Minutes of Jan. 27, 2007, Special Meeting

OCEANSIDE NEIGHBORHOOD ASSOCIATION
(www.oceansidefriends.org )
Special Meeting, January 27, 2007
Minutes (Corrected at March 3, 2007, meeting)

President Judson Randall called the special joint meeting of the Oceanside Neighborhood Association and the Netarts Community Planning Advisory Committee to order at 10:20 a.m. Saturday, January 27, 2007, at the Oceanside Community Center. There were 90 names of Oceansiders on the sign-in sheet and 86 were counted in the audience at 11:10 a.m. A quorum is 37 persons. There were also 16 Netarts committee members and two persons from Cape Meares.

Jud reminded us that the sole subject of the meeting is the application submitted for overlay zones for several rock quarries in the Oceanside/Netarts/Cape Meares area by Green Crow Corporation. He thanked the subcommittee that prepared the proposed letter to be considered here and, if approved, submitted to the county. The group was headed by Steve Macartney and included Lindsay and Cara Mico, Bob Carter, Joanne Jene, Tonia Devon, Ann Kanyid, Deb Macartney, Kathie Kolody, Kris Woolpert, Tim Carpenter, and Diane Williams. Jud said that committee members would each have five minutes to present their topics and that members of the audience who wished to comment would each have three minutes. He explained the timing device we have used previously to let the speakers know how much time is left.

Steve Macartney rose to summarize the Green Crow application that requests overlay zoning for mineral: (1) to expand the Lighthouse quarry, including across the Cape Meares Loop Road and down the bluff (rock from the Lighthouse Quarry not destined locally is hauled north to the Bayocean Road and then to Highway 131); (2) two sites presently being quarried on Mt. Meares to be combined in an expanded overlay area (trucks that haul rock out of these operating quarries today haul over forest roads east to Highway 131 and out that way; and (3) the remaining site, the 30-acre 200 Line Quarry that is less than a mile east of Oceanside and above the community at elevation 600 feet in the amphitheatre that contains the village of Oceanside.

Steve explained that the ONA subcommittee decided to involve citizens of Netarts and Cape Meares, as this proposal will impact all of us. We want to approve an official response to the county, which must be in by Tuesday. The proposed letter makes recommendations asking for specific actions by the county. Steve encouraged individuals to provide written or oral testimony for the Planning Commission hearing at 7 p.m. on February 8. He said we hope to have impact at the county level, where ONA and the Netarts CPAC are recognized as advisory bodies.

In this process, first Green Crow is looking for zoning overlays from the county, then they will go to the state Department of Geology and Mineral Industry (DOGAMI) for approval.

Steve introduced Kathie Kolody to describe important definitions and concepts in this issue. Kathie explained that an aggregate site must have a specified quality and amount of rock reserves to be considered “significant”: 100,000 cubic yards here or 1 million cubic yards in the Willamette Valley. Figuring a truckload at 10 cubic yards, there are about 580,000 truckloads at the Lighthouse pit, 645,000 truckloads at the Mt. Meares consolidated pit, and 193,000 truckloads at the proposed 200 Line pit near Oceanside, based upon the ESEE analysis from Green Crow. Kathy discussed “impact areas,” saying that generally they are defined as extending 1,500 feet from the mining area. However, local officials must determine the impact area. The letter we are considering for approval proposes that the impact area of the 200 Line pit include Oceanside. “Conflicting uses” are a use or activity that is subject to land use regulations and that would interfere with or adversely be affected by mining or processing activities at a significant site. Conflicts are limited and include noise, dust, discharges, potential conflicts due to roads used for access and egress within one mile of the site, etcetera. The proposed letter recommends that the quarry owners correct all deficiencies and maintain local roads or use forest roads for hauling. Kathie noted that the county commissioners are now talking about an aggregate fee as one way to bolster depleted county funds for roads. Kathie explained another element, the state mandated “Goal V process” that requires: 1) determining if the site is significant, 2) defining the impact zone, 3) identifying conflicting uses, and 4) conducting an ESEE analysis to determine the economic, social, environmental, and energy impacts of the conflicting uses. Kathie said the ESEE analysis in the Green Crow application claims a $43 million value for the aggregate vs. $4.4 million for the value of the land and indicates that the social, economic, and energy impacts are insignificant.

