SUBJECT: Union County Plan Amendment DLCD File Number 002-12 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday, October 11, 2012 This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government. A decision may have been mailed to you on a different date than it was mailed to DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. Cc: Hanley Jenkins, Union County Jon Jinings, DLCD Community Services Specialist Amanda Punton, DLCD Natural Resources Specialist Grant Young, DLCD Regional Representative YA NOTICE OF ADOPTED AMENDMENT 10/01/2012 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist . FORM2 D L CD NOTICE OF ADOPTION This form must be mailed to DLCD within 5 workin~ days after the final decision 0 E PT Q F per ORS 197.610, OAR Chapter 660 - Division 18 (See reverse side for submittal requirements) SEP 2 '1 2012 LAND CONSERVATION 4ND DEVELOPMENT Jurisdiction: Union County Local File No.: 1_0_5_4_6 ______ _ (If no number, use none) Date of Adoption: 9 -1 9 -1 2 ------~~~~----------(Must be filled in) Date Mailed: 9-20-12 (Date mailed or sent to DLCD) Date the Notice of Proposed Amendment was mailed to DLCD: -=5'----=1:...::5:.....--=1=-=2=----------- __ Comprehensive Plan Text Amendment _ Land Use Regulation Amendment _x_ Comprehensive Plan Map Amendment ~ Zoning Map Amendment _ New Land Use Regulation Other: ----------------------- (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." The amendment added 51 acres to an existing inventoried 10 acre basalt aqqreqate site and includeu it in a Surface Mining Zone with an associated quarter mile perimeter Impact Overlav Zone. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." Same Plan Map Changed from : _N_A _______ _ to NA Zone Map Changed from: A- 3 Ag ric u 1 t u r e ~ Surface Mining Forest Use Location: Twp. lN, Range 39 EWM, TL 5300 Acreslnvolved:~6.=l _______ _ Specify Density: Previous: NA New: __ N_A ______________________ _ Applicable Statewide Planning Goals: __ S.......:._, _1_2 _________________ _ Was an Exception Adopted? Yes: No:_x_ DLCD File No.: ------------- Did the Department of Land Conservation and Development receive a notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing. Yes: .x_ No: If no, do the Statewide Planning Goals apply. Yes: No: If no, did The Emergency Circumstances Require immediate adoption. Yes: No: Affected State or Federal Agencies, Local Governments or Special Districts: ODF W 1 DOG AMI & ODO T Local Contact: Ha nle y J e nkins Area Code+ Phone Number: 541-963-1 0 14 Address: 1 00 1 4th S tr e et 1 Suite C City: La Grand e 1 OR Zip Code+4: _.2_9 ..L7.!:!.8 :L5.!:!.0 ______ _ ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610, OAR Chapter 660- Division 18. 1. Send this Form and TWO (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEP ARTMENJ' OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Submit TWO (2) copies the adopted material, if copies are bounded please submit TWO (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form on to 8-1 /2xll green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to:(503) 378-5518; or Email your request to Larry.French@state.or.us- ATTENTION: PLAN AMENDMENT SPECIALIST. J :\pa\paa\fonns\noticead.frm revised: 7/29/99 BE IT REMEMBERED, that at a regular term of the Union County Board of Commissioners, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the Cit¥ of La Grande , in said County and State, on Wednesday of sa~d month and the time fixed by law for holding a regular term of said Court, when were present: The Honorable WILLIAM ROSHOLT Chairman STEVE MCCLURE Commissioner MARK DAVIDSON Commissioner WHEN , on Wednesday, the Jqfh day of ~~~ , 2012, among others the following proceedings were had to-wit: IN THE MATTER OF AMENDING THE} UNION COUNTY LAND USE PLAN & } ZONING MAP AND EXPANDING AN } EXISTING SURFACE MINING ZONE } BY 51 ACRES (EDMONDSON) } ORDINANCE NO . 2012-02 WHEREAS , Donald & Rachel Edmonson , Seubert Excavators, Inc ., agent , submitted an application to add 51 acres (part of Twp . 1N , Range 39 EWM , Tax Lot 530 0) to an e x isting 10 acre inventoried basalt aggregate site and change the current A- 3 Agricultural Forest Use Zone to a Surfac e Mining Zone and Surface Mining Impact Area Overlay Zone ; WHEREAS , DLCD was given 45 days notice prior to the first evidentiary hearing; WHEREAS , the Union County Planning Commission advertised and held a public hearing on Au gust 6 , 2012 and ma de a recommendation to approve the application ; WHEREAS , the Union County Board of Commissioners advertised and held a public hearing on September 5 , 2012 ; WHEREAS , the applicants submitted evidenc e that the aggregate resource meets ODOT specifications f o r base rock and the amount of material e xceeds 500 , 000 tons . NOW THEREFORE , BE IT ORDAINED BY THE BOARD OF COMMISSIONERS , COUNTY OF UNION , STATE OF OREGON : SECTION 1 : UNION COUNTY LAND USE PLAN The Union County Land Use Plan Supplement - June 1984 is amended to include 51 acres shown in the attached map (Exhibit C) as an addition to an e x isting 10 acre significant Goal 5 site in an Agriculture/Forest Plan Classification for inventoried basalt sites in Table AS . SECTION 2: LAND USE PLAN/ZONING MAP The Union County Land Use Plan/Zoning Map is amended to change 51 acres shown in Exhibit C, attached and affixed hereto and ma de a part of this ordinance , from an A-3 Agriculture Forest Use Zone to a Surface Mining Zone with an assoc iated expansion for the Surface Mining Impact Area Overlay Zone e x tending ~ mile from the e xpansion area . 