Overview of the Land Use Process For Mining and Aggregate Plan - - PowerPoint PPT Presentation

Deanna Wright –Associate Planner, Lane County Public Works April 2016

Overview of the Land Use Process For Mining and Aggregate Plan Amendment Applications

Presented by:

Lane County Planning Commissioners

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 with reduction of conflict of the mining with nearby land uses. The nearby area is generally defined as 1,500’ from the boundaries of the mining area.

1,500 feet 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:

• Noise, dust and other discharges (storm water, groundwater)
• Impacts to “local roads” (not ODOT jurisdiction)
• Airports
• Other County inventoried significant Goal 5 resource sites
• Agricultural practices

1,500 feet Mining Area

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….