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HomeMy WebLinkAbout2012-06-27 Work Session Minutes Minutes of Board of Commissioners’ Work Session Wednesday, June 27, 2012 Page 1 of 7 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JUNE 27, 2012 ___________________________ Present were Commissioners Anthony DeBone and Tammy Baney; Commissioner Alan Unger was out of the office. Also present were Erik Kropp, Interim County Administrator; and, for a portion of the meeting, Joe Stutler, County Forester; Rob Poirier, 911; Tom Anderson, Community Development; Joe Sadony, I.T.; and one other citizen. Chair DeBone opened the meeting at 1:30 p.m. 1. Agency Updates (Bureau of Land Management; U.S. Forest Service; Oregon Department of Forestry). Joe Stutler introduced Shane Jeffries of the U.S. Forest Service (replacing John Allen); and Carol Benkosky of the Bureau of Land Management. No representatives of the Department of Forestry were able to attend. Ms. Benkosky provided a handout indicating her agency’s projects and activities. A big issue is the Greater Sage Grouse Research Management Plan amendment. Chair DeBone said he has attended meetings on this and is on board with whatever needs to happen, although Deschutes County is not in the middle of the issue. Commissioner Baney asked what it means to be a cooperating agency, and the requirements. Ms. Benkosky said they do not need to become a signatory and attend every meeting. Most counties cannot do this. They will be kept informed of the process and can be involved at the desired level. If an agency can provide good information, especially in the social and economic areas, that would be helpful. They should also show where they have been able to get cooperation concerning private lands. Minutes of Board of Commissioners’ Work Session Wednesday, June 27, 2012 Page 2 of 7 It has been determined that Sage Grouse should be on the list, and a lawsuit and settlement agreement established a 2015 determination. They are trying to get a set of regularly documents in place rigor to then, since this is a big issue mostly in the western states. Commissioner Baney asked if there are mitigation methods to be promoted. Ms. Benkosky said this can be done on County land or private property owners can be encouraged to work with the agencies on mitigation efforts. There would be assurances that nothing will come back at them later. Mr. Jeffries added that the rules can become very suppressive, and it is best if they do not have to take management action. They are trying to get ahead of this. They prefer not to be in a police role. They learned a lot from working on the spotted owl controversy for years. Ms. Benkosky said that developing the EIS for all the western states is a huge task, and they are trying to get this handled on a tight timeline. Past grazing practices have had a big impact on some areas, especially in the playa where the changes in the riparian levels have caused issues. This may require hauling water or drilling wells, or reducing the number of cattle. Juniper removal is a continual effort. The last 236 acres of the Badlands Wilderness Area have been obtained, so they are working on access and trail issues now. Grazing issues will come up at this time as well. They hope to have a draft plan to review in the fall. Cline Buttes is still an issue due to a lawsuit by off-road recreationists. With all of the properties, they are trying to protect the land while maintaining opportunities for visitors. Can tell anyone who inquires that if they go to the website, they can get the information they need and identifies all areas that are open to use. They are allowing the Newberry project to go forward. Ms. Benkosky said this is a split estate issue. If it is considered under the Homestead Act, it is still under the ownership of the Forest Service. Mr. Jeffries said his agency is on board in this case. Any aboveground development is to be overseen by the Forest Service. Minutes of Board of Commissioners’ Work Session Wednesday, June 27, 2012 Page 3 of 7 To complicate things, ORMAP has permission to start on the north end, and those particular sites are along the edge of Newberry Crater. They can begin thinking about using that technology instead of knocking on the door asking for others. Ms. Benkosky stated that if it pans out, this type of new technology could perhaps go a long way. Just add water and create energy. Commissioner Baney asked how many companies could be balanced at one time to monitor the activity. There is a lot going on in one area. She asked if it is open to other groups. Ms. Benkosky replied it would involve at least three phases if allo wed. They have little ability to control the timing, so sometimes it ends up being like a gold rush. Sometimes companies have to ramp up or borrow resources. Mr. Jeffries added that the BLM went through an in depth process already. A big proposal will have to go through an impact statement and other public processes. Chair DeBone asked about the Cliff Allotment EA. Ms. Benkosky said that they are just now allowing more use after years of none. Chair DeBone stated that it might be an option for disbursing effluent if a sewer system ends up in that neighborhood. Joe Stutler said sometimes allowing grazing helps control potential La Pine Land. He is trying to make sure people know that legislation is not always the answer. There has to be a clear understanding of this. Ms. Benkosky has not been down there to see it yet. Chair DeBone discussed using the land for treating effluent and a lagoon. There has been a lot of discussion about this. Unless congress exempts them from NEPA, never been done, and the Forest Service has to do this. Mr. Jeffries said that there are requests to close Howard Road, which may be gated due to vandalism, poor use of the land, and ongoing dumping. Mr. Jeffries went over numerous personnel changes within his agency. They are all learning new areas and roles. They are doing preparedness reviews now that fire season is upon them, working with ODF and other stakeholders. Minutes of Board of Commissioners’ Work Session Wednesday, June 27, 2012 Page 4 of 7 Project Wildfire, now that Joe Stutler is leaving, needs to remain viable. It has been very successful under Mr. Stutler’s vision. Mr. Kropp said the new Forester starts on July 16. Mr. Jeffries presented a handout regarding proposed changes at Mt. Bachelor. Some environmental groups are concerned about the loss of wilderness, but he feels there are ways to address this. It involves no land outside of the established boundaries. Most people and groups have been generally supportive. Lava Lands is unique to Oregon; similar to only one other (Mt. St. Helens in Washington), and gets a lot of visitors. They have done some upgrades to signage, trails and accessibility. They worked with Central Oregon Coalition for Access, a good group that helps to raise awareness. There are 13 ‘Children’s Forests’ in the country, being one in Deschutes. There are 60 outdoor classrooms in the Deschutes National Forest. They are engaging parks districts to get involved. Central Oregon Pediatric Associate is writ ing prescriptions for children and parents to spend more time doing this kind of activity. They are actively engaged in doing what they can in dealing with noxious weeds. Dan Sherwin of the County does a great job of educating. The group then had a discussion regarding wildfire mitigation and contracts for this type of work, and how this fits in with the stewardship program and timber sales. 