Deanna Wright –Associate Planner, Lane County Public Works
April 2016
Overview of the Land Use Process For Mining and Aggregate
Plan Amendment Applications
Presented by:
Lane County Planning Commissioners
What I will cover:
1. Applicability of the Goal 5 Rule
2. Provisions for Mining & Aggregate in the Rule
“The 6 Steps”
3. Adoption Process
4. Questions
The Goal 5 Rule Oregon’s Statewide Planning Program: the
19 Goals Goal 5, Natural Resources, Scenic &
Historic Areas, and Open Spaces Focus is on the Aggregate and Mineral
resource within Goal 5
The Goal 5 Rule Originated in 1981, overhauled in 1996 & last
amended in 2004 The 1996 Goal 5 Rule (OAR 660-023-180) is the
main guiding law for processing aggregate applications
The BIG change in the 1996 Rule was the
inventory became applicant driven.
Mineral & Aggregate Adoption Process
The land use type for a Mineral & Aggregate application
is what's called a Comprehensive Plan Amendment and concurrent zone change.
The plan amendment process requires LCPC & BCC
public hearings with notice and opportunity to participate/comment/appeal.
Mineral & Aggregate Adoption Process
Approval Criteria: Oregon Administrative Rules (OAR) 660-023-180 = MAIN CRITERION
Oregon’s Statewide Planning Goals 1-19 (as applicable)
Lane Code Method of Adoption, and application process criteria
Applicable Transportation regulations
Mineral & Aggregate Adoption Process
Six Main steps for Review of a Mining & Aggregate Application:
1. Determine Significance 2. Define impact area 3. Identify conflicts 4. Minimize conflicts 5. Evaluate ESEE consequences of mining (only if conflict can’t
be minimized) 6. Decide whether to allow mining All steps guided by the Aggregate OAR
Mineral & Aggregate Adoption Process
Step 1: Determine Significance Significance is determined by: Location –using mapping tools Quantity – rock must meet/exceed more than 2,000,000 tons material Quality – rock must meet ODOT base rock testing Per OAR, quarry can not be significant if mining site
consists of more than 35% Class 1-2 soils.
Mineral & Aggregate Adoption Process
Step 2: Define Impact Area Much of the rule’s provisions deal with reduction of conflict of the mining with nearby land uses. The nearby area is generally defined as 1,500’ from the boundaries of the mining area.
1,500 feet
Mining Area
Impact Area
Mineral & Aggregate Adoption Process
Step 3: Identify conflicts of future mining What conflicting uses can be considered? Conflict evaluation limited to:
• Noise, dust and other discharges (storm water, groundwater)
• Impacts to “local roads” (not ODOT jurisdiction)
• Airports
• Other County inventoried significant Goal 5 resource sites
• Agricultural practices
1,500 feet
Mining Area
Mineral & Aggregate Adoption Process
Step 4: What does “minimize conflict” mean?
Reducing conflict to a level that is no longer significant.
Identify “reasonable and practicable measures” to reduce any conflicts.
Past Reasonable Examples: • Advanced intersection warning signage for quarry haul trucks • Vegetation removal around road turns • Acoustical berms for noise reduction • Water sprayers for dust control
Mineral & Aggregate Adoption Process
Step 5: What if conflict can not be minimized?
If conflict can’t be minimized then evaluate ESEE. Economic, Social, Environmental, and Energy = in-depth analysis ESEE does not occur in every Aggregate Plan Amendment Local government determines the conflicts that can not be mitigated
Step 5 may not be necessary if conflict can be mitigated under conditions of approval
Mineral & Aggregate Adoption Process
Economic Social Environmental Energy What is the economic consequences (positives and
negatives) of allowing, limiting, or not allowing the mining?
Mineral & Aggregate Adoption Process
Step 6: Decide whether to allow mining. If application meets approval criteria and the conflicts can be
minimized with conditions of approval then amend the local Comprehensive Plan.
OR If ESEE triggered then local government to evaluate ESEE
consequences and then make a decision. Lastly, the Board’s decisions can be appealed to LUBA, Court of
Appeals, & State Supreme Court.
Recap
The applicability of the Goal 5 Rule Provisions for Mining and Aggregate Adoption Process Questions….
