Save TV Butte v. Lane County

Under OAR 660-023-0030, Goal 5 planning for significant mineral and aggregate resource sites begins with the inventory process. The inventory process concludes with a comprehensive plan list or inventory of significant resource sites.

The challenged decision approved intervenor’s comprehensive plan inventory and map amendments, zoning map amendments, and site plan for a proposal to mine and process aggregate on 107 acres of a 183-acre property. The central issue on appeal concerns whether 183-acres qualify as a CP Significant Aggregate Site.

On the first assignment of error petitioner argues that only 46 acres of the 107 acres the county added to the CP Significant Aggregate Sites Inventory actually qualify as a “significant aggregate resource site,” under the quality and quantity standards set. The county argues any part of property where mining or processing might be carried out is properly included on the CP Significant Aggregate Sites Inventory, without regard to whether that part of the property qualifies as a significant aggregate resource. Petitioner further argues that all mining (which includes processing) necessarily must be conducted within the significant aggregate resource site. LUBA notes that there is no dispute that 61 of the 107 acres the county included on the CP Significant Aggregate Cites Inventory did not qualify.

Additionally, petitioner contends intervenor’s plans to limit particulate fallout will be ineffective to limit silica, as the efforts presented are directed at matter larger than 250 macrons, and silica is smaller than 50 microns. Petitioner also argues that intervenor’s efforts to comply with OSHA (State and Federal Occupational and Safety Hazard Administration) standards are inadequate because those standards are designed to protect on-site employees, not the general public or sensitive population. Intervenor contends that the mining operation will be subject to OSHA and Oregon SMHA (Mine Safety and Health Administration) and subject to fine, penalties and other actions for poor performance in controlling silica duct. The Lane Regional Air Protection Agency (LRAPA) also regulates fugitive dust emissions, which includes silica. Intervenor states that the project will fully comply with air quality standards imposed by LRAPA General Air Contamination Discharge Permit. LUBA notes that the regulation and conditions are not sufficient to determine if the smaller silica particles requirements are met. REMANDED.