HomeMy WebLinkAboutZone Change Matrix Millican{06829091-00495779;1}
4-R EQUIPMENT, LLC / PLAN AMENDMENT AND ZONE CHANGE MATRIX
PA-04-8 / ZC-04-8 (LUBA No. 2010-082 on REMAND)
The Oregon Land Use Board of Appeals (LUBA) has directed Deschutes County to: (1) either analyze an expanded impact area that includes the “Flat Pasture” or to identify substantial evidence in the record that supports its
decision to limit the impact area to one-half mile from the proposed mine, and (2) to evaluate any conflicts with the agricultural operations of property owned by Petitioner within the impact area.
Issue Board Options Information in Record Staff Comment
1.
Should the impact analysis area be limited to
one-half mile from the proposed mine or
expanded to include sage grouse leks outside
of the one-half mile analysis area?
a. The Board previously decided not to
expand the analysis area to include
distant sage grouse leks. LUBA
affirmed this finding. The issue is no
long available for review.
1. The nearest lek is approximately 1.19 miles from the proposed mine
This finding is only included to show
that the sage grouse issue has
previously been addressed, and is not
a part of this proceeding.
2.
Should the impact analysis area be limited to
one-half mile from the proposed mine or
expanded to include the entire “Flat Pasture”
because of a potential conflicts with
agricultural operations occurring on the Flat
Pasture?
a. The Board can find that evidence exists
in the Record to support using the
standard one-half mile impact analysis
area.
b. The Board can find the evidence in the
Record supports expanding the impact
analysis area to include the entire “Flat
Pasture”
1. The Flat Pasture is 5,010 acres or 7.3 square miles; it is separated from the proposed mine by
a 200 ft. setback and a paved road; grazing is permitted from November 1 to December 15.
2. Prior argument from Keith and Janet Nash (former holders of Flat Pasture grazing allotment):
mining will cause sage grouse to relocate to active grazing areas, which will cause BLM to
curtail grazing rights outside of half-mile; noises from mining will disturb cattle
3. Roger Borine letter: mining noises not louder than other noises in the area (gunshots) and
dissipate to near ambient noise levels at 1,500 ft.; generally no affects on cattle at likely
distances as grazing primarily occurs in southwest portion of the Flat Pasture (not near the
mine) because that is where water is available and use of hay is permitted; if sage grouse
were to migrate it would likely not be to southwest corner of Flat Pasture
4. Stephen Roth letter: has not found a conflict with past experiences raising cattle in proximity
to mining operations; current holder of the Flat Pasture grazing allotment.
5. BLM letter: takes no position on the Borine letter or whether the mine would lead to a
curtailment of grazing rights.
6. LUBA remand opinion said that Nash argument is based on “several levels of speculative
causation” but required County to address the argument.
Staff believes that the one-half mile
impact analysis area was and is
sufficient to determine any potential
conflicts with agricultural operations
on the Flat Pasture.
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Issue Board Options Information in Record Staff Comment
3.
Does the evidence in the Record support the
Board finding that the proposed Zone Change
will not have any negative impacts on
agricultural operations within one-half mile?
a. The Board can find that evidence exists
in the Record that no negative impacts
will occur on agricultural operations
within one half mile of the proposed
mine.
b. The Board can find the evidence in the
Record reveals a conflict with
agricultural operations within one-half
mile of the proposed mine.
a. If a conflict is found, County
must identify “reasonable and
practicable” measures to
mitigate conflict.
1. Prior argument from Keith and Janet Nash (former holders of Flat Pasture grazing allotment):
mining will cause sage grouse to relocate to active grazing areas within one-half mile of
proposed mine, which will cause BLM to curtail grazing rights inside of half-mile; noises from
mining will disturb cattle within one-half mile
2. Roger Borine letter: same arguments as issue #2 above; generally no affects on cattle at
likely distances; noise levels will decrease over time as blasting will occur at lower depths;
prior reductions in grazing rights were self imposed by the Nashs; sage grouse would not
likely migrate to southwest portion of Flat Pasture (where cattle are most likely to be)
therefore BLM not likely to curtail grazing rights.
3. Stephen Roth letter: has not found a conflict with past experiences raising cattle in proximity
to mining operations; has an agreement to graze cattle on buffer land owned by Applicant;
current holder of Flat Pasture grazing allotment.
4. BLM letter that takes no position on the Borine letter or whether the mine would lead to a
curtailment of grazing rights.
5. LUBA indicated that finding a conflict with agricultural practices based on potential sage
grouse impacts “relies on several levels of speculative causation.” (LUBA No. 2010-082, p.11)
4.
Should there be further conditions regarding
timing of operations?
a. Board can find existing
conditions are sufficient.
b. Board can find conflicts with
agricultural operations require
further conditions.
1. Board established 20 conditions of approval including:
a. Limits on blasting in severe winter weather due to antelope winter range conditions and
when religious or cultural activities occur at Walker property
b. Monitoring of vibrations and prevailing winds
c. Coordination with cattle grazing time periods.
2. Applicant indicates blasting would typically occur in winter months due to availability of workers
and fewer conflicts due to spring/summer/fall activities.
3. Stephen Roth letter states no conflicts in past experiences grazing cattle in close proximity to all
forms of mining operations.
The only limitation listed in the
Board’s last decision on mining was
ceasing of blasting and crushing
during periods of severe winter
weather. The applicant has
indicated that the mining site
would be utilized year round.
