The URL can be used to link to this page

Home My WebLink AboutComp Plan Chapter 2 - Resource MgmtDeschutes County Comprehensive Plan Deschutes County Comprehensive Plan Deschutes County Comprehensive Plan Deschutes County Comprehensive Plan Chapter 2: Resource Management Table of Contents Agricultural Lands…………………………………………………………….. 2-2 Forest Lands ………………………………………………..………………… 2-8 Open Spaces, Areas of Special Concern and Environmental Quality….. 2-11 Fish and Wildlife…………………………..………………………………….. 2-17 Water Resources……………………………………………………… …….. 2-22 Deschutes River Corridor..………………………………………………….. 2-25 Energy………………………………………………………..……………….. 2-41 Surface Mining…………………………………………….………………..… 2-50 Historic and Cultural………………………………………………………..… 2-61 Regional Problem Solving for south Deschutes County…………………. 2-71 Chapter 2: Resource Management – Agricultural Lands _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-2 Draft 5-14-08 Agricultural Agricultural Agricultural Agricultural lands lands lands lands Goal 1. To preserve and maintain agricultural land. Policies 1. All lands meeting the definition of agricultural lands shall be zoned Exclusive Farm Use, unless an exception to State goal 3 is obtained so that the zoning may be Multiple Use Agriculture or Rural Residential. 2. Lands not meeting the agricultural lands definition but having potential for irrigation according to the Bureau of Reclamation Special Report - Deschutes Project, Central Division, Oregon, although presently without water, shall receive exclusive farm use zoning. 3. Public lands meeting the criteria for EFU zoning shall be so zoned unless some other resource (i.e., forest) or public use exists on the land. 4. No more than 25 percent of a given agricultural subzone shall be composed of lands not of the same agricultural type. Any agricultural lands not zoned EFU agriculture shall be identified in the County Exception Statement. Zoning districts shall be at least 40 acres in size. 5. Zones and minimum parcel sizes shall be established to assure the preservation of the existing commercial agricultural enterprise of the area. 6. For purposes of profiling the existing commercial agricultural enterprises of the County, the County shall consider as one land unit all tracts in contiguous ownership (including those parcels separated only by a road) zoned EFU. 7. The County will consider as its pool for profiling the nature of the existing agricultural enterprises of the area those farms that make the highest 90% contribution to the local agricultural economy. 8. In recognition that irrigated acres per farm unit is the key variable identifying commercial agricultural enterprises in the County, the County shall use the median number of irrigated acres per farm unit in the area or subzone as its principal standard for defining what size of tract constitutes a farm parcel. 9. Following from the June 1992 Oregon State University(OSU) Extension Service completion report detailed in the resource element, the County has identified 7 subzones representing distinct groupings of agricultural types. The County's EFU zoning shall reflect those identified subzones, generally described as follows and as more particularly detailed in the Resource Element of the Comprehensive Plan: GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Agricultural Lands ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-3 Exclusive Farm Use Subzones Subzone Name Profile Lower Bridge Irrigated field crops, hay and pasture Sisters/Cloverdale Irrigated alfalfa, hay and pasture, wooded grazing a nd some field crops Terrebonne Irrigated hay and pasture Tumalo/Redmond/Bend Irrigated pasture and some hay Alfalfa Irrigated hay and pasture La Pine Riparian meadows, grazing and meadow hay Horse Ridge East Rangeland grazing Source: Deschutes County Resource Element 10. For the purposes of determining relevant characteristics (i.e., farm use values, multipliers, irrigated acres and assessed farm use values) of commercial farms, the County will rely on those farms and those statistics identified in the completion report prepared by the OSU Extension Service dated June 1992 and set forth in the Resource Element of the Comprehensive Plan. 11. In order to provide some flexibility in the zoning and to assist farmers who may need to sell an isolated unproductive piece of land in order to assure continued operation of the farm, individual isolated partitions (creation of one or two new nonfarm parcels) establishing parcels less than the EFU irrigated minimum lot size in EFU areas shall be permitted. The remaining farm parcel must be at least the irrigated minimum established by the EFU subzone. 12. In order to provide some flexibility in the zoning, while still maintaining the rural character of the area and limiting the costs of providing services to rural residents, the county shall allow non-farm residential divisions on nonirrigated land, in accordance with state law, with a minimum lot size of five acres. 13. So that a farmer who has lived on his land for 10 years or more may retire and sell his property while retaining the use of his existing home, a homestead exception may be permitted which allows the homesteader to retain a life estate lease on the home and some of the surrounding land. The lease will end with the death(s) of the homesteader and spouse. This exception shall not permit the creation of another residence on the property in question. 14. A division of land for non-farm uses, except dwellings, may be approved as long as the parcel for the non-farm use is no larger than the minimum size necessary for the use. The parcel shall be at least one acre in size. 15. Parcel size exceptions may be granted because of survey errors when original section lines were established, so that standard section divisions may be achieved (i.e., 160, 80, 40, 10, etc., acres). Man-made barriers such as roads or canals, over which the applicant has no control, may serve as adequate justification for granting a parcel (lot) size variance. Chapter 2: Resource Management – Agricultural Lands _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-4 Draft 5-14-08 16. Normal agricultural practices (i.e., aerial pesticide applications, machinery dust and noise, etc.) shall not be restricted by non-agricultural interests in exclusive farm use zones. The County shall consider requiring noise, dust, fly, etc., easements to be granted to adjoining farmers where non-agricultural uses are permitted. 17. Coordination between public and private landowners to encourage farm use shall be encouraged. And projects to increase productivity and to bring new land into agricultural production shall be fostered. 18. Control of noxious weeds through educational programs should be continued. 19. Farm and non-farm uses in rural areas shall be consistent with the conservation of soil and water. 20. Prior to the next periodic review of its comprehensive plan and to the extent allowed by state law, the County Planning Department shall initiate a study of EFU-zoned lands to develop a recommendation as to whether marginal lands or secondary lands would be appropriate. Chapter 2: Resource Management – Agricultural Lands ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-5 Agricultural lands Agricultural lands Agricultural lands Agricultural lands Background In Oregon, Statewide Planning Goal 3 sets farmland protection standards which must be met by local governments. Oregon Revised Statute 215 and 197 and Oregon Administrative Rule 660, Division 33 set forth the criteria for compliance. The primary concept is that standards in the Exclusive Farm Use (EFU) zones must provide protection for the continuation of commercial-scale agriculture in the County, including farm operations, marketing outlets and the agricultural support system. State Statutes define which lands should be considered farm lands and what uses are permissible on those lands. In Deschutes County, where some lands have severe limitations for the commercial production of agricultural products, this has resulted in considerable debate between those who do not wish to protect what they see as marginal agricultural land and those who are adamant that agricultural land is a non-renewable resource that must be preserved. Commercial agriculture in the County consists primarily of field crops (alfalfa, other hay, some peppermint, potatoes and seed crops) and livestock operations. The high elevation (2700-3500 feet) and low rainfall make difficult conditions for crop farming. A short growing season and the risk of crop damage from frost or mid-summer hailstorms must be factored into agriculture investment planning. Without irrigation, little soil is classified better than Soil Conservation Service (SCS) Soil Capability Class IV. These factors, along with limited marketing alternatives, often produce a frustrating experience for local farmers, although some do manage to be successful. Still, agriculture remains an important economic element of the County, contributing significantly to the local economy. Agriculture also provides secondary benefits such as open space and scenic appearance; benefits which may also pay economic returns in the form of tourist dollars. Agricultural Lands 1979 Agricultural land is defined initially through soils classification. When this plan was written in 1979, detailed soils mapping existed only for a portion of the County. Consequently it was necessary to develop a more elaborate definition than that found in the Goal 3. The definition finally agreed to by the County PPrrooffiillee This Section implements State Planning Goal 3: Agricultural lands TThhiiss SSeeccttiioonn iimmpplleemmeennttss SSttaattee PPllaannnniinngg GGooaall 33:: AAggrriiccuullttuurraall LLaannddss Chapter 2: Resource Management – Agricultural Lands _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-6 Draft 5-14-08 used the available information on agricultural lands and allowed for future additions or deletions as better soils information became available. Agricultural lands were defined as those lands possessing Soil Conservation Service Agricultural Capability Class I-VI soils (SCS Land Capabilities Classification Map) or, where detailed soils information was not available, land identified by having been listed as on Farm Tax Deferral within the five years preceding the adoption of the 1979 plan (as indicated on the Existing Land Use Map compiled from County Assessor's records) and/or by the fact that the land was indicated on the County Planning Department's Irrigated Lands Map. Having a definition was only the first step, as it was then necessary to differentiate between the various types of agriculture to be found locally and to identify the various areas they characterized. Members of the Planning Staff, the Agricultural Citizen Advisory Committee and the Overall Citizen Advisory Committee identified seven types of agriculture and the areas characterized by such agriculture. These types included: 1. High Desert Sagebrush and Juniper Land: located east of Horse Ridge and characterized by extensive livestock grazing; 2. Riparian Meadows: located along the Upper Deschutes River, the Little Deschutes River and in the Sisters area and characterized by sub- irrigated pasture and meadow hay; 3. Irrigated Commercial Crop Land: located in Lower Bridge and characterized by field crops; 4. Irrigated Marginally Commercial Land: located in the Alfalfa, Cloverdale and Terrebonne areas and characterized by pasture and forage; 5. Dry Rangeland: located near Odin Falls and characterized by dry land grazing; 6. Marginal Farm Land – Undeveloped: located east of Bend and near Redmond, Tumalo and Sisters and characterized by pasture and forage; and 7. Marginal Farm Land – Developed: located in the Bend, Plainview and Tumalo areas and characterized by pasture and forage. Periodic Review Revisions As part of periodic review in 1992, the County conducted a study of commercial agriculture in Deschutes County. The purpose of the study was to ensure that EFU zone boundaries and standards for farm divisions and dwellings were consistent with Goal 3 and relevant administrative rules. The results of the study are detailed in the completion report dated June 1992, and are incorporated into the Resource Element of the Comprehensive Plan. The study identified seven agricultural subzones: Lower Bridge, Sisters/Cloverdale, Tumalo/Redmond/Bend, Terrebonne, Alfalfa, La Pine and Horse Ridge East. For each subzone, standards were determined for minimum parcel sizes for Chapter 2: Resource Management – Agricultural Lands ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-7 farm divisions. The standards are designed to protect the commercial agriculture land base. One of the primary findings of the study was that in Deschutes County the controlling variable for defining commercial agriculture was irrigated acres. Therefore, the standard for defining what constitutes a farm parcel was keyed to the number of irrigated acres typically found on commercial farms in each subzone. The study also found that farms in Deschutes County usually contained a mix of irrigated and nonirrigated land, as well as a mix of soils of different classes. Since the assessed farm use value was linked to the productive capability of property, it provided a surrogate for irrigated acres by acknowledging the presence and role of unirrigated soils in farm operations. The assessed farm use value could be used in place of the irrigated acreage figure where the land value was set to equal that of the irrigated land (i.e., median irrigated acres in subzone x farm use value of best irrigated land in subzone = threshold assessed land value). Notwithstanding the preceding, the La Pine Subzone was seen as somewhat different from the other subzones, in that farm sales were less than farm use values. In general, this was due to agricultural practices that depended to a much greater degree than in the other subzones on livestock grazing on non-irrigated pasture. To address this situation, median irrigated acreage and median assessed farm use value were used to set the basic commercial standards. Following the completion of the 1992 farm study and submission of the County’s periodic review package to the Land Conservation and Development Commission (LCDC), the Oregon legislative session and LCDC amended the statutes and rules governing uses in the farm zones. The County’s ordinances and the policies that follow were amended as necessary to conform to those changes. Chapter 2: Resource Management – Forest Lands _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-8 Draft 5-14-08 Forest Lands Forest Lands Forest Lands Forest Lands Goal. 1. To conserve forest lands for forest uses. Policies. 1. Deschutes County shall designate forest lands on the comprehensive plan map consistent with Goal 4 and OAR 660, Division 6. 2. Deschutes County shall zone forest lands for uses allowed pursuant to OAR 660, Division 6. In addition to forest practices and operations and uses auxiliary to forest practices, as set forth in ORS 527.722, Deschutes County shall allow in the forest environment the following general types of uses: a. Uses related to, and in support of, forest operations; b. Uses to conserve soil, air and water quality and to provide for fish and wildlife resources, agriculture and recreational opportunities appropriate in a forest environment; c. Locationally dependent uses such as communication towers, mineral and aggregate resources use, etc.; d. Dwellings authorized by ORS 215.720 to 215.750; and e. Other dwellings under prescribed conditions. 3. In order to conserve and maintain the unimpacted forest land base for forest use the County shall identify and zone as F-1 those lands which have the following characteristics: a. Consist predominantly of ownerships not developed by residences or non-forest uses. b. Consist predominantly of contiguous ownerships of 160 acres or larger in size. c. Consist predominantly of ownerships contiguous to other lands utilized for commercial forest or commercial farm uses. d. Accessed by arterial roads or roads intended primarily for forest management. e. Primarily under forest management. 4. In order to conserve and maintain impacted forest lands for forest use the County shall identify and zone as F-2 those lands which have the following characteristics: f. Consist predominantly of ownerships developed for residential or other non-forest uses; g. Consist predominantly of ownerships less than 160 acres in size; GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Forest Lands ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-9 h. Consist of ownerships generally contiguous to tracts containing less than 160 acres and residences, or adjacent to acknowledged exception areas; i. Provided with a level of public facilities and services, including roads, intended primarily for direct services to rural residences. 5. Except as identified in this plan non-forest uses shall be discouraged in existing forested areas. 6. Forest management in Deschutes County shall be governed by the Oregon State Forest Practices Act. 7. Better coordination and cooperation between the U.S. Forest Service and Deschutes County shall be fostered, particularly as it relates to restrictive use of such Forest Service lands as Mt. Bachelor Ski Area and the Bend Watershed. As a basis for mutual cooperation and coordination, the Land Management Plan for the Deschutes National forest shall be used. 8. Notwithstanding any other quasi-judicial plan or zone change criteria, lands designated as Forest under the Plan and zoned Forest Use 2 under the zoning ordinance may upon application be redesignated under the Plan from Forest to Agriculture and rezoned under the zoning ordinance from Forest Use 2 to Exclusive Farm Use if such lands: a. Do not qualify under state law for forestland tax deferral, b. Are not necessary to permit forest operations or practices on adjoining lands and do not constitute forested lands that maintain soil, air, water and fish and wildlife resources, c. Have soils on the property that fall within the definition of agricultural lands as set forth in Goal 3, d. Are a tract of land 40 acres or less in size, e. Do not qualify under state law and the terms of the Forest Use 2 Zone for a dwelling, and; f. Were purchased by the property owner after January 1, 1985 but before November 4, 1993. Such changes may be made regardless of the size of the resulting EFU-Zoning district. Such changes shall be processed in the same manner as other quasi-judicial plan or zoning map changes. Chapter 2: Resource Management – Forest Lands _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-10 Draft 5-14-08 Forest Lands Forest Lands Forest Lands Forest Lands Background When this plan was adopted in 1979, much of the beauty, as well as the employment, in Deschutes County was directly related to the large expanse of forestland. This resource was of particular importance to the County's two major industries, timber/wood products and tourism. The great majority of the timber harvested consisted of Ponderosa and Lodgepole pine. However, there was an increasing threat to local timber supplies created by scattered developments occurring in forested areas, especially where fire protection was unavailable. State Planning Goal 4: Forest Lands, was intended to address those concerns. In order to meet the Goal 4 requirement for an adequate inventory of forest lands site capability, the County Planning Department worked with the State Department of Forestry. The resulting capabilities map is found in the Resource Element. As shown on the map, most of the land with high through moderate capability lies in the Deschutes National Forest. Periodic Review Revisions Subsequent to the acknowledgement of the County’s plan in 1981, the Department of Land Conservation and Development initiated an administrative rule setting forth allowed uses, siting conditions and minimum lot sizes in forest zones (forest rule). Previous to that enactment, there was no uniform criteria embodied in state law other than Goal 4’s general policy guidance regulating forest zones. The rule required that Counties implement its provisions no later than the time set for periodic review. In 1992, as part of periodic review of its comprehensive plan and zoning ordinances, the County proceeded to implement the forest rule by revising its forest zones. At the same time, the Forest Lands Goals and Policies in the Comprehensive Plan were reviewed and revised to conform to the forest rule provisions. The Forest Goal and Policies, as amended by Ordinance 92-024 and 94-037, reflect the forest rule. PPrrooffiillee TThhiiss SSeeccttiioonn iimmpplleemmeennttss SSttaattee PPllaannnniinngg GGooaall 44:: FFoorreesstt LLaannddss Chapter 2: Resource Management – Open Spaces, Areas of Special Concern and Environmental Quality ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-11 Open Spaces, Areas of Open Spaces, Areas of Open Spaces, Areas of Open Spaces, Areas of Special Concern, and Special Concern, and Special Concern, and Special Concern, and Environmental Quality Environmental Quality Environmental Quality Environmental Quality (see also the Deschutes River Corridor section on page 2-25 for additional policies) Goals 1. To conserve open spaces and areas of historic, natural or scenic resources. 