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Sunny Valley S&G

SUNNY VALLEY SAND AND GRAVEL (SUNNY VALLEY S&G)

I. HISTORY

II. LAND USE APPLICATION PLANNING PROCESS

. December 18, 2013 JO CO Planning Pre-Application Review by Josephine County (JO CO) Planning Office (JO CO Planning)

. March 2014 Sunny Valley S&G Land Use Application (1,400 pages) at JO CO Planning Office

. April 4, 2014. JO CO Planning Notice of Public Hearing

 

APPLICANT: Sunny Valley S&G LLC

LOCATION: 153 Daisy Mine Road.

LEGAL: 34-05-08, TL 400/34-05-08, TL 1002/34-05-07, TL 1200/34-05-07, TL 1300

ZONE: Woodlot Resource (WR)/Rural Residential (RR-5 Acre).

REQUEST: If approved, this request will allow, with conditions, to add the proposed aggregate site to the County’s significant aggregate inventory; change the comprehensive plan map from Forest/ Residential to Aggregate and change the zone from Woodlot Resource (WR)/Rural Residential (RR-5 Acre) to (MARZ). In addition, to authorize the mining operation on the subject parcels.

CRITERIA: See Section IV that follows: Standards & Criteria.

 

. April 18, 2014 JO CO Planning Staff Report

 

STANDARDS AND CRITERIA (see Section IV)

 

PROPOSED CONDITIONS

 

. General Operations Related Conditions

. Traffic Related Conditions

. Groundwater Related Conditions

. Acoustic Related Conditions

. Air Quality Related Conditions

. Wetland/Riparian/Flood Related Conditions

 

April 18, 2014 JO CO Planning Staff Report Attachments

 

. Goal 5 Regulations Table & Regulations Texts

. Agency Comments

. Impact Area Agreement Summary Letter

. Comments From Public

. Sunny Valley Sand & Gravel Applications (1,400 pages) at JO CO Planning Office

 

. Josephine County Planning Commission

 

. April 29, 2014 1^st JO CO Rural Planning Commission Hearing

. May 5, 2014 2^nd JO CO Rural Planning Commission Hearing

. May 19, 2014 3^rd JO CO Rural Planning Commission Hearing

.   Part 1 Video

.   Part 2 Video

.   Part 3 Video

. May 26, 2014 4^th JO CO Rural Planning Commission Hearing

. June 2, 2014 5^th JO CO Rural Planning Commission Hearing

 

. June 23, 2014 JO CO Planning Staff Report to Board of County Commissioners

 

. Josephine County Board of County Commissioners (BCC)

 

. June 23, 2014 1^st JO CO Board of County Commissioners Hearing

. June 27, 2014 2^nd JO CO Board of County Commissioners Hearing

. July 14, 2014 3^rd JO CO Board of County Commissioners Hearing

. July 28, 2014 4th & Final JO CO Board of County Commissioners Hearing

.  Gravel Mine Wins Approval – Conditionally  (See Section VI. July 29, 2014 Article "Gravel Mine Wins Approval – Conditionally")

 

. Draft Findings of Fact and Conclusions of Law Approving the Land Use Applications for the Sunny Valley Aggregate Mining Operation: Early October 2014

 

p.s. This web site, except for specific written citizen and/or sponsor requests, will not be revised and/or updated after June 15, 2015.

Josephine County

 

. JO CO Planning Dept.

. JO CO Public Works Department

. JO CO Rural Planning Commission

. JO CO Board of County Commissioners (BCC)

 

Oregon State Agencies

 

. Oregon Dept. of Geology & Mineral Industries (DOGAMI)

. Oregon Dept. of Fish & Wildlife

. Oregon Dept. Land Conservation & Development (DLCD)

. Oregon Water Resources Department (OWRD).

. Oregon Dept of Transportation (ODOT)

. Oregon Division of State Lands (DSL)

. Oregon Dept. of Environmental Quality (DEQ)

. Others?

 

Federal Government

 

. Army Corps of Engineers

. Others?

