Chapter 18.144


18.144.010    Purpose.

18.144.020    Application.

18.144.030    Conditional uses subject to planning commission review.

18.144.040    Approval and review criteria.

18.144.050    Approval procedures.

18.144.060    Development standards.

18.144.070    Enforcement procedures.

18.144.010 Purpose.

The purpose of this chapter is to review mining and processing of significant aggregate resource sites consistent with the ESEE analysis contained in the comprehensive plan in accordance with LCDC Goal 5 and ORS 215.298. (Ord. 18 § 11.010, 2003)

18.144.020 Application.

The provisions of this chapter apply only to aggregate and mineral resource uses permitted subject to conditional use review under the exclusive farm use (EFU) and forest (F1) zones. (Ord. 321 § 4, 2020; Ord. 231 § 1 (Exh. A), 2010; Ord. 18 § 11.020, 2003)

18.144.030 Conditional uses subject to planning commission review.

(1) The following conditional mining uses are permitted subject to review on sites approved for surface mining under a comprehensive plan ESEE analysis. Such review shall conform to the ESEE analysis and this chapter.

(2) Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 522.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead.

(3) Operations conducted for:

(a) Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted;

(b) Mining of aggregate and other mineral and other subsurface resources subject to ORS 215.298;

(c) Processing as defined by ORS 517.750, of aggregate into asphalt or Portland cement; and

(d) Processing of nonaggregate mineral resources and other subsurface resources. (Ord. 18 § 11.030, 2003)

18.144.040 Approval and review criteria.

(1) Notwithstanding any provisions in this title to the contrary, an application for a permit for a use listed in CCC 18.144.030 shall be allowed if it meets the following criteria:

(a) The site must be designated as a mineral or aggregate resource site or an energy source site on an inventory of significant Goal 5 resources in the comprehensive plan;

(b) The proposed use must be consistent with the applicable ESEE analysis and conditions contained in the comprehensive plan. In the event conditions imposed on the mining use by the comprehensive plan to mitigate mining impacts on specific conflicting uses are less restrictive than conditions necessary to address these same impacts under the standards of this section, the conditions imposed by the comprehensive plan control;

(c) The proposed use must be shown to not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use;

(d) The proposed use must be shown to not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and

(e) There must be adequate public facilities and services (street capacity, water supply, police protection, fire protection, energy and communications services) available to meet the additional demands created by the proposed use or that can be made available through the orderly and efficient extension or expansion of these facilities and services.

(2) An applicant for a use allowed by CCC 18.144.030 may demonstrate that these standards for approval could be satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective.

(3) To the extent compliance with the approval criteria of this section has been determined as part of the identification and resolution of conflicting uses and development of a program to achieve goal compliance in the comprehensive plan, the determination shall be binding until changed by amendment to the plan.

(4) No application shall be approved to allow batching and blending of mineral and aggregate into asphalt cement within two miles of a planted vineyard. (Ord. 18 § 11.040, 2003)

18.144.050 Approval procedures.

(1) Each application for approval shall be processed in accordance with Chapter 18.172 CCC and this chapter.

(2) The hearing authority shall review the application and shall grant or deny approval based on conformance of the application with the requirements of this chapter and with the appropriate site-specific or generic ESEE analysis in the comprehensive plan.

(3) The hearing authority may only require modifications to the application as are necessary to fulfill the requirements of this chapter and the appropriate site-specific or generic ESEE analysis. Any modifications must be clear and objective.

(4) The hearing authority shall deny approval only if the requirements of this chapter or the ESEE analysis are not or cannot be satisfied by the proposed application.

(5) Prior to establishing a use authorized by this chapter, the property owner or agent must receive approval from the county.

(6) In addition to all information required for a site reclamation plan by DOGAMI, the applicant shall submit the following information:

(a) An application for a site plan approval shall contain suitable maps, drawings and narrative to assure the requirements of this chapter can and will be met. A complete application must contain the following information:

(i) A complete application form from the county.

(ii) A list of known materials to be extracted or processed together with a general description of the excavation operations and the estimated duration of operation at the site.

(iii) A map of the site which shows existing trees and natural vegetation; existing water courses, including streams, rivers, ponds and lakes; adjacent ownerships, including the location of structures which relate to the setback or other requirements of this zone; and existing and proposed roads.

(iv) A surface water management plan for the site and all phases of the operation.

(v) A map which shows the location of the surface mining area, the location of all processing and storage areas, the location of caretaker dwelling (if proposed), landscaping, screening and buffer areas.

(vi) A landscape management and maintenance plan adequate to demonstrate compliance with provisions of this zone.

(vii) A map showing existing contours.

(viii) A map or other drawing showing the contours of the site upon completion of the operation together with a description of the proposed end use of the reclaimed site.

(ix) An environmental report from an engineer or other qualified professional which is adequate to demonstrate that the operation can conform to county, DEQ, and DOGAMI requirements as outlined in the “development standards” section of this zone (CCC 18.144.060).