1 SECTION 3: SUPPORTING FINDINGS This Ordinance is passed and adopted with the supporting findings and conditions i ncluded i n Attachment " A". PASSED AND ADOPTED this Jqfh day vote of the following dlem ers of voting therefore. . . Mark Davidson, Commlssioner Attest: ~/ uJ~ 2 Attac hment "A" As Amended by Board of Commissioners September 5, 2012 1. Union County Zoning, Partition & Subdivision Ordinance (UCZPSO) Section 23.05(3) identifies Plan Amendment standards the applicants are required to satisfy. 2. OAR 660-023-0180 identifies Mineral and Aggregate Resource rules the applicants are required to satisfy. 3. The subject property is in an A-4 Timber/Grazing Zone and the existing aggregate site includes a Surface Mining Overlay Zone. 4. The existing aggregate removal site is on the County Land Use Plan inventory list of basalt aggregate sites. 5. The site is accessed from Summerville Road which is a County road with a 60 foot right-of-way width and asphalt surface then over an easement road that has a 60 foot right-of-way width and gravel surface. 6. The subject property is in the Imbler School District but outside of any rural fire protection district. 7. The applicants are requesting to expand their existing 10 acre aggregate site to include an additional 51 acres in a Surface Mining Zone with an associated quarter mile perimeter Impact Overlay Zone around the 51 acres. 8. The appl i cants have provi ded Exh ibit " A" Vi cinity Map , Exh i bit " B" Detai l ed Location Ma p and cross sect i on excavation charts , and Exhibi t " C" responses to relevant criteria. 9. The applicants have satisfied UCZPSO Section 23.05(3) standards based on oral testimony, exhibits submitted with the application and the following: A. The current site is close to depletion and there is an anticipated need for rock in the local area; B. Alternative sites to satisfy the need for rock in the area have not been identified; and c. The transportation facility used for the existing site has been adequate and there is no expectation that future business will be any greater. 10. The applicants have satisfied OAR 660-023-0180 requirements based on oral t estimony, the e xhibits submitted with the appl i cation, and because it has been shown that the aggregate resource meets ODOT specifications for base rock and the amount of material e xceeds 500,000 tons. 3 Exhibit " C" Seubert Excavators, Inc. Edmondson Quarry DOGAMI ID No. 31·0023 Location: Approximately 3 miles west of the City of Elgin, Oregon Legal: Nl/2, NEl/4, Sl9, TIN, R39E WM and Sl/2, SEl/4, Sl9, TIN, R39E WM Tax Lot: 11-4-5300 Quarry Boundary Area: 61 acres D D - Map Key Quarry Boundary Access Road (already existing) Location and flow direction of nearby stream (Tributary of Phillips Creek) Location of stockpiles Note: Location of crushing plant will vary as material is extracted. Fuel supply to the crusher will be located with the crusher plant. Note: Concrete and asphalt plant (permanent or portable installation) to be located on mined quarry floor. Exact location to be determined as quarry floor expands and room becomes available to accommodate the operations. Note: See page 2/3 for cross sections A-A ' and B-B ' Note: See page 3/3 for cross sections C-C ' and D-D ' Prepared by: Chris Rehder, BSCE, Seubert Excavators, Inc. Date: 04/0512012 Page 1/3 BE IT REMEMBERED, that at a regular term of the Union County Boar d of Commissioners, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the Cit¥ of La Grande, in said County and State, on Wednesday of sa1d month and the time fixed by law for holding a regular term of said Court, when were present: The Honorable WILLIAM ROSHOLT Chairman STEVE MCCLURE Commissioner MARK DAVIDSON Commissioner WHEN, on Wednesday, the Jqfh day of ~~~ , 2012, among others the followi ng proceedings were had to-wit: IN THE MATTER OF AMENDING THE} UNION COUNTY LAND USE PLAN & } ZONING MAP AND EXPANDING AN } EXI STING SURFACE MINING ZONE } BY 51 ACRES (EDMONDSON) } ORDINANCE NO . 2012 - 02 WHEREAS , Donald & Rachel Edmonson , Seubert Excavators , Inc ., agent , submitted an a pplication to add 51 acres (part of Twp . 