2. To maintain and improve the quality of the air, water and land resources of Deschutes County. However, despite general consensus that the environmental quality and amenities are important to this area's people, as well as to people statewide, there is also concern that regulation and policies to protect that environment could become too restrictive. The following policies have been developed with the intent of reaching the identified goals, but in ways that restrict only as is necessary and with consideration of the individuals who may be affected by the needs of the public. Policies 1. On lands outside urban growth boundaries and rural service centers along Highway 97, 20 and 126, as well as along Century Drive, South Century Drive, portions of Three Creeks Lake Road, Fall River Road, roads from Highway 97 to Smith Rocks, Pine Mountain Road and roadways for which landscape management is prescribed on the 1990 Comprehensive Plan, a case-by-case site plan review shall be required. This area is to extend 1/4 mile on either side from the centerline of roadways, and shall include all areas designated as State and Federal Wild, Scenic or Recreational Waterways and within 660 feet from either side of designated rivers and streams as measured from the ordinary high water level. 2. Deschutes County shall include areas outside of the urban growth boundaries and rural service centers and within 1/4 mile of the centerline of the following roads in the Landscape Management Zone. a. U.S. Highway #97 i. North County Line to Redmond UGB ii. Redmond UGB to Bend UGB GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Open Spaces, Areas of Special Concern and Environmental Quality _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-12 Draft 5-14-08 iii. Bend UGB to South County Line b. U.S. Highway #20-126: North County Line to Sister UGB c. U.S. Highway #126: Sisters UGB to Redmond UGB d. U.S. Highway #20: Sisters UGB to Bend UGB e. Smith Rock Road: Highway #97 to Smith Rock f. Sisemore Road: From Cloverdale to Bend UGB g. Skyliner Road h. Century Drive: Bend to Mr. Bachelor i. South Century Drive j. Cascade Lakes Highway k. Waldo Lake Road l. Cultus Lake Road m. Little Cultus Lake Road n. Twin Lakes Road o. Keefer Road (East Crane Prairie Road) p. East Deschutes Road q. Deschutes Road r. Wickiup Road s. Pringle Falls Loop t. La Pine Recreation Area Access Road u. Pauline-East Lake Road v. Lava Cast Forest Road w. Highway #20 East to the County Line x. Pine Mountain Road y. Ford Road z. Three Creek Lakes Road aa. Three Trappers Road bb. Dillon Falls Road cc. Matsen Road dd. State Highway #31 ee. Road to Benham Falls ff. State Highway 242 McKenzie Highway 3. Within the Landscape Management Zone, new structures or additions to existing structures (excluding fences or structures less than $1,000.00 in total value) shall be subject to landscape management site plan review by the County prior to issuance of a building permit. 4. Approval of any such development in the Landscape Management Zone will be dependent on site screening by existing natural cover and/or compatibility with the landscape as seen from the river, stream or road. 5. Outdoor advertising signs should be informational only and oversized displays discouraged. 6. The primary purpose of the landscape management site plan review shall be to obtain a structure as compatible with the site and existing scenic vistas as is possible, rather than to establish arbitrary standards for appearance or to otherwise restrict construction of appropriate structures. Chapter 2: Resource Management – Open Spaces, Areas of Special Concern and Environmental Quality ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-13 7. Rimrocks, along streams shall receive special review to assure that visual impacts of structures viewed from rivers or streams are minimized. A 50-foot setback shall be required from rimrocks on all newly created lots. Existing lots may receive exceptions to rimrock setbacks subject to conformance with criteria which individually review the structure, location and consider impacts in a manner which minimize the visual impact of the structure when viewed from the river or stream. 8. Public ownership of scenic, open space and historic areas should be maintained and increased where feasible, and a variety of open space and recreational sites should be maintained to protect the existing natural diversity and to serve the varying needs of both tourists and residents. The natural capabilities of each site should determine its level of use. 9. The concepts of developmental rights transfer, tax credits and conservation easements as ways to protect open space should be studied and encouraged at both local and State levels. 10. As part of subdivision or other development review the County shall consider the impact of the proposal on the air, water, scenic and natural resources of the County. Specific criteria for such review should be developed. Compatibility of the development with those resources shall be required as deemed appropriate at the time given the importance of those resources to the County while considering the public need for the proposed development. 11. Because management of State and Federal lands affects areas under the County's jurisdiction and vice versa, better coordination of land use planning between the County, U.S. Forest Service, State Land Board, Bureau of Land Management and other agencies shall be sought. 12. Zoning should be established to protect areas of special interest such as eagle nests, endangered species areas or points of geologic interest. 13. Because of their slow growth and usefulness as a visual and noise buffer and their relationship to air quality, tree removal from utility lines, sewers, roads and other construction shall be minimized by planning for the continued maintenance of the streets in the development. All development proposals will be reviewed for this factor by the County Planning staff before approval of the applicant's development. 14. Although DEQ has existing environmental standards with which the County shall coordinate, in instances where such standards are inadequate or non-applicable because of local conditions, the County may establish more stringent regulations. Noise regulations are an example of such program. 15. Deschutes County shall prior to December 21, 1994 complete a Goal 5 review in accordance with OAR 660-16-000 for the "1B" Areas of Special Concern identified in the Areas of Special Concern inventory of the Resource Element, adopted by Ordinance 92-052. 16. The County shall conduct an inventory of outstanding scenic resources not sufficiently protected by the Landscape Management Zone. The Chapter 2: Resource Management – Open Spaces, Areas of Special Concern and Environmental Quality _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-14 Draft 5-14-08 inventory shall be conducted in accordance with OAR 660-16. Comprehensive Plan policies and implementing ordinances to protect resources identified in the inventory shall be adopted prior to Department of Land Conservation and Development initiation of the next periodic review process, pursuant to ORS 197.633(3)(a). 17. The County shall encourage the formation of nonprofit land trusts for the protection of open space, scenic and natural areas. The County should provide support and assistance when deemed appropriate by the Board of County Commissioners. Chapter 2: Resource Management – Open Spaces, Areas of Special Concern and Environmental Quality ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-15 Open Spaces, Areas of Open Spaces, Areas of Open Spaces, Areas of Open Spaces, Areas of Special Special Special Special Concern and Concern and Concern and Concern and Environment Environment Environment Environmental Quality al Quality al Quality al Quality Background Open Space and Areas of Special Concern When this plan was adopted in 1979, the scenic and natural environmental qualities of the County were a major factor driving both population growth and the local economy. Residents and tourists alike came here for the natural beauty and high quality of the air and water. Equally appreciated were the numerous and diverse areas of scenic, geological, archeological and biological significance. Two major economic sectors, timber and agriculture, were also connected to a healthy natural environment. Areas considered open spaces included a wide variety of land uses. Parks, agricultural and forest lands, natural areas, mining sites and historic areas as well as scenic waterways and other locations of unique scenic, environmental, social or cultural character were all counted. The interest in protecting scenic views from roads, trails and waterways was instrumental in creating policies that set standards for development along major roadways, rivers and streams. Private lands suitable for open space designation were and continue to be eligible for special property tax consideration (ORS 308A.300-330), because they maintain high quality scenic environments for the benefit of the public. In recognition that some areas in the County contain special assets, segments of the Deschutes River in Deschutes County were designated as a State Scenic Waterway. Additionally, segments of the Deschutes River and Whychus (Squaw) Creek were designated as Federal Wild, Scenic or Recreational River. Environmental Quality The Federal Environmental Protection Agency (EPA) and the Oregon Department of Environmental Quality (DEQ) have existing standards and PPrrooffiillee Chapter 2: Resource Management – Open Spaces, Areas of Special Concern and Environmental Quality _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-16 Draft 5-14-08 programs affecting air and water quality as well as noise levels. DEQ has historically maintained an air and water quality-sampling program in Deschutes County, which contributes to our understanding of existing and changing conditions. Air quality, when this plan was adopted, was generally good. However there were a number of identified concerns such as surface inversions, topographic conditions, certain activities (i.e., slash and field burning), wind-carried soils and increasing population which were understood to have significant potential for degrading local air quality without proper management. Some water pollution problems were identified, specifically in the La Pine core area and in Terrebonne. These two areas were looking at developing sanitary sewer systems and treatment facilities. TThhiiss SSeeccttiioonn iimmpplleemmeennttss ppaarrtt ooff SSttaattee PPllaannnniinngg GGooaall 55:: OOppeenn SSppaacceess,, SScceenniicc aanndd HHiissttoorriicc AArreeaass aanndd NNaattuurraall RReessoouurrcceess aanndd SSttaattee PPllaannnniinngg GGooaall 66:: AAiirr,, WWaatteerr aanndd LLaanndd RReessoouurrcceess QQuuaalliittyy Chapter 2: Resource Management – Fish and Wildlife ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-17 Fish and Wildlife Fish and Wildlife Fish and Wildlife Fish and Wildlife (see also the Deschutes River Corridor section on page 2-25 for additional goals and policies) Goals 1. To conserve and protect existing fish and wildlife areas. 2. To maintain all species at optimum levels to prevent serious depletion of indigenous species. 3. To develop and manage the lands and waters of this County in a manner that will enhance, where possible, the production and public enjoyment of wildlife. 4. To develop and maintain public access to lands and waters and the wildlife resources thereon. 5. To maintain wildlife diversity and habitats that support the wildlife diversity in the County. Policies 1. In light of the need to protect deer winter range and to be consistent with plan policies restricting rural sprawl, the Metolius, North Paulina, Tumalo and Grizzly deer winter ranges shall be protected by special zones. The winter ranges shall be as designated on the Big Game Habitat – Wildlife Area Combining Zone Map contained in this plan’s Resource Element. Within the winter ranges the minimum lot size shall be 40 acres, except that in the Rural Residential Zone and the Multiple Use Agricultural Zone planned or cluster developments are required for new land divisions. In planned and cluster developments man’s activities must be limited to 20 percent of the development’s lands with 80 percent left as open space. The density of planned and cluster developments shall be determined by the underlying zone. 2. The County shall enforce an animal control ordinance which prohibits dogs to be at large or not under the complete control of a capable person. 3. In the Bend/La Pine deer migration corridor identified in the Comprehensive Plan Resource Element, new land divisions, where the underlying zone is Rural Residential – 10, shall be cluster developments. 4. Because public access to fish and wildlife areas is so important to the economic and livability aspects of Deschutes County, walking easements and periodic boat access points shall be provided in areas where public river access is limited, as determined appropriate by the County and State Department of Fish and Wildlife. GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Fish and Wildlife _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-18 Draft 5-14-08 5. Consistent with Policy 4 and in order to protect the sensitive riparian areas, as well as to protect people and property from flood damage, the zoning ordinance shall prohibit development (except floating docks) within 100 feet of the mean high water mark of a perennial or intermittent stream or lake. Exceptions may be permitted on lots created prior to November 1, 1979 where adherence to the 100-foot setback would cause a hardship. 6. In addition to State and Federal laws, County ordinances shall require all identified nesting sites for eagles, ospreys, prairie falcons or other species listed on the Oregon State or Federal threatened or endangered species list shall be protected. 7. Sensitive bird habitat sites (bald eagle, golden eagle, osprey, great grey owl, prairie falcon nests, great blue heron rookeries, and sage grouse leks) and mammal habitat sites (Townsend’s big-eared bat hibernating and nesting caves) identified in the Resource Element of this plan shall be protected by a Sensitive Bird and Mammal Overlay Zone. A protection program acceptable to the Oregon Department of Fish and Wildlife for the nests or sites shall be submitted by the applicant for a development or land use permit and used implemented during and after construction of the development. 8. The antelope range and antelope winter range identified on the Big Game Habitat-Wildlife Area Combining Zone Map included in the Resource Element of this plan shall be protected by a wildlife area combining zone. The minimum lot size for new parcels shall be 320 acres. The Rural Service Centers of Brothers, Hampton and Millican shall be exempt from the provisions of the Wildlife Area Combining Zone. 9. The areas containing land identified as significant elk habitat on the Big Game Habitat Map – Wildlife Area Combining Zone Map included in the Resource Element of this plan shall be protected by a wildlife area combining zone. The minimum lot size for new parcels shall be 160 acres in the combining zone. 10. The County shall notify the Oregon Department of Fish and Wildlife of all land use applications for lands located in the WA Combining Zone or the Sensitive Bird and Mammal Overlay Zone. 11. The County shall work with ODFW and the Deschutes Basin Resource Committee to review existing protection of riparian and wetland area vegetation and recommend comprehensive plan and ordinance amendments, if necessary, by December 31, 1993. 12. When site specific information is available to the County on the location, quality and quantity of threatened and endangered fish and wildlife species listed by State or Federal wildlife agencies and the Oregon Department of Fish and Wildlife develops protection criteria for the species, the County shall proceed with a Goal 5 ESEE analysis in compliance with OAR 660 Div.16. 13. The County shall review the La Pine and Bull Flat elk habitat areas and the Metolius deer migration corridor designated as “1B” Goal 5 resources Chapter 2: Resource Management – Fish and Wildlife ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-19 during the next periodic review or as additional information on the location, quality and quantity of the habitat areas becomes available. 14. The County shall maintain an inventory of County-owned property in the Bend/La Pine deer migration corridor. Prior to sale or exchange of County owned property in the corridor, the County shall consult the Oregon Department of Fish and Wildlife to determine the value of the land for deer migration and make reasonable efforts to consolidate properties to maintain habitat characteristics important to preserving the migration corridor. 15. The County shall work with ODFW to identify specific areas where the County and ODFW shall encourage public retention and acquisition of land or seek conservation easements for the protection of the deer migration corridor. 16. The County shall retain and encourage public ownership of significant fish and wildlife habitat and riparian areas. 17. County-owned land shall be managed to protect and enhance fish and wildlife habitat except where a conflicting public use outweighs the loss of habitat. 18. The County shall notify the Oregon Division of State Lands and the Oregon Department of Fish and Wildlife of any development applications for land within a wetland identified on the National Wetlands Inventory maps. 19. The County shall encourage the formation of nonprofit land trusts for the protection of fish and wildlife habitat, wetland, riparian and natural areas. The County should provide support and assistance when deemed appropriate by the Board of County Commissioners. Chapter 2: Resource Management – Fish and Wildlife _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-20 Draft 5-14-08 Fish and Wildlife Fish and Wildlife Fish and Wildlife Fish and Wildlife Background When this plan was written in 1979, the protection of fish and wildlife resources was an on-going controversy in Deschutes County. Both those committed to the protection of the fish and wildlife and those who wished to develop in sensitive wildlife areas, pressed their positions, sometimes resulting in court action to resolve the conflict. In committee discussions and public testimony, the community expressed concern that local fish and wildlife resources be protected. It was recognized that failure to protect fish and wildlife resources would result in loss of habitat, loss of endangered species, declining tourist expenditures, loss of recreational opportunities and loss of quality of life. Already, Deschutes County had witnessed the serious degrading of the cold-water fishery by irrigation withdrawals, loss of sensitive deer winter rangelands to development and the disturbance of deer migration corridors due to residential and recreational construction. Oregon Department of Fish and Wildlife representatives indicated that their studies showed significant deer migration from the Deschutes National Forest west of the Deschutes River, to wintering ranges east of the river, identified as the North Paulina, Devil’s Garden and Hole in the Ground Ranges. They further noted that rural housing at a density of more than one residence per 40 acres could seriously threaten deer winter survival. Wildlife was also threatened by dogs owned by rural residents, especially if the dogs were allowed to roam in packs. Of particular concern were riparian areas or wetlands along streams and lakes. These areas not only served as essential habitat for many species and as migration corridors for big game, but were particularly in need of protection because of their limited nature. Yet, it was not just the wetter, more forested areas of the County that provided wildlife habitat. The dry high plains in the eastern portion of the PPrrooffiillee Chapter 2: Resource Management – Fish and Wildlife ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-21 County had large populations of sage grouse and antelope. These wildlife species were known to be highly dependent on the open, relatively undeveloped character of this area for their survival. Periodic Review As part of the County periodic review in the 1990s the goals and policies in this chapter were reviewed by the public, the Oregon Department of Fish and Wildlife, the Planning Commission and the Board of County Commissioners. During periodic review the County also updated the fish and wildlife inventories and completed economic, social, environmental and energy analysis of conflicting uses and developed programs to protect the significant Goal 5 wildlife resources. (see the Resource Element for details) TThhiiss SSeeccttiioonn iimmpplleemmeennttss ppaarrtt ooff SSttaattee PPllaannnniinngg GGooaall 55:: OOppeenn SSppaacceess,, SScceenniicc aanndd HHiissttoorriicc AArreeaass aanndd NNaattuurraall RReessoouurrcceess Chapter 2: Resource Management – Water Resources _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-22 Draft 5-14-08 Water Resources Water Resources Water Resources Water Resources (see also the Deschutes River Corridor section on page 2-25 for additional goals and policies) Goals 1. To maintain existing water supplies at present quality and quantity. 2. To improve the efficiency with which water is supplied to meet the growing needs of Deschutes County residents. Policies In order to achieve the desired results three general policy directions have been determined, each general topic composed of several specific policies. Resource Study To obtain better information than that presently available so as to assure the safe use of the area's water resources the following policies shall be adopted: 1. Obtain funding to conduct a complete County-wide hydrology study. Particular emphasis shall be placed on study of urban areas, irrigation water seepage into local water tables, stream flow and limits to water availability. 2. The County, in conjunction with appropriate State and Federal agencies, shall conduct a study on the location and characteristics of local aquifers and streams, emphasizing the La Pine area first. 