PM.12-EXAMPLE-PME-Quarry Plan-101.b

ELLETT ROCK QUARRY

OPERATION PLAN &

PROPOSED EXPANSION SEVEN MILE QUARRY

Approval Criteria: Wasco County

DOGAMI (Department of Geology & Mineral Industries) Columbia River Gorge Commission

Owners: James & Loretta Ellett 5693 Chenoweth Road The Dalles, OR 97058

Prepared by: Phil Martinson Engineering, Inc. 19550 SE Debora Drive Boring, OR 97009

November 1, 2000

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TABLE OF CONTENTS I. SYNOPSIS ......................................................................................................... 3 II. QUARRY HISTORY ........................................................................................ 3 III. LOCATION & LEGAL DESCRIPTION ........................................................ 3 IV. TOPOGRAPHY & PROPERTY DESCRIPTION .......................................... 3 V. SCENIC RESOURCE PROTECTION ISSUES ............................................. 4 VI. QUARRY DESIGN ............................................................................................ 4 VII. MINING PLAN ................................................................................................. 4 VIII. MINING AREAS .............................................................................................. 5 IX. SCREENING PLAN ......................................................................................... 6 X. RECLAMATION ............................................................................................... 6 ADDENDUM - EXHIBITS

EXHIBIT A – QUARRY LOCATION MAP EXHIBIT B – QUARRY SITE DRAWING EXHIBIT C – QUARRY CONTOURS EXHIBIT D – QUARRY PHOTOGRAPHS EXHIBIT E – FOREST SERVICE HERITAGE REPORT EXHIBIT F – TAX MAP INFORMATION EXHIBIT G – OLD APPROVAL – DEVELOPMENT REVIEW EXHIBIT H – OLD APPROVAL MAP

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I. Synopsis

This Report is a Quarry Operation plan for Continued operation and expansion of an existing rock quarry involving approximately 13.11 acres of a 62.59-acre parcel in the “A-1 Large Scale Agriculture zone in the General Management Area of the National Scenic Area. The Ellett Quarry is located approximately 2 miles west of the city of The Dalles. The existing quarry is located on a 62.59-acre parcel, and the request is for operation on 13.11 acres. The existing operation is 8.67 acres (Areas “A”, “B”, “C” and “D.1”). The expansion area includes 4.44 acres (Areas “D.2” and “D.3”). An additional, 2.08 acres (Area “R”) will be reclaimed to its original or equivalent state. The current quarry operates during daylight hours, sometimes 7 days per week, depending on the demand.

II. Quarry History

The Quarry has been in continual operation for the past 60 years. The current owners are James and Loretta Ellett. The Quarry has operated for the past 10 years under permits from the Oregon Department of Geology and Mineral Industries (DOGAMI) permit #33-0056 and Wasco County File Number C90-0249-W-G-18. The prior approval covered 13 acres. This request is to maintain 13 acres of quarry operation area by reclaiming a portion and expanding into another area. The area to be reclaimed has the potential to be seen from a “Viewing Area” along Highway SR 14 on the North side of the Columbia River. The area to be expanded is hidden from view by landscaped berms on the property.

III. Location & Legal Description

The subject property is a 62.59 acre parcel located northwest of and adjacent to Sevenmile Hill Road just west of The Dalles, Oregon. It is located in the SW ¼ of Section 24, Township 2 North, Range 12 East of the W.M. - Tax Lot 12500 of Assessor’s Map 2N 12 in Wasco County, Oregon.

IV. Topography & Property Description

The Parcel is situated on a 30 percent slope with a southeast facing aspect. Except for a few isolated oak trees and riparian vegetation associated with two creek channels, which flow down the slope, the slope is bare of significant woody vegetation. The existing disturbed pit run shale area that lies above the 800 foot elevation and the proposed area of expansion upslope from this area are visible from the —identified key viewing areas.

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V. Scenic Resource Protection Issues The Ellett Quarry is located is within the “Grassland” landscape setting. This area is

characterized by large expanses of mostly treeless grass and forb covered hills. The landforms vary from gentle and steeply sloping hillsides to level terraces. The proposed quarry areas (Areas “A”, “B”, “C” and “D”) are well screened by the natural topography. The operation will not include Area “R”, which is an area being reclaimed to its natural state. The focus of the mining plan for the Ellett Quarry is to operate and expand the quarry in a manner that will maintain a standard of “visual subordinance” relative to the natural landscape setting. Views of the quarry site will not be visually dominant in relation to the surroundings. The quarry operations will be designed in a way that minimizes contrast with the landscape character and protect the essential natural and cultural features of the surrounding area.

The Key Viewpoints of the Ellett Quarry are along the Washington side of the Columbia River on Highway SR 14, near Murdock, Washington. Given the viewing distances and lack of contrast with the natural setting, the existing quarry and the planned quarry operation meets the standard of “visual subordination.”

VI. Quarry Design The Ellett quarry expansion has been designed to meet the visual subordination standard

called for under the present zoning. We used several techniques to achieve this standard. First, in looking at the plan of the quarry, note that we have carefully retained all of the high knobs that form the southern and eastern boundaries of the area to be excavated. This will help to topographically screen most of the operation from view. Second, most of the high, steep sloped area above the quarry (to the north and west) will remain undisturbed. Third, the northern part of the quarry expansion, the most visible area (as viewed from across the Columbia River on SR 14) has been shaped to fit the natural landform of the area. It should look like a natural “Canyon” to most observers.