2. Discussion of Bend Fire Department Request regarding Licensing of Records Management System. Mr. Kropp said this would be rescheduled. 3. Discussion of Request for a Land Use Application Fee Waiver. Tom Anderson gave an overview of the request, and that Doug Amend, for the applicant, is in attendance to answer any questions. There is an addition proposed to the existing footprint to allow for a walk-in freezer. Site plan review is required under Code because of this. They need to be sure the modified structure still fits within the original permit. Minutes of Board of Commissioners’ Work Session Wednesday, June 27, 2012 Page 5 of 7 The fee would be $785 as an alteration of 25% or less of the structure. Mr. Amend disagrees regarding the need for a site plan review and a fee. For the Board to be able to reduce or waive the fee, they would have to show that it is within a public need. The Board could also further parcel out the program, adding more steps based perhaps on the amount of square footage involved, etc. Chair DeBone noted that it is a relatively new building and has had this type of use previously. He is trying to figure out why Code is written this way. Mr. Anderson said they have to evaluate the physical impact of the change on sidewalks and other areas. Commissioner Baney asked that of the things they would look at, is there a concern that this will cause more traffic, impact parking or access. She wondered if this would cause this type of impact. Mr. Anderson said this is the purpose of the review. Commissioner Baney said it seems like a lot to have to go look at it instead of reviewing it on paper. Chair DeBone asked if there is a way this can be avoided in some cases. Mr. Anderson said it would need to be changed by Code. They look at the physical environment when there is new construction. A modification means they review the same things at a lower level. Chair DeBone said the capacity of the business is the same, and they will not lose parking, and do need more storage. Mr. Anderson said a building permit triggers the need for land use approval. There are variances if electrical, etc. is needed. However, the structural changes indicate a permit is needed. Mr. Amend provided a copy of the site plan. Mr. Anderson said they could work with the applicant to make sure it fits. Commissioner Baney stated that a lot of fees are based on an average. She asked what the actual cost would be, for a visit to La Pine. Mr. Kropp stated that the question would then come up, why not do this with all of them. Minutes of Board of Commissioners’ Work Session Wednesday, June 27, 2012 Page 6 of 7 Mr. Anderson said they have done hundreds of these types of reviews, and this is the first time someone has asked for a waiver. Commissioner Baney stated that some nonprofits have been subject to reduced fees, but the fees were not waived. Mr. Anderson does not think the Board has any way to allow for reduced fees for a for-profit business. Chair DeBone feels this is a cost of doing business. However, there is not a lot around it that would be impacted. Commissioner Baney said that they may want to review more of a sliding fee at some point, but she cannot see how this change can be made at this time. Mr. Amend stated they have no problem with the permits but the site plan review fee seems exorbitant. Title 19 versus Title 18 says the burden can be reduced, and he does not see the value in having this review. The cost of the review is much more than the electrical and mechanical permits. Or, they could wait for the City to take this over and hope they are not as expensive. They are trying to increase employment and bring in more business. The rest of the fees are not in question. Commissioner Baney said if they are already in a certain area doing another inspection, why couldn't they consider this also. Mr. Kropp said that the work involved for one inspection might be low while another is higher. 4. Other Items. Commissioner Baney said the Sheriff has asked to send a letter to the City of Bend with the Board’s support. She said she was invited to a meeting with City representatives regarding public safety issues. She feels the letter would not be helpful since there are basic philosophical differences and a letter would probably not help address those. The meeting adjourned at 3:30 p.m., at which time the Board went into executive session. Anthony DeBone, Chair {i1Ck--~~&iSRA Alan Unger, Vice Chair Tarnrn~onerATTEST: ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, June 27,2012 Page 7 of7 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, JUNE 27., 2012 1. Agency Updates (Bureau of Land Management; U.S. Forest Service; Oregon Department of Forestry) -Joe Stutler 2. Discussion of Bend Fire Department Request regarding Licensing of Records Management System Rob Poirier 3. Discussion of Request for a Land Use Application Fee Waiver -Tom Anderson 4. Other Items PLEASE NOTE: At any time during this meeting. an executive session could be called to address issues relating to ORS 192.660(2) (e). real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.66O(2)(d). labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeting dates. times and discussion items are subject to change. All meetings are conducted in the Board ofCommissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. lfyou have questions regarding a meeting, please call 388-6571. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf. hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding altemati ve formats or for further information. N ~ o N ....... N c CO :E i I I I I I I I 1 I I I , , ....... o '*t: Q) CO 0... ------------------------------------------ Deschutes County Project/Activity Briefing Prineville BLM June 2012 Greater Sage-grouse RMP amendment In April 2010, the U.S. Fish and Wildlife Service (FWS) determined that the greater sage-grouse warrants the protection of the Endangered Species Act (ESA), but that listing the species was precluded by the need to address other, higher-priority species first. One reason for the FWS identification of the greater sage-grouse as a species to protect was an identified need for more adequate and consistent regulatory mechanisms to ensure species conservation. The FWS greater sage-grouse decision placed the species on the candidate list for future action , which provided stakeholders such as Federal agencies, states, and private landowners with additional opportunities to continue working cooperatively to conserve the species and restore its habitat. In the western states of