
Data sources used to assess this resource include Deschutes County WA zone GIS data, provisions of DCC 18.88,
and the 1997 ODFW map submitted to the South County Regional Problem Solving Group.
Greater Sage Grouse Area Combining Zone
Regulatory Requirements/Policies
The greater sage -grouse (GSG) has been the focus of sustained conservation efforts for the last two decades,
narrowly avoiding a listing designation under the Endangered Species Act in 2015. ODFW is closely involved with
ongoing multi -stakeholder conservation efforts for the species throughout Eastern Oregon, including Deschutes
County and USFWS. Accordingly, private and other nonfederal landowners are strongly encouraged to participate
in a Candidate Conservation Agreement with Assurances program. Voluntary conservation efforts of this nature
are recognized by the state of Oregon as a critical part in recovering the breeding populations of GSG. Beyond
voluntary efforts, it remains necessary to provide a regulatory framework that offers fairness, predictability, and
certainty for all involved parties. Engagement on the part of county governments throughout the GSG's range is
critical to Oregon's efforts to address possible impacts from future development.
Deschutes County's GSG Combining Zone code (DCC 18.89; GSG zone) is consistent with ODFW's GSG
conservation strategy rules (OAR 635-140) and the Greater Sage -Grouse Conservation Assessment and Strategy
for Oregon (2011). These rules and guidelines are intended to advance GSG population and habitat protection
through a mitigation hierarchy by establishing mitigation standards for impacts from certain types of
development actions in GSG habitat.
The mitigation hierarchy approach is comprised of a three -step process —avoidance, minimization, and
compensatory mitigation —and is applied to three distinct GSG habitat conditions:
• Core area (DCC18.89.080)
• Low -density habitat (DCC 18.89.090)
• General habitat (DCC 18.89.100)
Deschutes County 553-2509-009
Site Selection Criteria 21 June 3, 2022
MEMORANDUMTECHNICAL
The County may approve a large-scale development proposal that does not meet the avoidance test for
significant GSG habitat if the County determines that the overall public benefits of the proposal outweigh the
damage to significant GSG habitat. However, the project must still comply with the mitigation hierarchy and the
applicant must show that the overall public benefits outweigh the damage to the significant GSG habitat
(DCC 18.89.110).
Description of Criterion and Criteria Scoring Categories
Areas designated by ODFW and the County as core habitat are presumably excluded from landfill development as
alternative sites may be available outside of core areas. Depending on the severity of impact and mitigation
obligations, select sites in low density or general habitat may be permittable through agency coordination to
develop effective conservation measures and best management practices for the construction and operational
phases of the project. Projects outside of these habitats would not need to account for GSG zone requirements
for siting. The following table includes key considerations to landfill development siting in different GSG zones.
Mitigation Hierarchy
Habitat Risk and Fatal Flaw Siting
Designation Avoidance Minimization Mitigation Considerations
Core Area
Low Density
General
Habitat
a
b
Alternatives analysis
Satisfy 3 criteria:
a Alternatives analysis
b Satisfy 2 criteria:
a
c
Minimize habitat
impacts and
fragmentation
Micrositing,
construction BMPs
Avoid, if possible,
impacts in high
population richness
areas within core area
1. Not technically a Locate to minimize
feasible to locate impacts to habitat
elsewhere b Micrositing,
2. Dependent on a construction BMPs
unique geographic
or physical
feature(s)
General habitat (within 3.1 miles of an occupied or
occupied -pending lek) require consultation with
County and ODFW to verify avoidance and
minimization measures
Outside of Greater than 3.1 miles from known leks; impacts avoided
Habitat
a Fully offset impacts
to any core area
b Comply with ODFW
Conservation rules
for GSG
High risk/potential fatal flaw
• Large-scale development
must not increase County's
metering or disturbance
thresholds
• Requires alternative analysis
for preferred alternative in
core area
• Subject to ODFW approval
and mitigation
recommendations
• Extensive mitigation may be
required
Moderate to low risk
• Confirmation from ODFW
that there are no threats to
significant GSG habitat or
use
• Subject to ODFW approval
and mitigation
recommendations
No risk
The GSG criterion measures the proximity of a potential landfill site to GSG zones. The sites furthest from known
GSG zones receive the highest scores. At the broad level, this criterion establishes the presence of GSG zones in
relation to the site as follows:
Deschutes County 553-2509-009
Site Selection Criteria 22 June 3, 2022
TECHNICAL •' •
Scoring Criteria Categories
5 No GSG zones within 3.1 miles of the site
3 Low density or general habitat GSG zone within 3.1 miles from the site
2 Core area GSG zone within 3.1 miles from the site
1 Low density area or general habitat GSG zone on site'
0 Core area GSG zone on site2
'This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations
2 Within core area GSG zones, mitigation is not feasible, and the site is not suitable for landfill siting.
At the focused level, this criterion evaluates the habitat characteristics and potential for impacts and mitigation,
as follows:
Scoring Criteria Categories
5 No GSG zones within 3.1 miles of the site
4 GSG zones within 3.1 miles of the site, but there are no apparent impacts
3 GSG zones within 3.1 miles of the site, and there may be indirect impacts
2 Impacts to low density or general habitat GSG zones will occur, but can be mitigated on site'
1 Impacts to low density or general habitat GSG will occur and cannot be mitigated'
p Impacts to core area GSG zone will occur
' This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations
2 Within core area GSG zones, mitigation is not feasible, and the site is not suitable for landfill siting.
Data sources used to assess this resource include the provisions of DCC 18.89; the Sage -Grouse Conservation
Partnership's (Sage -Con) 2015 Sage -Grouse Action Plan; County, state, and Sage -Con GIS mapping layers for
landscape planning and development siting; and coordination with ODFW to verify criteria development and
assessment.
Sensitive Bird and Mammal Habitat Combining Zone and Migratory Birds
Regulatory Requirements/Policies
The purpose of DCC Chapter 18.90 Sensitive Bird and Mammal Combining Zone (SBMH) is to ensure that sensitive
habitat areas identified in the County's Goal 5 sensitive bird and mammal inventory as critical for the survival of
the northern bald eagle, great blue heron, golden eagle, prairie falcon, osprey, great grey owl, and the
Townsend's big -eared bat are protected from the effects of conflicting uses or activities that are not subject to
the Forest Practices Act. This objective shall be achieved by implementation of the decision resulting from the
economic, social, environmental and energy analysis (ESEE) for each inventoried sensitive habitat area. Landfill
sites permitted in the SBMH zone are subject to conditional use permitting, site plan review for SBMH conditions,
and the provisions of the ESEE decision. Approval of the site plan will be conditioned to ensure protection of
SBMH resources and will include construction and operational best management practices that avoid or minimize
impacts to SBMH resources. When there is a conflict between the site -specific ESEE analysis and the provisions of
DCC Title 18, the site -specific ESEE analysis shall control.
