NOTICE OF PUBLIC HEARING
Malheur County Planning Commission will hold a telephonic public hearing on February 22, 2024 at 07:30 pm.
In person attendance is available at the Malheur County VA office – 316 NE Goodfellow St, Ste. #2, Ontario OR 97914.
Directions to join remotely:
Login by computer/tablet/smartphone: https://www.GoToMeet.me/MCPZ/PC
Call in: (312) 757-3129
Access Code: 644-177-621
Applicant A: Darren Lee: a continuance from the January 25, 2024 hearing
Action #1: Post acknowledgement plan amendment to include approximately 180 acres of tax lot 3200, a 308.42-acre parcel, Assessor’s map 16S47E, in the Comprehensive Plan Goal 5 Resource Inventory as a significant aggregate site. Planning Department file #2023-12-010.
Action #2: Conditional use application for aggregate mining and processing in an exclusive farm use zone. MCC Title 6, Chapter 3, section 6-3A-3(E); Chapter 6, section 6-6-8-4 and OAR 660 division 23.
Site is located west of the intersection of Hwy 201 and Mesquite Road, about 1 mile west on Mesquite Rd.
STAFF REPORT
SIGNED ORDER
SUPPORTING DOCUMENTATION:
Exhibit 1: Application
Exhibit 2: 1,500 ft Impact area map
Exhibit 3: Email from Clancy Flynn of Owyhee Irrigation District
Exhibit 4: Email from Amanda Punton of DLCD
Exhibit 5: Email in opposition with attachments, submitted by Tina Cassity, 01.17.2024
Attachment A: DOGAMI Suspension Order, dated 03.08.2023
Attachment B: Email from Cari Buchner of DOGAMI, dated 03.08.2023
Attachment C: Email from DOGAMI to Brian Sheets, dated 06.22.2023
Attachment D: Wetland Map Deer Migration
Attachment E: Jasmine Rd Photo Evidence
Attachment F: Link to video evidence, submitted by Tina Cassity
Exhibit 6: Email from Cari Buchner of DOGAMI
Exhibit 7: Letter from Karl Shrum of Rural Road Assessment District No.3
Exhibit 8: Copy of the Malheur County Justice Peace Citation No. 76082 as submitted by Tina Cassity
Exhibit 9: Letter in opposition from Brian & Pam Borjas
Exhibit 10: Letter in opposition from Don and Patty Dickinson
Exhibit 11: Letter in opposition from Dinah Lord
Exhibit 12: Letter in opposition from Bill and Riley Downing
Exhibit 13: Letter in opposition from Dinah Lord (second notice)
Exhibit 14: Letter in opposition from Don & Patty Dickinson (second notice)
Exhibit 15: Letter in opposition from Treasure Valley Farms
Exhibit 16: Letter in opposition from Mike Hastings
Exhibit 17: Letter in opposition from Ty Wyman, legal counsel representing Mike Hastings
Exhibit 18: Letter from Amanda Punton of DLCD
Exhibit 19: Letter from ODFW
Exhibit 20: List of Darren Lee’s Contacts – provided by Darren Lee
Exhibit 21: Noise and dust impacts – provided by Tina Cassity
Exhibit 22: Quantity testing information – provided by Mike Hastings
Exhibit 23: Letter from Brian Sheets, legal counsel representing Darren Lee
Exhibit 24: National Wetlands Inventory Map – provided by Tina Cassity
Exhibit 25: US Fish and Wildlife letter – provided by Tina Cassity
Exhibit 26: Congressional Inquiry letter – provided by Tina Cassity
Exhibit 27: Jasmine Slope Land Topography (before) – provided by Dinah Lord
Exhibit 28: Jasmine Slope Land Topography (after) – provided by Dinah Lord
Exhibit 29: Parcel adjacent to Cassity/Dickenson property – Land Topography (before) – provided by Dinah Lord
Exhibit 30: Parcel adjacent to Cassity/Dickenson property – Land Topography (after) – provided by Dinah Lord
Exhibit 31: Parcel adjacent to Downing/Ryals property – Land Topography (before) – provided by Dinah Lord
Exhibit 32: Parcel adjacent to Downing/Ryals property – Land Topography (after) – provided by Dinah Lord
Exhibit 33: Parcel accessed from Mesquite Rd – Land Topography (before) – provided by Dinah Lord
Exhibit 34: Parcel accessed from Mesquite Rd – Land Topography (after) – provided by Dinah Lord
Exhibit 35: Letter of opposition from Dinah Lord
Exhibit 36: Oregon State Wetland Inventory Map – provided by Tina Cassity
Exhibit 37: History of Alternative Resources – provided by Mike Hastings
Exhibit 38: Comments from Jackson Morgan, Aquatic Resource Coordinator of DSL
Exhibit 39: Letter (second addendum) from Brian Sheets, legal counsel representing Darren Lee
Exhibit 40: Picture of water at the mining site, as submitted by Dinah Lord
Exhibit 41: Letter of opposition (subsequent) from Dinah Lord
Exhibit 42:
a. Letter from Ty Wyman, legal counsel representing Mike Hastings
b. Letter from Peter Finley Fry, AICP, PhD addressed to Ty Wyman
d. Peter Finley Fry, AICP, PhD Resume
Exhibit 43: Wildlife and habitat maps and information – provided by Robert Cassity
Exhibit 44: National wetlands inventory maps and information – provided by Tina Cassity
Please note, the call-in number is not toll free, this shouldn’t be a problem if you are calling from a cell phone. A toll-free number is available upon request, by calling the Planning & Zoning office at (541) 473-5185.
Interested persons may appear and will be provided an opportunity to be heard. For the health and safety of the Planning Commission members and members of the public, Malheur County encourages people to join electronically. Written comments may be received prior to the hearing by sending them to the Planning Department, 251 B Street West #12, Vale, Oregon 97918 or Tatiana.Burgess@MalheurCo.org.
Testimony, arguments and evidence must be directed toward the criteria set out above, or other substantive criteria in Malheur County’s Comprehensive Plan or land use regulations that the person believes apply to the application.
Failure to raise an issue at the hearing, in person, or by letter, or failure to provide sufficient specificity to afford the Planning Commission an opportunity to respond to the issue precludes an appeal to the Malheur County Court or the Land Use Board of Appeals based on that issue.
A copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at the Malheur County Planning Department Monday – Friday from 8:30 a.m. – 12:00 (noon) and 1:00 p.m. to 4:30 p.m. or on the county website www.malheurco.org/planning-department at no cost. Copies can be provided for $0.25 per page. In addition, copies of the Staff Report will be available at least seven (7) days prior to the hearing at a reasonable cost or can be viewed on the County website or in the planning department office at no cost. Please contact the Planning Director (541-473-5185) for additional information.
Public Hearing Transcribed Minutes