VII. Mining Plan Although the steepness and aspect of the slope does not lend itself to screening of the mining

operation from Sevenmile Hill Road (to the south), there are opportunities to screen portions of the property from Key Viewing Areas along Highway 14 on the Washington side of the Columbia River (to the east). This has been accomplished, and can be further enhanced, by planting trees along two berm areas shown on the plan (Berms “M” and “N”). The berms can also be graded to enhance the screening and match the natural state of the area. There are some natural berms on the property, which also screen any of the excavation and quarry operation. As proposed, Areas “A”, “B”, “C” and “D” would be screened from key viewing areas, and would allow quarry operation and expansion that would be consistent with the

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requirements of Wasco County and the requirements established by the Columbia River Gorge Commission. Area “R” shown on the map is to be reclaimed to a natural state. Some mining in this area occurred to provide rock material for emergency flood control. This area will be reclaimed to match its natural state and then planted to prevent slope erosion and have it blend with the surrounding vegetation. Trees will be planted on Berms “M” and “N” to provide screening to the quarry mining operations.

VIII. Mining Areas

Four areas within the subject parcel could, be mined so excavation would be fully screened from the key viewing areas. These areas are delineated on the attached aerial photograph; they are labeled as areas “A”, “B”, “C” and “D”. To ensure processing activities are not visible from key viewing areas, equipment and machinery for crushing, screening, sorting, etc. would be located in the designated mining areas.

Area “A” - This area consists of a disturbed hard rock area with an east high wall. If the high wall is retained and landforms east of the high wall are left undisturbed, this area of excavation would be screened from view of key viewing areas so mining can occur in this area without adversely affecting scenic resources. In addition, any planting with compatible vegetation species along Berm “M” would further enhance the screening of this area.

Area “B” This area which is south of Area “A”, consists of a flat level bench. This area lies

below slopes, which obscure it from view of key viewing areas. Mining could occur in this area without adversely affecting scenic resources if there is no lateral excavation. Stockpiling could also occur in this area as long as the height of the stockpiles does not exceed the height of surrounding landforms.

Area “C” - This area lies south of Badger Creek. It is obscured by the hills, which lie to the

east. Again, mining could occur in this area without adversely affecting scenic resources if limited to the existing disturbed area. Stockpiling could occur in the eastern portion of this area and not be seen from key viewing areas as long as the stockpiles remain at a height low enough so they are not visible from key viewing areas.

Area “D” - This area lies north of Badger Creek, upslope from a previously disturbed area.

The current mining area is labeled as Area “D.1”. The area for future expansion is labeled as Area “D.2”. Mining could expand upslope into this area without adverse effects on scenic resources. This area is screened from any key viewing areas by Berm “N” and the existing trees, which are along the crest of Berm “N”. Any additional planting with compatible vegetation species and natural grasses along Berm “N” would further enhance the screening of this area.

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DESCRIPTION

Mining Area A 88,989 Square Feet 2.04 AcresMining Area B 59,652 Square Feet 1.37 AcresMining Area C 112,229 Square Feet 2.58 AcresMining Area D.1 116,522 Square Feet 2.67 AcresMining Area D.2 122,826 Square Feet 2.82 AcresMining Area D.3 70,761 Square Feet 1.62 Acres

Total Mining Area 570,980 Square Feet 13.11 Acres

Reclamation Area R 90,755 SF 2.08 Acres

SQUARE FOOTAGE ACREAGE

IX. Screening Plan

Three other areas within the subject parcel that relate to the mining operation are the screening, berm and reclamation areas. These areas are delineated on the attached aerial photograph; they are labeled as Berm “M” and “N” and Reclamation Area “R”. The Berms “M” and “N” will provide screening from the topography of the berms and from the vegetation on the berms. The reclamation area is labeled “R”. These screening and reclamation mining work could, be mined so excavation would be fully screened from view of the key viewing areas. Area “R” lies north of Badger Creek, between Berms “M” and “N”. This area is to be restored to its natural state and there will be no mining activity in this area.

X. Reclamation Reclamation of any areas must include reseeding and erosion control measures to protect the

seeded areas. The plan would use crusher tailings to re-contour the land. Reclaimed areas would be seeded in native grasses as recommended by the U.S. Soil Conservation Service. Reclamation would proceed 65 days after mining is completed.

Proposed Submittal to Wasco County Attachment A By PME for James & Loretta Ellett Quarry November 1,2000 Page 1 of 23

ATTACHMENT “A” - PROPOSED CONDITIONS OF APPROVAL A. After Expiration Of The 10 Day Appeal Period And Prior To Any Expansion of The

Quarry. The Property Owner Shall: 1. Record the entire “Notice of Decision” (includes the Notice of Decision and conditions

of approval) at the Wasco County Clerk’s Office. The decision of the Planning Commission shall be final unless a written appeal is received by this office within ten (10) days of the mailing date of this decision.

2. The subject property is a 62.59 acre parcel located northwest of and adjacent to Sevenmile

Hill Road just west of The Dalles, Oregon. It is located in the SW ¼ of Section 24, Township 2 North, Range 12 East of the W.M. - Tax Lot 1300 (Old Tax Lot # 12500) of Assessor’s Map 2N 12 in Wasco County, Oregon [Reference Attachment B.1 – Tax Map].

NOTE: The reason this information (Notice of Decision) is recorded is to ensure that

future property owners and successors in interest are aware of the conditions that apply to this parcel.

B. The Property Owner Shall Continue To Comply with the Conditions of Approval

Imposed by Wasco County And The Columbia River Gorge Commission Described in the ‘DEVELOPMENT REVIEW” dated 29 May 1992:

1. Excavation shall be limited to the four areas depicted on the attached aerial photograph.

[Reference Attachment B.6 – Old Aerial Photograph] 2. Mining in Area “A” shall be done in a manner that will retain the east high wail so

mining activity in this area is screened from view of the key viewing areas. This will require that the majority of excavation occur downward with lateral expansion —limited to a westerly direction.

3. Processing operations (crushing, screening, sorting, etc.), storage equipment and

stockpiling of materials, including but not limited to topsoil, rock, processed rock —and oversized materials shall be sited so they are not seen from key viewing areas. The height of stockpiles shall be limited so they are not seen from key viewing areas.