The USFWS administers the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act
(MBTA) which are strict liability statutes that prohibit the unauthorized taking of migratory birds and bald and
Deschutes County
553-2509-009
Site Selection Criteria 23 June 3, 2022
TECHNICAL •' •
golden eagles within the United States. For these statutes, "take" occurs when any person or entity pursues,
hunts, shoots, wounds, kills, traps, captures, or collects a migratory bird or eagle. Additionally, under the BGEPA,
anyone who disturbs, agitates, or bothers an eagle to a substantial degree also commits "take." Bald eagles were
delisted under the Endangered Species Act in 2007 but are still afforded federal protection under these acts.
The USFWS has provided National Bald Eagle Management Guidelines, which are not federal regulations but
provide information for people or entities who engage in recreation or land use activities on how to avoid impacts
to eagles prohibited by BGEPA and MBTA. The guidelines are crafted to reflect the current way that federal and
state managers interpret these laws. Additionally, if a permit is required under these laws, USFWS recommends
that eagle nest surveys out to 2 miles from the boundary of the area be conducted in association with an
incidental take permit to provide sufficient information to evaluate project impacts to nearby nesting eagles.
Description of Criterion and Criteria Scoring Categories
The SBMH areas are those identified in the Deschutes County Comprehensive Plan Resource Element inventory
and site -specific ESEE for each sensitive bird or mammal site. The SBMH areas to be protected by the provisions
of DCC 18.90 is defined as the area:
® Within a radius of 1,320 feet (0.25 mile) of a golden eagle, bald eagle, prairie falcon nest, or a Townsend's
big -eared bat hibernating or nursery site.
• Within a radius of 300 feet of a great blue heron rookery or osprey nest.
• Within a radius of 900 feet of a great grey owl nest site.
Established nest buffer distances to known eagle nests are defined in the National Bald Eagle Management
Guidelines. In general, Golden eagle nest locations are buffered by a sensitive habitat area that extends out for a
radius of 2 miles. Bald eagle nests are buffered by a 0.25-mile radius. Any construction activities during the
nesting season within these distances or direct impact to active or alternate nests would require coordination
with USFWS and possibly permitting under these rules. The USFWS does not provide set buffer distances to
protect nests of migratory birds under the MBTA but would be consulted during permitting to verify nest buffers
recommended for the project —typically 100 feet or less for non -raptor species and 300 feet or less for raptors
other than bald and golden eagles.
The sites furthest from known SBMH and migratory bird areas receive the highest scores. At the broad level, this
criterion establishes the presence of SBMH and migratory bird areas in relation to the site as follows:
Scoring Criteria Categories
SBMH
5 No SBMH zone within 0.5 mile of the site
3 SBMH zone less than 0.5 mile from the site
0 SBMH zone on the site'
Migratory Birds
5 No migratory bird nests within 2 miles of the site
3 Bald or golden eagle nests within 2 miles of the site
1 Bald or golden eagle nests or nests of other migratory birds within 0.25 miles of the site
0 Bald or golden eagle nests or nests of other migratory birds on the site'
'This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations.
Deschutes County 553-2509-009
Site Selection Criteria 24 June 3, 2022
TECHNICAL •'' •
At the focused level, the SBMH and migratory birds criterion evaluates the habitat characteristics and potential
for impacts and mitigation, as follows:
Scoring Criteria Categories
SMBH
5
No SBMH zone within 3 miles of the site
4
No SBMH zone within 0.25 mile to 3 miles of the site
3
Site is within 0.25 mile of a SBMH zone, but there are no apparent impacts
2
Impacts to SBMH zone will occur but can be mitigated on site
1
Impacts to SBMH zone will occur but can be mitigated off site
0
Impacts to SBMH zone will occur and cannot be mitigated'
Migratory Birds
5 No migratory bird nests within 2 miles of the site
4 Nesting migratory birds within 2 miles of the site, but there are no apparent impacts
3 Nesting migratory birds within 2 miles of the site, and there may be indirect impacts that can be mitigated
1 Nesting migratory birds on site and direct impacts may occur, but can be mitigated
0 Impacts to migratory birds will result in take that cannot be mitigated'
'This is exclusionary if the owner or operator cannot demonstrate compliance with the regulations.
Data sources used to assess this resource include the Deschutes County Comprehensive Plan Resource Element
inventory data and site -specific data gathered from various sources, including the County's SBMH zone GIS data,
provisions of DCC 18.90, Portland State University's ORBIC dataset, ODFW's inventory records of sensitive species,
and USFWS' recent inventory for bald and golden eagles in Deschutes County.
Deschutes County 553-2509-009
Site Selection Criteria 25 June 3, 2022
TECHNICAL •' •
Land Use
Land use criteria evaluate the potential impacts to activities on or near a landfill site and conformity with the
zoning designation. Many landfill impacts could be addressed by site design and other mitigation methods.
Proximity to Airports
Regulatory Requirements/Policies
According to OAR 340-094-0040 10(b), "No permittee of a landfill disposing of putrescible wastes that may attract
birds and which is located within 10,000 feet (3,048 meters) of any airport runway used by turbojet aircraft or
within 5,000 feet (1,524 meters) of any airport used by only piston -type aircraft shall allow the operation of the
landfill to increase the likelihood of bird/aircraft collisions." These rules have been further refined by the Federal
Aviation Administration Advisory Circular (Section 4.2.1.2) from February 21, 2020, defining the distance from the
end of an airport runway, which is how it will be applied.
Description of Criterion and Criteria Scoring Categories
Deschutes County lands located at least 5 miles from any airport runway would be more desirable sites, as they
would pose a negligible risk of bird/aircraft collisions. Lands less desirable for this criterion are those located
between 10,000 feet and 5 miles from an airport and to a lesser degree 5,000 to 10,000 feet from an airport used
by only piston -type aircraft. Any potential site within 5,000 feet of any airport will would increase the likelihood of
bird/aircraft collisions to an unacceptable degree and would be a fatal flaw.
Scoring Criteria Categories
5 Site where property line is located at least five miles from the property line of any airports
Site where property line is located at least 10,000 feet from the property line of any airports
Site where property line is located 5,000-10,000 feet from the property line of an airport used by only piston -type aircraft
Lands within 5,000 feet of any airport
Data Sources
Deschutes County GIS data will be used to determine proximity of potential sites to airports.
