Macksburg gravel mine struck down
0 Comments Published by Pioneer Staff on Friday, June 29, 2007 at 6:12 PM.
Proposed mine’s neighbors happy about the outcome
By Abby Sewell
Molalla Pioneer
A proposed gravel mine on Macksburg Road may have been struck down for good on Wednesday, when the Clackamas County Board of County Commissioners voted to deny the mining application by Westside Rock.
Commissioners Lynn Peterson and Martha Schrader voted against the application, with Commissioner Bill Kennemer abstaining.
A group of neighbors who had opposed the project were elated by the outcome, but the applicant said that the commissioners made their decision based on public outcry, not evidence.
“They denied us on political grounds, based on the show of hands,” Westside attorney Todd Sadlo said. “It’s not right and I think they should be ashamed of themselves.”
Sadlo said with the county being in sore need of gravel for roads and other projects, it was a short-sighted move on the commissioners’ part to shoot the application down.
“There’s a resource there, and sooner or later (the county) is going to accept an application from someone to mine it,” he said.
On the other side, Fran Taylor, one of the neighbors who had publicly objected to the mining proposal, said, “I felt like the applicant had not proved a significant resource, and I felt this was the only decision the commissioners could have made.”
The neighbors’ objections ranged from concerns about noise and dust to traffic and possible water contamination.
Lori Freeman-Swanson, who owns an equestrian facility on Macksburg Road, next to the proposed mining site, objected to the proposal based on concerns about the effects of the noise and dust on her horses.
Had the mining site been approved, Freeman-Swanson said, “It would have been very difficult and there were many possibilities of it changing my ability to do my business.”
Neighboring berry farmers and chicken farmers had also complained of possible disruptions to their business.
But those issues were not the reason voiced by the commissioners for denying the application.
The commissioners said they were unconvinced that the site contains enough gravel to make it a significant aggregate resource site, a designation that would allow the zoning to be changed from exclusive farm use to add a mineral aggregate overlay.
In Clackamas County, a mining applicant must prove that a site contains at least 2 million tons of gravel in order to have it designated as a significant aggregate site. Westside’s mining application estimated that more than 7 million tons of gravel lie below the 81.9 acre mining site.
Two borings drilled on the site prior to the application found sand and gravel deposits of 50 to 54 feet in thickness. But Peterson and Schrader said two borings were not enough to prove that the gravel resource exists throughout the property.
“They found the property wasn’t a significant site based on the fact that they didn’t find enough evidence to show there was a great enough quantity and quality of gravel — mostly the quantity was the issue,” county planning department staffer Mike McCallister said. “The main reason was the number of borings that were done by the applicant.”
The commissioners having made their verbal decision on the mine site, a county council will now prepare written findings based on the evidence and testimony presented to the board. The board is slated to make its official written decision on July 17, upon which the applicant has 21 days to file an appeal with the Land Use Board of Appeals.
Sadlo did not rule out the possibility of appealing the decision but was pessimistic as to the outcome.
“I’ve been through a lot of appeals there and I certainly wouldn’t have any problem doing it again,” he said. “But in the end we’ll have to go back before these two women (Peterson and Schrader) again, and if they want to deny it based on politics, there’s not much we can do.”
By Abby Sewell
Molalla Pioneer
A proposed gravel mine on Macksburg Road may have been struck down for good on Wednesday, when the Clackamas County Board of County Commissioners voted to deny the mining application by Westside Rock.
Commissioners Lynn Peterson and Martha Schrader voted against the application, with Commissioner Bill Kennemer abstaining.
A group of neighbors who had opposed the project were elated by the outcome, but the applicant said that the commissioners made their decision based on public outcry, not evidence.
“They denied us on political grounds, based on the show of hands,” Westside attorney Todd Sadlo said. “It’s not right and I think they should be ashamed of themselves.”
Sadlo said with the county being in sore need of gravel for roads and other projects, it was a short-sighted move on the commissioners’ part to shoot the application down.
“There’s a resource there, and sooner or later (the county) is going to accept an application from someone to mine it,” he said.
On the other side, Fran Taylor, one of the neighbors who had publicly objected to the mining proposal, said, “I felt like the applicant had not proved a significant resource, and I felt this was the only decision the commissioners could have made.”
The neighbors’ objections ranged from concerns about noise and dust to traffic and possible water contamination.
Lori Freeman-Swanson, who owns an equestrian facility on Macksburg Road, next to the proposed mining site, objected to the proposal based on concerns about the effects of the noise and dust on her horses.
Had the mining site been approved, Freeman-Swanson said, “It would have been very difficult and there were many possibilities of it changing my ability to do my business.”
Neighboring berry farmers and chicken farmers had also complained of possible disruptions to their business.
But those issues were not the reason voiced by the commissioners for denying the application.
The commissioners said they were unconvinced that the site contains enough gravel to make it a significant aggregate resource site, a designation that would allow the zoning to be changed from exclusive farm use to add a mineral aggregate overlay.
In Clackamas County, a mining applicant must prove that a site contains at least 2 million tons of gravel in order to have it designated as a significant aggregate site. Westside’s mining application estimated that more than 7 million tons of gravel lie below the 81.9 acre mining site.
Two borings drilled on the site prior to the application found sand and gravel deposits of 50 to 54 feet in thickness. But Peterson and Schrader said two borings were not enough to prove that the gravel resource exists throughout the property.
“They found the property wasn’t a significant site based on the fact that they didn’t find enough evidence to show there was a great enough quantity and quality of gravel — mostly the quantity was the issue,” county planning department staffer Mike McCallister said. “The main reason was the number of borings that were done by the applicant.”
The commissioners having made their verbal decision on the mine site, a county council will now prepare written findings based on the evidence and testimony presented to the board. The board is slated to make its official written decision on July 17, upon which the applicant has 21 days to file an appeal with the Land Use Board of Appeals.
Sadlo did not rule out the possibility of appealing the decision but was pessimistic as to the outcome.
“I’ve been through a lot of appeals there and I certainly wouldn’t have any problem doing it again,” he said. “But in the end we’ll have to go back before these two women (Peterson and Schrader) again, and if they want to deny it based on politics, there’s not much we can do.”
0 Responses to “Macksburg gravel mine struck down”
Post a Comment