4. Lateral expansion shall not occur within Area “B”. 5. Mining in Area “C” shall be limited to the disturbed areas. 6. Mining within Area “D” shall be limited to a 70 foot wide passage extending in a —

northwesterly direction for 200 feet from the area north of Badger Creek where some mining has occurred, to an area where radial expansion may occur in a manner retaining an east high wall for screening purposes. Excavation in this area shall extend no further upslope than to the 980-foot elevation. The existing trees —located east of this area shall be retained. Additionally, a berm with an outslope facing the key viewing


areas shall be constructed and maintained. The berm shall be covered with at least 12 inches of topsoil and planted in native grasses. It shall be contoured at an outslope of 2 to 1 and shaped to blend with the surroundings. —Prior to commencing mining in Area “D”, the applicant or parties of interest shall stake the perimeter of the excavation area to be inspected by the Commission staff. The Commission shall be contacted two weeks prior to excavation to arrange an inspection of the staked area.

6. Castings or any materials related to the mining operation shall not enter Badger Creek

or any stream channels, which enter Badger Creek. 7. The applicant or parties of record shall adhere to all provisions for reclamation as —

required by the Oregon Department of Geology and Mineral Industries permit #33-0056. 8. Should prehistoric or historic cultural resources be discovered during mining —

activities, all work shall immediately cease and the Commission and the Oregon State Historic Preservation Office shall be notified within 24 hours of the discovery.

C. Operational Plan for the Ellett Quarry – Conditions for Continued Operation of the

Quarry:

1. Contact the Wasco County Assessor to disqualify the area to be mined from the farm deferral program.

2. Apply for, and demonstrate receipt of a water right for the well on the existing quarry site.

3. Comply with the following fire protection standard in the “A-1 (160) GMA ” Large Scale Agriculture zone: A pond, stream, tank or sump with storage of not less than 1,000 gallons, or a well or water system capable of delivering twenty (20) gallons per minute shall b provided. If a well pump is located on-site, the electrical service shall be separate from any dwelling.

4. Clearly post the address of the subject parcel on both sides of a post or mailbox, or other similar post, support, stake or pedestal which cannot be easily removed or destroyed which is within 30’ of the driveway which accesses the dwelling. The address numbers shall be legible, reflective, and at least 2 ~/2 inches high.

5. During all phases of development water sprays or other suppressive devices shall operate at all times so that on-site dust is minimized. Sprays or other suppressive devices shall be used as necessary during inactive periods to ensure on-site dust is minimized

6. Prior to any disturbance in the expansion area, the property owner shall apply for and receive approval of a Reclamation Plan from the Oregon Department of Geology &


Mineral Industries (DOGAMI).

7. Fill out and file a farm-forest management easement with the Wasco County Clerk.

8. The property owner shall maintain and keep valid all required Department of Environmental Quality (DEQ) permits.

9. Periodic review (every 3 years) of the extraction activities and concurrent reclamation process shall be conducted by DOGAMI for compliance with visual requirements and concurrent reclamation process. Mitigation (i.e., berming, vegetative screening) may be required after review if necessary to maintain visual subordinance.

10. Prior to any ground disturbance in the expansion area, a survey shall be completed and monuments established to ensure that excavation is confined to the approved area.

11. Prior to any blasting, a blasting plan for the sculpting of rock shall be submitted to, and approved by DOGAMI.

D. Cultural Resource Conditions:

1. The areas proposed for mining have been determined to be not significant as Cultural Resource {Reference Attachment B.2 – November 2, 2000 Letter from Michael Boynton]. This includes all of the property located northeast of the “Non-Significant Line” [Reference Attachment B.3].

2. Portions of the property to the southwest of the “Non-Significant” Line may or may not

have significant Cultural Resources. This area has not been evaluated to date. 3. The property owner shall cease development if cultural resources are discovered on the

parcel, and shall immediately notify the immediate notification of the Wasco County Planning Office, the State Historic Preservation Office, and/or affected tribes.

E. Miscellaneous Conditions:

1. Telephone and power supply systems shall be underground whenever practical.

2. Existing vegetation outside of the expansion area shall be retained.

3. All mining activities shall occur within the area outlined on the original map, and only during daylight hours between sunrise and sunset.

4. All processing areas, equipment storage, and stockpile areas shall be fully screened from key viewing areas at all times. If storage is proposed in an area that is not fully screened by existing topography, the property owner will submit a site plan/landscape plan


showing how the site will be fully screened.

5. Reclamation of any areas must include reseeding and erosion control measures to protect the seeded areas. The plan would use crusher tailings to re-contour the land. Reclaimed areas would be seeded in native grasses as recommended by the U.S. Soil Conservation Service. Reclamation would proceed 65 days after mining is completed.


ATTACHMENT “B” INDEX

Maps, Drawings, Photographs and Illustrations Attachment B.1 – Tax Map Attachment B.2 – Area Location Map Attachment B.3 – Quarry Layout Attachment B.4 – Quarry Contours Attachment B.5 – Cultural Resource Report from Michael Boynton Attachment B.6 – Old 1992 Quarry Approval Photograph Attachment B.7 – Quarry Photographs


ATTACHMENT “C” - STAFF REPORT

I. APPLICABLE STANDARDS Wasco County National Scenic Area Land Use and Development Ordinance A. Chapter 2— Development Application Procedure

1. Section 2.060.B.13. (Matters the Director Elects Not to Review) B. Chapter 3 — Basic Provisions 1. Section 3.110.E.6 (Exploration, Development and Production of Mineral Resources) 2. Sections 3.110.H (Property Development Standards) 3. Section 3.110.I. (Fire Protection Standards) C. Chapter 13 — Nonconforming Uses 1. Section 13.035 (Gorge Commission Prior Approved Actions) 2. Section 13.140 (Mineral Resource Extraction - GMA) D. Chapter 5— Conditional Use Review 1. Section 5.020 (Authorization to Grant or Deny Conditional Uses, and Standards and