(x) A security plan addressing the following issues:

(A) Lighting;

(B) Fencing;

(C) Gates at access points;

(D) Water impoundments;

(E) Sloping; and

(F) Security of vehicles and equipment.

(xi) A noxious weed control plan, acceptable to the Crook County weed master, to control the spread of noxious weeds within and arising from the aggregate resource site. This plan must be implemented in accordance with ORS 569.380 through 569.400 and 569.445 through 569.450 and Chapter 8.24 CCC. (Ord. 230 § 1, 2010; Ord. 18 § 11.050, 2003)

18.144.060 Development standards.

Upon approval of a conditional mining use application, all the following standards apply:

(1) Mining activities shall be located and conducted at least:

(a) One hundred feet from an existing noise or dust sensitive use, unless the owner of the residence or use signs and files an agreement which authorizes the mining to be conducted closer than 100 feet. In no case shall such mining be conducted closer than 50 feet of the boundary of an adjacent ownership.

(b) One hundred feet from a road not owned by the applicant and from the property line of the applicant unless that distance is not sufficient to protect the adjoining property from land movement, or the threat of land movement. In such cases, the setback shall be the minimum distance required by DOGAMI that will protect the adjoining property from movement or the threat of movement. This setback shall be reviewed and approved by DOGAMI prior to being approved by the hearing authority. In no case shall the setback be less than 100 feet.

(2) Processing of resource material and the storage of equipment shall be at least 500 feet from an existing noise or dust sensitive use, unless the owner of the residence or use signs and files an agreement which authorizes the processing of resource material or storage of equipment closer than 500 feet. In no case shall such activities be located closer than 100 feet from any adjacent dwellings.

(3) Access. All private roads from mining sites to public highways, roads or streets shall be paved or graveled. All on-site roads and access roads from the site to a public road shall be designed, constructed, and maintained to accommodate the vehicles and equipment which use them. Whether paved or graveled, the roads shall be maintained by the applicant in accordance with county road standards. Before the applicant may exercise the privileges of the permit, the applicant shall provide a letter of agreement to the county to maintain the road to the applicable county road standards. If the applicant fails to provide the letter of agreement prior to exercising the privileges of the permit, or fails to so maintain the road, the applicant shall submit an agreement and security in accordance with CCC 17.40.080 and 17.40.090.

(4) Effective vehicle barriers or gates shall be required at all access points to the site.

(5) Screening. Unless inconsistent with the conditions imposed to protect conflicting uses under the comprehensive plan, or of minimal value of effectiveness because of topography or other site features, the following requirements apply to the mining or resource site:

(a) Berms, fencing or vegetation shall be maintained or established to block the view of the mining or resource site from conflicting uses;

(b) To the extent feasible, all natural vegetation and trees located within 100 feet of the mining site and that block the view of the mining area shall be preserved and fences maintained for the purpose of screening the operation.

(6) No alteration or removal of riparian vegetation located within 100 feet of the banks of a year-round stream shall occur.

(7) Mining, storage, and processing operations shall conform to all standards of the Department of Environmental Quality and to the requirements of the Department of Geology and Mineral Industries (DOGAMI). The county may require information, data and analyses which demonstrates the ability to meet state environmental standards.

(8) Hours of Operation. All mining extraction, processing and equipment operation shall be subject to the following limitations unless waivers authorize operation at other times:

(a) June 1st through October 31st: 6:00 a.m. to 9:00 p.m., Monday through Friday. 8:00 a.m. to 5:00 p.m., Saturday.

(b) November 1st through May 31st: 7:00 a.m. to 6:00 p.m., Monday through Friday. 8:00 a.m. to 5:00 p.m., Saturday.

(c) No operations shall be conducted on Sundays or the following legal holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day.

(9) Blasting.

(a) A plan addressing the potential for earth movement, flying rock, and other effects on surrounding uses shall be submitted.

(b) Blasting shall be allowed unless prohibited by the comprehensive plan ESEE analysis.

(c) Blasting which is allowed and which is not to be conducted within 500 feet of any noise or dust sensitive use or agricultural use involving the raising of animals shall meet the following standards:

(i) DEQ noise control standards for blasting.

(ii) Blasting shall be restricted to the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. No blasting shall occur on Saturdays, Sundays or legal holidays.

(iii) The operator shall be responsible for notifying the owners and inhabitants of conflicting uses located within 500 feet of the blasting site by written notice delivered by certified mail to be received by each person entitled to notice at least 48 hours prior to the time the blasting will occur.

(10) Surface and Ground Water Management. Surface water shall be managed to provide protection against ground or surface water contamination and sediment discharge into streams, rivers and lakes. There shall also be adequate water available to the site for reclamation of the property, maintenance of screening and buffer, dust control, landscape maintenance, and processing of materials.