3. The County shall conduct a study of the legal, economic and environmental consequences of the use of irrigation water for non- agricultural uses. 4. When information is available on the location, quality and quantity of groundwater resources, the county will determine the significance of the resource and complete the Goal 5 process for groundwater resources in accordance with OAR 660-16. GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Water Resources ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-23 Water Supply The second general topic is the protection and improvement in efficiency of local water supplies. 5. The County shall work with local irrigation districts, private and municipal water suppliers as well as adjacent Counties and the State to assist water management planning. 6. Consistent with acceptable environmental, social and economic impacts, the County shall cooperate with State and Federal agencies in irrigation canal lining, reservoir construction and watershed management. 7. The County shall continue to serve as a sponsor for Federal and State grants for water system improvements. Water Quality The final general policy direction is the protection and improvement of the area's water quality so that the County's new population can be safely accommodated without serious public safety, environmental and economic costs. 8. The County shall work with State and Federal agencies in planning for water quality (i.e., Sections 208 and 303e) and in the enforcement of anti-pollution regulations. Also, if found necessary, create and enforce local anti-pollution ordinances. 9. The County, through educational programs and other similar activities, should encourage the use of non-toxic, rapidly biodegradable chemicals. 10. Plans, ordinances, cooperative agreements and other legal and educational tools shall be fostered by the County to protect watersheds, reduce erosion and inappropriate run-off, and otherwise preserve local water quality from undesirable building, agriculture or other practices. 11. Any project which would endanger the purity of local ground water shall be vigorously discouraged. 12. To protect the public's health and safety irrigation ditch water shall not be an approved domestic water source for subdivisions, partitions or other developments after adoption of this plan. This will not affect existing legal subdivisions, partitions or other developments. Chapter 2: Resource Management – Water Resources _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-24 Draft 5-14-08 Water Resources Water Resources Water Resources Water Resources Background Water in adequate quality and quantity is important to all communities, but in a semi-arid region such as Deschutes County, it is of particular importance. Drought is a recurring natural phenomenon which has done much to direct the County's growth and to determine its economic base. In 1979 inadequate information existed on water supplies and water quality. Since that time, the County Environmental Health Division, Oregon Health Division, Oregon Department of Environmental Quality, and U.S. Geological Survey have cooperated on studies or ongoing programs to provide a greater understanding of the area's water resources. Given the expected continued growth of the area and the existing water quality and quantity problems, the results of these studies are expected to prove useful in updating this plan and safely accommodating the new growth while protecting existing industries and residents. In 1979 it appeared that little additional water for agricultural expansion could be expected locally, except for some new wells in such areas as Lower Bridge and Cloverdale. The use of irrigation water for domestic purposes had not only reduced available water supplies for agriculture but also raised questions about possible health hazards resulting from people drinking from irrigation ditches. Some water quality problems were identified as resulting from domestic effluent and agricultural operations. The domestic effluent was clearly a more pressing concern than agricultural activities (because of local soils, climate, topography and farm operations). The continued use of drill holes for sewage disposal was noted as a subject of particular concern. In 1986 a separate, but related, chapter was added to this Comprehensive Plan to identify specific goals and policies for the Deschutes River Corridor. PPrrooffiillee TThhiiss SSeeccttiioonn iimmpplleemmeennttss ppaarrtt ooff SSttaattee PPllaannnniinngg GGooaall 55:: OOppeenn SSppaacceess,, SScceenniicc aanndd HHiissttoorriicc AArreeaass aanndd NNaattuurraall RReessoouurrcceess Chapter 2: Resource Management – Deschutes River Corridor ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-25 Deschutes River Corridor Deschutes River Corridor Deschutes River Corridor Deschutes River Corridor Note: The goals and policies in this section were written separately and do not match the formatting of the rest of the comprehensive plan. Water Resources Goals and Policies (see also Water Resources Section page 2-22) Goal 1. Stabilize the flow regime of the upper Deschutes River Basin so as to maintain or enhance a healthy aquatic and riparian environment while providing for irrigation and recreation needs. The minimum streamflows recommended by the Oregon Department of Fish and Wildlife should be considered as target minimum flows for the respective river reaches. Policy 1. Deschutes County shall establish a water conservation committee including, but not limited to, local representatives from the irrigation districts, Department of Water Resources, Department of Fish and Wildlife (ODFW), United Stated Forest Service (USFS), Deschutes County and City of Bend Planning Departments, and Deschutes County and City of Bend Planning Commissions to provide an ongoing forum regarding water management on the Deschutes River and its tributaries and to make recommendations to appropriate agencies. The committee should: a. Request assistance through Bonneville Power Administration's (BPA's) technical assistance program for technical improvements in methods of irrigation and means of conservation of both water and energy. b. Request assistance from the Water Resources Department, Bureau of Reclamation, and Soil and Conservation Districts to initiate an in- depth study of, and to set priorities for, actions that should be taken to improve the irrigation districts' delivery systems. c. Assist the County and City of Bend in the implementation of the Deschutes River goals and policies. Goal 2. Support the designation of instream use of water as a beneficial use. GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Deschutes River Corridor _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-26 Draft 5-14-08 Policies 1. Deschutes County shall petition the Water Resources Department to amend the appropriate provisions in the Deschutes River Basin Plan to reflect the recommendations of the River Study Task Force and the committee established under Goal 1. 2. Deschutes County shall petition the State Legislature to amend state law to designate instream use as a beneficial use to ensure that rights designated to instream use shall not be subject to downstream appropriation by holder of equal or junior rights, and petition the Water Resource Department to adopt a uniform, easily-accomplished process for the transfer of water rights in the Deschutes River Basin to instream use. Goal 3. Increase streamflow in the Deschutes River below Wickiup Dam during the non-irrigation season. Establish a flow release during the irrigation season that will reduce bank erosion while providing for irrigation, fisheries, wildlife and recreation needs. Policies 1. Deschutes County shall petition the Bureau of Reclamation to conduct a feasibility study on the Monner Reservoir site, including: (a) the non- irrigation flow required for filling, (b) to what extent gravity feed irrigation would be possible, and (c) to what extent low flows below Wickiup Dam could be augmented during the non-irrigation season. 2. Deschutes County shall petition the Bureau of Reclamation, USFS, United States Geological Survey (USGS), and the Oregon Department of Environmental Quality (DEQ), to establish a bedload sediment monitoring program and to determine an appropriate maximum discharge from Wickiup Dam, which program addresses the effects of bank erosion on rehabilitation of spawning habitat, riverfront property, recreation, and scenic values, and accomplishes the determination of flow regime through interagency cooperation with the affected irrigation districts. 3. Deschutes County shall petition the Bureau of Reclamation to determine what the consequences would be to irrigation districts, recreation use, and the stabilizing of water releases below Wickiup Dam by maintaining a lower level of water in Crane Prairie Reservoir, and diking off known high loss areas within the reservoir to minimize excess seepage. Chapter 2: Resource Management – Deschutes River Corridor ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-27 Goal 4. Implement and enforce incentives for water conservation. Policies 1. Deschutes County shall encourage the Water Resources Department, irrigation districts, and municipalities utilizing diverted waters to enforce the "without waste" provision in appropriated water rights. 2. Deschutes County shall support efforts by the irrigation districts to provide financial incentives to conserve water, such as a water use fee on the minimum amount of water required (commensurate with the plant/soil requirements determined by the soil and water conservation districts) and an excess charge for water used over the base amount. 3. Deschutes County and the irrigation districts should explore the development of an intergovernmental agreement to provide that developers partitioning land and attendant water rights shall be responsible for the affected irrigation district's approval before final plat approval by the County. The irrigation district shall not deliver water to the subdivision greater than that which would have been due to the parcel as a whole (i.e., the district shall not replace water lost by subdivision distribution). 4. Deschutes County shall request the irrigation districts to continue to give consideration to shortening the summer irrigation season when soil moisture conditions and cistern reserves allow. 5. Deschutes County shall support efforts by the irrigation districts within the upper and middle Deschutes River Basin to allow expansion of irrigated land within a district's boundaries, as part of a means to share conserved water, for those districts that implement water conservation and instream flow enhancement programs. 6. Deschutes County shall encourage irrigation districts to discontinue the policy of winter water runs. Goal 5. Maintain streamflows in the Little Deschutes River and its tributaries that will provide for irrigation, fisheries, wildlife and recreation needs. Policy 1. Deschutes County shall encourage ODFW and Tumalo Irrigation District to negotiate a minimum release out of Crescent Lake. Chapter 2: Resource Management – Deschutes River Corridor _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-28 Draft 5-14-08 Goal 6. Increase instream flow below the North Canal Dam during periods of water diversion. Policy 1. Deschutes County shall encourage examination by irrigation districts and the Water Resources Department of options for providing additional flows below the North Canal Dam during the irrigation season. These additional flows shall not take the place of the current 30 CFS spilled by agreement with Central Oregon Irrigation District (COID) and North Unit Irrigation District (NUID). Options that might be considered include shared conserved water, public participation in irrigation district improvement, public "buy down" of interest rates on improvement loans, and public or private purchase/transfer of water rights for instream use. Goal 7. Increase streamflow below the irrigation diversions on Tumalo Creek during periods of water diversion. Policies 1. Deschutes County shall encourage the City of Bend to continue to implement a water conservation program that emphasizes enforcement, metering, and other methods to avoid wasting water. 2. Deschutes County shall encourage the City of Bend to continue to replace the Tumalo water supply pipeline and, when this pipeline is complete, to install gates at the intake, which would help stabilize withdrawals from Tumalo Creek, 3. Deschutes County shall encourage the City of Bend and Tumalo Irrigation District to explore options to improve instream flows in Tumalo Creek, including apportionment of water draws to maximize the use of the Tumalo Feed Canal rather than the Columbia Southern Canal, in order to increase water flows through Shevlin Park and minimize the excessive water losses that now occur in the Columbia Southern Canal. 4. Deschutes County shall encourage the Tumalo Irrigation District to explore means to eliminate the Columbia Southern Canal and to revert a portion of the water saved to instream use to maintain a minimum flow in Tumalo Creek below the Tumalo Feed Canal diversion. Chapter 2: Resource Management – Deschutes River Corridor ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-29 Goal 8. Increase streamflow below the main irrigation diversion on Whychus (Squaw) Creek during periods of water diversion. Policies 1. Deschutes County shall encourage the Whychus (Squaw) Creek Irrigation District and the Water Resources Department to help explore options for providing additional flow below the irrigation diversions on Whychus (Squaw) Creek, including shared conserved water, public participation in irrigation district improvements, public "buy down" of interest rates on improvement loans, and public or private purchase/transfer of water rights for instream use. 2. Deschutes County shall request the ODFW to petition the Water Resources Department to withdraw Whychus (Squaw) Creek from any further appropriations. Energy Goal and Policies (see also Energy Section page 2-41) Goal 9. Encourage development of hydroelectric resources when they are consistent with: a. fish, wildlife, recreation, open space, and scenic resource values, and b. state and regional energy plans. Policies 1. Deschutes County shall continue to strongly support and promote the conservation of all forms of energy resources through cooperation with the Northwest Power Planning Council, BPA program, recycling, solar ordinances, energy-efficient building standards, and appropriate development of geothermal resources. 2. Hydroelectric projects that are not physically connected to an existing dam, diversion, or conduit are prohibited. 3. Deschutes County shall develop a program to assure that hydroelectric projects located within existing man-made transmission systems and using existing flow regimes, or physically connected to an existing dam, diversion, or conduit, but not using existing flow regimes, are subject to the following provisions: a. Are consistent with federal and state law. Chapter 2: Resource Management – Deschutes River Corridor _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-30 Draft 5-14-08 b. Hydroelectric projects shall not increase the maximum surface area of an impoundment behind an existing dam or diversion. c. Shall not be located in significant/sensitive fish or wildlife areas unless it can be demonstrated that the project, if constructed, would restore significant/sensitive fish or wildlife habitat in the reach affected by the project. d. Hydroelectric projects shall stabilize streamflows, restore degraded trout habitat, and provide public access to as great an extent as practical. 4. Hydroelectric projects shall avoid adverse impacts if possible. Where not practicable, impacts shall be minimized, while providing for restoration on already adversely impacted areas along the river or steam. Restoration does not necessarily have to be in the immediate project vicinity. 5. Hydroelectric projects shall have no adverse impact to water-related and water-dependent recreation unless it can be shown that existing water- related and water-dependent recreation of the same type, quality, and quantity as that which may be lost can be restored or enhanced in the project vicinity. Recreation activities include those activities which occur now and which may reasonably be expected to occur in the future. 6. Hydroelectric projects shall include a river restoration/enhancement plan documenting both on-site and off-site restoration and enhancement strategies consistent with adopted goals and policies. The plan shall identify costs, time schedules, and coordination actions with all affected parties. The plan shall address, but not be limited to, stabilizing water flows, trout habitat restoration, and public access. No hydroelectric project shall be permitted until the plan has been approved through the public review process. 7. Hydroelectric projects shall post a performance and restoration bond to ensure implementations of the approved restoration/ enhancement plan. 8. Hydroelectric projects shall be consistent with the provisions of the Columbia River Fish and Wildlife Program and the Northwest Power Plan as adopted by the Northwest Power Planning Council. 9. The County shall advise the Northwest Power Planning Council and Oregon Department of Energy as to the potential hydroelectric resource in Deschutes County. Fish Goals and Policies (see also Fish and Wildlife Section, page 2-17) Goals 10. Increase the number of wild trout through restoration of degraded habitat, enhancement of tributary spawning areas, and stabilized flows. 11. Increase public access along rivers and streams for fishing. 12. Increase public awareness of riparian habitat protection. Chapter 2: Resource Management – Deschutes River Corridor ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-31 Policies 1. All spawning areas for trout shall be considered significant habitat and shall be protected. 2. To the extent funds are available, Deschutes County shall retain in public ownership, after foreclosure, tax delinquent lands located near or adjacent to rivers and streams. 3. Deschutes County shall support efforts by the ODFW and local trout clubs to continue spawning habitat enhancement work. 4. Deschutes County shall encourage and assist DEQ in developing a program to prevent surface water pollution due to inadequate or failing septic systems along rivers and streams. 5. Deschutes County shall encourage the ODFW to develop a program for state acquisition of fishing easements along rivers and streams. 6. Deschutes County shall encourage the ODFW and the Parks and Recreation Division of the Department of Transportation to develop a joint program for increasing fishing access at and adjacent to Cline Falls, Tumalo, and La Pine State Parks, 7. Deschutes County shall adopt regulations pertaining to fill-and-removal of material in waterways and adjacent wetlands. 8. Deschutes County shall support efforts by the ODFW, Bureau of Reclamation, Warm Springs Indian Tribe, Portland General Electric, and the USFS to begin efforts to identify ways to assure that steelhead and salmon juveniles are able to travel downstream over the dams. A pilot program for steelhead should be initiated on Whychus (Squaw) Creek. 9. Deschutes County shall support efforts by the ODFW to manage appropriate reaches of rivers and streams for wild (naturally reproducing) trout. 10. As part of the ODFW's effort to develop a wild trout management plan for the upper Deschutes River Basin, Deschutes County shall petition the Bureau of Reclamation to participate in the planning and, if appropriate, financing of habitat restoration and improvement of those rivers and streams affected by water facilities designed and/or financed by their agency, through coordination with the ODFW, USFS, irrigation districts, and other public and private interests. 11. Deschutes County shall encourage and assist in the education of river property owners on the State Riparian Tax Incentive Program and other programs that would benefit fish and wildlife. 12. Deschutes County, in cooperation with the irrigation districts, USFS, ODFW, and Bureau of Reclamation, should explore means to restore and stabilize riparian and wetland habitats. Emphasis should be on stabilizing flows caused by water regulations. Consideration should also include, but not be limited to, bank erosion control, revegetation programs, and elimination of inappropriate levels of riparian livestock grazing along rivers and streams. Chapter 2: Resource Management – Deschutes River Corridor _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-32 Draft 5-14-08 13. Deschutes County shall request the ODFW to ensure that all irrigation diversions are properly screened. The irrigation districts should be encouraged to conduct the studies to monitor screen efficiency and to make necessary improvements. 14. Deschutes County shall continue to use conservation easements to protect riparian habitat. Wildlife Goals and policies (see also Fish and Wildlife Section, page 2-17) Goal 13. Ensure the long-term protection and enhancement of wildlife sensitive riparian habitat, and natural plant and animal communities along the Deschutes River and its tributaries. Policies 1. Deschutes County, in cooperation with the ODFW and USFS, shall modify land use practices and consider acquiring land or development rights where conflicts arise with any of the following: a. Sensitive wildlife habitats necessary for feeding, nesting, reproduction or rearing. b. Sensitive elk and deer winter range habitat. c. Sensitive elk and deer migration corridors. 