Site Zoning
Regulatory Requirements/Policies
Site zoning considers compatibility of the site with the Deschutes County zoning ordinance (DCZO). Landfills are
allowed to be located as a conditional use on non -high value farmland zoned Exclusive Farm Use (EFU;
DCZO 18.16.031) or on land zoned Forest Use (F-2; DCZO 18.40,030). Sites located in any other zones will need to
be rezoned to EFU and then permitted through the "conditional use" process. The zone change process is
anticipated to be difficult and time consuming. Sites zoned Surface Mining (SM; DCZO 18.52) are functionally well
suited to landfill disposal sites, so although locating a landfill on a site zoned SM would require a zone change and
conditional use review, the criterion recognizes the beneficial co -use and/or reuse of a mining site by scoring SM
sites higher than other zones that would require a zone change but lower than non -high value farmland EFU or
F-2 sites. Related to zoning are state designated protection areas and specifically the Metolius Area of Critical
State Concern (ACSC) (ORS 197.416).
Deschutes County 553-2509-009
Site Selection Criteria 26 June 3, 2022
TECHNICAL•' ` •
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Description of Criterion and Criteria Scoring Categories
Deschutes County lands zoned EFU (non -high value farmland only) or F-2 would be more desirable sites. Lands
zoned SM are less desirable based on required entitlements process. Lands zoned in all other zones are not
desirable and are given the lowest, non -fatal flaw, rating. Due to the prohibition on large development projects in
the Metolius ACSC, this area would be characterized as a fatal flaw.
Scoring Criteria Categories
5 Lands zoned EFU (non -high value farmland only) or F-2
3 Lands zoned SM
1 Lands in all other zones
p Lands in Metolius ACSC
Data Sources
Deschutes County GIS-based zoning maps will be used to determine current zoning for potential sites.
Adjacent Land Use Impacts
Regulatory Requirements/Policies
No state or federal siting requirements limit the development of a landfill next to a certain type of land use
beyond the local zoning ordinance. Landfill siting must consider the local County limits as well as overall existing
land use adjacent to a proposed site or in a position to view the proposed site. Because some types of land uses
are more sensitive to landfill development and operation, these types of considerations are critical.
Deschutes County includes proximity standards for conditional use approval of a new landfill disposal site in
DCZO 18.128.120. New landfill sites must be located at least 0.25 mile from any existing residential dwelling or
public road (except the access road). This screening process considers that a distance of at least 1 mile to the
nearest residential dwelling is preferrable. Anticipated impacts to adjacent land uses include nuisances such as
additional dust, noise, and odors related to landfill operations. These are expected to impact property values
differently depending on the use.
In addition, though not required by regulation, the criteria consider the following adjacent land uses as more
compatible with a landfill: rural, agriculture, forest, mining, and institutional. The following adjacent land uses are
considered less compatible with a landfill: residential, school, retail, hotel, park, and recreational. Agricultural
zoning which allows higher residential density would be considered "residential" and therefore less compatible.
The criteria consider existing and planned future adjacent land uses.
Description of Criteria and Criteria Scoring Categories
The Adjacent Land Use Impacts has four criteria, which are each scored separately per the table below:
• Existing Adjacent Use
• Planned Adjacent Use
• Distance to Nearest Residence
• Distance to Nearest Public Road
Deschutes County
553-2509-009
Site Selection Criteria 27 June 3, 2022
MEMORANDUMTECHNICAL •
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Scoring Criteria Categories
Existing Adjacent Use
5 Rural, agriculture, forest, mining, institutional, or similar
1 Residential, school, retail, hotel, park, recreational, or similar
Planned Adjacent Use
5 Rural, agriculture, forest, mining, institutional, or similar
1 Residential, school, retail, hotel, park, recreational, or similar
Distance to Nearest Residence
5 Greater than 1 mile from edge of landfill footprint to nearest residential dwelling
3 Greater than 0.25 mile from edge of landfill footprint to nearest residential dwelling
1/0 Less than 0.25 mile from edge of landfill footprint to nearest residential dwelling
(broad/focused screening scores)
Distance to Nearest Public Road
5 Landfill footprint greater than 0.25 mile
1 Landfill footprint less than 0.25 mile
Deschutes County GIS, supplemented by field visits as needed, will be used to evaluate existing and planned land
uses and distances to residences and roads.
Site Visibility/Aesthetic Impacts
This criterion evaluates visual and aesthetic impacts of potential landfill sites by rating each site's remoteness and
visibility from adjacent property and roads.
Deschutes County protects scenic views inventoried in Comprehensive Plan Goal 5 Inventory Section 5.5, Open
Spaces, Scenic Views and Sites, through the Landscape Management Combining Zone DCZC 18.84 (primarily
located along roadways and wild and scenic rivers), and through the Open Space and Conservation zone
(DCZC 18.48). No siting criteria are based on these regulations because the County has indicated that these
regulations would not provide distinction useful in evaluating potential landfill sites. Visual impacts are instead
evaluated through an evaluation of visibility and remoteness.
Description of Criteria and Criteria Scoring Categories
Site Visibility/Aesthetic Impacts has three criteria, which are each scored separately per the table below:
• Visibility Based on Topography and/or Vegetation
• Remoteness
Deschutes County 553-2509-009
Site Selection Criteria 28 June 3, 2022
MEMORANDUMTECHNICAL •
�, ,r L 'y YP =C"5:i Pr;l.xx r :`a 7 r. / g .J c ✓ ,l ) ( t 2i � ��� kF'�V r�.
Scoring Criteria Categories
Visibility Based on Topography and/or Vegetation
5 Site is not visible to any occupied residence or location accessible to the public within 5 miles of the site
3 Site is not visible to any occupied residence or location accessible to the public within 1 mile of the site
1 Site is visible to an occupied residence or location accessible to the public within 1 mile of the site
Remoteness
5 Site is over 1 mile from any occupied or active development of any kind
3 Site is between 0.5 and 1 mile of an occupied or active development of any kind
1 Site is less than 0.5 mile from any occupied or active development of any kind
Data Sources
GIS contour maps from USGS, DOGAMI lidar mapping, aerial photographs, and site visits will be used to evaluate
visibility due to terrain and vegetation.
Transportation System Needs/Opportunity
Regulatory Requirements/Policies
There are no specific regulatory requirements related to this criterion.
