HomeMy WebLinkAbout2008-11-12 Work Session Minutes
Minutes of Administrative Work Session Wednesday, November 12, 2008
Page 2 of 8 Pages
2. Forester Update.
Updates –Deschutes National Forest (John Allen, Supervisor) and BLM
(Debbie Norton, District Manager)
Fuels Treatment
Qualified Pool Update
Update on Tampa Bay Conference
John Allen, Supervisor of Deschutes National Forest, Debbie Norton, and Joe
Stutler discussed wildland interface issues regarding lands that border federal
lands. Commissioner Baney asked them to detail any barriers that exist to get
this important work done.
John Allen said the two federal agencies are peers and share a fire program and
other management work. Ochoco National Forest is also a partner. He stated
that discussions are ongoing regarding various parts of the County. No matter
how much the message is disseminated to citizens, it does not permeate enough.
A workshop locally would help to plan how to raise citizen awareness.
He gave an overview of how the various entities have invested in the projects.
Not all objectives have been reached, but substantial progress has been made.
Joe Stutler indicated a lot of energy into Deschutes River Woods, but they
missed some folks with the education piece. They will be putting on a spring
education event. Deschutes River Woods is unique since it is so large.
The group discussed beetle kill trees, a problem that is affecting most of the
western states. Lodgepole pine and some Ponderosa are dying from about
Sunriver to the south at this time. More than 300,000 acres in Lake County
have been affected.
Debbie Norton gave a brief update of BLM activities. She said that Crook
County has an agreement with the air tanker service now. The wheat farmers
were the most concerned about fires this year affecting their crops. There is
also new biomass facilities planned for John Day and Prineville to begin next
year; these would utilize the beetle-kill trees. She added that BLM user fees
have not been updated for about 25 years regarding rights of way. This fee will
be raised and will primarily affect resort properties.
Minutes of Administrative Work Session Wednesday, November 12, 2008
Page 3 of 8 Pages
Mr. Allen stated that the federal government has a memorandum of
understanding with the Warm Springs Tribes regarding using dead forests for
biomass power. Commissioner Daly stated that Silvan Power in La Pine wants
to use the material as well. Mr. Allen said this it is much like a timber sale.
Ms. Norton stated that there is a lot of fuel available but it is an economic issue;
much of the problem is the cost of transportation.
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Commissioner Baney said the La Pine community is looking for a place to hold
the annual rodeo; they have outgrown the location they have been using. They
would like to lease some land for this purpose. They need approximately 15 to
20 acres. The process used to lease BLM property is reportedly too
complicated and lengthy.
Ms. Norton stated that the shooting range is another issue they are dealing with
at this time. There are several parcels in the La Pine area that the BLM may be
able to sell as soon as they are determined to be legal lots of record. Laurie
Craghead said she has been working on the lot of record issue and believes it
has been resolved.
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Joe Stutler said that since June about 700 acres have been treated. An RFP on
the qualified pool is out for about another 1,100 acres, mostly government land.
The Community Fire Plan is the reason these are being treated. No one else is
doing federal lands.
The qualified pool group process will go out in January.
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Grants for $200,000 each and another large FEMA grant will be applied for
soon.
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A presentation was made in Tampa, Florida regarding Community Fire Plans.
It was well attended from people from the U.S. and other countries.
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Commissioner Luke asked about the RAC (Resource Advisory Committee).
Mr. Allen stated that they are going to try to revitalize it. Membership will
consist of individuals recommended by the counties. There are two vacancies
at this time.
Minutes of Administrative Work Session Wednesday, November 12, 2008
Page 4 of 8 Pages
Sheriff Blanton stated that the County’s Search and Rescue is the busiest in the
western states. It is important to have proper and up to date equipment for these
volunteers.
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Commissioner Baney asked if there is any way to allocate some funds to
educate children about forest health. Public lands surround the communities.
Mr. Stutler said that proposals are being developed and they hope to be able to
communicate forest health ideas to children. It may be possible to partner with
the High Desert Museum.
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The consensus of the Board was that the allocation of Title II funds is
appropriate.
3. Discussion of Title III Appropriations.
Dave Kanner explained that there are three things that Title III funds can be
spent on; these are wildfire planning efforts, search and rescue on federal lands,
and community wildfire protection plans.
Joe Stutler stated that four years have been added to the original four years,
totally $1.9 million. Now that this has been narrowed down to three categories,
it will be handled differently. If there is a fire that doesn’t receive a FEMA
declaration under the State, the funds are not available. Now it will be a part of
the Title III funding.
Project Wildfire will be funded at about $60,000 per year. The Sheriff’s receive
about $150,000 per year. Some of the other amount will go for GIS production
and other aspects at about $150,000 per year. Through fiscal year 2014, the
amount will be $1.240 million, leaving about $252,000 in reserves.
Commissioner Luke would like to see a way to accumulate or save more
funding for reserves in the event funding is not available after that time.
4. Work Session on a Comprehensive Plan Text And Map Amendment and
Zone Change From Surface Mining to Rural Residential to Allow
Redevelopment of an Extensively Mined Site (Lower Bridge Way Area).
Will Groves said that a hearing is scheduled for December 3. This was
discussed previously when the Board decided to hear it de novo.