2. Deschutes County, in cooperation with the ODFW and USFS, shall consider wetlands and riparian areas as sensitive wildlife habitat due to their scarcity and unique characteristics to serve a wide range of wildlife species and shall protect them. Modification/ alteration of these areas may only be permitted in unique situations and after consultation with the ODFW. 3. Deschutes County shall support periodic or seasonal closures of roads, trails or areas in sensitive wildlife areas to motorized vehicles. The County should also request the USFS to continue to support these closures in order to minimize human disturbance. 4. Deschutes County, in cooperation with the USFS and ODFW, shall protect and enhance lands containing sensitive wildlife habitat. 5. Deschutes County shall petition the Oregon Fish and W ildlife Commission to close the Sheep Springs area to hunting during the bald eagle migration and feeding period. 6. Deschutes County shall promote and support educational programs on riparian natural history, river maintenance and courtesies, impacts of habitat alteration and habitat disturbance by domestic animals and human activities. Chapter 2: Resource Management – Deschutes River Corridor ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-33 7. Deschutes County shall request that the USFS and ODFW adopt a winter elk management plan for the Benham Falls elk herd. Emphasis should be given to identification of their sensitive habitat in order to minimize potential conflict with development and recreation activities. 8. Deschutes County shall support the continued consumptive and non- consumptive use of wildlife. 9. Deschutes County shall support efforts by local conservation clubs to develop a waterfowl and wetlands habitat improvement program along the Deschutes River. 10. Deschutes County shall encourage and assist citizens, the Department of Forestry, USFS and private landholders in adopting forest management practices along rivers and streams that consider the needs of wildlife, such as preserving snags, riparian cover, and other habitat characteristics that will maintain optimal use by wildlife. Desired changes in habitat conditions resulting from forest management practices should concurrently avoid adverse impacts to water quality and visual quality for the specific reach. 11. Deschutes County shall continue to use conservation easements as a means to preserve wildlife habitat. 12. Deschutes County shall adopt regulations pertaining to fill-and-removal of material in waterways and adjacent wetlands. Open Space Goals and Policies (see also Open Spaces , Areas of Special Concern, and Environmental Quality Section, page 2-11) Goal Existing goals sufficient. Policies 1. Deschutes County shall include areas along the Deschutes River, Little Deschutes River, Crooked River, Spring River, Fall River, Tumalo Creek, Paulina Creek and Whychus (Squaw) Creek into the Landscape Management (LM) zone. In these areas, the LM zone may include all riparian areas, wetlands and canyons. 2. Deschutes County shall support a greenway project whose purpose would be to identify appropriate segments of river frontage that should be acquired for public use and benefit. 3. Deschutes County shall encourage the creation and assist in the operation of a non-profit, private organization to facilitate the acquisition of river property to further the goals of preserving areas for their scenic, recreational, fish and wildlife values. Chapter 2: Resource Management – Deschutes River Corridor _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-34 Draft 5-14-08 4. Deschutes County may require public access for any land use action adjacent to the Deschutes River, Little Deschutes River, Crooked River, Spring River, Fall River, Tumalo Creek, Paulina Creek and Whychus (Squaw) Creek limited to foot traffic only. 5. Deschutes County shall include in all access easements provisions addressing safety, security, vandalism, litter and any other maintenance concerns expressed by the landowner. The cooperation of the State Police and County Marine Patrol should be sought in working with these landowners and in maintaining the easement agreement. 6. Deschutes County shall explore the possibility of property tax relief when public access is required by the County. 7. Deschutes County may accept, by donation, full fee title ownership to any riparian land for which public access is required. If the County refuses to accept ownership, any required public access shall be waived. 8. Deschutes County may grant exceptions to the public access requirement where access would be near the nest sites of protected or sensitive wildlife species. In such cases, the County shall instead require a conservation easement to protect the nest sites from harassment and disturbance, using the assistance of the USFS, ODFW, and citizens knowledgeable of the nesting requirements of these species prior to drafting the easement. 9. Deschutes County shall request the Legislature to allow the County Assessors to recognize public access easements in their assessment policies. 10. Deschutes County shall cooperate with the Parks and Recreation Division, USFS, and BLM during the State's Scenic Waterways Study. 11. Deschutes County shall prohibit or restrict development on reaches of rivers that are being studied or recommended for inclusion in either the State or Federal Scenic Rivers System unless construction would not preclude inclusion of the reach in the state or federal system. 12. Deschutes County shall request the USFS to preserve or continue to preserve appropriate areas within the vicinity for their scientific and educational value. 13. Deschutes County, in cooperation with the Nature Conservancy, USFS, and Parks and Recreation Division, shall encourage that appropriate reaches of the Deschutes River in the vicinity of the La Pine State Recreational Area are incorporated into the Oregon Natural Heritage Plan. Chapter 2: Resource Management – Deschutes River Corridor ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-35 Recreation Goals and Policies (see also Recreation Section, page 3-29) Goals 14. Secure designation of appropriate segments of the Deschutes River, Fall River, Little Deschutes River and Crooked River under the Federal Wild and Scenic Rivers Program and the State Scenic Waterways Program. 15. Increase the opportunity for people to enjoy and appreciate undeveloped river and stream corridors. 16. Maintain, when appropriate, a semi-primitive recreation development standard along the banks of rivers and streams that are in public ownership. Policies 1. Deschutes County shall support the 1) removal of fences from the river, and 2) donation of the County of portage/walking easements that increase opportunities by the public to fully enjoy water recreation on rivers and streams. 2. Deschutes County shall regulate recreation-related land uses and density levels to accommodate the needs of wildlife where the recreation activity interferes with sensitive wildlife habitat. 3. Deschutes County shall encourage the BLM and USFS to prohibit the use of motorized vehicles, including motorbikes, ATV's, and snowmobiles, adjacent to rivers and streams where they conflict with non-motorized recreation activities. 4. Deschutes County shall encourage and participate in the USFS planning process to eliminate specific vehicular access points to and along the Deschutes River. 5. Deschutes County shall encourage the USFS and Parks and Recreation Division to acquire private property in the La Pine State Recreation Area adjacent to the Deschutes River and Fall River. 6. Deschutes County shall encourage the BLM to consolidate ownership of public lands along the Deschutes River, Little Deschutes River, and Squaw Creek. 7. Deschutes County shall support the USFS in controlling permitted levels of commercial whitewater boating. 8. Deschutes County shall support wilderness designation of the Steelhead Falls Wilderness Study Area on the Deschutes River and lower Wychus (Squaw) Creek. 9. Deschutes County shall request the BLM to designate Big Falls as an "Outstanding Natural Area" if a mutually agreeable land exchange program can be developed. Chapter 2: Resource Management – Deschutes River Corridor _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-36 Draft 5-14-08 10. Deschutes County shall advise the State Marine Board of public concerns regarding safety with respect to the use of motorboats on the Deschutes River. 11. Deschutes County should recommend that the Transportation Commission include in the State Scenic Waterways Programs the Deschutes River from below Wickiup Dam downstream to the first COI diversion, and from Sawyer Park north to the County line. 12. Deschutes County shall support the designation of appropriate segments of Fall River, Little Deschutes River, and Crooked River as state and/or federal scenic waterways. Archaeological Goal and Policies (see also Historic and Cultural Section, page 2-63) Goal 17. Maintain an ongoing program of archaeological inventory, investigation, interpretation, and education and preservation. Policies 1. Deschutes County shall request the BLM and USFS to complete archaeological inventories along the river and stream corridors within or adjacent to federal land. 2. Deschutes County shall request the BLM and USFS to postpone logging, campground, trail, and road development along rivers and streams until archaeological site review and determination of site value has been made. 3. Deschutes County shall continue to conduct archaeological survey work and excavation on private lands based on the availability of private/ public contributions and grant funds. 4. Deschutes County may require archaeological site review of any development activity (including residential development), to be conducted with the assistance of archaeologists familiar with Central Oregon archaeology, and with the cooperation of landowners and developers. Plans for archaeological site review shall be submitted to the Historical Landmarks Commission for approval. 5. Deschutes County shall support efforts by the Deschutes County Historical Society, Oregon High Desert Museum, BLM, and USFS to educate the public on the history and significance of native American culture. 6. Deschutes County shall encourage and assist law enforcement agencies in the prevention of vandalism and enforcement of laws designed to protect archaeological sites on non-federal land. Chapter 2: Resource Management – Deschutes River Corridor ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-37 7. Deschutes County shall encourage private landowners to have significant archaeological sites nominated to the National Register of Historic Places. 8. Deschutes County shall investigate potential incentives (in addition to those offered by the National Register program) for private landowners who would allow scientific and/or educational study of archaeological sites on their property. Historic and Cultural Goal and Policies (see also Historic and Cultural Section, page 2-63) Goal Existing goals sufficient. Policies 1. Deschutes County shall encourage private landowners to have significant historic and cultural sites nominated to the National Register of Historic Places. 2. Deschutes County shall encourage and assist the landowner of the Tetherow Crossing site to preserve this area for its outstanding archaeologic, historic, and educational value. 3. Deschutes County shall review any excavation work proposed for the Camp Polk site and shall assist the landowners to work out a means of preserving this area for its outstanding historic and educational value. 4. Deschutes County shall encourage and assist the landowner in preserving the Vandevert Homestead for its outstanding historic and educational value. 5. Deschutes County shall encourage and assist the landowner in preserving the Shevlin-Hixon Lumber Mill for its outstanding historic and educational value. 6. Deschutes County shall encourage and assist the USFS in preserving the Benham Falls site for its outstanding historic and educational value. 7. Deschutes County shall support the creation of a private, non-profit land trust as a means of helping landowners preserve property of historic and cultural significance. Chapter 2: Resource Management – Deschutes River Corridor _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-38 Draft 5-14-08 Deschutes Basin Resource Committee Purpose The purpose of the Deschutes Basin Resource Committee is to recommend to the Deschutes County Board of Commissioners and the Bend City Commission the means to accomplish the water resource goals and policies contained within the River Study and to provide an ongoing forum for direction and policy for maintaining and enhancing the Deschutes River Basin. Because many of the goals and policies are beyond the scope of City or County jurisdiction and require action by state agencies or the Legislature, the committee's purpose is to review and monitor state laws and to recommend to the County Planning Commission and the Bend Urban Area Planning Commission changes in such laws necessary to carry out the goals and policies contained in the River Study. Authority The Water Conservation Committee is an advisory committee charged with making recommendations to the governing bodies of Deschutes County and the City of Bend on how to implement the water resources goals and policies of the River Study and other matters dealing with the Deschutes River and its tributaries. Committee Members The Water Conservation Committee shall be made up of the following members, to be appointed by the Deschutes County Board of Commissioners and the Bend City Commission: 1. A representative from each of four irrigation districts. 2. One representative from the Oregon Department of Water Resources. 3. One representative from the Oregon Department of Fish and Wildlife. 4. One representative from the U.S. Forest Service. 5. One representative from the Deschutes County Planning Commission. 6. One representative from the Bend Urban Area Planning Commission. 7. One representative from a non-consumptive water resource user (e.g., recreator). 8. One representative from a local environmental organization. 9. Two representatives from the public at large. 10. The County and City shall provide adequate staff and material support for the committee. Chapter 2: Resource Management – Deschutes River Corridor ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-39 Responsibilities 1. Consultation: In providing advice to the governing bodies, the Water Conservation Committee should: a. Request assistance through Bonneville Power Administration's (BPA's) technical assistance program for technical improvements in methods of irrigation and means of conservation of both water and energy. b. Request assistance from the Water Resources Department, Bureau of Reclamation, and the soil and conservation districts, to initiate an in-depth study and priority of actions that should be taken to improve the irrigation districts' delivery system. 2. Review and study of state laws. 3. Study and make recommendations consistent with policies of comprehensive plans related to water resources. 4. Reporting to County/City Planning Commissions at least semi-annually. Chapter 2: Resource Management – Deschutes River Corridor _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-40 Draft 5-14-08 Deschutes River Corridor Deschutes River Corridor Deschutes River Corridor Deschutes River Corridor Background This section was added to the Comprehensive Plan in 1986 to provide goals and policies specifically for the Deschutes River Corridor. Many of the goals and policies in this chapter were recognized to be beyond the scope of county jurisdiction, requiring action by state agencies or the Legislature. Yet, these goals were included in the plan because they were deemed to have a crucial role in the preservation and revitalization of the Deschutes River Basin. There was little text originally included with this chapter, with the goals and policies speaking for the County interest in protecting the river corridor. Additionally, this chapter was written in a different format than the original plan. Instead of a list of goals followed by a list of policies, generally this chapter has a goal followed by related policies, followed by another goal and its related policies. It is also a bit confusing since the goals and policies are broken up into areas such as energy or fish, which might be a better fit in the Energy and Fish and Wildlife sections of this plan. During the 2008 Comprehensive Plan clean-up, it was determined that clarity would be lost if the goals and policies were reformatted to more closely match the rest of the plan. Additionally assigning parts of this section to other chapters in the plan, such as moving the water resources goals under the Water Resources section, was confusing due to the formatting differences. Consequently, this section has been retained, and comments have been added to identify where additional information and goals and policies may be found. PPrrooffiillee TThhiiss SSeeccttiioonn iimmpplleemmeennttss ppaarrtt ooff SSttaattee PPllaannnniinngg GGooaall 55:: OOppeenn SSppaacceess,, SScceenniicc aanndd HHiissttoorriicc AArreeaass aanndd NNaattuurraall RReessoouurrcceess Chapter 2: Resource Management – Energy ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-41 EE EEnergy nergy nergy nergy (see also the Deschutes River Corridor section on page 2-25 for additional goals and policies) Goals 1. To protect local natural energy sources. 2. To manage land uses to maximize the conservation of all forms of energy. 3. To assist, as appropriate, in the provision for adequate local energy supplies. Policies General 1. The County shall review and promote the development and use of local alternative energy sources in order to prepare for future shortages and to reduce the outflow of local dollars to buy energy. 2. Coordinated planning between local energy providers, particularly electrical, and the County Planning Department shall be sought. This planning is to be directed at determining energy needs in all parts of the County and assisting in the provision of adequate supplies and capital facilities. 3. Construction of large thermal or nuclear plants locally should be discouraged unless approved by a public vote. 4. Energy Assessment: During major plan updates, or more often as necessary, the County shall assess its energy use and the potential for energy conservation. The County shall use information available from the state and federal governments and utility companies. Alternative energy sources - Geothermal resources 5. Public involvement a. The Planning Division shall ensure that citizens, land owners, and lease holders are given ample opportunity to be involved in all phases of geothermal planning and decision-making that occur under the County's jurisdiction. This involvement program shall provide for continuity of citizen participation, and for information that enables citizens to identify and comprehend geothermal issues. GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Energy _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-42 Draft 5-14-08 b. Federal and state agencies exercising geothermal responsibilities in the County shall be expected and encouraged to make use of the County's existing citizen involvement program whenever appropriate. 6. Intergovernmental coordination a. The County shall encourage the formulation of federal and state land and resource management policies which are consistent with the County's geothermal policies. In this regard the County shall endeavor to become a partner with the federal and state governments in determining the future of geothermal energy in the County. b. In view of the multiplicity of governmental jurisdiction over geothermal resources, the County shall seek close coordination with all affected local, state, and federal agencies. In this regard the Planning Division shall maintain regular communications with federal and state agencies that are exercising geothermal responsibilities in the County, and shall keep local officials informed of federal and state actions accordingly. 7. Resource assessment a. In order to identify and protect the undefined values of its geothermal resources, the County shall support continued resource assessment activities by the public and private sectors. In this regard, the Planning Division shall monitor such activities and collect additional resource data wherever possible for inclusion in the Geothermal Element during updates or amendments. b. In recognition of the public benefit derived from greater resource knowledge, the County may undertake its own resource assessment activities where such work is expected to ultimately benefit the local economy. The results of County-sponsored resource assessment will be given the widest possible dissemination in order to facilitate further geothermal development consistent with County policies. 8. Resource Utilization a. The County supports utilization of geothermal resources, either with heat pumps, direct applications, or for purposes of generating power. However, such support is conditioned on the determination that the proposed use can be developed in a timely, orderly, and environmentally-sound manner, and that adequate protection of the resource is provided so as to ensure its continued availability and productivity over time. Further, such support is limited to those resource areas where conflicting uses are not considered predominant, as identified in Policy 6 of this section. b. When County facilities are to be renovated or newly constructed, consideration shall be given to the use of geothermal resources in these facilities when such use is technically and economically advantageous. The County shall encourage other local entities to conduct similar geothermal evaluations during their facility planning processes. Chapter 2: Resource Management – Energy ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-43 9. Economic development a. The County's support for geothermal development shall be closely coordinated with its economic development program. The County believes that its low and moderate-temperature resources may offer a significant comparative advantage to business and industry, and it shall support geothermal projects that serve to retain or create employment opportunities in the County. 