Description of Criterion and Criteria Scoring Categories
The transportation system needs/opportunity criterion provides a qualitative measure of transportation system
constraints and opportunities that could exist along possible Haul Routes to or from transfer stations and possible
landfill sites. Specifically, this criterion will identify locations of known congestion (e.g., an identified need within
an adopted transportation system plan that would impact a haul route) or opportunity (e.g., funded projects
within adopted Capital Improvement Programs [CIPs] that would benefit a haul route). Landfill locations that
provide the most synergy opportunities with funded transportation infrastructure project are the most desirable.
Rating a site will be based on the net number of needs (-) and opportunities (+) identified for routes between the
transfer stations and landfill site.
Scoring Criteria Categories
5 A rating equal to or greater than +1 (opportunities outnumber needs by 1 or more)
3 A rating of 0 (opportunities equal needs)
A rating equal to or less than -1 (needs outnumber opportunities by 1 or more)
Data Sources
Adopted local agency Transportation System Plan and CIPs.
Haul Route Impacts
Regulatory Requirements/Policies
There are no specific regulatory requirements related to this criterion.
Deschutes County 553-2509-009
Site Selection Criteria 29 June 3, 2022
TECHNICAL •' •
Description of Criterion and Criteria Scoring Categories
The haul route impacts criterion provides a measure for comparing sites in terms of the greatest number of
residents who would be affected along the access route by haul traffic. The purpose of this criterion is to provide,
at a general site -specific level, a measure of nuisance impacts to residents from haul traffic (e.g., noise, odor,
traffic, and degradation of aesthetics). This criterion examines the number of total housing units directly adjacent
to and accessing the haul route between the site and an existing designated state route or county arterial. Landfill
locations and the associated haul routes that affect the fewest homes are the most desirable.
Scoring Criteria Categories
5 Less than 5 housing units impacted
4 Between 6 and 10 housing units impacted
3 Between 11 and 15 housing units impacted
2 Between 16 and 20 housing units impacted
1 Greater than 21 housing units impacted
Data Sources
Deschutes County GIS data and aerial imagery will be analyzed in GIS to quantify housing units along haul routes.
On -Site Land Use Impacts
On -site land use impacts consider displacement of existing uses and/or impacts to cultural or historic resources
on the site.
Displacement
The ideal landfill site would be undeveloped and vacant or previously developed but ready for a new use and
would not require displacement of a current economic activity.
Regulatory Requirements/Policies
There are no regulatory requirements related to landfill siting and specific use displacement.
Description of Criteria and Criteria Scoring Categories
Undeveloped sites or sites previously developed but ready for a new use are preferred, followed by sites with
minimal, resource -related uses. Displacement of residential uses is least preferred.
Scoring Criteria Categories
Current Land Use
5 Undeveloped and vacant or surface mining in partial use or former use
4 Surface mining in active use
3 Natural resource or non -high value farming use
2 Commercial, industrial, or institutional use
1 Current residential use on site
Deschutes County 553-2509-009
Site Selection Criteria 30 June 3, 2022
MEMORANDUMTECHNICAL
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Data Sources
Deschutes County GIS for land use. Site visits and interviews for use details.
Cultural and Historic Resources
Preferred landfill sites would not require displacement or disturbance of any cultural resources. Cultural
resources can be divided into three categories: archaeological sites, above ground, historic structures, and Other
Properties of Tribal Importance. These cultural resource categories are not mutually exclusive and are managed
somewhat differently. Archaeological sites are the physical remains of past human activity and have three
subcategories consisting of precontact sites, historic -era sites, or multicomponent sites (which have both
precontact and historic materials). Above ground, historic structures are mostly buildings but can include facilities
(e.g., bridges, irrigation systems, roads). Other Properties of Tribal Importance are locations of tribal concern or
interest. These locations, often referred to as Traditional Cultural Places (TCPs), may not have artifacts and can
include mountains, valleys, rock formations, or plant patches, for example. The Confederated Tribes of the Warm
Springs will be consulted with regarding TCPs and data resources to use in applying these criteria.
Deschutes County Comprehensive Plan includes an inventory of significant cultural and historic resources in
Comprehensive Plan Goal 5 Inventory Section 5.5, Cultural and Historic Resources. Comprehensive Plan
Policy 2.11.2 encourages coordination with the Oregon State Historic Preservation Office, and Policy 2.11.3
encourages the preservation of lands with significant historic or cultural resources, including those on the National
Register of Historic Places (NRHP). If federal funding or permits are involved for the development of the new landfill,
the project would also need to comply with the National Historic Preservation Act of 1968. Deschutes County Code
Chapter 2.28 guides the management and preservation of listed historic and archaeological resources.
x
Scoring criteria focus on known cultural resources and the potential for buried archaeological sites. For known
cultural resources, the order of preference is based principally on the category of cultural resources present
because each category presents a different mitigation risk. For example, it is usually much more complex to
mitigate a Property of Tribal Importance than a standing structure. Sites with no potential to impact cultural
resources are preferred. This is followed in descending order of preference: sites that have standing structures,
sites that have archaeological sites, and sites with the potential to impact Other Properties of Tribal Importance.
The potential for buried archaeological sites is scored separately and is based on an assessment of the likelihood
that a site may be found in a particular place on the landscape While the other categories of cultural resources
can usually be identified by research, a field visit, or tribal consultation, identifying buried archaeological sites
requires more intensive field investigation and can be time consuming. The level of effort necessary for
identifying buried archaeological sites is tied to the assessed potential for buried materials to be present at
different places on the landscape.
Scoring Criteria Categories
Known Cultural Resources Categories within Site or within 500 feet of Site
5 No known cultural resources
4 Above ground/ standing structures within site
2
Archaeological sites
Other Properties of Tribal Importance
Deschutes County 553-2509-009
Site Selection Criteria 31 June 3, 2022
MEMORANDUMTECHNICAL •
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Scoring Criteria Categories
Potential for Buried Archaeological Sites within Site or within 500 feet of Site
5 The site and the surrounding 500 feet contain only areas with low probability to
encounter buried archaeological sites
3 The site contains low probability, but the surrounding 500 feet contain areas
with moderate probability to encounter buried archaeological sites
1 The site and the surrounding 500 feet contain areas with moderate or high
probability to encounter buried archaeological sites
At the broad level, the principal data source to identify known cultural resources will be information from the
State Historic Preservation Office. The County list in Section 5.5 may also be useful. During focused evaluations,
the conceptual site plan, local environmental conditions, and previous cultural resources work will be used to
refine the potential for cultural resources and an area's low, moderate, and high potential for buried
archaeological sites.
