Capital press. (Salem, OR) 19??-current, November 03, 2017, Image 4

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Newspaper Page Text4 CapitalPress.com November 3, 2017 EPA seeks delay in reporting manure gases Environmental groups oppose reprieve By DON JENKINS Capital Press Unless a federal court grants a reprieve, beginning Nov. 15 some livestock producers will have to report that their cows, poultry or pigs are continuously releasing manure gases. The rule, a product of a law- suit against the Environmental Protection Agency, will affect producers whose animals give off more than 100 pounds of ammonia or hydrogen sulfide in 24 hours. Washington State Dairy Federation policy director Jay Gordon said producers should get written confirmation from the EPA that they met the re- porting requirement. “Put it in a lock box, give it to a lawyer, frame it on the wall, so you can say, ‘I reported it,’ ” he said. “An environmental attorney wants to come after you, and if you don’t report, that’s a prob- lem.” The reporting will be re- quired under two federal laws intended to identify Super- Don Jenkins/Capital Press Cows at a Washington dairy. Some livestock producers will have to begin reporting Nov. 15 that their animals are releasing hazardous substances. The Environmental Protection Agency fought the rule, but environmental groups won the court battle. fund cleanup sites and to help communities plan for chemi- cal emergencies. The EPA has been arguing since 2008 that applying the laws to livestock manure would be impractical and useless. The U.S. Circuit Court for the District Columbia dis- agreed. Last spring, it ruled in favor of a coalition of environ- mental groups led by the Water- keeper Alliance, a New York- based organization founded by Robert F. Kennedy Jr. The three-judge panel dis- missed EPA’s claim that it was unlikely federal or local au- thorities would ever need to respond to gases from de- composing manure dispers- ing into the air. The court de- cided that pumping manure from pits can release hazard- ous gases and that local fire- fighters need the information on file to find sources of re- ported smells, especially at night in the dark. The EPA filed a motion Monday asking the court to de- lay the reporting requirement until mid-January. The agen- cy says it would use the two months to develop a reporting form easier for farms to use. There is no generally ac- cepted way to estimate emis- sion volumes, according to the EPA. “Estimating emissions is complex given the numerous variables involved, and a more user-friendly form for farms should help promote report- ing,” EPA’s motion states. The agency also said it would come up with a plan for handling a large number of calls to the National Response Center, the first step in meet- ing the reporting requirements. The U.S. Coast Guard staffs the center and takes emergency calls reporting chemical releas- es. Waterkeeper Alliance op- poses the two-month delay, according to court records, though it has yet to file a re- sponse to EPA’s motion. Efforts to obtain additional comment from Waterkeeper were unsuc- cessful. The EPA last week issued worksheets to help producers calculate whether they have enough animals to meet the reporting threshold. Gordon said that producers are com- ing up with widely different numbers, depending on which worksheet they use. California’s first confirmed depredation ignites wolf debate By TIM HEARDEN Capital Press U.S. Forest Service/AP File This June 29 remote camera image shows a female gray wolf and two of the three pups born this year in Lassen National Forest in Northern California. GPS data show the Lassen wolfpack’s breeding female — known as LAS01F — was at the site Oct. 13, when a 600-pound yearling heifer was killed, according to the California Department of Fish and Wildlife. frustration that state law allows for few resources for ranchers or even the DFW to prevent wolf-livestock conflicts. “The short answer is noth- ing is going to happen” as a result of the depredation, CCA government affairs director Kirk Wilbur told the Capi- tal Press. “While states like Washington and Oregon also have laws protecting wolves in those states, their wolf plans are markedly different from the California Endangered Species Act and Wolf Conser- vation Plan.” LEGAL IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION WILMINGTON SAVINGS FUND SOCIETY, FSB, DOING BUSINESS AS CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR BRONZE CREEK TITLE TRUST 2014-NPL1, A Delaware Trust, Plaintiff, vs. BRIAN D. GIBSON, an individual; TAMI K. GIBSON, an individual; OREGON DEPARTMENT OF REVENUE; and ALL OTHER UNKNOWN PARTIES CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 7990 HERON STREET, SALEM, OR 97305. Defendants. CASE NO.: 17CV29151 SUMMONS FOR PUBLICATION Legal-44-4-3/999 ing all his livestock to lower ground earlier than usual as a result of the killings. “I feel sorry for the citizens of Lassen County,” Roney told the newspaper. “They’re going (to) get what they want. Well, guess what? They’re killing my cows. They’ve been killing them all