(11) For surface mining, which is not regulated by DOGAMI, the following requirements apply:

(a) A reclamation plan shall be submitted to the county at the time of site plan approval. The reclamation plan shall assure that the surface mining site will be restored or rehabilitated consistent with the requirements of the ESEE analysis.

(b) Upon abandonment of surface mining or termination of mineral extraction on each site, all buildings, vehicles, machinery, equipment and appurtenant structures accessory to the extraction, processing, stockpiling and manufacturing operations shall be removed from the site, except for buildings and structures which are permitted uses within the applicable zoning district.

(c) All excavations shall be backfilled, contoured, sloped, or terraced as outlined in the approved reclamation plan. Topsoil shall be replaced to a depth sufficient to allow a landscaping material to be installed.

(d) In the event the owner does not comply with the approved reclamation plan, the board may undertake, or cause to be undertaken, the required restoration or rehabilitation, and the chargeable cost therefor, if not paid by the owner, shall become a lien on the property due and payable taxes.

(12) All mining operations shall be subject to the dimensional standards, yard restrictions, sign limitations and all other substantive standards set out in the zoning district applicable to the property.

(13) Noxious Weed Control. The operator, including all public agencies, shall document compliance with the noxious weed control plan submitted pursuant to CCC 18.144.050(6)(a)(xi) on a yearly basis by submittal of a written report to the Crook County weed master. The report shall be submitted not later than December 15th of each year. (Ord. 296 § 10 (Exh. H), 2016; Ord. 238 § 1, 2011; Ord. 230 § 2, 2010; Ord. 18 § 11.060, 2003)

18.144.070 Enforcement procedures.

(1) In addition to any other remedy available by law, the county may establish a violation of this chapter or of any condition imposed on a permit issued under this chapter in the following manner:

(a) Upon determining that a violation has occurred, the planning director shall issue a notice of violation and assessment of fine to the permittee. The notice of violation shall be sent to the permittee and to the owner of record of the affected property by certified mail, return receipt requested. The notice of violation shall explain the nature of the violation and the process for contesting the violation. The planning director shall consider the factors set out in subsection (1)(d) of this section in assessing a fine.

(b) Within 10 days of receipt of the notice of violation, the permittee may contest the violation by filing an answer with the planning department and requesting a hearing on the violation. Without requesting a hearing, a permittee may admit the violation and offer argument and evidence on mitigation of the proposed fine. In the event an answer is not filed within 10 days, the violation shall be established and a fine may be imposed. The fine shall not exceed the amount assessed in the notice of violation.

(c) A hearing on any contested notice of violation shall be held before the planning commission. The planning commission shall conduct the hearing in the manner provided for in ORS 215.402 to 215.438.

(d) The county has the burden of proof in establishing the existence of a violation. If the planning commission determines that a violation occurred, it shall impose a fine. The planning commission may order suspension of the mining activity if the suspension is warranted under ORS 215.296(7). The maximum amount of the fine shall be $500.00 for each violation. In determining the amount of the fine, the planning commission shall consider:

(i) The past history of the person incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;

(ii) Any prior violations of ordinances or permits applicable to the site;

(iii) The economic and financial conditions of the person incurring the penalty;

(iv) The gravity and magnitude of the violation;

(v) Whether the violation was repeated or continuous;

(vi) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act;

(vii) The permittee’s cooperativeness and efforts to correct the violation.

(e) Any party to the planning commission proceedings may appeal the decision of the planning commission to the county court by filing a notice of appeal within 10 days of issuance of the final decision of the planning commission. The appeal shall be on a planning department form and shall state specifically how the planning commission failed to make a decision consistent with the required criteria. The decision of the county court on the appeal shall be final.

(2) Any permit issued under this title may be revoked by the planning director if it has been established (by uncontested notices of violations or by decisions on contested violations or both) that the permittee has committed, within any three-year period, more than two violations of a condition imposed by the permit for the protection of accepted farm or forest practices on surrounding lands or more than three violations of any other condition or if the permittee fails to pay a fine levied for violation of this chapter or conditions imposed on a mining permit within 15 days after the decision to levy the fine became final.

(3) Any permit issued under this title may be revoked by the planning commission after hearing if the planning commission finds that:

(a) The permittee provided false or misleading material information, or omitted disclosure of a material fact, in the permit application or materials submitted in support of the application; or

(b) The permittee is intentionally conducting mining operations in violation of federal, state or county laws or regulations applicable to mining operations which results in a substantial injury to persons or interests protected by the law or regulation. An intentional violation shall not exist if the permittee disputes the violation and continues the alleged unlawful conduct while litigating the existence of the purported violation.

(4) The planning commission shall conduct a revocation hearing using the procedures set out in ORS 197.763. The county shall bear the burden of proof in any such proceeding that sufficient grounds for revocation exist. An appeal of the planning commission action may be taken in the manner provided for in subsection (1)(e) of this section. (Ord. 18 § 11.070, 2003)