Jud announced that Lisa Phipps was here to answer questions. Jud had invited Roy Jones and Chuck Adams from Green Crow to come but they could not make it.

Tim Carpenter next talked about issues with road conditions on the Cape Meares Loop Road, the Bayocean Road from Cape Meares to Highway 131, and Highway 131. He said these have deteriorated due to heavy truck traffic. Tim read from regulations for a mineral overlay: “Improvement to public roads outside the extraction area may only be required as necessary to correct safety deficiencies and to provide effective dust control.” The Green Crow application states there are no known deficiencies outside the extraction area. The proposed letter questions this. Now trucks from the Lighthouse Pit use Cape Meares Loop and Bayocean roads, creating a safety hazard for people in Cape Meares. If the road is closed at the slide area near the Cape Meares Lighthouse, traffic must come south through Oceanside and Netarts. Regarding the 200 Line quarry, Green Crow has contacted Stimson for permission to haul on the 200 line road east to Highway 131. The subcommittee’s proposed letter recommends that trucks from the Lighthouse pit also use this route.

Jan Fortin, who lives near the top of Oceanside’s Camelot area, reported her personal observations of when the 200 Line quarry was operational in October and November of 1996. She described the disturbing noises that could be heard throughout Oceanside. Since that time, the area around the mine site has been logged; this removed the sound barrier of trees. Jan stressed that this disruptive noise affects everyone. She quoted a licensing staff person at DOGAMI, who said “A gravel quarry is your worst neighbor.”

Jan introduced Tim Williams from Cape Meares to talk more about the roads. Tim introduced Ann Kanyid, president of the Cape Meares Community Association. Hauling gravel over the Bayocean Road has weakened the road and made it unsafe. Double haul and extra long trailers cannot stay within the lines on the curves on Bayocean Road. Fishermen parked alongside Meares Lake have had side mirrors knocked off their vehicles by passing trucks. Fortunately no children have been injured. Tim said we also need to know the impact of this development on the watershed.

Bob Carter spoke next on the natural amphitheatre configuration of the Oceanside community as it would be affected by the 200 Line Quarry. He said there would be considerable noise impact on the community. The quarry site looks down on us from its elevation of 600 feet; it is higher than any point in Oceanside. Mining and processing activities can occur between 7 a.m. and 10 p.m. Monday through Saturday; Sundays and six legal holidays are the only days when these operations cannot occur. Drilling and blasting is limited to 9 a.m. to 6 p.m. Monday through Friday; hauling can occur at any time.

Tonia Devon reminded the group that if they plan to provide written testimony for the decision-makers, they should do that by Tuesday, January 30. She gave tips for legal wording of testimony: for example, call noise a “private and public nuisance,” defined as “a substantial and unreasonable interference with someone else’s use and enjoyment of their land or other real property such as a home, rental, or motel.” “Substantial nuisance” legally means that the interference is big enough to reduce the property’s market or rental value. “Unreasonable” means in law that average costs outweigh average benefits. This cost benefit calculation applies to the property owner.

Elki Powers suggested sending copies of the letter to each commissioner. Jud reminded the audience that they can write individual letters. Kimberly Theobold asked what the county might gain by denying our request. Lisa Phipps responded that these are private quarries; this is a commercial venture by a private entity. There is a shortage of good quarry rock across the state. The county doesn’t get any revenues other than taxes on the site. Sarah Harlan asked if there was time to create a 3-D model to demonstrate the impact of the 200 Line quarry. Lisa said testimony can be prepared up to and including the Feb 8 Planning Commission hearing. She suggested local sources of noise monitoring equipment. She thinks the hearing may be continued, however, as staff have recommended to the applicant that they cannot support the application as submitted. If a continuance happens, the ONA, Netarts CPAC, and Cape Meares group will be notified.

Ed Gorzynski told of his experience with the noise generated when the timber was harvested off the hill where the 200 Line quarry is located. He also asked Lisa why we were not informed earlier about the application, which was submitted last September. Lisa responded that it was labeled with the wrong tax lot number and she did not recognize it as something occurring in our area. She said this is another reason for encouraging a continuance, to give the communities more time to get involved.