10. Land-Use a. For purposes of compliance with Statewide Planning Goal 5, the County believes its geothermal resources and the conflicting uses identified in Section 4 of the Element should be balanced according to site-specific relative merits. Implementation measures shall provide protection for conflicting uses by conditionally allowing geothermal exploration and production, thereby balancing the benefits to the County from both geothermal resources and conflicting uses. This policy shall apply to all resource areas inventoried in Section 2 of the Element, except in those areas where the conflicting uses listed in Table 4.1 of the Element shall be fully protected as follows: i. Exploration and Production Prohibited · That portion of the Newberry Volcano resource area lying within the exclusion area boundary shown in Exhibit "B." · Those areas presently defined by the Deschutes National Forest Land & Resource Management Plan, incorporated hereby reference, as ineligible for leasing, specifically: Wilderness, Research Natural Areas, Experimental Forest, Bend Municipal Watershed, Developed Recreation Areas, and Dispersed Recreation Unroaded Winter Areas. ii. Production Prohibited (Exploration Allowed). · Those areas presently defined by the Deschutes National Forest Land & Resource Management Plan, incorporated hereby by reference, as being limited to no surface occupancy, specifically: Experimental Forest, Dispersed Recreation Unroaded Areas, Dispersed Roaded Areas, Developed Recreation Areas, Protection Management Areas, Special Management Areas, Potential Research Natural Areas, and Threatened and Endangered Species Areas. The County has determined that conflicting uses shall be fully protected in the foregoing areas because of the greater economic, social, and environmental benefits that accrue from the conflicting uses. In researching this determination, the County has relied upon the discussion of conflicting uses and their consequences contained in Sections 4 and 5 of the Geothermal Element; the Rural Development, Economy, and Recreation sections of the Growth Management Element of the Comprehensive Plan; the Forest Lands, Open Spaces, Fish & Wildlife, and Historic & Cultural Chapter 2: Resource Management – Energy _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-44 Draft 5-14-08 sections of the Resource Management Element of the Comprehensive Plan; the Recreation, Fish & Wildlife, Special Uses, Visual Quality, Economy, Employment, and Forest Dependent Community Concept sections of the Deschutes National Forest Land & Resource Management Plan; and the Oregon Department of Economic Development 1983 Annual Economic Report for Deschutes County. It is the County's determination that the conflicting use information contained in these references constitutes sufficient evidence of the greater importance of the conflicting uses to the County, thereby warranting exclusion of geothermal exploration and/ or production in the areas cited above. · The County recognizes that if utilization of geothermal energy is to be optimized, the designation of land-uses for areas overlying geothermal resources must accommodate those uses to which the resources can be applied. In this regard, the County shall incorporate geothermal utilization as a determinant in land-use planning; and, where appropriate, shall review permitted uses that can utilize geothermal resources if and when suitable resources are confirmed in an area. However, geothermal end- uses shall be permitted only where their compatibility with surrounding land-uses can be demonstrated with certainty. 11. Environmental protection a. In all cases the County's support for geothermal development shall be conditioned upon satisfactory evidence that sufficient environmental safeguards are provided. Environmental concerns of the County shall include, but not be limited to: air quality, water quality, noise, subsidence, induced seismicity, water consumption, fish and wildlife, vegetation, historic and cultural resources, visual and scenic qualities, erosion and earth stability, waste disposal, and public safety and health. 12. Public facilities and services a. In addition to Policy 7(a) , in all cases the County's support for geothermal development shall depend on the extent of impacts to public facilities and services. In this regard, the County's concerns shall include, but not be limited to: roads, drainage, schools, law enforcement, fire protection, water supply, sewage disposal, solid waste disposal, and general administrative services. b. The Planning Division, in consultation with the Public Works Department, shall monitor geothermal activities in order to forecast impacts to public facilities and services; and shall prepare capital improvement or related plans accordingly so as to support geothermal development in a timely and orderly manner with a level of facilities and services appropriate to such development. 13. Fiscal responsibilities Chapter 2: Resource Management – Energy ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-45 a. In recognition of specialized administrative demands that may be placed on the County by geothermal developers, the County shall require said developers to defray County expenses associated with processing a geothermal permit request, or conduction related studies or monitoring programs, directly required by a geothermal project. This Policy shall also extend to any government agency engaged in geothermal development. Alternative energy sources 14. Wind: Because the wind is a non-polluting, renewable energy source, major wind devices and associated facilities shall be conditional uses in agricultural, forest and other rural zones. Also, small scale (less than 20 KW) private use of wind generators or pumps shall be encouraged. 15. Wood and slash wood: Given the availability and usefulness of waste and slash wood the County shall maintain a waste wood dump for processors where the material shall be made available to the public, and shall encourage U.S. Forest Service projects which make slash wood available. 16. Solar: Because it is renewable and in plentiful supply locally the County shall encourage the use of solar energy by: a. Promoting the construction of housing with its long axis in the east- west direction and having solar access three hours before and after solar noon (variances because of topography, rock outcroppings or alternative solar access means may be permitted); b. Providing avenues for establishing solar property rights (see ORS 215.110) by such methods as solar sky space protective covenants in new developments and creating standard methodology for adjacent properties to establish solar sky space easements; and, c. Allowing for future centralized solar generation of electricity in the large vacant areas in the eastern portions of the County (particularly on BLM lands). 17. Internal Operations: The County shall, when practicable, make energy efficiency and the use of renewable resources a regular practice in its design and operation of buildings, equipment and public facilities and services. Recycling 18. Recycling is an effective method of energy conservation. The County has adopted a County-wide recycling program in compliance with Senate Bill 405. The primary responsibility for this program is through the County Solid Waste Division. The ongoing recycling program will provide for the following: a. Identify projects and methods to achieve the specific goals; and Chapter 2: Resource Management – Energy _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-46 Draft 5-14-08 b. Require and annual review of program status. 19. The County shall consider the designation of a County employee as Recycling Coordinator who is responsible for: a. Encouraging recycling throughout the County; b. Fostering communications about recycling among local governmental agencies, organizations and the public; and, c. Providing assistance to the County Solid Waste Advisory Committee in considering and implementing ways to increase local recycling activities. 20. The County shall also consider recycling when enacting ordinances, issuing contracts and franchises and when purchasing supplies. 21. The County shall study the possibility of initiating pilot projects regarding source separation of recyclables and their collection in existing or new garbage franchises. 22. The County shall seek funds to provide staff assistance and resources for developing recycling drop-off and storage centers in the Bend, Redmond, Sisters and La Pine areas. Conservation 23. All homes constructed in Deschutes County shall meet State insulation standards. The County shall consider more stringent standards (both prescriptive and equivalent performance criteria) and encourage innovative building design which meets the intent of the prescriptive standards. 24. To assist the public in understanding energy conservation in their homes the County will rate the "thermal effectiveness" of new or existing dwellings, if an owner requests, based on such factors as window placement, shading, insulation values and thermal mass, and other factors similar to the City of Davis, California, Community Development Department Standards. 25. Because multi-family housing and other types of common wall construction is more energy efficient the County shall encourage such development in urban areas. 26. Since "leapfrog" and scattered development is wasteful of energy in the provision of services (school buses, fire protection, utilities and transportation) these patterns shall not be permitted (see Rural Development and Urbanization chapters), and future development should occur in higher densities along existing corridors in urban areas. 27. Public/Private Actions: The County shall encourage local residents and businesses to conserve energy, to use renewable resources and to recycle materials. The County shall coordinate its efforts with those of local organizations, special districts, utility companies and state and federal agencies. 28. At the time of subdivision review, the County shall see that: Covenants which prevent energy conservation, such as roofline requirements Chapter 2: Resource Management – Energy ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-47 precluding solar panels, bans on clotheslines and prohibitions on street motorcycles, shall not be established in proposed developments. 29. The County shall account for its 1% bicycle funds from the State Highway Funds, and shall provide this accounting to the Bicycle Advisory Committee on an annual basis. The 1% funds shall be the minimum spent to provide bicycle and pedestrian facilities within the County. The County shall establish methods for funding pedestrian and bicycle facilities that are not within the public right-of-way and therefore are not eligible for the 1% funds. 30. The County shall consider setting aside monies which might otherwise be used for expanding motorized traffic ways and apply them toward a non-motorized transportation system which accesses educational, recreation, employment and shopping areas as well as connects to new development. 31. Oregon imports 45% of its energy as fuel for motorized vehicles. Nonmotorized transportation is recognized as an important way to conserve energy. The County shall provide bicycle and pedestrian connections between schools, residential areas, parks and other recreation attractions, shopping centers, and other commercial and industrial centers. In addition, the County shall encourage nonmotorized modes through the use of techniques such as designating nonmotorized areas (pedestrian malls), installing traffic cells and traffic calming designs, allocating a greater share of street space to nonmotorized modes, restricting motor vehicle parking, and other pedestrian and bicycle-oriented land use patterns. 32. As much as possible non-motorized systems should be favored over motorized transportation systems. 33. New major consumers of energy, such as commerce and industry, shall be located whenever possible near established energy distribution centers. 34. The County should set an example by weatherizing its buildings and considering passive or active solar heat, perhaps with assistance from retrofit grants. 35. To promote public awareness of the reasons and need for energy conservation the County shall develop an educational program for use County-wide. Chapter 2: Resource Management – Energy _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-48 Draft 5-14-08 Energy Energy Energy Energy Background In 1979 when this plan was written, Deschutes County was an importer of energy. The Bonneville Power Administration had stated that after 1983 they would no longer assure 100 per cent distribution of electrical power. As with the rest of the nation, Deschutes County anticipated increasingly expensive gasoline and possibly even shortages. Therefore, it was considered likely that the County would face serious problems in the near future unless precautions were taken in time. Energy Sources At that time, hydropower generation in the County was limited to two sites which were operating at capacity, with another potential site at Wickiup Dam. Another possible energy source was fossil fuel development in the eastern portion of the County, which while infeasible at the time, was seen as possible in the future. There was also the prospect for an increase in local natural gas supplies through the construction of a second and even third natural gas pipeline through Central Oregon Some geothermal investigation was occurring near Newberry Crater and also near the Three Sisters Mountains. Environmental impact statements to permit appropriate exploration in the Cascades had already been prepared. Problems with objectionable smells from released gases, possible groundwater contamination, earth subsidence or quakes were all hazards to be considered in geothermal energy use. Loss of recreational lands and aesthetic qualities also needed to be considered. At the time, a State-wide Siting Task Force Report showed few, if any, appropriate sites for coal or natural gas thermal generation plants in the County. The County did see some possibility for other types of energy production. Wind generation was thought to be feasible if it could be tied to the existing power grid. Waste wood burning was popular and feasible and one local manufacturer had constructed a 9000 KW facility, while another had the possibility of saving 6.9 million cubic feet of natural gas each year using waste wood. County Pollution Control Bonds were thought to be able to finance conversion from fossil fuels to wood waste, because that conversion would PPrrooffiillee TThhiiss SSeeccttiioonn iimmpplleemmeennttss SSttaattee PPllaannnniinngg GGooaall 1133:: EEnneerrggyy Chapter 2: Resource Management – Energy ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-49 reduce a major solid waste problem, reduce energy costs to local industries and slow the outflow of local money for imported energy. Solar energy was another source considered a real possibility for Deschutes County. Proper siting of housing with a solar orientation was thought to permit critical sunlight access. Passive solar methods, such as proper window placement and seasonal shading, were also believed to have significant impact. Conservation and Recycling Energy conservation was seen as another important idea that could reduce pollution, free existing energy resources for other uses and decrease the outflow of money for energy. Education was determined to be the most obvious way to promote conservation and could be achieved through coordination with the Extension Service and establishing a paid coordinator. Another conservation method considered was regulation, such as establishing higher building and subdivision standards. Education and regulation could be combined to require thermal ratings for new buildings and to promote more efficient lay-outs. Another idea was to require the heat loss analyses performed by utility companies to be kept on file for public review. Recycling was also determined to be an energy saver. For example, at that time, aluminum when reclaimed took only four percent of the energy required to process raw ore, including handling and transportation costs. Recycled copper required only 11 percent of the energy needed to obtain the metal from raw ores. Some recycling already existed locally but much more was thought possible. Transportation In 1979 one of the biggest energy issues to face Deschutes County was transportation. Transportation consumed 36 percent of total Statewide energy use, and it constituted 56 percent of an average household's energy use. As a rural area, Deschutes County was heavily dependent on automobiles and thereby consumed considerable gasoline. The difficulty of reducing motorized vehicles was understood, but the effect would be lower energy use, pollution levels and expenses. Just the reduction of road construction and maintenance (re-sealing, snowplowing, etc.) would save considerable energy. Geothermal Element A study of geothermal resources was completed and adopted as part of the Resource Element in 1985. New Goals and Policies were added to the plan based on that study. Chapter 2: Resource Management – Surface Mining _________________________________ Draft Deschutes County Comprehensive Plan Page 2-50 Draft 7-12-07 Surface Mining Surface Mining Surface Mining Surface Mining Goal 1. To protect and utilize appropriately, within the framework established by Statewide Land Use Planning Goal 5 and its implementing administrative rules, the mineral and aggregate resources of Deschutes County, while minimizing the adverse impacts of mineral and aggregate extraction and processing upon the resource impact area. Policies General 1. These policies set forth the general guidelines under which the County will implement the Goal 5 process for mineral and aggregate resources, and assure compliance with all other applicable statewide land use planning goals. More specific policies relating to utilization of mineral and aggregate resources under particular circumstances and at particular sites may be adopted by and set forth in the County's zoning ordinance provisions. 2. For purposes of these policies, where applicable, the terms used shall have the same meaning as those terms in the administrative rules implementing Statewide Land Use Planning Goal 5. 3. The mineral and aggregate goal and policies outlined in the comprehensive plan are intended to reflect the requirements of Goal 5 and the implementing administrative rules. Where a policy or interpretation conflicts with Goal 5 or the rules, the provisions of the Goal or rules shall control. Surface Mining Identification and Designation. 4. The County shall encourage resource conservation. 5. The County shall encourage the use of materials which can be substituted for sand and gravel. 6. Land use decisions of the County shall be based upon balanced consideration of the location, availability and value of mineral and aggregate resources, and conflicting resources and uses as designated in the comprehensive plan. 7. The County shall review, as part of each periodic review process, the status of mineral and aggregate resources in the County. GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Surface Mining ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-51 8. Sufficient SM (Surface Mining) zoning shall be maintained by the County to satisfy, at a minimum, the demand for mineral and aggregate resources of the County as reflected by the data contained in the comprehensive plan. The County shall not deny SM zoning for any mineral and aggregate resource site for the sole reason that the demand of the County for that resource has been satisfied by the SM zoning of other sites. 9. The County shall retain ownership of County-owned lands which are zoned SM pursuant to this plan and the Goal 5 process. The County may permit private operators to mine County-owned resources. 10. A mineral and aggregate resource site not on the current inventory shall be placed on the inventory and zoned SM when the following conditions are met: a. A report is provided verifying the location, type, quantity and quality of the resource; and b. The Goal 5 conflict identification and resolution (ESEE) process results in a determination that the resource is of sufficient importance relative to conflicting resources and uses, if any, to require protection. 11. The County shall identify and protect sites for the storage, extraction and processing of mineral and aggregate resources within the framework of Goal 5 and its implementing administrative rules. 12. If the Goal 5 process does not identify resources or uses which conflict with inventoried mineral and aggregate resource sites, such resource sites, whether or not they are actively being utilized at the time of plan amendment, shall be zoned SM. 13. If conflicting resources or uses are identified through the Goal 5 process, a mineral and aggregate resource site shall be zoned SM if it is determined to be of such importance relative to conflicting resources or uses as to require protection. Uses which would interfere with the present or future use of the SM site shall not be allowed, or shall be limited so as not to preclude use of the SM site, until the mineral and aggregate resource has been depleted. 14. SM zoning shall be prohibited in critical and sensitive resource areas (such a fish and wildlife habitats, wetlands and riparian areas, recreation and open space areas, and archaeological and historic sites) when such areas and resources have been evaluated in light of all comprehensive plan goals and policies, and are determined through the Goal 5 process to conflict with the SM site and to be of such importance relative to an inventoried mineral and aggregate resource site as to require complete protection. 