summer. I now have the first verified kill in Cali- fornia. And I’ll tell you this, it took a little bit to get it ver- ified.” At an average market price of $120 per hundredweight, a 600-pound heifer is worth about $720. State Fish and Wildlife spokeswoman Jordan Tra- verso responded that the state “made every effort” to pro- vide information to affected landowners. Ruling reverses solar project on farmland County incorrectly approved exception to land use goal By MATEUSZ PERKOWSKI Capital Press A solar power proj- ect planned for 80 acres of high-value farmland in Oregon’s Jackson County has been shut down by the state’s Land Use Board of Appeals. Earlier this year, Jack- son County’s board of com- missioners approved the project by excepting it from Oregon’s land use goal of preserving agricultural land. Solar facilities on prime farmland must obtain such an exception if they’re larg- er than 12 acres. The county’s decision was challenged by the 1,000 Friends of Oregon conser- vation group before LUBA, which has now agreed the project doesn’t qualify for such an exception. LUBA’s ruling “re-es- tablishes that these projects have to comply with state- wide land use goals,” said Meriel Darzen, attorney for 1,000 Friends of Oregon. Darzen said 1,000 Friends of Oregon doesn’t oppose solar energy but would prefer that sites are not developed on high-val- ue farmland. “I would still assume there are a lot of options,” such as industrial areas within “urban growth boundaries” or margin- al lands, she said. “Just as with any energy facility, we think the siting consid- erations are important and should not be bypassed.” Origis Energy, the proj- ect’s developer, said it’s too early to know if the ruling will have broader implica- tions for solar energy siting in Oregon. “The decision is certain- ALL OTHER UNKNOWN PARTIES CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 7990 HERON STREET, SALEM, OR 97305 ZIEVE BRODNAX & STEELE, LLP By: /s/ Amy F. Harrington AMY F. HARRINGON, OR Bar 123363 Attorneys for Plaintiff WILMINGTON SAVINGS FUND SOCIETY, FSB, DOING BUSINESS AS CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR BRONZE CREEK TITLE TRUST 2014-NPL1, A DELAWARE TRUST ly disappointing and our team is currently discussing and vetting all options at our disposal. We will make a decision on how to pro- ceed shortly,” said Michael Chestone, a consultant for the company. The project’s developer claimed that Jackson Coun- ty was obligated to promote renewable energy under another statewide land use goal. LUBA rejected this argu- ment, finding that Oregon’s goal of energy conserva- tion is not a requirement to build new renewable ener- gy facilities. Jackson County was also incorrect to approve the project due to its “com- parative advantage” of be- ing located in an area with adequate sunlight and to- pography near an electrical substation, the ruling said. “That the subject prop- erty is flat, 80 acres in size and exposed to the sun does not render the property a ‘unique resource’” under Oregon law use rules, ac- cording to LUBA. The project’s proxim- ity to an electrical sub- station within the City of Medford’s “urban growth boundary” also doesn’t jus- tify the land use goal ex- ception, the ruling said. It’s typical for industrial sites such as the substation to be located on the out- skirts of an urban growth boundary near farmland, LUBA said. If proximity to these ar- eas were a legitimate reason for converting farmland, such “exceptions would be- come commonplace given the strong economic incen- tives” for new development to occur near cities on in- expensive land, the ruling said. Such an interpretation “could easily subvert one of the principal structures of the statewide land use program: the urban growth boundary,” according to LUBA. 110,000-plus acres of farmland will vanish, researchers say By SEAN ELLIS To: THE STATE OF OREGON TO THE DEFENDANT/RESPONDENT(S) ABOVE NAMED: You are hereby directed and required to appear in, and defend against, this legal action within 30 days after the first date of publication of summons, which is the 3rd day of November, 2017, and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff WILMINGTON SAVINGS FUND SOCIETY, FSB, DOING BUSINESS AS CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR BRONZE CREEK TITLE TRUST 2014-NPL1, A DELAWARE TRUST and serve a copy of your answer upon the undersigned attorneys for plaintiff, ZIEVE BRODNAX & STEELE, LLP, at their office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. This is a Complaint for Judicial Foreclosure of Deed of Trust. You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have any questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Oregon State Bar’s Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 in the Portland metropolitan area. DATED: October 26, 2017 Wolves are listed as endan- gered in California, meaning the animal can’t be killed or hunted even in cases of depre- dation. “The California Endan- gered Species Act, when it was created, really didn’t en- vision something like an apex predator requiring protection,” Wilbur