California, Idaho, Nevada, Oregon, and most of Utah, with a small portion of southwestern Montana, conservation efforts will focus on major sage-grouse threats such as habitat loss and fragmentation due to invasive plant species and wildfire impacts. In Oregon, BLM has the opportunity to fully consider long-term sage-grouse conservation and habitat restoration guidance contained in the Greater Sage-Grouse Conservation Assessment and Strategy for Oregon published by Oregon Department of Fish and Wildlife. To date, an Interdisciplinary Team (lOT) has been formed, a contractor hired and the Resource Management Plan (RMP) process has begun . As of May 2012, the initial public scoping period to identify issues that should be addressed closed and comments have been provided to the contractor. A final public scoping report should be available in June 2012. In addition, the lOT is working on Chapters 2 and 3 of the RMP/EIS while the contractor develops the no action alternative . At the National level, a Chapter 2 template was approved, which includes a general outline of alternatives : no action, the National Technical Team Report, a citizen-generated alternative, an Interdisciplinary Team derived alternative, and a state strategy alternative . The Oregon Core Team anticipates receiving a more finalized version of Chapter 2 from the contractor by the end of June. Also in Oregon, action is being taken to combine the Southeastern Oregon and Lakeview Greater Sage-Grouse Plan Amendments with the Prineville/Burns effort to create one statewide plan amendment EIS. Several steps are underway to bring this to fruition including obtaining formal guidance from the Washington Office and the development of State Director guidance. The State Director guidance will reinforce the roles and responsibilities of Managers, Core, and Expanded 10 Team members. In the Prineville District, BLM will consider new sage-grouse conservation information as part of the ongoing John Day Basin RMP and will be revising or amending the Brothers/La Pine, Two Rivers and Upper Deschutes RMPs to include habitat conservation measures for the greater sage-grouse. Greater Sage-grouse Playa Management Environmental Assessment The Sage-Grouse Playa EA planning project is south of Brothers and Hampton and falls within Deschutes and Lake Counties. The Sage-Grouse Playa Management project's scoping period ended on April 9, 2012 . Issues and Concerns -from a NEPA sense, the issues are potential effects to permittees as well as potential effects to sage-grouse . The BLM recently had two site visits with the permittees of the allotments that fall within the project boundary to gather answers to questions such as: where are cows put into the allotments , what playas do cows use, what dug-out playas hold water, what are the conditions of pipelines, troughs, and wells, and what roads receive the most use. GIS is working on digitizing as much of this information as possible. The Interdisciplinary team is in the process of creating proposed actions that incorporate the information that we received from the scoping comments and the current on­ the ground conditions and beginning to work on a Draft EA. Oregon Badlands Wilderness Area Plan Congress designated the Oregon Badlands Wilderness Area in 2009 as an area "where the earth and community of life are untrammeled by man, where man is himself a visitor who does not remain" (Wilderness Act, 1964). The designation requires a wilderness management plan, which will provides guidance for preserving and enhancing wilderness values while offering opportunities for solitude and primitive recreation . The Prineville District Office held a public scoping meeting in Bend on March 1 to provide an overview of the Oregon Badlands Wilderness Management Plan process and timeline, and to accept public comments and answer questions related to the development of this plan. Concerns or issues included travel management (amount and placement of trails), access (group size, types of use) and grazing (retiring pastures, location of guzzlers). The scoping period for initial public involvement closed and a draft Wilderness Management Plan is currently being prepared and will be available for public comment this fall. In addition, the District has been working on other related projects such as land acquisitions and has obtained 236 acres in the north portion of the Badlands, and these lands are now incorporated into the wilderness following the intended Congressional boundary. Cline Buttes BLM continues to work on implementing the Cline Buttes Environmental Assessment. Activities include recreation site development and hazardous fuels reduction . The Upper Deschutes RMP (UDRMP, 2005) provides a set of management goals for BLM-administered lands in Central Oregon, including the Cline Buttes Recreation Area (CBRA). The plan recognized the issues related to increasing population, conflicts from overlapping recreation uses, and the impacts of unmanaged use on wildlife habitat and other resources. The Cline Buttes Recreation Area Plan took the broad goals in the UDRMP and identified roads, trails and vegetation management actions to implement in the area. The Interior Board of Land Appeals (IBLA) affirmed the Cline Buttes Recreation Area Plan decision record and FONSI (August 26,2010) on 3/27/12. Ajoint appeal was filed by Deschutes County 4­ Wheelers & Pacific Northwest Four Wheel Drive Association in 2010 . Fuels Reduction BLM fuels specialists have been working to complete the first phase of hazardous fuels reduction around the Eagle Crest Area . Most of the thinning work has been completed, and the piles and other debris will be burned this fall when the debris has cured and will burn more cleanly . Additional hazardous fuels reduction work will continue in the Maston Area. The District held a public meeting in June to inform the public about proposed work and to provide an update of work completed to date. Continued concerns raised by the attendees included time frames to accomplish fuel reduction work (slash on the ground), user conflicts, and issues with vandalism and motorized use violations. Recreation Recreation management implementation will continue in 2012 and Prineville District will continue to work with partners such as the Heart of Oregon, the Central Oregon Trail Alliance, the Oregon Equestrian Trails group, Raven Off-Road, 4locked Films, Deschutes County 4Wheelers, and the Central Oregon Motorcycle and A TV club to accomplish work. Work completed in 2011 included: • Fryrear Seasonal Closures and Access Management: Implemented seasonal trail closures in the western portion of the planning area (Fryrear and Dry Canyon areas). We also repaired fences and relocated part of the boundary fence along Fryrear Road . • Tumalo Canal Historic Area Access Management: Completed fence and gate construction in the Tumalo Canal ACEC/Historic Area, including adding administrative access gates, smaller gates for non-motorized trail access, and constructing 1 Y.. miles of fence along the west side of Barr Road . Defined a temporary parking area for non-motorized trail access. Information signs for the Tumalo Canal Historic Area have been posted at a variety of access points into this area. • Juniper Trailhead Improvements: Defined the parking area at the Juniper Trailhead (aka Red Cinder Road) for Maston area access , by installing boundary railing using juniper rails harvested during a thinning project on BlM managed lands. • Barr Road Fence (north end): Completed a portion of fence along the west side of Barr Road as required mitigation for Oregon Department of Transportation's Site N project. • Barr Road Fence (south end): Fenced the west side of Barr Road northward from Gerking Market Road for approximately 1 Y.. miles built to maintain the non-motorized trail use status. We left an interim parking area for non-motorized trail access open at the south entrance to the CBRA, and provided two access points for non-motorized entry along the south end of this new fence line. • Dry Canyon Fence and Gate Repairs: Repaired a grazing fence, replaced a gate and removed old wire at the upper end of Dry Canyon, near Sage Ranch Road. • Travel Management/Portal Signs: We posted most of the major entry points to the eastern half of the Recreation Area during 2011. These signs provide basic travel management information/regulations for the following roads : • Newcomb Road (Maston Area) Red Cinder Road (Maston Area) FAA Road/Buttes Area (Buttes Area) • Cline Buttes Rock Pit Road (Buttes Area) North end of Barr Road at State Hwy 126 (Buttes and Central Areas) South end of Barr Road at Gerking Market Road (Tumalo Historic Area and Southwest Area) Prineville BLM District Fuels Treatments Legend Northem Deschutes County Cline Buttes Cline Buttes and Tumalo Ponderosa FY 12-16 2012·2015 BlM ..." I • . .............,.:a.. ......c ....I ~~-:JI. o 1.25 2 .5 5 Miles ............,:...-..........~... ....... _ ..."'" _ ......__ T ....... ~ -...~_ USFSTumalo Ponderosa ...................-­ t.oc.l~menl Planned 2013-2015 Tumalo Ponderosa Pine/Juniper Thinning Project Prineville District is proposing the Tumalo Ponderosa Pines Restoration Project to restore the ponderosa pine forest, juniper woodland and shrub-steppe plant communities in this aOO-acre block of land three miles west of Tumalo, Oregon to a more historically representative condition and structure. A secondary purpose would be to work toward resolution of long-term recreation and access needs. The area has high recreational interest, particularly in the equestrian community, as it not only provides many miles of trails (most user-created) on BLM-administered lands , but it also serves as a connector to the Deschutes Collaborative Forest (DCF). The use of equipment during the thinning process is expected to damage or obliterate many of the trails, making them unusable without rehabilitation. As a result, a basic trail system as well as parking and access to the DCF will be considered in this plan. In addition, this EA will help implement the non-motorized designation for this entire area that was identified in the Upper Deschutes Resource Management Plan by fencing/gating roads accessing the interior of the block. The non-motorized closure has not been enforced and many users are still driving into the area. Public scoping was completed the end of March 2012 and identified issues related to limited ability to access or use the area during thinning operations for safety reasons, as well as temporary noise and dust. Because the main parking area with enough space for trailer turn-around is within the non-motorized boundary, other concerns are related to a loss in parking (especially trailers) when the motorized closure is enforced . In addition, the Tumalo Trail Alliance (equestrian group) is following this project closely for trail/access and connectivity to other sites. Proposed actions in the project area must be consistent with management direction in our 2005 Upper Deschutes Record of Decision and Resource Management Plan . The EA is expected to be out for public comment this fall. Newberry Geothermal On April 5, 2012, the BLM approved a demonstration project to evaluate the potential for producing energy through the use of Enhanced Geothermal Systems (EGS) technology. If successful, this project could advance EGS technology and facilitate the development of a domestic, renewable, clean energy option for the United States. The project area is 22 miles south of Bend in the Deschutes National Forest, on the flanks of Newberry Volcano. With the exception of a motion sensor and a seismic monitoring station, the project is located outside the Newberry National Volcanic Monument. Although the project is on National Forest land, the BLM is the lead agency as it has jurisdiction over geothermal leases on federal land . Other agencies cooperating on the project are the Forest Service and the Department of Energy (DOE). The DOE is funding a portion of the project through the American Reinvestment and Recovery Act. The appeal period ended May 14, 2012 , and the BLM received notice of two appeals . One is a combined appeal from Karen Coulter (Blue Mountain Biodiversity Project) and the NW Environmental Defense League . The second appeal is from Kelly McDonald and his appeal is on the basis that the agency/proponent failed to provide adequate insurance information, piecemealed the EA together to the point that cumulative effects are inadequately represented, the project will drain wells as far away as Madras, the proponent is planning on selling power to California, and the project will activate faults in the area. Twilight Geothermal BLM signed the Twilight Geothermal Exploration Project Categorical Exclusion to conduct geothermal resource exploration operations by drilling up to six temperature gradient wells on the Deschutes National Forest 23 miles south of Bend and adjacent to the Newberry National Volcanic Monument. All drilling sites would be adjacent to and accessed by existing system roads . The proposed well sites are approximately 1 00x1 00 feet in size located on previously disturbed areas and no new well pads will be constructed. The sites do not require any grading or conditioning to perform drilling operations although some removal of vegetation using hand equipment would need to occur to accommodate the drill rig and associated pieces of equipment. This disturbance would be limited to clearing and piling small trees (generally lodgepole pine regrowth), shrubs and slash. The application was made by Ormat, Inc . and exploratory drilling is expected to begin this summer. It is anticipated that the drilling of each well will take approximately 4-5 weeks to complete, and Ormat, Inc . will remain in testing phase for 12 months. The Applicant proposes a one year drilling program where a crew of three to six (3-6) workers would perform operations 24-hours per day, seven days per week during the summer and fall months . Wildcat Trail Bridge and Wetlands Project An old road bed containing approximately 25 feet of culvert washed out along Long