Criteria Used) 2. Section 5.030 (Conditions) E. Chapter 14—Scenic Area Review 1. Section 14.040 (Contents of the Site Plan for a Scenic Area Review) 2. Section 14.110 (Provisions for all new development) 3. Section 14.120 (Key Viewing Areas) 4. Section 14.140 (Scenic Travel Corridors) 5. Section 14.210.D (Grasslands Landscape Setting) 6. Section 14.310 (Cultural Resources) 7. Section 14.410 (Natural Resources) 8. Section 14.510 (Recreational Resources)

II. AFFECTED AGENCIES

A. Oregon Dept. of Geology & Mineral Industries B. Oregon Dept. of Transportation C. Oregon Dept. of Forestry D. Mid-Columbia Fire & Rescue E. Forest Service – Heritage Program Manager


III. FINDINGS A. Background

1. Request: Continued operation and expansion of an existing rock quarry involving

approximately 13.11 acres of a 62.59 acre parcel in the “A-1 Large Scale Agriculture zone in the General Management Area of the National Scenic Area.

2. Legal Lot Size: 62.59 acres. The subject parcel was a parent parcel of 80 acres. Portions

of the parcel were deeded to the County for the Sevenmile Hill Road Right-of-Way or were “orphaned” as a result of the road alignment. The parcel is described in Book 120, page 91 of the Wasco County Assessor’s Office.

3. Access: Access to the existing quarry is from a private gravel access road off of

Sevenmile Road – West of The Dalles, Oregon. 4. Geology, Soils & Landform: The Ellett Rock Quarry site lies within a geologic area that

occupies both sides of the Columbia River. This is an area characterized by Columbia River –Basalts. Subsequent mountain forming processes created a ridge and valley topography. The Dalles Basin occupies one of these valleys, framed by the Columbia Hills and Crates Point to the north and west. The entire area was swept away by repeated floods and scoured away soil and talus, flushing it downstream. The result is the barren landscape of rock terraces and grasslands typical of this area. Almost all the soils of the subject parcel are classified by the U.S. Soil Conservation Service as Bodell cobbly loam, 5 to 45 percent slope, with class VII cropland suitability and no site index for forest capability. The identified soil is capable of producing 800 to 1,400 pounds per acre of forage. The subject parcel consists largely of soils unsuitable for crop and forest production. Approximately 20 acres have been quarried for rock material. Although, the soils of the subject parcel are capable of some limited grazing, the subject parcel, by itself, is too small to support a viable livestock operation. The subject parcel does lie adjacent to a large ranch. It is possible for the subject parcel to be managed as part of adjacent livestock operations. Implementation of the reclamation plan would return the expanded quarry area to a level capable of supporting livestock.

5. On-Site Land Use: The subject parcel contains no recent structural improvements an old storage bin that is not used is located on the property (used with past operations). The existing quarry operational areas and the proposed expansion areas will be screened from any viewing areas. This has been accomplished, and can be further enhanced, by planting trees along two berm areas shown on the plan (Berms “M” and “N”). The berms can also be graded to enhance the screening and match the natural state of the area. There are some natural berms on the property, which also screen any of the excavation and quarry


operation. As proposed, the Quarry Operational Areas “A”, “B”, “C” and “D” would be screened

from key viewing areas, and would allow quarry operation and expansion that would be consistent with the requirements of Wasco County and the requirements established by the Columbia River Gorge Commission. Area “R” shown on the map is to be reclaimed to a natural state. Some mining in this area occurred to provide rock material for emergency flood control. This area will be reclaimed to match its natural state ands then planted to prevent slope erosion and have it blend with the surrounding vegetation. Trees will be planted on Berms “M” and “N” to provide screening to the quarry mining operations.

6. Surrounding Land Use: In accordance with Section 14.110.B of the Wasco County National Scenic Area Ordinance, an analysis area was studied to determine the compatibility of the request with the surrounding area. This area was determined to be all parcels within ¼ mile of the subject parcel. Compatibility with the analysis area is addressed throughout this report. Adjacent land use includes rangeland to the north and south, and a 642-acre parcel to the east, owned by Wasco County, the south quarter of which is quarried for rock material.

7. Past Actions: Past actions are identified on the subject parcel and include the prior Wasco County Quarry Plan Approval C90-0249-W-G-18 for mining of 13 acres.

8. Previous Tax Lot Number: 2N 12E 24, tax lot 12500 9. Sewage: No public sewer or private septic system is on the subject parcel; portable toilets

exist on the quarry site.

10. Water: There is an existing well on the property.

11. Fire Protection: Mid-Columbia Fire & Rescue

B. Comments

Frank Schnitzer, Mined Land Reclamation, Department of Geology & Mineral Industries DOGAMI has been sent an application, including a mine development and reclamation plan, an archaeological survey of the property, and a visual resource evaluation for the proposed expansion.

Michael Boynton, Heritage Program Manager, U.S. Forest Service, reviewed the request and responded in writing in his letter dated November 2, 2000. Relative to the proposed areas for a quarry operation, he determined “Cultural Resources are either absent, or have been determined not to be significant”. Areas to the west of the proposed quarry


operation which are not included in the proposed quarry mining plan (Areas “A”, “B”, “C” and “D”) may have some significance and would need to be reviewed if future expansion to the west was proposed at some later date.

Please note: Complete comments are on file at the Wasco County Planning and Development Office.


C. Wasco County Land Use Development Ordinance Criteria 1. Development Application Procedure

a. Section 2.060.B.13. Provides that the Planning Commission shall hear matters, which the Director elects not to be reviewed.