15. Although extraction of mineral and aggregate resources is considered by this plan to be a transitional land use, interim uses (prior to extraction) and secondary uses (after depletion) compatible with the development of lands in the impact area of an SM site shall be designated as allowed uses on SM sites. Such interim and secondary land uses shall be Chapter 2: Resource Management – Surface Mining _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-52 Draft 5-14-08 identified prior to extraction so uses inconsistent with the plan are avoided. 16. As part of the periodic review, the County will evaluate the economic, social, environmental and energy (ESEE) consequences of conflicting resources identified as significant Goal 5 resources in the ESEE analysis for surface mining sites and will develop programs(s) to achieve the Goal (OAR 660, Division 16). The ESEE analysis and program(s) for protecting each 'significant' Goal 5 resource will be consistent with the ESEE analysis and OAR 660, Division 16. If upon further examination, the County determines that a resource, described as a conflicting resource in an ESEE analysis for a 3(b) or 3(c) surface mining site is not a "significant" Goal 5 resource or that the level of protection is not consistent with the level of protection for the conflicting resource adopted under a surface mining ESEE analysis, the County will re-evaluate its ESEE analysis to be consistent with the new determination for the conflicting Goal 5 resource. Consistent with OAR 660, Division 16, the County will reconsider its decisions pursuant to any revised ESEE analysis for surface mining sites. Where impacts upon a Goal 5 resource are identified as a social consequence of conflicting residential uses (e.g., scenic and wildlife amenities or rural lifestyles) and the amenities are not identified as significant Goal 5 resources conflicting with the mining site, the evaluation process described above is not required to be undertaken. The County will document the reason for not conducting the evaluation described above. Surface Mining Operations. 17. Uses permitted outright or conditionally in the SM zone shall include: a. Extraction, processing and storage of mineral and aggregate resources; and b. Necessary ancillary activities related to the uses listed in Policy 17(a) above. 18. If timber or other similar renewable resources are identified in the Goal 5 process as existing on an SM site, the utilization of such other resources before use of the mineral and aggregate resources shall be encouraged. 19. Extraction and processing of mineral and aggregate resources shall be conducted in accordance with all applicable County, state and federal standards. 20. Increased setbacks, insulation, screening and other similar conditions, required as a result of a site-specific Goal 5 ESEE analysis, shall be required for approval of any new residential, recreational or other conflicting development or use on lands in the impact area of SM sites. 21. The County may establish additional standards and procedures to minimize visual impact, noise, air and water pollution, natural and operating hazards and other environmental impacts of the extraction and processing of the impact area, where required as a result of a site- Chapter 2: Resource Management – Surface Mining ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-53 specific Goal 5 ESEE analysis. The County shall adopt and apply more stringent operating standards, if required by a site-specific Goal 5 ESEE analysis, where lands in the impact area are zoned residential, landscape management, wildlife or other similar overlay zones, or where such impact area has particularly sensitive resources or uses identified in the comprehensive plan, such as wildlife nesting or spawning sites or intensive recreational uses. 22. Where operating standards and procedures are established for a surface mining site through a site-specific ESEE analysis, and such site-specific standards and procedures conflict with standards and procedures in the surface mining provisions of the County's zoning ordinance, the standards and procedures in the site-specific ESEE analysis shall control. 23. Surface mining sites which on the effective date of this Ordinance have a valid permit or exemption from the State Department of Geology and Mineral Industries (DOGAMI) and/or the County shall be registered with the County. Once registered, such sites shall be subject to the standards and procedures in the site-specific ESEE analysis and/or the surface mining provisions of the County's zoning ordinance only when the surface mining activity on such sites is expanded beyond the boundaries of the area covered by the existing DOGAMI and/or County permit or exemption. 24. Mineral and aggregate resource sites zoned SM, except those with a valid DOGAMI permit or exemption and/or County permit on the date that SM zoning is applied, shall not be operated for extraction or processing unless a site plan and reclamation plan, including mitigation measures where required, have been approved in writing by the County and DOGAMI, respectively. Site plans shall be developed with citizen participation. Site plans shall, at a minimum, comply with all DOGAMI reclamation plan requirements, and may include additional requirements. 25. Identified conflicts between mineral and aggregate resource sites and resources and uses in the impact area where the conflicting resources and uses have been determined to be of equal importance relative to the mineral and aggregate resource, shall be minimized by plans developed under the Goal 5 conflict resolution process and which utilize methods including, but not limited to: a. Requiring the surface mining operator to comply with all applicable requirements of County, state and federal agencies; b. Planning the development of lands in the impact areas so as to minimize disruptions in the beneficial use of both the mineral and aggregate resource and the uses in the impact area. c. Imposing appropriate conditions on land use permits and approvals. 26. Extraction of mineral and aggregate resources for non-commercial uses shall conform to the same environmental and regulatory standards as are applicable to commercial operators, when necessary to protect land Chapter 2: Resource Management – Surface Mining _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-54 Draft 5-14-08 uses adjacent to the resource site. On lands not zoned SM, such non- commercial extraction may be allowed as a conditional use. 27. The County shall have the authority to enforce conditions of approval and provisions of the County zoning ordinances, and to the extent otherwise provided by law, the regulations of other governmental agencies, relating to the extraction and processing of mineral and aggregate resources, and the reclamation of surface mining sites, to prevent violations thereof. Non-Goal 5 Aggregate Resources. 28. The County shall develop a mineral and aggregate resource list that includes mineral resource sites exclusive of those intended for protection under Goal 5. 29. A mineral and aggregate resource site may be placed on the inventory when the following conditions are met. a. A report is provided verifying the location, type and quantity of the resource. b. The mineral and aggregate resource does not meet the Goal 5 significance criteria listed in OAR 660-023-0180(3) for a significant mineral and aggregate site. 30. Mineral and aggregate resource sites listed on the non-significant inventory shall not be operated for extraction unless a conditional use permit, including mitigation measures where required, has been approved by the County. Chapter 2: Resource Management – Surface Mining ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-55 Surface Mining Surface Mining Surface Mining Surface Mining Background In 1979, the mining of mineral and aggregate resources was considered an important local industry. The removal of non-renewable resources, such as pumice, cinders, building stone, sand, gravel and crushed rock, provided employment as well as products important to local economic development. Yet, the increasing demand for mineral and aggregate resources led mining operations to come into direct conflict with adjacent land uses, particularly residential uses. Surface mines are often incompatible with residential areas because of their environmental impacts. This condition can be aggravated by delayed or incomplete reclamation of the land. Both the population and the demand for resources were expected to grow, leading to increased conflicts between surface mines and residential communities. A balance was needed between allowing the mining of identified aggregate resources and protecting residents from its impacts. Mineral and Aggregate Demand and Inventory When this plan was adopted a thorough analysis of historic and projected demand for, and supply of, mineral and aggregate resources was completed. The demand numbers were updated in the 1990s, based on population projections at that time. As of 2008 the demand numbers are outdated and of minimal use. Unlike the projected demand, the supply inventory of mineral and aggregate sites has been continuously updated and can be found in the following table. PPrrooffiillee TThhiiss SSeeccttiioonn iimmpplleemmeennttss ppaarrtt ooff SSttaattee PPllaannnniinngg GGooaall 55:: OOppeenn SSppaacceess,, SScceenniicc aanndd HHiissttoorriicc AArreeaass aanndd NNaattuurraall RReessoouurrcceess Chapter 2: Resource Management – Surface Mining _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-56 Draft 5-14-08 Goal 5 Inventory – Mineral and Aggregate Sites Site # Legal Description Name Type Quantity* Quality Access/Location 246 11010-00-00205, 207, 300, 302, 303 Tewalt S & G 10,000 Good Hwy 20 248 151012-00-00100 Cyrus Cinders 30.2 M Excellent Cloverdale Road 249 151025-00- 02502,2505 RL Coats Rock 250,000 ODOT specs 251 151211-D0- 01400,151214-A0- 00800 Cherry S & G 125,000 Good 252 151200-0- 04700,04701 Thornburgh Rock 2.5 M Good 271 151036-00-00800 Deschutes County S & G 2 M Mixed Harrington Loop Rd. 273 151117-00-00100 Deschutes County S & G 75,000 Excellent Fryrear Rd/ Redmond- Sisters 274 151117-00-00700 Deschutes County S & G Excellent Fryrear Rd. 275 151100-00-02400 Deschutes County S & G 175,000 Good Fryrear Landfill 277 151011-00-01100 Oregon State Hwy S & G 100,000 ODOT Specs 278 151140-A0-00901, 151211-D0-01200 State of Oregon S & G 18,000 ODOT Specs 282 171000-00-00100 Crown Pacific Cinders 100,000 Fair 283 171000-00-00100 Crown Pacific Cinders 50,000 Fair 288 171111-00-00700 Tumalo Irrigation S & G 250,000 Good 292 171112-00-00900 RL Coats S & G 326,000 ODOT Specs 293 17112-00-00500, 600, 700, 800 RL Coats S & G 3 M ODOT Specs 294 171113-00-00817 Bend Aggregate S & G 777,000 Excellent Klippel Acres/Bend 296 171100-00-02702 Crown Pacific Cinders 100,000 Excellent Shelvin Park/Johnson Rd. 297 171123-00-00100 Crown Pacific Cinders 60,000 Johnson Rd/Tumalo 303 171207-00-00300 Cascade Pumice Pumice 750,000 Good 303 171207-00-00300 Cascade Pumice S & G 10,000 Good 313 171433-0-00600 Deschutes County S & G 100,000 Good 313 171433-0-00600, 120 Deschutes County Storage Dodds Rd./Alfalfa 314 171332-00-01100 Deschutes County Dirt 150,000 Good 315 140900-00-02100 Stott Rock 93,454 tons ODOT Specs Hwy. 20 316 140900-00-00202 Black Butte Ranch S & W 7 M Good 317 140900-00-01300 Willamette Ind Cinders 1.2 M Good 322 141200-00-01801 Fred Gunzner S & G 1.5 M Mixed Lower Bridge /Terrebonne Chapter 2: Resource Management – Surface Mining ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-57 Goal 5 Inventory – Mineral and Aggregate Sites Site # Legal Description Name Type Quantity* Quality Access/Location 322 141200-00-01801 Gunzner Diatomite 500,000 Good Lower Bridge /Terrebonne 324 141200-00-00702 ODVA S & G 490,000 Good Lower Bridge /Terrebonne 326 141236-00-00300, 301 US Bank Trust S & G 1.5 M Good 330 141328-00-00702, 703 Larry Davis Cinders 50,000 Good 331 141329-00-00100, 103 Ed Moore Cinders 100,000 Good 332 141329-00-00102 RL Coats Cinders 2 M Good Northwest Way /Terrebonne 333 141329-00-00104 Robinson Cinders 2.7 M Good 335 141333-00-00890 Erwin Cinders 100,000 Excellent Pershall Way/Redmond 336 141333-00-00400, 500 US Bank Trust Cinders 4.5 M Good Cinder Butte/Redmond 339 141132-00-01500 Deschutes County Dirt 200,000 Fill Goodard Loop/Bend 341 161000-00-00106 Young & Morgan S & G 1 M Good 342 220900-00-00203 Crown Pacific Cinders 200,000 Good 345 161000-00-01000 Crown Pacific Cinders 50,000 Good 346 161000-00-01000 Crown Pacific Cinders 50,000 Good 347 161101-00-00300 Deschutes County Dirt 10,000 Good 351 161112-00-01401, 1700, 2000 Gisler/Russell Cinders 150,000 Good Innes Mkt/Innes Butte 357 161136-D0-00100, 161100-00-10400, 10300 Tumalo Irrigation Cinders 1 M Johnson Rd/Tumalo 357 161136-D0-00100, 161100-00-10400, 10300 Tumalo Irrigation S & G 500,000 Good 357 161136-D0-00100, 161100-00-10400, 10300 Tumalo Irrigation Pumice 500,000 Good 358 161231-D0-01100 Gisler S & G 100,000 ODOT Specs Hwy. 20/Tumalo 361 161222-C0-02800 Oregon State Hwy Cinders 700,000 Good 366 161230-00-00000 Oregon State Hwy S & G 40,000 ODOT Specs 368 161220-00-00200 Bend Aggregate S & G 570,000 Excellent Twin Bridges/Tumalo 370 161231-D0-00400 Bend Aggregate Plant Site Storage 379 181100-00-01600 Oregon State Hwy S & G 500,000 ODOT Specs 381 181125-C0-12600, 181126-00-01600 Pieratt Bros Cinders 50,000 Good 390 181214-00-00500, 100 Deschutes County Dirt 2 M Landfill Chapter 2: Resource Management – Surface Mining _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-58 Draft 5-14-08 Goal 5 Inventory – Mineral and Aggregate Sites Site # Legal Description Name Type Quantity* Quality Access/Location 391 181221-00-00200 Central Or Pumice Cinders 500,000 Good 392 181223-00-00300 Rose Rock 10 M Est Mixed 392 181223-00-00300 Rose Dirt 7.5 M Good 393 181225-00-01400 LT Contractors Cinders 12.5 M Good Arnold Mkt Rd/SE of Bend 394 181200-00-04400, 04411 Windlinx Cinders 270,000 Course Hwy 97/South of Bend 395 181200-00-04300 Oregon State Hwy Cinders 100,000 Good 400 181300-00-04501, 04502 Eric Coats S & G 2.5 M ODOT Specs 404 191400-00-00200 Moon S & G 1.3 M Good 404 191400-00-00200 Moon Rock 800,000-2 M Good Hwy 20/East of Bend 405 191400-00-00600 Oregon State Hwy Aggregate 50,000 ODOT Specs 408 191600-00-01500 RL Coats S & G 3 M Good 413 201500-00-01400 Deschutes County S & G 30,000 Good/ Excellent Hwy 20/ East of Bend 414 201500-00-01500 Deschutes County S & G 30,000 Good/ Excellent Hwy 20/ East of Bend 415 201716-00-00700 Deschutes County S & G 30,000 Good/ Excellent Hwy 20/ East of Bend 416 201716-00-00200 Deschutes County S & G 30,000 Good/ Excellent Hwy 20/ East of Bend 417 201716-00-00900 Deschutes County S & G 30,000 Good/ Excellent Hwy 20/ East of Bend 418 201716-00-01000 Deschutes County S & G 30,000 Good/ Excellent Hwy 20/ East of Bend 419 201716-00-01300 Deschutes County S & G 30,000 Good/ Excellent Hwy 20/ East of Bend 421 212000-00-00900 RL Coats S & G 500,000 Excellent Hwy 20/Tumalo 423 211106-C0-00700 Ray Rothbard S & G 100,000 Good 426 211100-00-00702 La Pine Redi- Mix S & G 1 M Good 427 211100-00-00701 Bill Bagley S & G 40,000 Good 431 221100-00-00600 Russell Cinders/ Rock 12 M/1.2 M Good Finley Butte 432 221100-00-00500 State of Oregon Cinders 160,000 Good 433 211300-00-00101 La Pine Pumice Lump Pumice 10 M Excellent 441 150903-00-00300 Willamette Ind S & G 11 M Good 442 150909-00-00400 Willamette Ind S & G 6 M Good 443 150917-00-00600 Willamette Ind Rock 150,000 Fair 453 161209, 10-00-00600, 301 Robert Fullhart S & G 704,000 ODOT Specs 459 141131-00-05200 Deschutes County Cinders 50,000 Good Chapter 2: Resource Management – Surface Mining ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-59 Goal 5 Inventory – Mineral and Aggregate Sites Site # Legal Description Name Type Quantity* Quality Access/Location 461 141300-00-01500, 1501, 1502, 1503, 1505 Nolan S & G 350,000 Good 461 141200-00-01501, 1502, 1503, 1505, 1600 Franklin Nolan Diatomite 2 M Good 465 141333-00-00900 Oregon State Hwy Cinders 10,000 Good 466 141333-00-00600 Fred Elliott Cinders 5.5. M Good 467 141333-00-00601 Knorr Rock Co Cinders 5 M Good 469 141131-00-00100 Deschutes County Cinders 2 M Fair 475 151012-00-00600 Deschutes County Cinders 200,0000 Good Cloverdale Rd 482 151300-00-00103 Deschutes County Dirt 2 M Good Negus Landfill 488 161230-00-00100, 600, 2000, 2100 Bend Aggregate S & G 400,000 ODOT Specs 496 191400-00-00500 Taylor S & G 1.8 M Mixed Hwy 20 498 191400-00-02200 Oregon State Hwy S & G 200,000 ODOT Specs 499 191533-00-00200 Oregon State Hwy S & G 50,000 ODOT Specs 500 191500-00-00099 Oregon State Hwy S & G 130,000 ODOT Specs 501 191500-00-01600 Oregon State Hwy S & G 50,000 ODOT Specs 503 191600-00-01300 Oregon State Hwy S & G 200,000 ODOT Specs 505 201600-00-00400 Oregon State Hwy S & G 275,000 ODOT Specs 506 201600-00-00600, 700, 800 Oregon State Hwy S & G 36,000 ODOT Specs 508 201700-00-01000 State of Oregon S & G 100,000 ODOT Specs 515 201801-00-00100 Oregon State Hwy S & G 100,000 ODOT Specs 522 211900-00-01000 Oregon State Hwy S & G 300,000 ODOT Specs 524 212000-00-01900 Oregon State Hwy S & G 300,000 ODOT Specs 528 222110-00-00600 Oregon State Hwy S & G 45,000 ODOT Specs 529 221100-00-00300 Oregon State Hwy S & G 31,000 ODOT Specs 533 222100-00-00800 Oregon State Hwy S & G 1 M ODOT Specs 541 141035-00-02000, 2100, 2200, 2300, 2400, 2500, 2600 Cyrus Aggregate 528,000 Good Inc Portions of TL 1800/1900 542 151001-00-02700 Swarens Aggregate 80,000 Good 543 151013-00-00100 Cyrus Aggregate 1.1 M Good 600 191400-00-00700 Robinson S & G 3.8 M Good Hwy 20/East of Bend Chapter 2: Resource Management – Surface Mining _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-60 Draft 5-14-08 Goal 5 Inventory – Mineral and Aggregate Sites Site # Legal Description Name Type Quantity* Quality Access/Location 601 211100-00-00700 La Pine Redi Mix S & G 479,000 DEQ Specs Paulina Lake Rd * Quantity in cubic yards unless noted Non-Significant Inventory – Mineral and Aggregate Sites Site # Legal Description Name Type Quantity Comments 100 15-10-13-700 Whychus (Squaw) Creek Irrigation District – Watson Reservoir I Silt, Sand, Dirt 200,000 cy Reservoir size is 80 acres 101 15-10-13-700 Whychus (Squaw) Creek Irrigation District – Watson Reservoir II Sand, Dirt 600,000 cy Reservoir size is 40 acres 102 14-11-33-500 Whychus (Squaw) Creek Irrigation District - McKenzie Reservoir Silt, Sand, Dirt 100,000 cy Reservoir size is 12 acres 103 14-11-33-500 Whychus (Squaw) Creek Irrigation District – McKenzie Reservoir Expansion Sand, Dirt 250,000 to 300,000 cy Reservoir expansion size is 20 acres Chapter 2: Resource Management – Historical and Cultural ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-61 Historic and Cultural Historic and Cultural Historic and Cultural Historic and Cultural (see also the Deschutes River Corridor section on page 2-25 for additional goals and policies) Goal 1. To preserve and protect historic and cultural resources of Deschutes County. To achieve the identified goal a number of policies were developed. These policies reflect concerns that there be a specific agency responsible for protecting historic and cultural resources and that the agency's specific authority and duties needed to be identified. Also, that appropriate means by which the new agency, the cities and the County could protect the resources had to be found. Policies 1. A joint Cities/County Historical Landmarks Commission shall be created by the incorporated cities and Deschutes County. The joint commission is meant to assure greater coordination in regard to identifying historical and cultural resources, protecting those resources, being fully representative of the various communities, serving in an advisory capacity to all local governing bodies and their agents, as well as promoting greater efficiency and better information in protecting the resources. The duties of the commission would be to: a. Create a local register and priority value for historic and cultural resources of the County. b. Review applications for designation of historical sites. c. Advise governing bodies on ordinances and permits for demolition or alteration of historic or archeological sites. d. Advise and help resolve land use conflicts affecting such resources. e. Devise standards for historical markers. 2. Preservation of historic and cultural sites of high priority rating or that have been identified on the Deschutes County Inventory of Historical Places should take precedence over other developmental uses. 3. Emphasis shall be on preservation of the exterior appearance of historic buildings. Interior modifications and exterior changes compatible with the continued maintenance of the historic appearance of the structure shall be approved upon such findings of compatibility by the Historic Landmarks Commission. 4. Plans for the protection of an identified historic or cultural site shall be GGooaallss && PPoolliicciieess GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Historic and Cultural _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-62 Draft 5-14-08 submitted to the Historic Landmarks Commission for approval with any application for subdivision or development of such site or area. 5. Incentives should be developed to encourage private preservation and utilization of historical resources. 6. Redevelopment, Neighborhood Improvement Projects and other similar mechanisms shall be encouraged for areas of significant historical or architectural interest. 