Prairie Slough behind La Pine High School more than a decade ago. The channel cut around the culvert and both the new channel and culvert have since become clogged with debris . The result is a marshy and ponded environment that has become important habitat for Oregon Spotted Frogs . The goal of the project is to remove the washed out and plugged culvert while maintaining the ponded environment above the culvert. In order to accomplish this, a small log jam will be created at the outlet of the pond to mimic the blocked culvert. A lodge pole pine will be tipped over with a backhoe so that its root wad may be used to block the pond's outlet within the project. In addition, the footbridge will be replaced and the pathway through the wetland will be improved with an elevated walkway . At this point, the BLM is finalizing the design and obtaining cost estimates for the repairs. The work is expected to be completed this summer using a Heart of Oregon youth crew. Issues or Concerns: The challenge is providing a safe and scenic area for the public to access this area while protecting the wetland within a limited budget of $5,000. Cliff Allotment EA BLM is proposing to re-issue grazing on the Cliff Allotment near La Pine (adjacent to Pine Crest subdivision). The Environmental Assessment is just past the scoping phase and the analysis will look at alternatives to put up fencing and close interim routes . Issues or Concerns: Comments from the scoping phases include a desire to not have cows in this area and the desire to use the allotment for alternate purposes such as a spray field for sewer effluent. The scoping letter was also worded in a way that made it appear that the BLM was proposing to close Huntington Road, which is not the case. 0­ Q Q ~., E " loop Dr CI Prairie VrewDr J... " <i; c c ~ ~ 8 8 c < " :r ~ ~ Bureau of Land Management PRINEVIU.J: DISTRICT 3050 NE ThIrd Street. Prineville, OR 97754 Phone: 541-416-6700 Other Fedef'llll Slot. local Govemm ent Prtv.t...unknown N A -. Whychus-Deschutes Wilderness Proposal The Oregon Natural Desert Association (ONDA) is spearheading an effort to designate 18,973 acres of BLM-administered land adjacent to Crooked River Ranch in Deschutes/Jefferson Counties as Wilderness. Their goal for the designation is to provide added protection to protect the visual values, cultural history and solitude/recreation opportunities for this landscape. These acres are currently managed as the Steel head Falls Wilderness Study Area/Inventoried Roadless Area. To date, the proposal has been met with some local opposition on the basis that agencies will no longer be able to protect adjacent lands from wildfires originating in the area as well as concerns over increased government interference. The proposal has also received general support from some local residents. At this point no formal legislation has been introduced. Pine Mountain / Millican Valley Land Stewardship Service First Project The Pine Mountain / Millican Valley Land Stewardship Service First Project is a joint BLM, FS, and USFWS effort to create a document that identifies management objectives that are shared across the agencies for the Pine Mountain area, as well as some potentially conflicting management objectives that the different agencies may have for this area. The biggest issue with this project is that, since there has not been anything like this done in the past, we don't have a clear understanding of what the final product is going to look like. Vegetation Management (Herbicide) Environmental Assessment The Prineville District is proposing to update its 1994 noxious weed management EA to allow the use of 13 new herbicide active ingredients (bromacil, chlorsulfuron, clopyralid, diflufenzopyr+dicamba, diuron, fluridone, hexazinone, imazapic, imazapyr, metsulfuron methyl, sulfometuron methyl, tebuthiuron, and triclopyr) and 4 currently-available herbicide active ingredients (2,4-0, dicamba, glyphosate, and picloram) to treat vegetation. All herbicides could be applied using ground-based methods, and most herbicides could be applied aerially. Herbicides could not be used for treating vegetation for livestock forage or timber production. The District would be able to use herbicides to treat any vegetation in rights-of-ways, administrative sites, and recreation sites to meet safety and operation objectives, and to achieve habitat goals specified in interagency recovery plans or other plans specifically identified as part of recovery or delisting plans, conservation strategies, or conservation agreements for Federally listed and other special status species. In addition, the District may be allowed to use new herbicides that may be developed in the future after they are approved for use by the National BLM. Each District is creating a 'step down' EA from the statewide FEIS (ROD signed Oct 2010), in theory catered to each District's unique situations. Based on the current timeline, the EA's are expected to be completed by December 2013. La Pine Land Transfer/Road Issues La Pine Land Transfer: The current proposal for lands to transfer to the city of La Pine is currently being reviewed at the Congressional level. Issues with the proposed transfer include a section of land currently zoned (Z-1) for retention due to wildlife values. Disposal of this parcel would require a plan amendment for the Upper Deschutes Resource Management Plan and high costs. FL TFA parcels that could be available at no cost were turned down as an option. Howard Lane/Burgess Road: BLM has received a petition to close Howard Lane; however, the road is listed as open in the Upper Deschutes RMP and it would require an Environmental Assessment to close. This issue has pit neighbor against neighbor and one resident (Neal Russell) has been completing unauthorized improvements to the road (grading, etc.) to the point that the road has increased use and the county has installed a stop sign on the road where it enters Burgess. Many residents indicate that the road offers access to spots for illegal trash dumping and creates excessive dust. The La Pine Fire Chief would also like the road closed by gate, with the fire trucks retaining administrative/emergency access. This is also a road that was mistakenly mapped by Deschutes County as a county road until 2011. Hazardous Fuel Reduction Projects -La Pine In 2007 BLM began implementation of The Greater La Pine Community Wildland Urban Interface Hazardous Fuels Reduction Project. Currently the BLM has completed approximately 60 percent of the 19,200 acres of treatments planned under this project. Based on current funding level, Prineville anticipates completing the initial treatments in approximately 4 to 5 years, with additional maintenance treatments to follow. The objectives of this project are listed below : Primary Objectives: • Reduce crown fire risk by reducing surface fuel loading, ladder fuels and crown density. • Provide for an increase in defensible space in the wildland urban interface. Secondary Objectives: • Improve overall forest/range health . • Maintain/improve