Identified by Josephine County

. April 4, 2014 JO CO Planning Notice of Public Hearing

CRITERIA: The criteria (listed by citation and caption only) applicable to the request: Rural Land Development Code: Article 46 ~ Amending & Updating the Comprehensive Plan; Article 66.1 ~ Mineral & Aggregate Resource Zone (MARZ); Article 91 ~ Aggregate Operating Standards; Josephine County : Goal 7 ~ Preserve Valuable Limited Resource, Unique Natural Areas and Historic Features; and Goal 11 ~ The Comprehensive Plan Shall Be Maintained, Amended, And Updated As Necessary; Oregon’s Statewide: Goal 2 ~ Land Use Planning; and Goal 5 ~ Natural Resource, Scenic and Historic Areas, and Open Spaces; OAR 660.023-0180 – Mineral and Aggregate Resources

. April 18, 2014 JO CO Planning Staff Report

 

. Requested Action From Applicant’s Land Use Application

. Purpose Of Applicant’s Land Use Application

. Review Authority Of The Planning Commission

. The Request

. The Application & Review

 

. Goal 5 Process - State & Local Regulations

 

Step 1. Determine impact area and existing uses.

Step 2. Minimize impacts and allow, limit or prohibit mining.

Step 3. If conflicts are not minimized in Step 2, and ESEE analysis is required to determine if future conflicting uses will be allowed, limited, or prohibited.

Step 4. Implement mining by changing the zone to MARZ.

 

. Regulations Review

 

Step 1. Text Amendment to Add the Site to the Josephine County Inventory of Significant Aggregate Sites.

Step 2. Allow, Limit, or Prohibit Mining.

Step 3. Allow, Limit, or Prohibit Surrounding Conflicts.

Step 4. Change the Comprehensive Plan Map to Aggregate Resources (AR) and the Zone Map to MARZ.

Identified by Other Sources

. State & Federal Standards

. RLDC ARTICLE 12 - Administration 12.010 - Scope & Compliance. 12.020 Consistency with Plans and Laws

B. Actions initiated and approved under this code shall be consistent with the requirements of the Josephine County Comprehensive Plan, the Goals and Policies of the Comprehensive Plan, and any applicable local, state, or federal laws, rules and regulations.

. RLDC - Article 31 - Public Hearings, 31.070 - Burden and Nature of Proof.

B. The decision of the hearing body shall be supported by substantial evidence in the record. The applicant shall address the required criteria and present evidence as appropriate to the specific proposal. In addition to the standards and criteria for the specific type of application, the hearing body shall deem the following criteria applicable to its decisions: 1. Conformance with the Josephine County Comprehensive Plan to include its Goals and Policies; 2. Conformance with applicable state laws, rules, and regulations pertaining to land use and the specific proposal, including the applicable Oregon Administrative Rules in Chapter 660 and guidelines contained in the statewide planning goals;

. Morrill Act of 1862 & Ownership of Mineral Resources

Preliminary Issues (Identified from news articles - see Section VI)

Land Use Testimony For The Record: Agencies

. October 25, 2013 OR Dept. of Fish & Wildlife

. October 25, 2013 JO CO Public Works

. November 26, 2013 OR Dept. Of Land Conservation & Development (LCDC)

. May 13, 2014 OR Department of Water Resources

. Others?

Land Use Testimony For The Record: Public

. March 2014 Sunny Valley S&G Land Use Application

. April 28, 2014: Rogue Riverkeeper, Rogue Advocates, Western Environmental Law Center

Land use testimony after June 15, 2015 will be web published upon request by a concerned citizen to the ELUT Program accompanied by the electronic letter in a pdf format.