Deschutes County
553-2509-009
Site Selection Criteria 32 June 3, 2022
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TO: Deschutes County Board of Commissioners
FROM: John McLeod (Mt. Bachelor Ski Resort)
CC: Andrew Haden (Wisewood Energy), Meagan Hartman (Wisewood Energy)
DArF: June 13, 2022
Rl : Request that County applies to ODOE grant to support Mt. Bachelor biomass district heating project
Mt. Bachelor Ski Resort is pursuing the development of a biomass district heating system that will provide thermal energy
to West Village facilities using waste woody material generated from forest restoration activities in the Deschutes National
Forest and surrounding landscape. In December 2021 the Deschutes County Board of Commissioners approved $1,000,000
in Transient Room Tax (TRT) funds for the purpose of funding a portion of the costs to construct the biomass system, and in
May 2022 the US Forest Service announced that it would award Mt. Bachelor $1,500,000 to support project construciton.
These generous funds bring the project two-thirds of the way to reaching Mt. Bachelor funding goals, which will unlock
Powdr's ability to invest in the remaining cost of implementation.
The Oregon Department of Energy (ODOE) has announced a new Community Renewable Energy Grant Program (CREP)
with a maximum award of $1,000,000 for construction projects, which will help to fill the gap for implementation of the
Mt. Bachelor project. Because the ODOE CREP requires applicants to be public entities, Mt. Bachelor is asking the County
to apply to the grant program on behalf of the project. Details of the grant requirements and proposed roles are described
below.
GRANT SUMMARY
• Objectives of the grant are to support offsetting the cost of planning and developing community renewable energy
projects; make community renewable energy projects economically feasible for qualifying communities; promote
small-scale renewable energy projects; and provide direct benefits to communities across this state in the form of
increased community energy resilience, local jobs, economic development, or direct energy cost savings to families
and small businesses.
• Eligible applicants include: one of Oregon's federally recognized Native American Tribes, a public body, or a
consumer -owned utility.
• The Mt. Bachelor biomass district energy project is eligible under category 22-004: grant dollars to support
developing a community renewable energy project that does not qualify as a community energy resilience project.
• Benefits of the Mt. Bachelor project as they pertain to the CREP grant include:
o Support local economic development: Tourism is a major economic activity in Deschutes County, especially
outdoor recreation. Not only is Mt. Bachelor a major driver of the tourism industry, but the biomass
project will support forest restoration activities that improve the health of the broader landscape
enjoyed in other recreational activities.
Page 1 of 2
o Support energy resilience in the County: While switching from propane to locally -available wood is a
direct improvement in energy resilience for Mt. Bachelor, it will also set an example for other future
renewable energy projects in Deschutes County. This is particularly relevant as the City of Bend explores
options to get to 100% renewable energy.
• The grant ask will be for $1,000,000, which is less than 50% of the total project cost per grant requirements.
• Grant deadline is July 8, 2022.
PROPSED RESPONSIBILITIES
Deschutes County will submit grant materials as the applicant, and will execute a performance agreement with
ODOE. The applicant will be able to distribute the funding as is necessary for the project; however, the applicant
remains responsible for ensuring the terms and conditions of the performance agreement are complied with.
o After verified completion of construction, reports will be required annually for the first five years of the
project's operation. These annual reports will include information on jobs provided by the project,
quantity of energy produced monthly and annually, and other information outlined in the Performance
Agreement.
■ Of the $1,000,000 grant an amount of $20,000 is to be allocated to cover the County's
administrative costs for the grant management.
Mt. Bachelor and Wisewood will be responsible for providing information needed in performance agreements.
Mt. Bachelor and Wisewood will be responsible for drafting and compiling all materials needed for grant
submission.
ADDITIONAL RESOURCES
• Grant Website is here.
• See Opportunity Announcement for 22-004 attached.
• See Flyer for Construction Projects attached.
• Contact Matt Reilly (Mt. Bachelor) or Meagan Hartman (Wisewood) for more information:
mreilly@mtbachelor.com, meagan@wisewoodenergy.com.
Page 2 of 2
Community
Renewable Energy
Grant Program
OREGON
DEPARTMENT OF
ENERGY
Oregon Department of Energy
550 Capitol St. NE, 1st Floor
Salem, OR 97301
Grant funds may be used for constructing community energy
projects, up to 20 megawatts in size, including:
• Renewable energy generation systems such as solar PV or wind
turbines.
• Energy storage systems such as batteries paired with a new or
existing renewable energy generation system.
• Vehicle charging stations paired with a new or existing
renewable energy generation system.
• Microgrid technologies paired with a new or existing
renewable energy generation system.
Email: community. _rants@eneroregon 9ov Phone: 503-378-4040
Opportunity Announcement for the
Community Renewable Energy Grant Program
Opportunity Announcement No. 22-004 for:
Grant dollars to support developing a community renewable energy project that does not
qualify as a community energy resilience project.
Contact
Address: Oregon Department of Energy
550 Capitol St NE, 15t Floor
Salem, OR 97301
Email: community.grants2energy.oregon.gov
Schedule
Event
Date
Opportunity Announcement Published
March 7, 2022
Opening of Opportunity Period
March 7, 2022
Questions Due
June 17, 2022
Final Questions and Answers Posted
June 24, 2022
Closing of Opportunity Period & Applications Due
July 8, 2022
Eligibility and Completeness Review (approximate)
July 29, 2022
Competitive Review (approximate)
September 9, 2022
Award Notification (approximate)
September 23, 2022
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022)
Contents
Section 1: Purpose and General Information..................................................................................3
1.1 Introduction....................................................................................................................................3
1.2 Objectives.......................................................................................................................................
3
1.3 Grant availability...........................................................................................................................3
1.4 Eligibility............................................................................................................................................3
Section 2: Application Requirements & Process.............................................................................4
2.1 Submission of Applications.........................................................................................................4
2.2 Other Incentives or Grants.........................................................................................................8
2.3 Questions.........................................................................................................................................
8
Section3: Review Process.....................................................................................................................