wildlife habitat. In 2011, the BlM completed work on 3386 acres (total cost = $413,000; $122 .00 average cost per acre for planning and implementation combined): • Commercial thinning & bio-mass utilization -1011 Acres • Rx pile burning -700 Acres • Pre-commercial thinning -850 Acres • Hand piling -350 Acres • Machine piling -325 Acres In 2012 and 2013, fuels specialists plan on completing the following (see map): Wildcat -66 acres of commercial thinning (local contractor) complete, biomass removal will be completed soon. Additional 66 acres of thinning & hand pile scheduled to begin July 2nd , 2012, with rehab, fencing and gate installation to follow this fall. Hand pile burning will take place this winter or next winter depending on if the piles are dry enough . Dusty -1000 acre of commercial thinning & biomass removal recently completed (local contractor). Additional 200 acres of thinning & handpile scheduled to begin October 15th , 2012. Riverview -320 acres of brush mowing should be completed by end of June . Byway -300 acres of mechanical crushing (local contractor) planned to begin this spring or fall with approx. 400 acres Rx pile to be burned this winter. la Pine State Park-280 acres of thinning/handpiling completed and piles to be burned this winter. Dog hair -Planning is underway to commercially thin approx . 3000 acres of the 6000 planning area in FY13. With additional fuels reduction in FY13 &14. This project is located just south of Maston road (immediately south of the junction of Highways 97 and 31 . It will occur on both sides of the highway. Prineville BlM Fuels Treatments La P i n e Basin FY11-FY13 legend N ~Planned Completed FY11 &FY12 CJ County Boundaries USFS State Private o + 2.5 Miles -Highways BlM I , .. Boonesborough -Firewise Prineville Prevention Specialist, Renee Lamoreaux, is working with Bend Fire and Rescue Fire Prevention Officer T J Johannsen and Fire Prevention Chief Larry Medina to educate and encourage the Boonesborough community to become a Firewise community. Community members have received educational materials and had an opportunity to participate in a PowerPoint presentation in June. Community members have traditionally participated in events such as FireFree and are looking to gain some community recognition for their efforts by becoming an official Firewise community . John Day River Fee Proposal (outside of area, but users may come from Deschutes County) BLM issues Special Recreation Permits (SRPs) and Recreation Use Permits (RUPs) to ensure that people receive a fair and equitable return for the use of facilities while enjoying public lands . Fees collected in conjunction with these Recreation Use Permits help recover the cost of operation, maintenance, and program administration. In 2011, the BLM began to consider implementing Boater Special Recreation Permit Fees as a means of providing additional maintenance such as dumpsters, increased funding to protect and enhance the outstanding remarkable values of the Wild and Scenic River recreation and fish/habit values through monitoring. cleanup and safety. The fee is not intended to allocate use or keep visitors from "hoarding" permits; however, this may be an unintended benefit. In addition . Prineville District is considering increased campground fees . which will help bring campground facilities up to standards. The current proposal is for a per person/per launch overnight Boater Special Recreation Permit Fee, implemented in the 2013 boating season . The fee would apply during peak boating season (May 20 -July 10) and would be required between Service Creek and Tumwater Falls. In addition to the Boater Special Recreation Permit Fee. a Lottery is also being considered for peak use periods . The Boater Special Recreation Permit Fee is expected to contribute to cost-recovery for activities such as: • Boat-in camp site clean-up • Launch/take-out site staffing and increased law enforcement presence • Additional services include trash service at Clarno & Cottonwood take-outs • Improved facilities La Pine Land Transfer Proposal Prineville District Modifications· May 6, 2011 Parcels A, B, C Po.. ul f\=--'l-\ Legend and two FLTFA parcels (l2c-:tc-Y"-b~ ) -Federal Highway --.-+ Railroad C City Limits Bureau of Land Management • Power Sub-Station U.S. Forest Service Private/Unknown No-.-..,.~by'"9w_oIL-"~ulO"'.anC)(Federal Lands Proposed ·~-""""'-~ """""OI._~oI""~bori.. lda .... ~1 ..._aBJUIII'OI'I ...... ~_~Road k~........1\c:IIIU. ~for Transfer o 0.5 N I FLTFA parcels recommended for transfer to Deschutes County 31 06 Deschutes Children's Forest Board IC'D8 ~HEART -xt~~~~ ..._---E d ucation S e rv i ce District 11:1e HIGH Bend Par~ & DESERT R~~;;~~!~n SSD UPPER DESCHUTES MUSEUM C':'C P A ~, ..,,"., <OU N < ", {~~~~~ www.deschuteschildrensforest.org DESCHUTES CHILDREN'S FO ...........LI'-. United States - Forest Deschutes National Forest 63095 Deschutes Market Road Department of Service Bend-Ft. Rock Ranger District Bend, OR 97701 Agriculture (541) 383-4000 File Code: 1950 Date: May 21, 2012 Dear Reader: This letter is to inform you that the MI. Bachelor Ski Area Improvements Project Draft Environmental Impact Statement (OEIS) has been completed and is now available for review and comment. This letter provides a brief summary of the project, information on the official 45-day public comment period, and instructions on how to obtain a copy of the OEIS and submit comments. The Bend-Ft. Rock Ranger District, Deschutes National Forest (DNF) received a proposal from Mt. Bachelor, Inc., operators ofMt. Bachelor ski resort, requesting authorization to implement improvements included in their recently revised master development plan (MOP). The MOP documents analysis of current conditions at the resort and, based on that analysis, outlines anticipated development and management o(the resort over the next 10 years. The proposed improvements are intended to enhance the winter and summer recreational opportunities available at the resort and on the ONF. They can be summarized as follows: Eastside Pod: • Developing the new Eastside Express lift and associated trails. • Constructing a new, lower-elevation catchline delivering skiers to the Eastside Express lower terminal. • Enhancing tree skiing opportunities between Eastside pod ski trails and between the existing and proposed catchlines. • Closing Snowmobile Trail No. 40 to snowmobile use. Sunrise Area: • Replacing the Rainbow lift in a shortened alignment with a detachable quad lift. • Replacing the Sunrise Express lift with a six-pack detachable lift. • Developing the Sunrise Learning Center and Kids Adventure Zone. • Improving Sunrise base area skier services, including a new lodge, parking lot, and access road. • Constructing a new culinary water reservoir to provide adequate storage for the new lodge and associated facilities. • Doubling the capacity of the existing Sunrise base area wastewater treatment system, particularly the drain field. • Installing a vaulted restroom facility near the base of Skyliner Express. West Villa&e Area: • Shortening the Red Chair. • Constructing the Alpine Training Center. • Adding coverage to the snowmaking system. • Removing outdated West Village buildings and expanding the West Village Lodge. Caring for the Land and Serving People Comments can also be faxed to (541) 383-4700, sent electronically to comments-pacificnorthwest­ deschutes-bend-ftrock@fs.fed.us, or hand delivered to 63095 Deschutes Market Road, Bend, Oregon between 7:45 AM and 4:30 PM, Monday through Friday, excluding holidays. For e-mail submission, the comments must be submitted as part of the actual e-mail message, or as an attachment in Microsoft Word (.doc or .docx), rich text format (.nf), or portable document format (.pdf) only. In cases where no identifiable name is attached to an electronic message, verification of identity will be required. E-mails submitted to e-mail addresses other than the one listed above, or in formats other than those listed, or containing viruses, will be rejected. It is the responsibility of the commenter to confirm receipt of comments submitted by electronic mail. Please enter "Mt. Bachelor Project DEIS Comments" into the subject line of your e-mail. Comments, including attachments, must be postmarked or delivered within 45 days of the publication of the Notice of Availability in the Federal Register, in order to be eligible to appeal. The publication date in the Federal Register is the exclusive means for calculating the time for comment. Those wishing to comment on this project should not rely upon dates or timeframe information provided by any other source. Only those who submit timely and substantive comments will have eligibility to appeal the subsequent decision under 36 CPR 215. Individuals and organizations wishing to be eligible to appeal must meet the information requirements of 36 CPR 215.6. Anyone wishing to obtain additional information on the project or to provide comments over the phone should contact Amy Tinderholt, Project Leader at (541) 383-4708. Sincerely, lsI Brant Petersen BRANT PETERSEN Deputy District Ranger ELEASE NORTHWEST REGIONPACIFIC Deschutes National Forest 63095 Deschutes Market Rd., Bend, OR, 97701 www.fs.usda.gov/centraloregon Contact: Jean Nelson-Dean -541.383.5561 May 29,2012 Kristen McBride -541-433.3204 Forest Service Brings the Science and Experience of the Outdoors to South County Students LA PINE-Beginning this Thursday, the Deschutes National Forest's Crescent Ranger District will be bringing the science and experience of the national forest to students across southern Deschutes County. The programs are expected to reach over 625 students in the Bend-La Pine"School and Gilchrist School districts. On Thursday, May 31, Forest Service employees will visit with 100 students at Gilchrist School in grades K-6, during Crescent Outdoor Adventure Day. The event has occurred for the past 16 years and is a great way for students to finish out the year. Students will rotate between 10 stations to learn about wildlife and plant species, archaeology, aquatic biology, fly casting, invasive plants, and Leave No Trace practices. On Tuesday, June 5, Forest Service employees will focus on bringing out students for Rosland Elementary School in La Pine for Rosland Outdoor Adventure Day. This will be the second year for the day at Rosland Elementary and it will be similar to the Crescent Adventure Day. Over 200 students in grades K-5 will attend the day. On Thursday, June 7, the Crescent Ranger District will host a Wetland Discovery Tour and Lava Lands Exploration Day for La Pine Elementary School. Over 325 students are expected to attend the event. Students in grades 4-5, will go with Forest Service biologists on a tour through a wetland ecosystem located behind the elementary school. Students will spend time with the biologists locating and learning about amphibians, frogs, insects, and wetland birds and plants. Students in grades K-3 will take a field trip to Lava Lands Visitor Center to learn about the volcanic features of Newberry National Volcanic Monument -the volcano in their backyard! Reporters and photographers are invited to any or all of the events. Please contact Jean Nelson-Dean at 541-383-5561. -USFS- The mission of the USDA Forest Service Is to sustain the health, diversity, and productivity of the Nation's forests and grasslands to meet the needs ofpresent and future generations. The Agency manages 193 million acres of public land, provides assistance to State and private landowners. and maintains the largest forestry research organization in the world. The USDA is an equal opportunity employer Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: June 27,2012 TO: Board of County Commissioners FROM Tom Anderson, Director SUBJECT: Request for Land Use Application Fee Waiver-Lucky Fortune Restaurant Background: Staff received the attached fee waiver request on behalf of the Lucky Fortune Restaurant in La Pine. The request was submitted by Doug Amend of The Apple Agency acting as the agent. Deschutes County Code requires that a Site Plan Review be performed if an approved commercial business that requires parking facilities wishes to expand its building footprint -dcc 18.124.030(B)(2). This requirement has been applied consistently for many years, regardless of the scope of the building expansion. Staff reviews the applicants building plans, conducts a site visit, references the original land use approval, and assesses the proposal with respect to parking, traffic circulation, landscaping, access, bicycle parking, service/delivery areas, retaining walls, signage, walkways, buffering/screening of surrounding uses, and other elements. The fee for a Site Plan Review is currently $785. Discussion: The applicant disputes the required land use review and fee as burdensome and unnecessary, and has submitted the attached written request that either the land use provision not be applied, or that the associated fee be waived in performing the review. Requested Board Action: Decide whether to grant a full or partial fee waiver to the Lucky Fortune Restaurant for a Site Plan Review. If the Board decides to grant a full or partial waiver, it must find that the action is in the public benefit, per the fee waiver policy. Alternatively, the Board may direct that planning staff review the utility and applicability of the Site Plan Review requirements, and potentially propose an amendment to current code language. STATE OF OREGON, DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT ON BEHALF OF: ) PETITON FOR ) LUCKY FORTUNE RESTAURANT ) SITE PLAN REVIEW ) 16492 WIllJAM FOSS RD, LAPINE ) FEE WAIVER Chao Ying Chen and Man Hong Kuang, petitioners: 1. The following infonnation is given with regard to the Building Permit requested: (a) Name: Lucky Fortune Restaurant (b) Site: 16492 William Foss Road (c) Location: Lapine, Deschutes County, Oregon (d) Ownership: Chen's Shanghai, INC (e) Owners: Chao Ying Chen, Man Hong Kuang (f) Representative: Douglas Amend 2. Current Building located at 16492 William Foss Road was Approved on 11/06/2007 on Permit B66345 . 