The Grants Pass Daily Courier (TDC): Articles

 

. September 18, 2012 Sunny Valley Gravel Pit Plan Draws Protests (article)

. April 26, 2014 Hearing Set for Proposed Sunny Valley Gravel Mine (article)

. April 29, 2014 Sunny Valley Gravel Hearing Pulls in a Packed House (article)

. May 13, 2014 Aggregate Mine Clears Planning Hurdle (article)

. May 16, 2014 The Rule Of Law In Land-Use Controversies (article)

. May 17, 2014 Readers’ Comments On The Rule Of Law In Land-Use Controversies (Post A Comment)

. May 20, 2014 Neighbors Protest Gravel Mine

. June 3, 2014 No Concrete Decision

. June 24, 2014 Commissioners Hear Gravel Mine Growls

. . . .

. July 29, 2014 Gravel Mine Wins Approval -- Conditionally

News articles after June 15, 2015 will be web published upon request by a concerned citizen to the ELUT Program accompanied by the electronic letter in a pdf format.

The Grants Pass Daily Courier: Letters To The Editor (TTTE)

 

. May 9, 2014 Letter To Editor, TDC, Gravel Pit Would Do More Harm Than Good

. May 11, 2014 Letter To Editor, TDC, Best Place For Placer Is Somewhere Else

. May 18, 2014 Sunny Valley Residents Paid For Geology Experts

. May 21, 2014 Gravel Truck Will Make Sunny Valley Less Safe

. May 25, 2014 Global Natural Resources Interests Are Taking Over

. June 6, 2014 Check All Costs Before Allowing Gravel Mines

. June 12, 2014 Gravel Pit Would Only Harm Sunny Valley

. June 15, 2014 Not Enough Water To Support Aggregae Mine

. June 19, 2014 Residents Cheated When Zoning Rules Change

. June 20, 2014 Sunny Valley Taxpayers Deserve To Be Heard

. Aug 7, 2014 Local Mine Ruling Shows Need For New Leaders

. Aug 8, 2014 Gravel Mine Decision Dangerous For Residents

. Aug 8, 2014 Sunny Valley Decision Sets Precedent In County

. Aug 8, 2014 That Thud Was Taxpayers Being Hit By County

. Aug 22, 2014 Leaders Should Consider Gravel Pit Closer To Home

. Aug 26, 2014 Board’s Decision Not Best For County Residents

. Sept 2, 2014 Perhaps Walker Not One We Should Be Recalling

. Sept 3, 2014 Time For Clean Sweep On County Commission

. Sept 4, 2014 Commissioners’ OK Of Sunny Valley Mine Shameful

. Sept 7, 2014 Perfect Candidate Would Be Responsible To Voters

. Sept 9, 2014 County Government Abuses Its Power

. Sept 9, 2014 Sunny Valley Feels Let Down By Commissioner

 

Letters to the Editor after June 15, 2015 will be web published upon request by the letter writer to the ELUT Program accompanied by the electronic letter in a pdf format.

Letters To The Editor ELUT

. August 28, 2014 Letter To Editor, To The People Of Josephine County

1. May 2, 2014 Training Workshop (Informal Table Talk:  30 minutes of presentation and Q &A)

a) Training Handouts/Overheads

(1) May 2, 2014 Training Workshop on Effective Land Use Testimony.

(2) Findings Must, ORS 215.416(8), What Are Findings?

(3) Assignments of Error (AOE), OAR 661-010-0030(4)(d).

(4) Legal Definition of AOE.

(5) Summary AOEs Examples From Local & LUBA Land Use Testimony.

(6) Land Use Training Brochures Web Published

(7) Registration For Training Workshop

(8) Compliance With Applicable State & Federal Standards (developed after 1^st workshop)

(9) Others?

 

b) Neighbor Handouts

(1) Why Put A Gravel Pit/Mining Operation That Creates A Known carcinogen (Cancer-Causing) Right Next To Homes & A School? (no author, date, etc.)