9
3.1 Overview of Review Process......................................................................................................9
3.2 Eligibility and Completeness Review.......................................................................................9
3.3 Competitive Review.....................................................................................................................9
3.4 Offer of Performance Agreement.........................................................................................11
Section 4: Grant Process and Payment..........................................................................................11
4.1 Reporting.......................................................................................................................................11
4.2 Amendments................................................................................................................................12
4.3 Disbursing Grant Award............................................................................................................12
4.4 Inspection & Audit......................................................................................................................12
Section5: Additional Information......................................................................................................13
5.1 Public Information, Confidentiality.........................................................................................13
5.2 Reservation of Department Rights.........................................................................................13
5.3 No Obligation...............................................................................................................................13
5.4 Sunset Information......................................................................................................................13
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 2
Section 1: Purpose and General Information
1.1 Introduction
The purpose of this Community Renewable Energy Grant Program opportunity announcement
is to create an application, competitive review, and grant award process that follows the
requirements of the legislation and rules under which the Community Renewable Energy Grant
Program is administered to determine which projects will receive grant funding.
1.2 Objectives
The Community Renewable Energy Grant Program provides grants to:
• Support offsetting the cost of planning and developing community renewable energy
projects;
• Make community renewable energy projects economically feasible for qualifying
communities;
• Promote small-scale renewable energy projects; and
• Provide direct benefits to communities across this state in the form of increased
community energy resilience, local jobs, economic development, or direct energy cost
savings to families and small businesses.
This opportunity announcement aims to support developing a community renewable energy
project that does not qualify as a community energy resilience project.
1.3 Grant availability
The Department has $12,000,000 in grant funds available for four open Community Renewable
Energy Grant Program opportunity announcements. A minimum of 50 percent of these funds
are reserved for projects that qualify as a community energy resilience project, and a minimum
of 50 percent is reserved for community renewable energy projects that primarily serve a
qualifying community.
The maximum grant available for developing a community renewable energy project, whether
it qualifies as a community energy resilience project or not, is $1,000,000. If the grant is not for
a community energy resilience project, the grant may be used to cover up to 50 percent of the
project costs.
1.4 Eligibility
An applicant must be one of Oregon's federally recognized Native American Tribes, a public
body, or a consumer -owned utility. See ORS 174.109 for a definition of public body. An
applicant may partner with a federally recognized Native American Tribe, public body, nonprofit
entity, private business with a business site in Oregon, or owner of rental property in Oregon.
Eligible community renewable energy projects must utilize one or more renewable energy
systems. Eligible renewable energy system technologies include:
• Energy generation:
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022)
o Biomass
o Solar
o Geothermal
o Hydroelectric
o Wind
o Landfill gas
o Biogas
o Wave
o Tidal
o Ocean thermal energy technology
• Energy storage
• Microgrid technologies
• Electric vehicle charging
A new energy storage system, microgrid technology, or electric vehicle charging station must be
paired with an existing or newly -constructed renewable energy generation system listed above.
Other eligibility requirements for a grant to develop a community renewable energy project
include:
• The project must be located in, and benefit, a community in Oregon and must not be
located in a city with a population of 500,000 or more.
• The project must provide a direct benefit to a community in the form of increased
community energy resilience, local jobs, economic development, or direct energy costs
savings to families and small businesses.
• The project must not exceed 20MW of nameplate capacity, if the project is for
generating renewable energy.
• The project must operate for at least five years.
• The applicant must meet all the application requirements detailed in Section 2 of this
opportunity announcement.
Costs eligible to be covered by a Community Renewable Energy Grant project development
grant are detailed in OAR 330-250-0100.
Section 2: Application Requirements & Process
2.1 Submission of Applications
Applications must be submitted through the Department's online application portal with all the
requested information. Access to the application portal, and associated materials are available
on the Oregon Department of Enemy website.
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Opportunity Announcement 22-004 (March 2022) 4
Applications that are submitted improperly or are incomplete may be rejected. The Department
must receive applications no later than the due date on the cover of this opportunity
announcement.
On the application form, the applicant must list a person as the point of contact for the
application. The Department will contact this designated responsible party with technical
questions; it is the job of the designated point of contact to coordinate and submit responses to
the Department.
A complete planning grant application includes, at a minimum:
(1) An application form with all required information completed.
(2) Applicant eligibility information and contact details.
(3) Information about any partner organizations and their roles, including:
(a) For any partner that is a private business, documentation that the partner has a
business site located in Oregon.
(b) For any partner that is an owner of rental property, documentation that the
partner owns rental property located in Oregon.
(4) The following supplemental documents:
(a) Written authorization from the applicant's governing body allowing submission
of the application.
(b) For any partner that is a public body, written authorization from the partner's
governing body allowing submission of the application.
(c) Evidence the application has been drafted in consultation with regional
stakeholders for the purpose of ensuring feasibility. This must include a
description of the applicant's consultation with regional stakeholders and
community groups, and any additional community engagement process as part
of developing the project development grant application.
(d) Evidence the application has been drafted in consultation with electric utilities
that have customers in the communities covered by the community renewable
energy project, for the purpose of ensuring feasibility. This may include a high-
level assessment of the impacts of the proposed project on existing utility
infrastructure and the estimated costs for interconnection of the proposed
project. Evidence may include:
(A) A letter confirming consultation from the electric utility serving the
communities covered by a community renewable energy project.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022)
(B) Utility interconnection application or interconnection agreement.
(e) A statement of how the applicant will comply with applicable state and local laws
and regulations, and that states the applicant will notify the appropriate
agencies and obtain the required licenses and permits.
(5) A description of the project including:
(a) Clear overall project description that includes the project design, the equipment
proposed to be used in the project, any engineering studies or calculations
already done, status of the utility consultation, and planning already done.
(b) A description of the project location including details of its location in Oregon
and not in a city with a population of 500,000 or more. An assessment of the
suitability of the site, and the degree to which the applicant has secured site
control.
(c) If the project is for generating renewable energy, include information on:
(A) The equipment technical specifications, including manufacturer's
information and warranties for the selected technology and all other major
project equipment, including information that demonstrates the system will
operate for at least five years.
(B) The nameplate capacity (KW).
(C) The projected amount of net energy the project will generate, in KWh per
year.
(D) A renewable resource assessment demonstrating adequate renewable
resource availability for the proposed system operations. The resource
assessment must describe the type of resource available, explain how the
applicant evaluated and estimated the resource availability, and how the
system will ensure access to the resource.
(d) If the project is for energy storage, include information on:
(A) The equipment technical specifications, including manufacturer's
information and warranties for the selected technology and all other major
project equipment, include information that demonstrates the system will
operate for at least five years.
(B) Nameplate power capacity in KW.
(C) The projected amount of net energy the project will supply, in KWh per year.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 6
(D) Proposed operational use cases for the energy storage project, including
emergency backup power, providing grid services, demand reduction,
arbitrage, or any other planned uses.