Finding: The Planning Commission wishes to hear all requests involving mineral extraction. Therefore, the Director elects not to review this request and a public hearing before the Planning Commission has been scheduled.

b. Section 2.140.B.15. , Conditions of Approval This section sets forth the parameters for imposing the recordation of conditions of approval on developments

Finding: The proposed use will require conditions to protect the public from potentially deleterious effects of the proposed use, and fulfill the need for public service demands created by the proposed use, and promote the public health, safety, and welfare. Because all future property owners and the public are required to have access to the conditions of approval associated with this review, a condition is indicated requiring the recordation of the entire notice of decision, including all of the conditions of approval, with the Wasco County Clerk’s Office prior to recording the final partition plat map. This condition is noted in Attachment “A” Proposed Conditions of Approval.

2. Chapter 3— Basic Provisions a. Section 3.110.E.6. Allows exploration, development and production of mineral

resources, subject to Property Development and Fire Protection Standards, Conditional Use standards (Chapter 5), and Chapter 14 —Scenic Area Review.

Finding: The request complies with Section 3.110.E.6. • The Ellett Quarry first began operation in 1940. Subsequent permits to expand operations

were granted by the County and Gorge Commission.

• Property development and fire protection standards (Section 3.110.H & 3.110.I), Chapter 5 (Conditional Uses) criteria and Chapter 14 (Scenic Area Review) are addressed below.

b. Sections 3.110.H. identifies setback requirements and height limit for all new structures.

Finding: Property development standards are not applicable to this request. • The request is for expansion of an existing rock extraction operation, and does not involve

the development of any “structure”, as defined by Section 1.090 of the NSA-LUDO.


c. Section 3.110.I. lists fire protection standards in the A-I Large Scale Agriculture

zone.

Finding: With conditions, the request complies with Section 3.110.I.

• Conditions requiring compliance with the Large Scale Agriculture zone fire standards shall be made part of this decision.

• The Wasco County Uniform Addressing Ordinance adopted on June 9,1982, requires a

property owner to clearly post the address of the subject parcel on both sides of a post or mailbox, or other similar post, support, stake or pedestal which cannot be easily removed o destroyed which is within 30 feet of the driveway which accesses the development.

• A condition requiring the parcel address to be posted in compliance with the Wasco County

Uniform Addressing Ordinance is indicated.

3. Chapter 13— Nonconforming Uses, Buildings and Lots Section l3.140, Mineral Resource Extraction — GMA, allows existing development or production of mineral resources to continue unless the Gorge Commission determine that the uses adversely affect the scenic, cultural, natural or recreational resources of the Scenic Area. These uses will be considered discontinued and subject to the land use ordinances under this Ordinance if: A. The mined land has been reclaimed naturally or artificially to a point where it is

revegetated to fifty (50) percent of its original cover (considering both basal and canopy) or has reverted to another beneficial use, such as grazing. Mined land shall not include terrain which was merely leveled or cleared of vegetation; or

Finding: The quarry is active and has not reverted to any other use or been revegetated to 50% of it’s original cover.

B. The site has not maintained both a required Department of Geology and Mineral

Industries Permit and County permit; or

Finding: The site has maintained all required permits from the County and DOGAMI.

C. The site has not operated legally within five (5) years prior to the date of adoption of the Management Plan.

Finding: The site has operated legally since it began operation in 1940, more than 40 years prior to adoption of the Management Plan. It had a review and consistency determination in 1991-1992 by the Planning Commission and Gorge Commission staff under Interim Guidelines.


4. Chapter 5— Conditional Use Review a. Section 5.020, Authorization to Grant or Deny Conditional Uses, and Standards and

Criteria Used. A. The proposal is consistent with the goals and objectives of the Management Plan

for the Columbia River Gorge National Scenic Area, and consistent with the provisions of the County’s implementing ordinances.

Finding: Wasco County adopted an ordinance in 1994, which implements National Scenic Area -requirements. This ordinance was deemed consistent with the Management Plan. Provisions of the County’s ordinance are addressed throughout this report.

B. Taking into account location, size, design and operational characteristics of the -proposed use, the proposal is compatible with the surrounding area and development of abutting properties by outright permitted uses.

Finding: With conditions, the request is consistent with criterion 5.020.B.

• The subject parcel is located approximately 2 miles west of the city of The Dalles. The

existing quarry is located on a 62.59-acre parcel, and the request is for operation on 13.11 acres. Existing Operation is 8.67 acres (Areas “A”, “B”, “C” and “D.1”). Expansion includes 4.44 acres (Areas “D.2” and “D.3”). In additional, 2.08 acres (Area “R”) will be reclaimed to its original or equivalent state. The current quarry operates during daylight hours, sometimes 7 days per week, depending on the demand.

• Surrounding lands are zoned “A-1 (160)” Large Scale Agriculture. The existing quarry has operated for nearly 60 years without conflicts to surrounding farm or surrounding quarry uses.

• Adjacent land use includes rangeland to the north and south, and a 642-acre parcel to the east, owned by Wasco County, the south quarter of which is quarried for rock material.

• With prior conditions of approval in place, the existing quarry operation has maintained compatibility with surrounding properties. These prior operational conditions will continue to apply to the expansion area, and are indicated in the recommended conditions.

• Based on distance, elevation differences, and topographic features, this reposrt shows the request is compatible with the surrounding area and surrounding uses.


C. The proposed use will not exceed or significantly burden public facilities and

services available to the area, including, but not limited to: roads, fire and police protection, sewer and water facilities, telephone and electrical service, or solid waste disposal facilities.

Finding: The request complies with criterion 5.020.C

• The continued operation and proposed expansion will not burden the existing public

roads (Sevenmile Hill Road or Chenoweth Road). It will not, increase the use of the road, but will continue to use it as it has for the past 60 years.

• The request will not require additional fire or police protection beyond what is already provided.

• There is a well on the subject parcel.

• Portable toilet facilities are used at the existing quarry site; no public sewer facilities are required to the site.

• Electricity is available, but the operation relies on a portable generator for electricity.

• Telephone service is available to the subject parcel, but has not been installed. D. The proposed use will not unduly impair traffic flow or safety in the area.

Finding: The request is consistent with criterion 5.020.D.