(2) Air Issues Fact Sheets, Wisconsin (submitted after 1st workshop)

 

2. May 30, 2014 Training Workshop (Informal Table Talk: 2.5 hours Q & A)

 

a) Training Aids: Real SVS&GLUA Testimony Examples

(1) Draft Review Testimony Letter to the JO CO Board of County Commissioners from Walker on and Assignment of Issue for Conditions of Approval

(2) June 11, 2014 Letter/Email Testimony to JO CO BCC from Walker on Sunny Valley Sand & Gravel Land Use Application Assignment of Issue: Documented Compliance Determinations for Conditions of Approval to Meet Criteria That Determinations Are Made at a Stage That Provides Opportunity for Public Review and Comment

(3) Aggrieved Person Statement

(4) Draft Review Testimony Letter to the JO CO Board of County Commissioners from Ahlf on and Assignment of Issue for Health

(5) June 15, 2014 Letter/Email Testimony to JO CO BCC from Walker on Testimony Process

(6) June 26, 2014 Letter/Email Testimony to JO CO BCC from Walker on Testimony "Item" Record Process

 

Followup Consultations

 

Educational Materials: Land Use - Citizen Involvement (CI)

http://www.hugoneighborhood.org/citizen.htm

 

Educational Materials: Citizen Involvement Issues

http://www.hugoneighborhood.org/Citizen_Involvement_Series.htm

 

Findings

. Land Use Decisions: What Are Findings?

. Standards and Criteria

. Facts

. Standards Are, Or Are Not, Satisfied

. Must Address Relevant Issues Raised by Public

. Conditions of Approval

. LUBA Remand

. LUBA Reversal

 

Party or Standing

. A Party, Or A Witness?

. Aggrieved Party

. Adversely Affected Party

. "Actual" Notice of Decision

. Geographic Proximity

 

Points of Order

. Point of Order

. Raise It or Waive It Point of Order

 

Effective Land Use Testimony Program

http://www.hugoneighborhood.org/training.htm

 

Issues Treated Resulting From Followup Consultations

 

1a. Letter Writing Principles of Effective Land Use Testimony (see May 2, 2014 Training Workshop training aids)

1b. Example Effective Land Use Testimony "Letter" For The Record (see May 30, 2014 Training Workshop training aids)

2. For The Record (see Main ELUT web page, Section V.E., Association Resources’ article "For the Record, or Not" 2007

3. Adversely Affected Person Statement (see Party or Standing above)

4. Aggrieved Person Statement (see Party or Standing above)

5. Points Of Order (see Party or Standing above)

6. History Inventories (see Assessment of Proposed Pioneer Meadows Subdivision Containing Applegate Trail Resources. 2007. http://www.hugoneighborhood.org/AP.htm)

Web References

. Respirable Crystalline Silica from Sand Mining in Wisconsin, August 07, 2013, http://www.dhs.wisconsin.gov/eh/air/fs/RCS.htm (neighbor submitted)

. Others?

 

VIII. MAPS

 

Josephine County Assessor

 

. T.34S., R.6W., Section 11, W.M.

. T.34S., R.6W., Section 12, W.M.

. T.34S., R.5W., Section 7, W.M.

. T.34S., R.5W., Section 8, W.M.

 

Sunny Valley Sand & Gravel LLC

 

. August 17, 2012 Map. PreApplication Proposed Development Site

. March 2014 Sunny Valley S&G Land Use Application (1,400 pages) at JO CO Planning Office

 

Josephine County Planning Office

 

date? JO CO Planning Pre-Application Review

April 4, 2014 Public Hearing Notice for Planning Text Amendment Comp Plan Zone Change

 

Effective Land Use Testimony Training Orientation Aids

 

Map 1. Sunny Valley Sand & Gravel Land Use Application

Map 2. Sunny Valley Sand & Gravel LLC Land Use Application Regional Grave Creek

 

AERIALS

 

Aerial 1. Google Earth: Sunny Valley Sand & Gravel Land Use Application

 

* JO CO Planning = Josephine County Planning Office

** ELUT = Effective Land Use Testimony Training Orientation Aid

 

p.s. This web site, except for specific written citizen and/or sponsor requests, will not be revised and/or updated after June 15, 2015.

© 2012 Hugo Neighborhood Association & Historical Society