Richard Powers asked for clarification on the 1,500-foot impact area. Steve explained that it was proposed by the applicant and is measured from the edges of the mine pit. Steve quoted a state administrative rule that says “the local government shall determine an impact area for the purposes of identifying conflicts with proposed mining and processing activities.” In the letter, we’re asking that the county determine the impact area to include Oceanside.

Jim Carlson, chair of the Netarts CPAC, asked Lisa why the planning department is still understaffed. Lisa said that in three rounds of interviews they have had only four applicants who met minimum qualification. They hired one, who will take time to get up to speed. The shortage of planners is a problem statewide. Counties pay less than cities or private companies. Tim Lutz, county assessor and new Oceanside resident, verified Lisa’s comments on the staff/workload problems at the county. Later Sue Wainwright asked Lisa how expansive the search for new planning staff has been. Lisa said it has been confined to the Northwest, but now they are looking at websites that will expand the search internationally.

Kathie Kolody asked if the required noise analysis has been completed. Lisa said that is one of the things that was not adequately addressed in the ESEE analysis. Sharon Darcy asked if there were any Measure 37 implications if the quarries are approved and property values go down. Lisa replied that Measure 37 was designed for property owners who are impacted by ordinances that apply specifically to their property. Any neighbor’s relief would come from a nuisance claim, a tort claim or some type of civil action against Green Crow or the county. You cannot file a claim for a zoning change that does not apply to your property. Bob Deacon, a new Camelot resident, said he is the geologist who did the original mapping of the material that overlays the hill to the east. He suggested asking if this is the best location for a quarry. He said once a quarry is developed, it is very difficult to modify the operation. The life expectancy for a quarry is at least a 20 to 30 years.

Bob Carter was recognized to make a motion that the proposed letter drafted by the subcommittee be accepted by the ONA as its statement to the Department of Community Development and that the ONA president be authorized and instructed to deliver it. Don Seymour seconded the motion.

In discussion, Elki suggested adding copies to the county commissioners as well members of the Planning Commission. Sarah Harlan asked why the Mount Meares quarries were accepted as they are currently running. Steve explained that those quarries are currently operating and have minimal impact. The loads are hauled out on forest roads to Highway 131. Sarah thought that for negotiating purposes, we should reserve something we would be willing to give up, such as the Mount Meares quarries. Lisa pointed out that this is not a matter for negotiation—these are recommendations that we want the Planning Commission and the Board of Commissioners to accept as is.

Bob Carter commented that the 200 line quarry and the traffic from the Lighthouse pit are the most important to us. On a question of who would decide on the application, Jud explained that the Planning Commission would make a recommendation to the County Commissioners, who would make a final decision. Each decision can be appealed.

Richard asked about the expansion of the Lighthouse Pit west across the Cape Meares Loop Road. Steve replied that our recommendation is that the pit should not be expanded to the west. Pam Zielinski asked about the impact of blasting on homes built on sand dunes. She hopes that individuals who live in such homes will write about this. Joan Cutuly commented that while noise nuisance laws have to do with market value, there are significant health hazards resulting from noise, such as Netarts residents experienced during the Centex development’s initial stages. She listed many symptoms that were experienced every day for nearly four months. Sarah Harlan reported for a neighbor on Radar Road who complained about trucks using exhaust brakes as they came down the Cape Meares road and who increased this practice after she made the complaint.

After noting that several people had left, Jud asked for a vote on the motion, starting with Oceansiders. Sixty-eight were in favor of the motion; there was one opposed. Jim Carlson asked to clarify for the Netarts CPAC that this is a special meeting for them and that there is enough representation here to qualify for a quorum. Ten aye votes and one vote in abstention were counted for Netarts. Two votes from Cape Meares (representing 200 people) were aye votes in favor of the motion. The motion passed, 80 in favor, 1 opposed, and 1 abstention.

Steve moved that the The Capes homeowners association be allowed to join in submitting the letter. Jim Carlson asked if the Capes representative was a representative of the board and had their vote. This was verified. Richard asked if everyone should sign the letter. Jud said he would send copies of the sign in sheets and have the community representatives sign the letter.

There being no further business, the meeting was adjourned at 11:40 a.m.

Respectfully submitted,
Mary Auvil
Secretary