• The continued operation and proposed expansion will not impair traffic flow or be

unsafe to the area. The quarry operation will continue to be current with all applicable highway safety, road, OSHA and equipment standards. E. The effects of noise, dust and odor will be minimized during all phases of

development and operation for the protection of adjoining properties.

Finding: The request complies with criterion 5.020.E.

• Because of the natural topography of the site, the quarry is located in a draw, the main operation is 20 to 30 feet below the adjacent road (Sevenmile Hill Road) and the surrounding area. This mitigates the adverse affects of dust from the quarry operation. However is dust is a problem, the operation has water available at the site to take care of any dusting conditions.

• Due to the topographic separation of the proposed extraction site from adjoining


properties, the current quarry operation has not created noise problems. There are times when blasting occurs in the quarry, however, no noise complaints from neighboring property owners have been received by the Planning Office. The proposed expansion will be a continuation of the current use, and should not change the current level of noise created by the use. Odor is not a problem with this type of operation. F. The proposed use will not significantly reduce or impair sensitive wildlife

habitat riparian vegetation along stream banks and will not subject areas to excessive soil erosion.

Finding: The request is consistent with criterion 5.020.E.

• There are no sensitive wildlife habitat areas defined in the project area.

• There are no stream banks or riparian vegetation in the project area.

• The expansion area contains little soil, however, concurrent reclamation will ensure no

soil erosion occurs.

• The quarry operation complies with erosion control measures through the DOGAMI and Wasco County regulatory process. G. The proposed use will not adversely affect the air, water, or land resource

quality of the area.

Finding: The request complies with criterion 5.020.G.

• The quarry operation complies with an air quality regulations through permitting from the Oregon Department of Environmental Quality (DEQ) - DEQ Pendleton Office. All other DEQ permits for mining are regulated by DOGAMI and Wasco County.

• No permits are required for groundwater run-off unless it is discharged off the subject property. The present quarry operation does not require the discharge of water off-site; therefore, no state permit is required.

• Almost all the soils of the subject parcel are classified by the U.S. Soil Conservation Service as Bodell cobbly loam, 5 to 45 percent slope, with a class VII cropland suitability and no site index for forest capability. The identified soil is capable of producing 800 to 1,400 pounds per acre of forage, which is considered unsuitable for commercial agricultural production in eastern Oregon. The proposed quarry operation (8.67 acres) and expansion (4.44 acres) will not reduce the quality of the soil because class VII soil is one of the poorest soils in the state. Upon completion of the quarry operation, the land will be reclaimed and the land resource quality will be at least as good as its present state.


H. The location and design of the site and structures for the proposed use will not

significantly detract from the visual character of the area.

Finding: The visual impact of the request is discussed in with Wasco County Code Section 14.120 (Key Viewing Areas)

I. The proposal will preserve areas of historic value, natural or cultural

significance, including archaeological sites, or assets of particular interest to the community.

Finding: The visual impact of the request is discussed in with Wasco County Code Section

14.310 (Cultural Resources - GMA) J. The proposed use will not significantly increase the cost of accepted farm or

forest practices on surrounding lands devoted to, or available for, farm or forest use.

K. The proposed use will not force a significant change in accepted farm or forest practices on surrounding lands devoted to, or available for, farm or forest use.

Finding: With a condition, the request is consistent with criteria 5.020.J and 5.020.K.

• The quarry is an operation that has existed in the area since 1940, and no complaints

have been received by the Planning Department from adjacent farm or forest operators of conflicts between the quarry and farm use.

• Based on existing farm uses in the area, elevation differences between the proposed quarry and farm uses, and topographic features which separate the quarry from registered farm fields, this report shows the proposed use will not force a significant change in, or increase the cost of accepted farm or forest practices on surrounding lands devoted to, or available for, farm or forest use.

b. Section 5.030, Conditions - This section allows the County to establish conditions as

are necessary to ensure the compatibility of a conditional use to surrounding permitted uses that are necessary to fulfill the general and specific purposes of this Ordinance.

Finding: Conditions are established throughout this report to ensure compatibility of the proposed use to surrounding permitted uses.


5. Chapter 14— Scenic Area Review

a. Section 14.040 lists the contents of the site plan for a Scenic Area Review. Finding: The property owner has submitted a site plan incompliance with this Section 14.040.

b. Section 14.110 lists provisions for all new development. Those that pertain to this parcel are addressed below.

1. Project applicants shall be responsible for the proper maintenance and survival of any planted vegetation required by the standards of this chapter.

Finding: With conditions, the request is consistent with this criterion (Code Section 14.110.C).

• Existing trees planted along Berm “N” and new seedlings planted along Berm “M” will be maintained by periodic watering during the dry months.

• Any vegetation outside of the quarry extraction area, will be maintained by the quarry

operator.

2. Exterior lighting shall be directed downward, sited, limited in intensity, --shielded and hooded in a manner that prevents the lighting from projecting onto adjacent properties, roadways, and the Columbia River. Shielding and hooding materials shall be composed of non-reflective opaque materials. There shall be no visual pollution due to the sighting or brilliance, nor shall it constitute a hazard for traffic.

Finding: With a condition, the request is consistent with criterion (Code Section 14.110.D).

• The request does not propose the installation of any outdoor lighting. If outdoor lighting is desired in the future, the property owner must keep any lighting below the elevations of Berms “m” and “N”. A condition stating this is indicated.

3. A site plan and application shall be submitted for all new buildings, except for buildings smaller than 60 square feet in area and less than 18 feet in height, as measured at the roof peak. The site plan and application shall include all information indicated in Section 14.040, Contents of the Site Plan For a Scenic Area Review. Supplemental requirements for development proposals on lands visible from Key Viewing Areas are located in the Key Viewing Areas section, Section 14.120.

Finding: The request is consistent with criterion 3.