said. He added the law “doesn’t provide any flexibili- ty for the department” to man- age wolves. Wally Roney, whose land in the Clover Valley in western Shasta County was the site of the depredation, could not im- mediately be reached by the Capital Press for comment. He told the Lassen County Times he believes he’s lost five cows, mostly yearlings, to wolf dep- redation and that he’s mov- Capital Press BOISE — An urban growth model created by a team of Boise State Univer- sity researchers shows that a staggering amount of agri- cultural land in the Treasure Valley will disappear in the coming decades. The model shows that be- tween 110,000 and 240,000 acres of ag land in Ada and Canyon counties, Idaho’s two most populous coun- ties, will be lost to urban en- croachment by the year 2100. There is currently 365,600 acres of ag land in those counties. Those projections came as a jolt to Nampa farmer Janie Burns, who is helping lead an effort to raise the issue of cropland loss in southwest- ern Idaho. “Wow, that is shocking,” she said. “That’s a lot of acre- age. The sheer amount of it is LEGAL OREGON TECHNICAL ADVISORY COMMITTEE MEETING (OTAC) WHEN: November 9, 2017 @12:30pm-4:00pm WHERE: Oregon Department of Foresty 2600 State Street Bldg. C Salem, OR 97310 Room: Tillamook Room For more information, or to arrange special accommoda- tions for meeting attendees, please contact Cory Owens at 503-414-3261 or cory.owens@or.usda.gov. legal-43-2-3/102 Sean Ellis/Capital Press File A sign advertises farmland for sale near Meridian in southwestern Idaho on April 17. A Boise State University professor has devel- oped a map that projects more than 110,000 acres of farmland in the region will disappear by the end of the century. really stunning.” The data to project farm- land losses by the decade are included in the data, although the team didn’t calculate that in the report, said Jodi Brandt, who is part of the BSU team that developed it. As a simple average, the projected loss of farm- land works out to 13,000 to 30,000 acres a decade. The report used nine dif- ferent scenarios of population growth and density to project urban growth in the Treasure Valley through 2100. It projected that if the val- LEGAL LEGAL PURSUANT TO ORS CHAPTER 98 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 11/14/17. The sale will be held at 10:00am by PARKING ENFORCEMENT SERVICES 1768 13TH ST. SE SALEM, OR 1995 TOYOTA LANDCRUISE VIN = JT3DJ81W3S0113027 Amount due on lien $1,062.00 Reputed owner(s) JASON & FE FARRINGTON UNITED FINANCE PURSUANT TO ORS CHAPTER 98 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 11/6/17. The sale will be held at 10:00am by TRS OREGON INC 1210 22ND ST. SE SALEM,OR 1995 INTERNATIO 4700 VIN = 1HTSCAAN0SH671773 Amount due on lien $5,214.00 Reputed owner(s) JESUS TOLENTO US BANK Legal-44-2-3/999 SUSANVILLE, Calif. — The first confirmed livestock depredation by a wolf in Cal- ifornia has prompted criticism from the affected rancher and his allies over how state offi- cials handled the situation. The state Department of Fish and Wildlife posted on its website Oct. 20 a report that the Lassen Pack of wolves had killed a cow on private proper- ty in western Lassen County a week earlier. Data from a GPS tracking device worn by the pack’s breeding female — known as LAS01F — confirmed the wolf was at the site for at least six hours on Oct. 13, when the 600-pound yearling heifer was killed, according to the DFW. The California Cattlemen’s Association and California Farm Bureau Federation is- sued a news release Oct. 27 blasting state officials for not announcing the wolf kill, not- ing that it would have educated residents about the “full impli- cations” of the gray wolf’s re- turn to California. The groups also expressed File photo Oregon’s Land Use Board of Appeals has reversed the approv- al of an 80-acre solar project in Jackson County. Legal-43-2-3/999 ley’s population, which is around 640,000 now, grows to 1.5 million by 2100 and population density remains the same as it is today, the amount of urban land will increase by 220,000 acres, while agricultural land will decrease by 190,000 acres. In the worst-case scenar- io — the valley’s population reaches 1.75 million and pop- ulation density is unchanged — 240,000 acres of agricul- tural land will disappear. Under the best-case sce- nario — the population reaches 1.25 million and population density increas- es as a result of so-called “smart” growth policies — 110,000 acres of ag land in the valley would be lost by 2100. Burns said the report “cer- tainly sends an urgent call to our leaders to take a hard look at what the future looks like” for the valley’s farming industry. The research team used data from 2001 to 2011 to help develop their projec- tions. During that time, ur- ban land area in the valley increased by 10 percent and agricultural land decreased by 5 percent, according to the report. “In summary,” the report states, “the future of farm- land … in the Treasure Valley will be greatly influenced by how much population grows, as well as the decisions made about housing density.”