(e) If the community renewable energy project will add capacity to or be paired with an
existing renewable energy system, for example pairing energy storage and/or
microgrid enabling technologies with an existing solar photovoltaic array, the
applicant must include a description of the existing renewable energy system.
(6) A project management plan that contains:
(a) List of project team members, their roles and lines of authority, and experience with
similar projects.
(b) A detailed construction plan and project schedule with major milestones including
the target operational date of the system. The schedule must show construction
beginning within 12 months of execution of the performance agreement and will be
completed within 36 months of execution of the performance agreement.
(c) A description of how the applicant will manage planning, construction, and system
start-up. Include a commissioning plan if developed.
(d) A detailed description of the project operations plan post construction that
demonstrates the project will operate as represented for at least five years, and for
the life of the project. The applicant should show how the project will be operated,
the estimated costs, how maintenance and operations will be adequately funded,
and that there will be sufficient experienced personnel to operate the plant.
(e) Information on the number and types of jobs directly connected to the awarding of
the grant that will be:
(A) Created by the project; and
(B) Sustained throughout construction and operation of the project.
(7) A detailed description of the community benefit and equity considerations, or other
documentation of the extent to which the community renewable energy project would
be located in and/or will serve one or more qualifying communities. This should include
a description of the location, the communities served, and the community benefits. It
could also include, but is not limited to:
(a) A description of qualifying communities involved in project development and
operations, and the extent to which they are represented in project leadership.
(b) A description of any partnerships with qualifying communities.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022)
(c) A description of outreach done to qualifying communities. This could include, but is
not limited to, descriptions of surveys of the local community, attendance or
participation at public meetings, and community ideas and recommendations
incorporated in project plan.
(d) A description of any equity framework used by applicant in developing the project.
(e) A description of the level of direct energy cost savings to families and small
businesses that will result from the project.
(f) A description of the level of economic development that will result from the project.
(8) The grant amount requested and project budget, including:
(a) The anticipated total project cost, which must contain an itemized list of costs
designated as either eligible or non -eligible for the grant. Breakdown of cost should
show equipment and materials, labor, engineering, and other soft costs.
(b) A description of any other incentives that the applicant has been or may be awarded
that are directly related to the renewable energy system in the application.
(c) A description of the applicant's project financing plan that includes potential sources
for funding during construction, and to cover the balance of project costs beyond
the grant amount and other incentives.
(9) If applicable, a description of how the community renewable energy project would
integrate with broader community energy and environmental goals.
The department will not accept amendments to applications during the opportunity period. An
applicant may withdraw an application and submit a replacement application during the
opportunity period.
2.2 Other Incentives or Grants
In the application, an applicant must indicate other incentives that have been or may be
awarded that are directly related to the renewable energy system in the application. The
amount of any potential CREP grant will be reduced if in combination with other incentives the
amount exceeds 100 percent of the project costs.
2.3 Questions
Questions, including requests for explanations of the meaning or interpretation of provisions of
this opportunity announcement, must be submitted via email to
community.grants@energy.oregon.gov and be received by the due date for questions set forth
on the cover of this opportunity announcement. To help ensure questions are answered and
responses are posted appropriately, please identify "CREP question" in your subject line.
Answers to questions submitted will be posted online for access by all applicants.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022)
Section 3: Review Process
3.1 Overview of Review Process
The Department staff will first review all applications on a pass/fail basis to determine if each
application is complete, meaning it includes all the minimum required elements described in
section 2.1 of this opportunity announcement. The Department will evaluate all applications for
completeness. The Department will conduct a competitiveness review of all complete
applications and based on the competitive review results; certain applications may be offered a
performance agreement.
The only information the Department will consider in the review process is that which is
submitted by the applicant through the application process. Attempts to improperly influence
the review process by submitting additional information or contacting the agency review team
with additional information will result in application denial. All comments and questions should
be submitted via email to community.grants energy.oregon.gov.
3.2 Eligibility and Completeness Review
Department staff will first review all applications on a pass/fail basis to determine if each
application is complete, meaning it includes all the minimum required elements described in
section 2.1 of this opportunity announcement. The applicant's failure to comply with the
instructions or failure to submit a complete application may result in the application being
found incomplete and rejected. Only those applications that meet the minimum requirements
will be considered for further review. If the applicant is relying on information in attachments,
the information in the attachments should be readily identifiable with explicit references noted
on the application form.
If the Department finds that the application is complete, the Department will notify the
applicant that the application will move into the competitive review process. The Department
will not process incomplete applications, though the Department may request additional
information from an applicant if necessary to support the competitive review process. The
Department will provide written notification to the applicant of incomplete applications that
their application is not moving to the competitive review. If an application is found to be
incomplete, the applicant may apply in a future opportunity announcement.
3.3 Competitive Review
The requested information detailed in Section 2.1 is the minimum required information for an
application to be considered complete. Some of the scoring criteria in Section 3.3 are optional.
Applicants that demonstrate they meet these criteria may score higher during the competitive
review process. The online application portal will provide details on how to submit this
information.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022)
Project Feasibility
Strength of project team: applicant provides a list of significant members, clearly defined
roles, sufficient number of team members, experience of the team on similar projects,
clear ownership and partners.
Strength of project operations plan: applicant details how are they going to maintain and
operate project, how it will be adequately staffed and includes a contingency plan.
Strength of project description: applicant adequately describes the project to be
constructed.
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Strength of financial plan: applicant adequately demonstrates financial ability to complete
and operate the project.
Strength of construction plan and detailed schedule: applicant demonstrates construction
will begin within 12 months of Performance Agreement and will be completed within 36
months. Clear lines of authority and duties outlined in the plan. Adequate description of
project milestones and level of detail in the plan and schedule.
Program Priorities & Project Benefits
Equity:
• Location in Community: Project is located in a qualifying community.
• Communities Served: Project provides direct benefits to one or more qualifying
communities.
• Project Leadership: Applicant demonstrates members of qualifying communities
are involved in the project and represented in project leadership.
• Community Partnerships. Applicant provides a description of the consultations
with regional stakeholders and community groups, and any additional community
engagement process as part of developing the grant application.
• Community Outreach Plan: Applicant includes a community outreach plan that
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describes the participation and engagement by people with low incomes; Black,
Indigenous or People of Color; members of tribal communities; people with
disabilities; youth; people from rural communities; and people from otherwise
disadvantaged communities in the siting, planning, designing, or evaluating of the
proposed project. This could include, but is not limited to, descriptions of surveys
of the local community, attendance or participation at public meetings,
community ideas and recommendations incorporated in project plan.