• A complete site plan was submitted in compliance with Section 14.040. Additional

information required by Section 14.120 was also submitted.

• Section 14.120 is addressed in Section III.C.5.c.

4. If it is determined that the proposed development is on lands visible from a Key Viewing Area, the applicant shall submit the site plan information specified in subsection (D) of Section 14.120, Key Viewing Areas, in addition to the standard site plan requirements stated in Section 14.040, Contents of the Site Plan For a Scenic Area Review.

Finding: The subject parcel is visible from key viewing areas. Section 14.120 is addressed in Section III.C.5.c.in this report.

5. For all proposed structures, the determination of compatibility with the landscape setting shall be based on information submitted in Subsection E. of this section.

Finding: According to maps provided by the Columbia River Gorge Commission, the subject property is within the Grasslands Landscape Setting. Criterion 5 is discussed under Section lll.C.5.e. in this report.

6. Expansion of an existing quarry requires a reclamation plan in addition to the site plan. The reclamation plan shall address the restoration of the site to a natural appearance, which blends with and emulates surrounding landforms to the maximum extent practicable. Such a plan shall be approved in accordance with state regulations by the applicable state agency for uses under their jurisdiction and approved by the County in accordance with County Ordinances, regardless of state jurisdiction.

Finding: The request complies with criterion 6.

• The Reclamation Plan is discussed in Section lll.C.5.c.

c. Section 14.120 — Key Viewing Areas Section 14.120 includes criteria for all development on parcels that are visible

from Key Viewing Areas. Finding: With conditions, the request is consistent with the requirements of Section 14.120.

• The request is for a 4.44-acre expansion of an existing quarry operation.


• As a consequence of the stringent new NSA standards, many rock and aggregate

quarries in the area have closed. No new quarries have been established over the past decade. Existing quarries are allowed to continue to operate and expand as long as they can achieve a standard of “visual subordinance” relative to the natural landscape setting. Visual subordinance is defined as “not visually dominant in relation to the surroundings.” This means that the natural, or culturally modified character of the land should form the primary impression on the viewer. Activities like quarries must be of an appropriate scale, and should be designed in a way that minimizes contrast with landscape character.

• Although portions of the subject parcel are visible from one key viewing area on

Washington State Route 14, the quarry operation itself will not be visible since the quarry operation areas will be screened from view by two Berms and the associated landscaping located on the property.

• The applicant submitted a report entitled “Ellett Rock Quarry Operation Plan &

Proposed Expansion.”

• Washington State Route (S.R.) 14: The subject parcel is located approximately 4.17 miles west of S.R. 14. From this viewpoint the only portion of the property that will be visible is the Reclamation Area “R”. Both the exiting quarry operation areas (“A”, “B”, “C” and “D.1”) and the expanded area (“D.2” and “D.3”) will be screened by the existing topography – landscaped berms “M” and “N”. All areas of the quarry operation will meet the visual subordination standard called for under the present zoning.

• The Subject Quarry has been in continuous operation since 1940. While located

wholly within the Columbia River Gorge National Scenic Area, it lies in a fortunate topographic position relative to key viewpoints. None of the existing quarry areas to the proposed expansion can be seen from any viewpoint. That which can be seen is the reclamation Area “R”, which has been designed to fit the natural landscape character of the surrounding area by restoring the area to its natural state and assuring a condition of “visual subordination”.

• Periodic review (every 3 years) of the extraction activities and concurrent reclamation

process shall be conducted by the Oregon Department Of Geology & Mineral Industries (DOGAMI) for compliance with the operational plan and the concurrent reclamation process.

• The existing quarry is well screened by existing topography and demonstrates the

visual absorption capability of this landscape. With careful grading and compliance with the above operational conditions, additional impacts to existing quarries from the expansion will be negligible.

• The existing operation was granted renewal/expansion in 1991-1992. Conditions


implementing all prior Gorge Commission and County conditions from the 1991-1992 approval are included with this request.

• The request does not include the placement of any exterior lighting. Outdoor lighting

in this location would be difficult to screen from key viewing areas, therefore, no exterior lighting is permitted with this request. In the future, if exterior lighting is desired, the owner will have t obtain site plan review approval. A condition stating this is indicated.

• Criterion V. allows the expansion of existing quarries if they meet specific standards: The applicant has submitted all information required by Section 14.120.0. E. The scenic resource assessment submitted by the applicant demonstrates that the

proposed extraction expansion site will be visually subordinate. If storage is proposed in an area that is not fully screened, the applicant will submit a site plan/landscape plan showing how the site will be fully screened. This site plan/landscape plan must be approved by the Wasco County Planning Office prior to moving the storage and processing areas.

DOGAMI has received an application and reclamation plan for the proposed expansion and will begin their technical review in the near future. A condition requiring the applicant to obtain approval of a permit for expansion and a reclamation plan from DOGAMI prior to any ground disturbance in the expansion area is indicated.

• A condition requiring period checks at least every three years is made a part of this

decision. The purpose of this check is to verify the need for additional steps such as berming or vegetative screening. Reclamation shall be concurrent.

d. Section 14.140 — Scenic Travel Corridors Section 14.140 pertains to development on lands that are within ¼ mile (1,320’)

of a Scenic Travel Corridor(s). Finding: The subject property is not within ¼ mile of a scenic Travel Corridor and this section does not apply.

e. Section 14.210.D. — Grasslands Landscape Setting 1. New development shall be compatible with the general scale (height,

dimensions, overall mass) of development in the vicinity. Expansion of existing development shall comply with this standard to the maximum extent practicable.

Finding: The request complies with Section 14.210.D.1.

• There are several quarry operations along the Columbia River Gorge; many are located either within urban areas or in a “visual resource” zone (Multnomah County).


There is an existing quarry operation in Mosier that is larger than the subject quarry and expansion area; an existing Multnomah County quarry that is 350 acres in size. There is also a 100-acre sand and gravel site at Dallesport.