Minutes of Administrative Work Session Wednesday, November 12, 2008
Page 5 of 8 Pages
Commissioner Luke asked about the reclamation. Mr. Groves said that
DOGAMI (Oregon Department of Geology and Mineral Industries) has
standards for mines during their existence, and some rules that predate
DOGAMI. This site has been mined since the early 1900’s. Everything
required has been completed. (Mr. Groves distributed an oversized map for
reference.) One area opened up during DOGAMI’s existence, so there is a plan
in place for its reclamation. The County also had limited reclamation
requirements. DOGAMI feels there is no further reclamation needed at any
location on the site. Mr. Groves pointed out where the existing structures are
on the property.
Under State rules there are no further reclamation requirements. Under a site
plan in 1985, the applicant agreed to provide reclamation upon closure. This
was primarily voluntary, and has not yet taken place. The applicant feels this
pertains to a very limited area; it is unclear in the site plan. The Hearings
Officer found that the proposal should be denied as this reclamation has not
been done, or that it can be reclaimed when housing is established.
At this point this only relates to the zone change. It is possible that homes
could be established without completely reclaiming the area that needs it.
Mr. Harrison said that a mining zone is meant to be in place only on a
temporary basis. It ultimately is expected to be rezoned to a beneficial use.
The zone change occurs when the resource is no longer viable and the property
has been reclaimed. Inventory was done under Goal 5 in 1980. The property
was surface mining reserve prior to 1985.
Mr. Groves said that the cumulative file is so old that the maps showing the
original mined area is not available, and it is difficult to determine what was
already actively being mined. Some areas in the north end and southeast side of
the property are considered view properties.
Commissioner Luke asked why the County doesn’t use the DOGAMI
reclamation process. Mr. Groves said that DOGAMI didn’t have a reclamation
standard at the time and the County developed its own. The reclamation on the
most recently mined area has not occurred.
Minutes of Administrative Work Session Wednesday, November 12, 2008
Page 6 of 8 Pages
Commissioner Luke asked if a zone change can be granted with the condition of
reclamation to DOGAMI standards by a certain date. Ms. Craghead stated that
the standards would have to be detailed. Mr. Harrison said that there are zone
changes that are granted conditionally. It is then handled administratively.
Many people are concerned about the dust generated from the site, and there
have been DEQ reports on this issue.
People are also concerned about the effect on groundwater by chemical
contamination. Part of the property was purportedly used as a toxic waste site
as late as the 1970’s. The DEQ said they have not found any evidence of this,
and they monitored cleanup of the site at that time. The mine has a long
history, some of which is unknown. The majority of the comments say they are
not worried about development as much as they are concerned about the site
being cleaned up and safe for people.
Commissioner Luke said that it would have to be rezoned RR-10 or MUA. He
was advised that the soil does not qualify it for EFU. RR-10 is likely the lowest
density. Both allow planned unit and cluster developments. Mr. Groves stated
that the criteria are limited and nothing deals with possible environmental
impacts. Ms. Craghead stated that there is nothing the County can do since
DEQ found that it is clean. DEQ has recommended that the property owner
voluntarily have additional testing done. The Department of Public Health
agrees. If they are only able to use available data, they cannot dig any test
holes.
The toxic waste issue was completed and it was found to be cleaned up.
However, in terms of the systematic cleanup of the entire site, there is not
enough information available. It was not found to be a serious enough concern
for DEQ to require additional testing or certification. They have issued an NFA
(no further action required). They would issue a second NFA for residential use
once the property is rezoned.
Mr. Harrison said there is nothing in Code that requires further action. DEQ
can require this but the timing of their past involvement is out of sync. There
have been no cases where an environmental analysis is required in this type of
situation. Ms. Craghead said that it is too complicated to decide whether a level
1, 2 or 3 study should be required. DEQ usually works that out with the
property owner. Commissioner Daly said that he attended one of the hearings
years ago and the Health Department indicated they studied the area and could
find no problems.
Minutes of Administrative Work Session Wednesday, November 12, 2008
Page 7 of 8 Pages
Mr. Groves said that the Health Department does not commission studies or
have regulatory authority; they will do fact-finding when requested. They
found that the soil and groudnwater showed no health hazards. The scrap metal
and dilapidated buildings are a hazard and should be removed. Blowing dust is
an indeterminate health hazard.
Commissioner Luke asked how septic systems can be installed on fill or if it is
stable to build upon. Mr. Groves stated that the building sites chosen have not
been disturbed. This is not an issue at this time; right now, the only question is
how to rezone the property since it is no longer viable to mine.
Peter Russell addressed concerns about transportation issues. ODOT has
indicated that trip generation has been studied, and the current traffic situation
does not apply. Surface mining generates about 15 trips; residential would be
about 74 during peak hours. It is felt that single-family homes generate about
10 trips a day. The applicant argues it is about the same, based on other sites
with similar changes. However, some of these other sites are in metro areas and
it is felt that the mining trips would naturally be higher.
Commissioner Luke asked where the traffic study was done. He was advised
that for the most part, Highway 97 and Lower Bridge Way were considered.
Very little traffic goes north towards Madras or on Buckhorn and Highway 126.
The long-term fix for Lower Bridge Way and Highway 97 has still not been
determined. Commissioner Daly feels that people who live that far out would
make fewer trips each day than someone who lives close in. It is not reasonable
to ask the property owner or developer to provide an overpass. The “fix” is not
known so it is hard to know what to charge various developers for this eventual
improvement.
Commissioner Daly stated that he understands the DEQ is tired of hearing from
people regarding the dust problem and they look forward to something
happening with the site.
Commissioner Luke said that he is concerned about the environmental aspects
and in particular the traffic situation.
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