• An Equity Framework is used by the applicant to guide development, or is
proposed to guide implementation or evaluation, of the project.
Demonstrates significant prior investments in energy efficiency measures at the project
location or will result in aggregate improvements to demand response capabilities.
5
Evidence may include utility or Energy Trust of Oregon project documentation or finance
statements demonstrating investments.
Project constructed in part or in whole by disadvantaged business enterprises, emerging
small businesses, or businesses that are owned by minorities, women, or disabled
5
veterans.
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Opportunity Announcement 22-004 (March 2022) 10
Applicant includes information detailing the extent to which the project includes inclusive
5
hiring and promotion polices.
Project assists applicant in achieving goals included in the applicants' natural hazard
5
mitigation plan as approved by the Federal Emergency Management Agency.
Level of anticipated direct energy cost savings to families and small businesses (amount of
savings predicted relative to the grant request amount, number of families and
5
businesses that see direct savings, diversity and types of families and businesses that see
the direct benefits).
Level of anticipated economic development (beyond job creation, will the construction
project increase average incomes, ensure sustainable economic growth, innovation,
5
workforce development, business retention and expansion, and promotion of an
environment that supports entrepreneurship and small business development).
Level of anticipated local jobs directly created during construction, and directly sustained
5
during operations, in relation to the size of the requested grant amount.
Project Diversity
Geographic Diversity
5
Diversity or technology/resource/project size
Applications will be ranked based on the competitive review scores and recommendations from
competitive review committee. Final recommendations will be determined by the department.
Applicants that are recommended for awards may be offered a Performance Agreement.
The Department will notify applicants of the competitive review outcome in writing. Projects
not selected may be eligible to apply again during a future opportunity announcement.
3.4 Offer of Performance Agreement
Following the competitive review, successful applications may be offered a performance
agreement. The grant amount offered may be less than requested. The Department will
communicate to the applicant the conditions surrounding the offer of a performance
agreement. Applicants will have 30 calendar days to respond in writing to the offer, after which
the Department may revoke the offer.
The performance agreement will include the terms provided in OAR 330-250-0130, and may
include additional terms, such as reporting frequency. In accordance with OAR 330-250-0130
(4), failure to agree to the terms of a performance agreement may result in the Department
rejecting the grant application.
Section 4: Grant Process and Payment
4.1 Reporting
Once a Performance Agreement is executed, successful applicants will be required to submit
project progress reports as specified in the performance agreement.
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Opportunity Announcement 22-004 (March 2022) 11
After verified completion of construction, reports will be required annually for the first five
years of the project's operation. These annual reports will include information on jobs provided
by the project, quantity of energy produced monthly and annually, and other information
outlined in the Performance Agreement.
4.2 Amendments
Performance agreements may be amended only as provided under OAR 330-250-0140. The
grantee must submit a written amendment request to the director to amend a performance
agreement. Prior to approval of an amendment, the grantee must demonstrate that the project
with the proposed change will continue to meet the requirements in statute, rule, and the
opportunity announcement, as well as continuing to be technically feasible, and operating
essentially as originally proposed. The grantee has the responsibility to provide complete
technical documentation that will support a case for the proposed amendment. The
Department may deny amendments submitted without such justification and documentation.
The Department will evaluate amendments to determine if the change would have affected the
outcome of the competitive review, which may result in pro -rating the award amount or denial
of the amendment request. Amendment request will not result in an increased award amount,
even if the output of the project or the project costs increase.
4.3 Disbursing Grant Award
Once a Performance Agreement is executed, up to 30 percent of the grant funds may be
released if the applicant demonstrates:
■ They have taken meaningful steps to seek site control, including but not limited to an
option to lease or purchase the site or an executed letter of intent or exclusivity
agreement to negotiate an option to lease or purchase the site; and
■ Filed a request for interconnection with a host utility or appropriate transmission
provider; and
■ Met any other requirements provided by the Department in the performance
agreement.
The remaining grant funds will be released upon verification of the completion of the project
and submission of the final report and other required materials from the Performance
Agreement. The final distribution amount may be reduced based on the CPA verification letter
required in the final report as specified in the Performance Agreement. Grant amounts cannot
exceed the cost of the project less other incentives.
4.4 Inspection & Audit
The Department reserves the right to conduct a physical inspection of all projects and to audit
all documentation relating to a project for which a grantee and the Department have entered
into a performance agreement.
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Opportunity Announcement 22-004 (March 2022) 12
Section 5: Additional Information
5.1 Public Information, Confidentiality
The State of Oregon's Public Records Law (ORS 192.311 through 192.478) applies to filings and
applications submitted to the Department. The law states every person has a right to inspect
any public record of a public body, subject to certain exceptions. Applications are public
records, and the Department may be required by law to disclose information in the application
to the public on request. An applicant may request confidentiality of certain information in its
application by marking the information confidential. Marking information does not guarantee
that it will be kept confidential, however, and the Department will make any decisions
regarding public disclosure of information contained in this application in accordance with
Oregon Public Records Law.
Grant funding from the state of Oregon may be reported on Oregon Transparency, a state
agency tool available for Oregonians to learn about how state government works, taxes are
used, and more. The data and information on this website are provided to users for general
knowledge and information. It excludes data and information that is confidential, protected, or
private under state and federal laws, and is unaudited.
The Department may publicly announce awarded grantees under this program. The public
announcement may include, but is not limited to: the system owner's name, partner's names,
type of project and/or description, location of project, size of the project, total cost of the
project, and the awarded grant amount.
5.2 Reservation of Department Rights
The Department reserves all rights regarding this opportunity announcement, including,
without limitation, the right to:
1. Amend, delay, or cancel the opportunity announcement without liability if the
Department finds it is in the best interest of the State of Oregon to do so;
2. Not consider any or all applications received upon finding that it is in the best interest of
the State of Oregon to do so;
3. Deem incomplete any application that fails substantially to comply with all prescribed
opportunity announcement procedures and requirements; and
4. Allocate a grant amount less than the amount requested by applicant, at its discretion.
5.3 No Obligation
The Department is not obligated as a result of the submission or acceptance of an application
to award a grant to an applicant.
5.4 Sunset Information
If awarded, a grant applicant's performance agreement will outline the timeframe required to
receive the grant award. In general, CREP development grant performance agreements provide
12 months from the date of the agreement for the applicant to begin construction and 36
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 13
months for the project to be completed. Extensions to the final completion period may, at the
Department's discretion, may be granted for a reasonable time frame if good cause to extend
the deadline is demonstrated.
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Opportunity Announcement 22-004 (March 2022) 14