7. If funding is available, the County shall complete the Goal 5 process required for the Tumalo Grange, Terrebonne Grange, Central Oregon Irrigation District (numerous locations) and Rock O’ the Range Bridge sites in accordance with OAR 660-16 by the end of the 1994-95 State Historic Preservation Office grant period. Chapter 2: Resource Management – Historical and Cultural ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-63 Historic and Cultural Historic and Cultural Historic and Cultural Historic and Cultural Background Deschutes County's rural area represents a proud heritage of exploration, settlement and agriculture. Deschutes County's countryside is a rich and descriptive historical document that tells us how generations of people from vastly different backgrounds adapted to and exploited a land of lakes and rivers, mountains and hills, forests and high deserts. As part of that heritage, buildings teach us valuable lessons. They show us how and why the area developed and what building materials were available. The ways in which they were constructed tell us about their functions and the influence of the land and elements. In addition to buildings, significant information is provided by rock shelters, cemeteries and individual graves, ranches, trails, wagon train routes, islands, townsites, mill sites, fish hatcheries, river crossings, bridges, canals, dams, historic roads and other unique resources. In 1979 when this plan was adopted, historic and cultural areas were identified as lands with sites, structures or objects with local, regional, statewide or national historical significance or that refer to an area characterized by evidence of an ethnic, religious or social group with distinctive traits, beliefs or social forms. At the time, rapid growth and the subsequent loss of such sites and areas made the protection of the County's important historic and cultural resources locally significant. The program and policies recommended by the Historic and Cultural Areas Citizen's Advisory Committee received support and approval throughout the committee reviews and public hearings and changed little during the planning process. As originally adopted, this plan included goals and policies for protection of historic resources as well as provisions that the County establish a Historical Landmarks Commission and adopt an ordinance to protect designated historic sites. Approximately 140 “potential historic sites” were identified and listed based on information provided by the Oregon State Historic Preservation Office and the Deschutes County Historical Society along with input provided by the Historic and Cultural Areas Citizen Advisory Committee. The Citizen’s Advisory Committee wrote a goal PPrrooffiillee TThhiiss SSeeccttiioonn iimmpplleemmeennttss ppaarrtt ooff SSttaattee PPllaannnniinngg GGooaall 55:: OOppeenn SSppaacceess,, SScceenniicc aanndd HHiissttoorriicc AArreeaass aanndd NNaattuurraall RReessoouurrcceess Chapter 2: Resource Management – Historic and Cultural _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-64 Draft 5-14-08 and set of policies based on the following findings: 1. Public awareness of our history and cultural background has been and will continue to be an important source of knowledge, pride, education and enjoyment for this and future generations. 2. Rapid growth and development make it imperative that the County's historic and cultural resources be identified and protected. 3. Lack of private owner incentive for preservation has led to historic site deterioration or loss. 4. Inventorying, assessment and recording of historic and cultural resources are an ongoing process which must be kept current, particularly in the face of rapid growth and development. 5. Properly preserved and utilized historical or cultural resources enhance the economy of the area. 6. There exist State and Federal laws which protect cultural resources from disturbance or distraction and in light of the chosen alternative which seeks to enhance cultural amenities as well as housing policies encouraging housing rehabilitation, the citizens committee accepted the recommended goal. Subsequent Actions On September 17, 1980 the Board of County Commissioners adopted Ordinance PL-21, which established a Historical Landmarks Commission. This ordinance set forth a designation process and provided for regulation of additions, exterior alterations and demolitions of designated structures and landmarks. PL-21 was subsequently amended by Resolution 82-001. In September 1981 Oregon Administrative Rules, Chapter 660, Division 16, established the Goal 5 Rule for a wide variety of resources, including historic and cultural resources. The Rule was later revised, but still regulates historic and cultural resources. From 1983 to 1985 the Historical Landmarks Commission systematically evaluated nearly 300 potential historical sites, approximately half of which were newly identified sites with little or no previous information. Sites found to be significant were recommended to the Board of County Commissioners for historic designation. In this process, potential conflicting uses were identified through discussions with property owners during site visits and through testimony in public hearings. The analysis required under Goal 5 was prepared by staff and decisions regarding how each site was to be protected were made by the Commission. Certain sites required additional analysis regarding significance, conflicting uses and other Goal 5 requirements. Analysis for those sites was postponed to a later date. In 1988 PL-21 was amended by the Historic Preservation Ordinance - Ordinance 88-008. This ordinance was developed as the County's Goal 5 Chapter 2: Resource Management – Historical and Cultural ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-65 program. The ordinance outlines designation of historic buildings, sites and districts. It also defines standards and procedures for additions, exterior alterations and demolitions, reviews of redevelopment and neighborhood improvement projects, inventory processes and other functions and duties. Historic designation hearings were to be held before the Historical Landmarks Commission with final action the Board of County Commissioners approval of a text amendment to the Comprehensive Plan. In 1990 the Historical Landmarks Commission initiated another site review, similar to that done from 1983 to 1985. Over 100 sites in the County and cities that had been identified between 1983 and 1985 were reviewed. Of 54 sites in the unincorporated area, three were recommended for historic designation. On December 18, 1991 the Board of County Commissioners held the initial public hearing to consider designating sites recommended by the Historic Landmarks Commission under the Goal 5 Rule. On March 18, 1991 the Board designated as historic those sites found significant that lie within the unincorporated area and outside of lands managed by the United States Forest Service and the Bureau of Land Management. Since 1997, all historic and cultural designations are initiated by the property owners through the Comprehensive Plan text amendment process. One property was added in 2005. The following list contains a current inventory of historic resources. Chapter 2: Resource Management – Historic and Cultural _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-66 Draft 5-14-08 Goal 5 Inventory - Historic resources. 1. Alfalfa Grange: Grange building and community center, built in 1930, located on Willard Road, Alfalfa. 17-14-26 TL 400. 2. Allen Ranch Cemetery: Oldest cemetery in Deschutes County. 30’ by 40’ fenced cemetery plot. Situated 100 yards west of South Century Drive, one-half mile south of Road 42. Two marble gravestones, two wooden markers. 20-11-7 TL 1300. 3. Fall River Fish Hatchery “Ice House”: The hatchery “Ice House” dates from the beginning of fishery management in Oregon, circa 1920. It is an 18 foot by 18 foot improvement, the only original building remaining on the property, and the only significant building or structure on the site. Located at 15055 S. Century Drive, E½; NE¼; Section 3 2, Township 20S, Range 10 E, Tax Lot 100. (Ordinance 94-006 §1, 1994). 4. Long Hollow Ranch – Black Butte: Headquarters complex of historic ranch, located on Holmes Road in Lower Bridge area, including headquarters house, ranch commissary, equipment shed, barn and bunkhouse. 14-11-1 TL 101. 5. Swamp Ranch – Black Butte: The present day site of the Black Butte Ranch was part of the vast holdings of the Black Butte Land and Livestock Company in 1904. No buildings from the period exist. 14-9- 10A, 10B, 15B, 15C, 16A, 21A, 21B, 21C, 22A, 22B. 6. Brothers School: Only one-room schoolhouse currently in use in Deschutes County, located on Highway 20 in Brothers. 20-18-00 TL 3200. 7. Bull Creek Dam: The Bull Creek Dam, a component of the Tumalo Irrigation Project was constructed in 1914 to form a water storage reservoir to increase the amount of irrigated acreage at Tumalo. It is a gravity type of overflow dam. Two cut off walls are extended into solid formation, one at the upper toe and the other at the lower toes of the concrete dam. The dam proper is about 17 feet high from the foundation, although the completed structure is about 25 feet. Located on Tumalo Reservoir-Market Road. 16-11-33 TL 2700 SW-¼; SW-¼. 8. Bull Creek Dam Bridge (Tumalo Irrigation Ditch Bridge): Built in 1914, the bridge, which spans the dam, consists of five continuous filled spandrel, barrel-type concrete deck arch spans, each 25 feet long. The concrete piers are keyed into notches in the arch structure. The structure is the oldest bridge in Deschutes County. On Tumalo Reserve-market Road. 16-11-33 TL 2700/ SW-¼; SW-¼. 9. Camp Abbot Site, Officers’ Club: Officers’ Club for former military camp, currently identified as Great Hall in Sunriver and used as a meeting hall. 20-11-5B TL 112. 10. Camp Polk Cemetery: One of the last remaining pioneer cemeteries, located off Camp Polk Road near Sisters. The site is composed of a tract of land, including gravestones and memorials, containing 2.112 acres in Chapter 2: Resource Management – Historical and Cultural ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-67 the Southwest Quarter of the Southeast Quarter of Section 27, Township 14 South, Range 10 E.W.M., TL 2100, described as follows: Beginning at a point North 20 degrees 06’ 20” West 751 feet from the corner common to Sections 26, 27, 34 and 35 in Township 14 South Range 10 E.W.M. and running thence South 88 degrees 30’ West 460 feet; thence North 1 degree 30’ East 460 feet; thence South 1 degree 30’ 200 feet to the point of beginning. 11. Camp Polk Military Post Site: One of the oldest military sites in Deschutes County. Located on Camp Polk Cemetery Road. Site includes entire tax lots, listed as follows 14-10-34 TL 100, 300. 12. Cline Falls Power Plant: Early hydropower site on the Deschutes River, located off Highway 126 on White Rock Road west of Redmond. Site includes dam, penstock and powerhouse. 15-12-14 TL 901. 13. Cloverdale School: One-room school building in Cloverdale, located near 68515 George Cyrus Road. First building built in Cloverdale. 15-11-7 TL 600. 14. Eastern Star Grange: Grange hall for earliest grange organized in Deschutes County, located at 62850 Powell Butte Road. 17-13-19 TL 1900. 15. Enoch Cyrus Homestead Hay Station and Blacksmith Shop: The Enoch Cyrus Homestead was the original homestead of Oscar Maxwell, built in 1892 and purchased in 190 by Enoch Cyrus. Important stage/store stop for early travelers. The homestead house, including a back porch and cistern, and the Blacksmith Shop are designated. 15-11-10 TL 700. 16. Fremont Meadow: A small natural meadow on Tumalo Creek in Section 34, Township 17 South, Range 11 East, lying within Shevlin Park. TL 5900. Campsite for 1843 Fremont expedition. 17-11-34 TL 5900. 17. Harper School: One-room schoolhouse, located west of South Century Drive, south of Sunriver, moved halfway between the Allen Ranch and the Vandevert Ranch from the former townsite of Harper. 20-11-17 TL 1900. 18. Improved Order of Redmond Cemetery: Historic cemetery used by residents of La Pine/Rosland area. Located on Forest Road 4270, east of Highway 97. A 40-acre parcel described as: The Southwest one- quarter of the Southeast one-quarter (SW-¼; SE-¼) Se ction 7, Township 22 south, Range 11, East of the Willamette Meridian, Deschutes County, Oregon. 19. Laidlaw Bank and Trust: One of the few remaining commercial buildings from the community of Laidlaw, located at 64697 Cook Avenue, Tumalo. 16-12-31A TL 2900. 20. La Pine Commercial Club: Building was built in 1912 as a community center, serving as a regular meeting place for civic organizations and occasionally served as a church. One of the oldest and continuously used buildings in La Pine. Located at 51518 Morrison Street, La Pine. 22-10-15AA TL 4600. 21. Lynch and Roberts Store Advertisement: Ad advertising sign painted on Chapter 2: Resource Management – Historic and Cultural _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-68 Draft 5-14-08 a soft volcanic ash surface. Only area example of early advertising on natural material. Lynch and Roberts established mercantile in Redmond in 1913. Roberts Field near Redmond was named for J. R. Roberts. Site includes the bluff. 14-12-00 TL 1501. 22. Maston Cemetery: One of the oldest cemeteries in County. Oldest grave marker is 1901. About one-half mile from site of Maston Sawmill and Homestead. Site includes the gravestones and memorials and the entire tax lot, identified as 22-09-00 TL 1800. 23. George Millican Ranch and Mill Site: Ranch established in 1886. Well dug at or near that date. Remains of vast cattle ranching empire. 19-15- 33 TLs 100, 300. 24. George Millican Townsite: Town established 1913. Site includes store and garage buildings, which retain none of the architectural integrity from era. 19-15-33 TL 500. 25. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. A residence house and museum are part of the site. The site has been a tourist attraction for over 60 years. Located at 7930 SW 77th, Redmond. Site includes entire tax lot. 16-12-11 TL 400. 26. Pickett’s Island: After originally settling in Crook County, Marsh Awbrey moved to Bend and then homesteaded on this island in the Deschutes River south of Tumalo. The site was an early ford for pioneers. Located in Deschutes River near Tumalo State Park. 17-12-6 NE-¼ TL 100. Portion between Deschutes River and Old Bend Road is designated. 27. Rease (Paulina Prairie) Cemetery: Historic cemetery on Elizabeth Victoria Castle Rease and Denison Rease’s homestead. Earliest known grave is of their son, George Guy Rease, born in 1879, who was also a homesteader on Paulina Prairie. George Guy Rease died of smallpox on the Caldwell Ranch on May 2, 1903. Other known burials are William Henry Caldwell, 1841-October 15, 1910, died on the Caldwell Ranch of injuries sustained on a cattle drive; Melvin Raper, 1892-1914, died in a tent of tuberculosis; Addie Laura Caldwell, 1909-November 16, 1918, died of the Spanish influenza epidemic; and Emma Nimtz Deedon, 1886- April 15, 1915, died of complications from a pregnancy. There are several unmarked graves. The cemetery is a county-owned one-acre parcel on the north edge of Paulina Prairie, two miles east of Highway 97. 210-11-29, SE-¼; NW-¼ TL 99. 28. Terrebonne Ladies Pioneer Club: The Club was organized in 1910. The building has been a community-meeting place since 1911. Located at 8334 11th Street, Terrebonne. 14-13-16DC TL 700. 29. Tetherow House and Crossing: Site is an excellent example of an early Deschutes River crossing. Major route from Santiam Wagon Road to Prineville. Tetherow House was built in 1878. The Tetherows operated a toll bridge, store and livery stable for travelers. Oldest house in County. Site includes house and entire tax lot. 14-12-36A TL 4500. 30. Tumalo Creek – Diversion Dam and Headgate of Feed Canal: Chapter 2: Resource Management – Historical and Cultural ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-69 Constructed in 1914, the Feed Canal’s purpose was to convey water from Tumalo Creek to the reservoir. The headworks of the Feed Canal consist of a low overflow weir dam, 94.2 feet in length. The entire structure is of reinforced concrete. 17-11-00 TL 5900. 31. Tumalo Community Church: The building is the oldest church in the County, built in 1905. It stands in the former town of Laidlaw, laid out in 1904. Located at 64671 Bruce Avenue, Tumalo. 16-12-31A TL 3900. 32. Tumalo Project Dam: Concrete core, earth-filled dam 75 feet high. First project by State of Oregon to use State monies for reclamation project. On Tumalo Creek. 16-11-29. 33. William P. Vandevert Ranch Homestead House: The Vandevert Ranch House stands on the east bank of the Little Deschutes River at 17600 Vandevert Road near Sunriver. The homestead was established in 1892, and has been recently relocated and renovated. Vandevert family history in the area spans 100 years. 20-11-00 TL 1900. 34. Kathryn Grace Clark Vandevert Grave: Kathryn Grace Vandevert, daughter of William P. Vandevert, died of influenza during the epidemic of 1918. Her grave is located across a pasture due south of the Vandevert House, 50 feet east of the Little Deschutes River. Site includes gravestone and fenced gravesite measuring is approximately 15 feet by 25 feet. 20-11-00 TL 1900. 35. Young School: Built in 1928, it is an excellent example of a rural “one- room” school which served homesteaders of the 1920s. Located on Butler Market Road. 17-13-19 TL 400. 36. Agnes Mae Allen Sottong and Henry J. Sottong House and Barn. House and barn are constructed with lumber milled on the property in a portable sawmill run by the Pine Forest Lumber Company in 1911. Henry was awarded homestead patent 7364 issued at The Dalles on Dec 1, 1904. Henry was president of the Mountain States Fox Farm. A flume on the Arnold Irrigation District is named the Sottong Flume. The structures are also associated with William Kuhn, a president of the Arnold Irrigation District; Edward and Margaret Uffelman, who were part of the group that privatized and developed the Hoo Doo Ski Resort; and Frank Rust Gilchrist, son of the founder of the town of Gilchrist and Gilchrist Mill and president of the Gilchrist Timber Company from the time of his father’s death in 1956 to 1988. Frank R. Gilchrist served on the Oregon Board of Forestry under four governors and was appointed by the governors to serve as a member of the Oregon Parks and Recreation Advisory Committee. He served on the Oregon State University’s Forest Products Research Lab and was a director and president of the National Forest Products Association. T18 R12 Section 22, 00 Tax lot 01600. 37. Inventory note: Unless otherwise indicated the inventoried site includes only the designated structure. No impact areas have been designated for any inventoried site or structure. Chapter 2: Resource Management – Historic and Cultural _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-70 Draft 5-14-08 Sites with insufficient information Central Oregon Irrigation District – numerous locations; Terrebonne Grange - 14-13-16DC TL 700 (south half); Rock O’ the Range Bridge- Bowery Land where it crosses the Swalley Canal; Tumalo Grange - 16-12-31A TL 3900. Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-71 Regional Problem Solving Regional Problem Solving Regional Problem Solving Regional Problem Solving for sou for sou for sou for south Deschutes County th Deschutes County th Deschutes County th Deschutes County (see also the Water Resources Section on page 2-22 and the Deschutes River Corridor section on page 2-25 for additional goals and policies) Goals 1. To preserve water and air quality, reduce wildfire hazards and protect wildlife habitat. 2. To ensure that domestic water derived from groundwater meets safe drinking water standards. 3. To develop an equitable, market-driven system, that reduces the potential development of existing lots in floodplains, wetlands, mule deer migration corridors and areas susceptible to groundwater pollution. 4. To create a new neighborhood, primarily residential in character, between La Pine and Wickiup Junction, that provides services efficiently, sustains economic development and reduces adverse impacts to groundwater quality in South Deschutes County. 5. To explore innovative sewage treatment and disposal methods. Policies 1. The County shall continue to work with landowners, citizens, community organizations and governmental agencies at the local, state and federal level to: a. Continue collaborative work on the Regional Problem Solving project. b. Develop, review and implement land use policies and development standards that will ensure that agreed-upon solutions from the RPS project are enacted to the maximum extent possible. c. Acquire land from the BLM between La Pine and Wickiup Junction, west of Highway 97, to develop as a new neighborhood. d. Conduct feasibility studies regarding development of a new neighborhood. Such studies may include, but are not limited to: a master design plan, development costs and funding options, water and sewer system feasibility, traffic impacts, and zoning codes and governance issues. e. Install and monitor innovative on-site sewage treatment and disposal (septic) systems on privately owned parcels in the RPS project area as part of the La Pine National Decentralized Wastewater Treatment Demonstration Project funded by the U.S. Environmental Protection GGooaallss && PPoolliicciieess Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-72 Draft 5-14-08 Agency and in cooperation with the Oregon Department of Environmental Quality. f. Work cooperatively with the U.S. Geological Survey and Oregon Water Resources Department during well water sampling and analysis to advance three-dimensional groundwater and nutrient fate and transport modeling in the south Deschutes County area. 2. The County shall implement and monitor in accordance with DCC 23.44.030(D), a Transferable Development Credit program as a means to redirect potential growth away from residential lots in subdivisions throughout the region into the La Pine Neighborhood Planning Area. The County shall establish a TDC Review Committee to assist in analyzing and recommending any changes deemed appropriate to the TDC program. 