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Additional Reading

Re: Eckman Creek Quarry 9/5/2017

 

From:
Onno Husing
To: p@peak.org
Cc: HRodomsky Bill Hall tthompson

 

I have explained to you in the past, several times, there is no “lost file” for Eckman Creek Quarry.

The implication of that, is, of course, I have not found it.

I have also tried to explain to you, at least several times, that our Department, in the past, made a finding that the quarry in question was, in effect, shielded by Oregon statute from a conditional use permit process because the quarry was grandfathered-in. Of course, I understand you disagree with that finding (made in the past by our Department). And, you have voiced a lack of confidence in a former Director of our Department.

Moreover, you keep drawing attention to language, on the face of DOGAMI operating permits, about quarry operators (applicants for quarries) needing local land use sign off. I will approach DOGAMI and urge them to add a critical disclaimer on the face of their permits to make it clear that certain quarries are NOT subject to local land use authority under Oregon law if they are grandfathered-in and operating within the limits of that earlier permit.

I am still trying to arrange for DOGAMI staff to join me for a site visit with me and to review DOGAMI’s files about the subject quarry.

I am seeking DOGAMI staff involvement because they are in the best position to review what’s been authorized in the past by DOGAMI and to compare it to what’s been happening on the ground at the quarry. DOGAMI staff can help us, the staff at our Department and our Planning Commission, determine with accuracy, if an expansion of the quarry beyond what was authorized has taken place. If, after such a review, substantial evidence exists that the quarry operators have exceeded the operating limits of their original DOGAMI permit, under Oregon law, Lincoln County would then have the authority to require the operator to fall under a conditional use permit process with Lincoln County.

I believe the next Lincoln County Planning Commission meeting will be on September 25th.         Thank you.      Onno Husing

 

In this Email, Onno does some really great things. First he acknowledges there is no file maintained on Eckman Creek Quarry.
He then postulates on the grandfathering  shield the quarry enjoys, based on a verbal, unwritten finding, made in the past by LC Planning. Clearly not available for review.  Found to be in error May 2018, by Onno Husing.
Then he feels obligated to threaten to  try to get DOGAMI to change their  written requirements for local land use permits.
Then the scheduling of a  site visit with DOGAMI  9/5/2017