3. Current Building located at 16492 William Foss Road was Finaled on 08 I 061 2008 on Permit B66345 . Pru!e 1 -PETITION FOR SITE PLAN REVIEW FEE WAIVER 4. Petitioners, Chao Ying Chen and Man Hong Kuang. upon taking ownership of the Building on 03 128 12012, are requesting to add a 216 square foot Dry Food Storage Shed with an 8' x 8' 8' Walk-in Freezer attached to the existing Building. 5. The Building Permit Fee is estimated to be $350.00 and associated Electrical Permit Fee estimated at $150.00. 6. The Site Plan Review Fee is proposed at $785.00. 7. So far as is known to the petitioners, the value of this fee has not been able to be explained by the County. Further, while Title 19, in the same County, allows for "Site plan approval shall not be required where a proposed alteration of an existing building does not exceed 25 percent of the size of the original structure unless the Planning Director finds the original structure or proposed alteration does not meet the requirements ofDCC Title 19 or other ordinances of the County ... , it appears Title 18 is written in a manner that does not allow for discretion. 8. Further, nec 18.124.010 provides for administrative review of the design of certain developments and improvements in order to promote functional. safe, innovative, and attractive site development compatible with ~e natural man-made environment. Certain, as a Pronoun means .. Some but not all. " PaJ!e 2 -PETITION FOR SITE PLAN REVTRW FEE WAIVER 9. Petitioner herein requests waiver of the $785.00 Site Plan Review Fee, not as indigent or hardship, but as burdensome and unnecessary in their desire to economically and expeditiously open their new Restaurant. 10. DATED: June 15,2012 (541) 312 -9700 P8.Qe 3 -PETmON FOR SITE PLAN REVTEW FEE WAIVER Chapter 18.124. SITE PLAN REVIEW 18.124.010. Purpose. 18.124.020. Elements or Site Plan. 18.124.030. Approval Required. 18.124.040. Contents and Procedure. 18.124.050. Decision on Site Plan. 18.124.060. Approval Criteria. 18.124.070. Required Minimum Standards. 18.124.080. Other Conditions. 18.124.090. Right or Way Improvement Standards. 18.124.010. Purpose. OCC 11.124.010 provides for adminis1rative review of the design of certain developments and improve:ments in order to promote functional. safe, innovative and attractive site development compatible with the natural and man-made environment. (Ord. 91-020 §1, 1991) 18.124.020. Elements or Site Plan. The elements of a site plan are: The layout and design of all existing and proposed improvements, including, but not limited to, buildings, structures, parking. circulation areas, outdoor storage areas, bicycle parking, landscape areas, service and delivery areas, outdoor recreation areas, retaining walls. signs and graphics, cut and fill actions. accessways. pedestrian wa1.k:ways. buffering and screening measures and street furniture. (Ord. 9341-3 §22O, 1993: Ord. 93-005 §6, 1993) 18.124.030. Approval Required. A No building. grading, parking, land use, sign or other required permit shall be issued for a use subject to OCC 11.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to OCC Title 22, the Unifonn Development Procedures Ordinance. B. The provisions ofoce 11.124.030 sball apply to the following: 1. All conditional use pennits where a site plan is a condition of approval; 2 Muhiple-fiunily dwellings with more than three units; 3. All commercial uses that require parking :facilities; 4. All industrial uses; S. All other uses that serve the general pub6c or that otherwise require parking :facilities. including, but not limited to, landfills, schools, uti6ty facilities. churohes, community buildings, cemeteries, mausoleums. crematories, airports. parks and reaeati.on :facilities and livestock sales yards; and 6. As specified for Flood Plain Zones (FP) and Surtace Mining Impact Area Combining Zones (SMJA). 7. Non-comm.eroial wind energy system generating greater than IS to 100 kW ofelectricity. C. The provisions ofoce 11.124.030 shaU not apply to meg involving the stabling and tlaining of equine in the EFU zone, noncommercial stables and horse events not requiring a conditional use pennit. D. Noncompliance with a final approved site plan shaU be a zoning ordinance violation. E. As a condition of approval of any action not included in OCC 11.124.03O(B). the Planning Director or Hearings Body may require site plan approval prior to the issuance ofany pennits. Chapter 18.124 (1012011) Chapter 19.76. SITE PLAN REVIEW 19.7{j.010. Purpose. 19.76.0%0. Site Plan Reqairements. 19.".030. Noncompliante. 19.76.040. Proeedare. 19.".050. Other Conditions. 19.76.0Ci0. Agreement and Security. 19.".070. Site Plan Criteria. 19.76.075. Design Review Standards. 19.76.080. Required Minimam Standards. 19.76.090. Desclautes River Corridor Design Review. 19.".010. Purpose. The purpose of site plan review is to ensure compliance with the objectives of OCC Title 19 and the Comprehensive Plan where development may cause a conflict between uses in the same or adjoining zones by creating unsightly. unhealthful or unsafe conditions and thereby adversely affecting the public health, safety and general welfare. The purpose shall also be to avoid creating undue burdens on public facilities and services. In considering a site plan, the Planning Director or Hearings Body shall take into aocoWlt the impact of the proposed development on nearby properties, on the capacity of the street system, on land values and development potential of the area and on the appearan<:c ofthe street and community. (Ord. 90-038 §1, 1990) 19.76.0%0. Site Plan Requirements. In all zones, except for a single-family, duplex or triplex unit on one lot, all new uses, buildings. outdoor storage or sales areas and parking lots or alterations thereof sball be subject to the provisions of DCC 19.76.020. Site plan approval sball not be required where a proposed alteration of an existing building does not exceed 25 percent of the size of the origiDal structure unless the Planning Director finds the origiDal structure or proposed alteration does not meet the requirements of DCC Title 19 or other ordiDances of the County. (Ord. 90-038 §I, 1990) 19.".030. NoncompHante. A. Noncompliance with a final approved site plan or development agreement shall be treated as a zoning ordinance violation. B. The applicant sball demonstrate continued compliance with the approved landscape plan established underDCC 19.76.030. (Ord. 9()..038 §1, 1990) 19.76.040. Procedure. A. Prior to flling a site plan application, the applicant shall be encouraged to confer with the Planning Department concerning the requirements offormal applicatiolL B. The site plan application sball be filed on a fonn provided by the Planning Department and shall be accompanied by drawings containing information as specified by the Planning Department. A miDimwn of eight copies of the site plan shall be submitted along with sucb additional information as is deemed necessary for the PJanning Director or Hearings Body to adequately review the application. <lJapter 19.76 1 (1012001)