1N , Range 39 EWM , Tax Lot 5300 ) to an existing 10 a c re inventoried b asalt a ggrega te site and c h a n ge the c urrent A-3 Agricultural Forest Use Zone to a Surface Mining Zone and Surface Mining Impact Area Overlay Zone ; WHEREAS , DLCD was given 45 days notice prior to the first evidentiary hearing ; WHEREAS , the Union County Planning Commission advertised and held a pub lic hearing on August 6 , 2012 and made a recommendation to approve the application; WHEREAS , the Union County Board of Commissioners advertised and held a public hearing on September 5 , 2012 ; WHEREAS , the applicants submitted evidence that the aggregate resource meets ODOT specifications for base rock and the amount of material exceeds 500 , 000 tons . NOW THEREFORE , BE I T ORDAINED BY THE BOARD OF COMMISSIONERS , COUNTY OF UNION , STATE OF OREGON : SECTION 1 : UNION COUNTY LAND USE PLAN The Union County Land Use Plan Supplement - June 1984 is amended to include 51 acres shown i n the attached map (Exhibit C) as an addition to an existing 10 acre significant Goal 5 site in an Agriculture/Forest Plan Classific ation for inventoried basalt sites in Table AS. SECTION 2 : LAND USE PLAN/ZONING MAP The Union County Land Use Plan/Zoning Map is amended to c h ange 51 a c res shown in Exhibit C, attac hed and affixed hereto a nd made a p a rt of this ordinance , from an A-3 Agriculture Forest Use Zone to a Surface Mining Zone with an assoc iated e xpansion for the Surface Mining Impact Area Overlay Zone extending ~ mile from the expansion area . 1 SECTION 3: SUPPORTING FINDINGS This Ordinance is passed and adopted with the supporting findings and conditions inc l uded i n Attachment " A". PASSED AND ADOPTED this Jqfh day vote of the following &em ers of voting therefore. . . Mark Davidson, Commlssioner 2 Attachment " A" As Amended by Board of Commissioners September 5, 2012 1. Union County Zoning, Partition & Subdivision Ordinance (UCZPSO) Section 23.05(3) identifies Plan Amendment standards the applicants are required to satisfy. 2. OAR 660-023-0180 identifies Mineral and Aggregate Resource rules the applicants are required to satisfy. 3. The subject property is in an A-4 Timber/Grazing Zone and the e x isting aggregate site includes a Surface Mining Overlay Zone. 4. The e x isting aggregate remova l site is on the County Land Use Plan inventory list of basalt aggregate sites. 5 . The site is accessed from Summerville Road which is a County road with a 60 foot right-of-way width and asphalt surface then over an easement road that has a 60 foot r i ght-of-way width and gravel surface. 6. The subject property is in the Imbler School District but outside of any rural fire protection district. 7. The applicants are requesting to expand their e x isting 10 acre aggregate site to include an additional 51 acres in a Surface Mining Zone with an associated quarter mile perimeter Impact Overlay Zone around the 51 acres. 8 . The applicants have provi ded Exhibit "A" Vicinity Map , Exhibit "B" Detai l ed Location Map a nd cross section excavation charts , and Exhibit " C" responses to relevant cr i teria. 9. The applicants have satisfied UCZPSO Section 23.05(3) standards based on oral testimony, exhibits submitted with the application and the following: A. The current site is close to depletion and there is an anticipated need for rock in the local area; B. Alternative sites to satisfy the need for rock in the area have not been identified; and c. The transportation facility used for the existing site has been adequate and there is no e xpectation that future business will be any greater. 10. The applicants have satisfied OAR 660-023-0180 requir e ments base d o n ora l t est i mony, the exhibits submitted wi th the application, and because it has been shown that the aggregate resource meets ODOT specifications for base rock and the amount of material e x ceeds 500,000 tons. 3 Exhib i t " C" Seubert Excavators, Inc. Edmondson Quarry DOGAMI ID No. 3 1-0023 Location: Approximately 3 miles west of the City of Elgin, Oregon Legal: Nl /2, NEl/4, Sl9, TIN, R39E WM and Sl/2, SEl/4, Sl9, TIN, R39E WM Tax Lot: 11-4-5300 Quarry Boundary Area: 61 acres D D - Map Key Quarry Boundary Access Road (already existing) Location and flow direction of nearby stream (Tributary of Phillips Creek) Location of stockpiles Note: Location of crushing plant will vary as material is extracted. Fuel supply to the crusher will be located with the crusher plant. Note: Concrete and asphalt plant (permanent or portable installation) to be located on mined quarry floor. Exact location to be detennined as quarry floor expands and room becomes available to accommodate the operations. Note: See page 2/3 for cross sections A-A ' and B-B ' Note: See page 3/3 for cross sections C-C'and D-D ' Prepared by: Chris Rehder, BSCE, Seubert Excavators, Inc. Date: 04/05/201 2 Page 1/3 U N I O N C O U N T Y P L A N N I N G D E P A R T M E N T ~ 1 0 0 1 4 t h S t r e e t , S u i t e C L a G r a n d e , O r e g o n 9 7 8 5 0 - - ~t--¢3~~ : O r : . j ~ I!!«Z~ , _ z ~-. . . . - ' : ) . . _ , . 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