3. The County shall continue to evaluate means to reduce nitrate loading from on-site sewage disposal systems by exploring innovative on-site sewage treatment and disposal technology, retrofitting of existing substandard or inappropriately located disposal systems, expansion of sewer systems, development of standards such as an effective lot area or variable lot area requirements, or other measures that will accomplish the goals. 4. New residential subdivisions and partitions in the La Pine Urban Unincorporated Community shall be connected to a community water system and either the La Pine Special Sewer District sewage treatment system or a community waste water treatment facility that meets Oregon Department of Environmental Quality standards. be processed in the same manner as other quasi-judicial plan or zoning map changes. Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-73 Regional Problem Solving for Regional Problem Solving for Regional Problem Solving for Regional Problem Solving for south Deschutes County south Deschutes County south Deschutes County south Deschutes County Background This chapter was added to the Comprehensive Plan in 1998 in response to potential water quality issues that were identified in south Deschutes County. It has not been amended as part of the 2008 tune-up of this plan because as of 2008, there was an active and on-going public discussion of these issues. Overview In the 1960s and early 1970s, before statewide planning occurred in Oregon, over 15,000 lots were created in subdivisions platted south of Sunriver. Most of these parcels are less than two acres in size and use on-site septic systems to dispose of sewage. Many of them are located in areas where development is now restricted, such as floodplains, wetlands and areas with a high groundwater table where septic approval is unlikely. Since 1989, Deschutes County has been the fastest growing county in the state on a percentage basis. The rural character, attractive location on or near the Deschutes and Little Deschutes Rivers, and relatively inexpensive land prices in South Deschutes County have led to a burgeoning population. The current estimated population of up to 16,000 residents (over 10,000 permanent) would make this area the second largest city in Oregon east of the Cascades were it incorporated, exceeded only by the city of Bend. Impacts to groundwater, the source of drinking water in this area, air quality, wetlands and mule deer migration and the risks to human life and property from wildfires have increased significantly over time. In 1996, Deschutes County and the Department of Land Conservation and Development recognized that significant consequences could occur from the pattern of development and began a collaborative project known as Regional Problem Solving Project for South Deschutes County. The Regional Problem Solving (RPS) project area encompasses approximately 42 square miles between Sunriver to the north and La Pine to the south, and includes thousands of small-subdivided lots, and some larger parcels, throughout southern Deschutes County. The attached map identifies Study Areas 1, 2 and 3 within the project area. The RPS project area is a landscape with a geologic history that produced sediments of volcanic origin that were deposited in a basin over past eons. These conditions are the result of lava flows from the west (Cascades) and east (Newberry) that periodically dammed and shifted the course of the PPrrooffiillee Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-74 Draft 5-14-08 Deschutes River, creating the La Pine Basin, where the deposition of sediments has occurred, sometimes burying older forests. Volcanic eruptions such as the one at Mt. Mazama (Crater Lake) approximately 6,800 years ago have contributed significantly to the volume of sediment deposited in the basin. The Mt. Mazama eruption is the source of volcanic material that has formed the predominant soil in the area. At an elevation of 4200 feet, the climate in the region is one of cool nighttime temperatures with a short frost-free summer that averages less than 100 days annually and a winter period of five or six months where snow can reside on the ground at any time. The rivers receive significant input from cool spring fed waters. The groundwater is mostly derived from snowmelt in the high Cascades to the west, and is also relatively cool. The development of thousands of small lots in the RPS project area is therefore superimposed upon highly permeable, rapidly draining soils and a high groundwater table with relatively cold-water temperatures. The overwhelming majority of the lots are served by on-site sewage disposal systems (septic systems), including standard drain fields, cap and fill systems, and more recently sand-filter systems. Nitrates, a by-product of septic systems and an indicator of human pathogens, are poorly retained in the fast draining soils and do not easily break down due to the cool groundwater temperature. As a result, loading of nitrates occurs in the shallow groundwater aquifer that underlies this region. The presence of a high level of nitrates is of great concern because this same aquifer is the source of drinking water for the residents in the area. A recent US Geological Survey study of groundwater in Central Oregon concludes that groundwater in the area is connected to nearby surface waters, including the Deschutes and Little Deschutes Rivers. Through the sampling of numerous wells in the RPS project area the Oregon Department of Environmental Quality (DEQ) is predicting that nitrate in the groundwater will approach unsafe levels, principally as a result of the cumulative effect of sewage disposal with on-site septic systems, in the near future. Levels of nitrate are elevated in several localized areas within the RPS project area. However the majority of wells show very low nitrate levels at this time and surface water contamination has not been documented. Due to the existing pattern and density of development DEQ is predicting that nitrate levels will continue to increase over time, even if measures were taken now to alter the development pattern in the RPS project area. If measures are delayed much longer, the consequences could become more serious, possibly resulting in unsafe levels of nitrates in groundwater and drinking water. More definitive information is expected to be available in the next few years, regarding the timing of nitrate movement in groundwater and the overall impact of nitrate from septic systems to groundwater and possible surface water pollution. The DEQ and Deschutes County will complete additional Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-75 groundwater investigations and testing of innovative sewage treatment and disposal systems to reduce the impact on groundwater from nitrogen in household sewage, with grants from the US Environmental Protection Agency. The results from these studies will not be known for several years. Studying different approaches to on-site sewage treatment and disposal may lead to affordable technological advances that can be applied to new and possibly existing systems. In the meantime, the region will continue to grow and nitrate loading from on-site systems will continue to increase. Some measures may need to be implemented in the future to address groundwater pollution and other impacts that could result from the development of the thousands of small size subdivided lots in South Deschutes County. The creation of a new neighborhood between La Pine and Wickiup Junction as an alternative to building fewer houses on the remaining vacant small lots appears to hold much promise. A market-driven transferable development credits program could assist in the redirection of growth from the existing subdivisions into this new neighborhood. A development standard or sewage disposal rule that requires an effective lot area of 1.5 acres for new dwellings served by an on-site septic system may need to be considered. The acreage requirement would need to be based on the long-term balance between nitrate loading from septic systems and dilution from precipitation that infiltrates the land. An effective lot area should include contiguous or non-contiguous vacant land within a specified distance from the proposed building site. For these reasons, Deschutes County has determined that it is appropriate to adopt comprehensive plan goals and policies to recognize the importance in protecting groundwater and other resources and the need to continue to work on the Regional Problem Solving project for South Deschutes County. Nitrates - Health and groundwater impacts; septic s ystem impacts and studies High levels of nitrates in drinking water are a cause of methemoglobinemia (blue baby syndrome) in infants and have been linked to cancer and weakening of immune system in the elderly. Recent epidemiologic studies indicate that chronic long-term exposure to low levels (2.5 mg/L) of nitrates can increase the risks for certain types of cancers. Nitrate levels are often used as an indicator for the transmission capabilities of other pathogenic agents. Surface waters are very sensitive to eutrophication by the addition of nutrients; nitrate is an indicator of nutrient loading. A natural background level of nitrates would be less than 1 mg/L. The Environmental Protection Agency (EPA) has set the safe water drinking standard (Maximum Contaminant Level or MCL) for nitrate at 10 mg/L. The DEQ is required to declare a region a Groundwater Management Area if Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-76 Draft 5-14-08 nitrate concentration reaches 7 mg/L. This would require a plan to protect and restore groundwater quality. Deschutes County Planning and Environmental Health are only slightly ahead by starting and developing their plans proactively. On-site septic systems are the only significant source of nitrates in the La Pine sub-basin. The La Pine sub-basin has many conditions that allow for little denitrification of wastewater to occur: rapidly draining soil, shallow, well oxygenated groundwater, very short growing season, cold temperature, not much hydraulic gradient. Most of the development has taken place in the very bottom of the sub-basin over shallow groundwater and on small lots served by wells from an unconfined aquifer. In 1980-81 contamination of the aquifer from septic systems had already occurred in the La Pine core area. (La Pine Aquifer Management Plan, Century West, 1982). A community sewer system was required to remedy the situation. A 1995 well monitoring study by DEQ showed that after 11 years of sewer, the nitrate levels in the La Pine core area had receded but were still at “unsafe levels.” This is an indication that the recovery time for the aquifer is lengthy. The 1995 monitoring study also revealed the existence of five areas in the RPS project area, not including the core area of La Pine, where nitrate levels are greater than usual background levels. Nitrate levels are as high as 4.8 to 5.9 mg/L in three of these areas and as high as 3 mg/L in the other two. The 1995 monitoring study was part of a modeling effort by the DEQ to estimate the impact of septic systems on the groundwater. The initial results of the model indicate that at existing (1994) development the aquifer would reach nitrate levels of 7 mg/l by 2005. Since the collection of samples in 1994 there are approximately 700 additional residences in the RPS project area using on- site septic systems. The model is limited because it is two-dimensional and does not account for flow in or out of its boundaries. A grant from the US Environmental Protection Agency will allow significant work to begin in 1999 to help with a solution to the problem of high nitrate levels. The primary purpose of the grant is to study new technologies in on- site septic systems. Part of the grant will be used to continue increasing the groundwater monitoring network and complete additional analysis of nitrate movement in the groundwater using a three dimensional model. The innovative septic system program was started in 1998 through the RPS project and DEQ grant funding and is expected to increase significantly with the new federal grant. The purpose is to try new technologies that appear to be capable of reducing nitrate levels. Besides nitrate reduction there are many other aspects of new technology that need to be examined before widespread applications for the general public can occur. Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-77 Over the past five years the US Geological Survey (USGS) has developed a groundwater flow model of the entire Upper Deschutes Basin. The model will be used as the basis for an analysis of the impacts of nitrates from on-site systems to help answer the following three questions: 1. Where should additional monitoring wells be set up for continuous monitoring of nitrate plumes from residential development? 2. What density does development need to be set at to minimize impact on groundwater quality? 3. What variations of impact due to location are there in the La Pine sub- basin? The DEQ rules require a minimum of an acre for standard system and a half- acre for pressure or sand filters in rapidly draining soils. This is a statewide rule and the authors were probably looking at rainfall amount from a typical Willamette Valley year to provide dilution. Mixing wastewater from a typical single-family residence with the recharge provided by yearly precipitation in Southern Deschutes County, it requires 2.5 acres for a standard system and 1.5 acres for a sand filter to maintain a recharge concentration at or below 7 mg/l. This estimate is on the conservative side because it does not account for inflow, outflow, or upflow from other areas. Areas such as Fall River Estates, Wild River and Ponderosa Pines do not require as much acreage to achieve an adequate amount of mixing and dilution of nitrates because they are located in areas of higher precipitation at the western edge of the aquifer. Also, the aquifer gradient is steeper resulting in more dilution due to higher groundwater flow rates. La Pine and portions of Oregon Water Wonderland and Stage Stop Meadows subdivisions served by sewer systems are also not contributing to the overall nitrate-loading problem in the region. Legislation In October 1998, Congress passed legislation to assist Deschutes County in purchasing a 540-acre tract of land from the Bureau of Land Management. This tract is located between La Pine and Wickiup Junction, west of Highway 97 and east of Huntington Road. A sewer line between the communities of La Pine and Wickiup Junction runs through the property. This property is intended to be the site of a new neighborhood that will be serviced by sewer and water systems, and paved roads. Residential use will predominate, although community needs such as a senior center, library, assisted living facility and limited neighborhood commercial uses may be developed. A design process known as a “charette” occurred in November Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-78 Draft 5-14-08 1998. This design workshop occurred over a three-day period with the participation of over 80 people from the community. The initial design encompasses a neighborhood primarily residential in character with sewer, water and a road network of paved streets and access roads without curbs. A setback of 300 feet from Highway 97 has been incorporated into the eastern boundary of the design. A senior center and assisted living facilities are included in the southern part of the property adjacent to the community of La Pine. This preliminary design will be evaluated to determine lot sizes and density, development costs, phasing of development and the ability to use transferable development credits as a tool for the overall development of the new neighborhood. Transferable development credits A TDC (Transferable Development Credit) Program has been developed to redirect some of the future development of residential dwellings from lots served by on-site sewage disposal (septic) systems to the residentially zoned districts in the Neighborhood Planning Area in the La Pine UUC that will be connected to water and sewer systems. A TDC is a severable interest in real property that represents the right to construct a single-family dwelling and an on-site sewage disposal system. The TDC program code has been adopted in compliance with the provisions of ORS 94.531. The essential elements of the TDC program are to be codified in DCC Title 11, County Owned Land and Property, of the County Code. The TDC program is intended to redirect some of the future residential growth from existing subdivisions in South Deschutes County, also identified as the “sending area” where TDC's are allocated to eligible lots, into the Neighborhood Planning Area, also referred to as the “receiving area” where TDC's are required to be redeemed based on a net developable acreage formula. If successful the TDC program will reduce the overall impact from development in flood plains, wetlands, deer migration corridors and areas susceptible to groundwater pollution from nitrates. It will also help to maintain open space and preserve the rural character of the area by reducing the overall density of development that would otherwise exist in the future if a dwelling were built on every legal lot. In the sending area the TDC program will operate in a voluntary, market- driven manner. Those property owners who choose to sell their TDC's will retain ownership of the underlying land on which certain uses, such as camping, wood cutting, vegetation management, agricultural use and construction of a small storage structure will be allowed. A Conservation Easement will be placed on the property that will prohibit the construction of a single-family dwelling and on-site sewage disposal system on the property. Property owners who sell their TDC's and enter into a Conservation Easement Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County ________________________________ Working Draft Deschutes County Comprehensive Plan Draft 5-14-08 Page 2-79 restricting future uses on their property may elect to sell the deed for the underlying property to a willing buyer. Public participation The RPS project has involved all aspects of the community, including property owners, interest groups, public agencies and government at the local, state and federal levels. Over 20 stakeholder meetings and 5 public forums were held. Eight newsletters and other mailings have been sent out to an extensive mailing list of property owners and other interested individuals, community organizations and local governments. The local press has covered this topic with a number of articles and news reports on several occasions. According to written surveys the top three priorities for the residents of South Deschutes County are: 1) to retain open space to maintain the rural character of the area; 2) to not allow septic systems in areas of high groundwater; and, 3) to allow for experimentation with alternative methods of sewage disposal. Among the least favored options was extending sewer throughout the region due to the high cost associated with this expansion. However, several small sewer systems exist in the region and people commented and testified at public meetings and hearings that the option of using sewer systems to dispose of sewage should continue to be explored. To ensure that public involvement was as great as possible regarding proposed amendments in 1998 to the comprehensive plan and zoning ordinance, an additional newsletter was mailed that contained a notice of public hearings before the Deschutes County Planning Commission and the Board of County Commissioners. The newsletter also described various aspects of the RPS program, characterized design elements of the new neighborhood as a result of the design charette and encouraged people to attend a community workshop held in early December to learn more about the amendments. This newsletter was mailed to over 5,000 property owners, including the owners of all lots in the RPS project area which are zoned RR-10 and less than 2 acres in size, and the stakeholders, interest groups, agencies, etc., who had previously participated or expressed an interest in the RPS project. More detailed information about the RPS project including information on nitrates, experimental on-site technology, alternative solutions, transferable development credits and a bibliography of the studies and other sources of information used to analyze the region’s problems and to formulate solutions was made available at the hearings. Chapter 2: Resource Management – Regional Problem Solving for south Deschutes County _________________________________ Working Draft Deschutes County Comprehensive Plan Page 2-80 Draft 5-14-08 LCDC Acknowledgement In September 2000 the Oregon Land Conservation and Development Commission (LCDC) conducted a hearing and approved the County’s request to expand the La Pine UUC to include the area formerly recognized as the Wickiup Junction Rural Service Center and the New Neighborhood area. The Neighborhood area includes a tract of land the County purchased from the Bureau of Land Management and a privately owned parcel. LCDC also approved the County’s comprehensive plan designation and rezoning of the area added to the La Pine UUC from resource lands zoned exclusive farm use to various planning districts that allow for the creation of a residential subdivision served by municipal water and sewer systems and paved roads.