Overview of the Land Use Process For Mining and Aggregate Plan Amendment Applications Lane County Planning Commissioners April 2016 Presented by: Deanna Wright –Associate Planner, Lane County Public Works
What I will cover: 1. Applicability of the Goal 5 Rule 2. Provisions for Mining & Aggregate in the Rule “The 6 Steps” 3. Adoption Process 4. Questions
The Goal 5 Rule Oregon’s Statewide Planning Program: the 19 Goals Goal 5, Natural Resources, Scenic & Historic Areas, and Open Spaces Focus is on the Aggregate and Mineral resource within Goal 5
The Goal 5 Rule Originated in 1981, overhauled in 1996 & last amended in 2004 The 1996 Goal 5 Rule (OAR 660-023-180) is the main guiding law for processing aggregate applications The BIG change in the 1996 Rule was the inventory became applicant driven.
Mineral & Aggregate Adoption Process The land use type for a Mineral & Aggregate application is what's called a Comprehensive Plan Amendment and concurrent zone change. The plan amendment process requires LCPC & BCC public hearings with notice and opportunity to participate/comment/appeal.
Mineral & Aggregate Adoption Process Approval Criteria: Oregon Administrative Rules (OAR) 660-023-180 = MAIN CRITERION Oregon’s Statewide Planning Goals 1-19 (as applicable) Lane Code Method of Adoption, and application process criteria Applicable Transportation regulations
Mineral & Aggregate Adoption Process Six Main steps for Review of a Mining & Aggregate Application: 1. Determine Significance 2. Define impact area 3. Identify conflicts 4. Minimize conflicts 5. Evaluate ESEE consequences of mining (only if conflict can’t be minimized) 6. Decide whether to allow mining All steps guided by the Aggregate OAR
Mineral & Aggregate Adoption Process Step 1: Determine Significance Significance is determined by: Location –using mapping tools Quantity – rock must meet/exceed more than 2,000,000 tons material Quality – rock must meet ODOT base rock testing Per OAR, quarry can not be significant if mining site consists of more than 35% Class 1-2 soils.
Mineral & Aggregate Adoption Process Step 2: Define Impact Area Much of the rule’s provisions deal 1,500 feet with reduction of conflict of the mining with nearby land uses. The nearby area Mining Area is generally defined as 1,500’ from the boundaries of the mining area. Impact Area
Mineral & Aggregate Adoption Process Step 3: Identify conflicts of future mining What conflicting uses can be considered? Conflict evaluation limited to: 1,500 feet Noise, dust and other discharges (storm water, groundwater) • Mining Impacts to “local roads” (not ODOT jurisdiction) • Area Airports • Other County inventoried significant Goal 5 resource sites • Agricultural practices •
Mineral & Aggregate Adoption Process Step 4: What does “minimize conflict” mean? Reducing conflict to a level that is no longer significant . Identify “ reasonable and practicable measures ” to reduce any conflicts. Past Reasonable Examples: Advanced intersection warning signage for quarry haul trucks • Vegetation removal around road turns • Acoustical berms for noise reduction • Water sprayers for dust control •
Mineral & Aggregate Adoption Process Step 5: What if conflict can not be minimized? If conflict can’t be minimized then evaluate ESEE. Economic, Social, Environmental, and Energy = in-depth analysis ESEE does not occur in every Aggregate Plan Amendment Local government determines the conflicts that can not be mitigated Step 5 may not be necessary if conflict can be mitigated under conditions of approval
Mineral & Aggregate Adoption Process Economic Social Environmental Energy What is the economic consequences (positives and negatives) of allowing, limiting, or not allowing the mining?
Mineral & Aggregate Adoption Process Step 6: Decide whether to allow mining. If application meets approval criteria and the conflicts can be minimized with conditions of approval then amend the local Comprehensive Plan. OR If ESEE triggered then local government to evaluate ESEE consequences and then make a decision. Lastly, the Board’s decisions can be appealed to LUBA, Court of Appeals, & State Supreme Court.
Recap The applicability of the Goal 5 Rule Provisions for Mining and Aggregate Adoption Process Questions….
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