• In the Wasco County National Scenic Area there are four identified quarry operations

(Ellett, Webb, Munsen, Wasco County). The County pit and Ellett pit are next to each other and appear larger due to their proximity to each other.

• The key compatibility issue here is that the proposed size and scale of extraction area

fits within key topographic features of this site. The proposed extraction area has been reduced and carefully designed to ensure existing features remain the dominant element in the landscape.

2. Accessory structures, outbuildings and access ways shall be clustered together as much as possible, particularly towards the edges of existing meadows, pastures and farm fields.

Finding: No new structures are proposed, therefore, Section 14.210.D.2 is not applicable to this request.

• A previously stated condition required accessory uses such as equipment storage, crushing, stockpiling, etc., to be located in an area which provides full screening from key viewing areas.

3. In portions of this setting visible from Key Viewing Areas, the following standards shall be employed to achieve visual subordinance for new development and expansion of existing development: a. Except as is necessary for site development or safety purposes, the

existing tree cover screening the development~ from Key Viewing Areas shall be retained.

Finding: There are no trees in the project area; therefore, the request is consistent with Section 14.210.D.3.a.

b. Vegetative landscaping shall, where feasible, retain the open character of existing pastures and fields.

Finding: The request is consistent with Section 14.210.D.3.b.

• The Grassland Landscape Setting is characterized by large expanses of mostly treeless grass and forb-covered hills and terraces. The landforms vary from gentle and steeply sloping hillsides to level terraces. The Ellett Quarry is in a fortunate position with respect to protection of landscape character since the quarry areas and expansion area is screened from view by the berms located on the property. The area to be reclaimed,


Area “R”, will blend in to the Grassland Landscape Setting. Thus even the parts of the quarry that can be seen will not sharply contrast with the natural landscape character.

c. At least half of any trees planted for screening purposes shall be species native to the setting or commonly found in the area. Such species include fruit trees, Douglas fir, Lombardy poplar (usually in rows), Oregon white oak, big leaf maple, and black locust (primarily in the eastern Gorge).

d. At least one-quarter of any trees planted for screening shall be coniferous for winter screening.

Finding: The request is consistent with Section 14.210.D.3.c&d.

• Berm “N” has been planted with Lombardy poplar. Additional plantings will be added to both Berm “M” and “N”. Additional juniper conifers will be added to make up 25% of the plantings.

e. Structures’ exterior shall be dark and either natural colors (GMA only) or earth-tone colors (SMA or GMA) that blend with the surrounding terrain unless specifically exempted pursuant to Section 14.120 (K) or (L) of this Ordinance.

Finding: No new structures are proposed; therefore, Section 14.210.D.3.d is not applicable to this request.

f. Section 14.310 — Cultural Resources - GMA Applicability of the Cultural Resource Reconnaissance and Historic

Survey Requirements. Finding: With conditions, the request is consistent with Section 14.310.

• The request for expansion of an existing mineral extraction operation is considered a large-scale use, and the County required the applicant to obtain a cultural resource reconnaissance survey as required by Section 14.310.B.3.d.

• Michael Boynton, Heritage Program Manager, U.S. Forest Service, reviewed the

request and responded in writing in his letter dated November 2, 2000. Relative to the proposed areas for a quarry operation, he determined “Cultural Resources are either absent, or have been determined not to be significant”. Areas to the west of the proposed quarry operation which are not included in the proposed quarry mining plan (Areas “A”, “B”, “C” and “D”) may have some significance and would need to be reviewed if future expansion to the west was proposed at some later date.

• In order to ensure compliance with Section 14.310, a condition shall be implemented


that requires the applicant to cease any further development if cultural resources are discovered on the parcel, and the immediate notification of the Wasco County Planning Office, Columbia River Gorge Commission, the State Historic Preservation Office, and/or affected tribes.

g. Section 14.410 — Natural Resources This Section provides guidelines for protection of (1) wetlands, (2)

streams, ponds, lakes, and riparian areas, (3) sensitive wildlife areas and sites, and (4) sensitive plants.

Finding: The request is consistent with the Ordinance provisions to protect natural resources.

• A review of inventory maps provided to Wasco County by the Columbia River Gorge Commission and site visits to the property, indicates that no wetlands, lakes, sensitive wildlife or wildlife sites, or Wild Turkey, Deer & Elk Winter Range are located on or within ¼ mile of the subject parcel.

• There are no sensitive plants on the subject parcel.

• There are no ponds on the subject parcel.

h. Section 14.510 — Recreational Resources — GMA This section is intended to protect and enhance recreation resources

consistent with Indian treaty rights and to protect scenic, natural, cultural, and recreational resources when providing new recreation opportunities.

Finding: The request is consistent with Section 14.510.

• There are no recreation sites currently operating on or within ¼ mile of the subject parcel.

• The subject parcel has a Recreational Intensity Class of 1. Recreation Intensity Classes

range from 1 to 4, with 1 being the lowest and 4 being the highest rating.

• There will be no impact on recreational resources because the request is for a continuation of an existing operation, and there will be no increase in truck trips to haul rock from the quarry site.

III. CONCLUSIONS

A. The request is for continued operation (8.67 acres) and limited expansion (4.44 acres) of an


existing rock quarry involving approximately 13.11 acres of a 62.59-acre parcel.

B. The subject parcel is located in the “A-1 (160) Large Scale Agriculture zone of the General Management Area of the National Scenic Area”.

C. With conditions, the request is consistent with the Wasco County Columbia River Gorge National Scenic Area Land Use & Development Ordinance.

[EXHIBIT D]

View of Quarry from Reclamation Area “R” – to the East View of Quarry& Stockpiles from Reclamation Area “R” – to the South

View of Quarry from Reclamation Area “R” – to the Southwest View of Quarry from Reclamation Area “R” – to the West

ELLETT QUARRY

Documents

PM.12-EXAMPLE-PME-Quarry Plan-101.b