FRIDAY, MARCH 31, 2017
THE BAKER COUNTY PRESS — 5
Local
Sumpter mining issue
CONTINUED FROM
PAGE 1
Trindle said Martin
was just saying that the
effect of a patent is that it
transfers land into private
ownership, which is sub-
ject to private ownership
laws, and Jones disagreed,
saying that the patent also
gives the right to mine.
Trindle said, “I think
that I would caution the
Commission ... What we’re
charged to do tonight,
is not to review patent
law, and that what we’re
charged to do is to see how
this application meets, or
does not meet criteria...
set out in the planning
process.”
Wright said, “To add to
that, we’re not here to play
the ‘what if’ game, either...
We have to look at just the
criteria.”
Jones said, “I think we’re
also here to protect private
property rights.”
Commissioner Kerns
asked about the mining
claim, and Alexander
explained its history, and
said, “... it’s a pretty sig-
nifi cant resource in today’s
world.”
After a short recess,
Alexander’s testimony
continued.
Crawford asked, “Is there
any doubt whatsoever, that
he (Helgesen) purchased it
as an RR-5? Did he exer-
cise due diligence?”
Alexander said that Hel-
gesen purchased the prop-
erty because of its mining
history, and because he had
planned on that purpose.
Crawford asked why
Helgesen didn’t reply to
the County’s May 2015
letter, that he wished to re-
zone the property ME, free
of charge, and Alexander
said that Helgesen was out
of the country, and the time
given to reply was limited.
Trindle said that he
could have still have
elected to go through the
zone change process on his
own, albeit at his expense.
(Alexander said it costs
$1,500).
Holly said the process
could have been jointly,
with other property own-
ers, and the letter wasn’t
meant to imply any cir-
cumvention of the process.
Trindle said, however,
“Each case is reviewed on
its own merits.”
Wright said, “Yes, but,
the situation here is the
same, with adjoining prop-
erties, and I’m pretty sure,
that to deny this would
open the County up to a
lawsuit potentially.”
Alexander continued
with her testimony, and
then Trindle asked for any
further testimony in favor.
Baker City-based James
Barkley, co-owner of Tax
Lots 100, 300, and 400
(listed as Parvaim Mining,
LLC), provided testimony
in favor, as he explained
some details regarding
mining, buffers, sound bar-
riers, and other concerns.
He said, “As far as
impact...they’re really not
going to see anything...As
far as economic impact—it
actually helps with recla-
mation, with Tax Lot 100...
If it was left alone, you’re
actually looking at prop-
erty values going down...”
Crawford asked what the
amount of the reclamation
bond was on an operation
such as the Parvaim Min-
ing operation, and Barkley
said $31,000, just on the
bond, plus around $3 mil-
lion in dealing with the
overall picture.
This concluded testimo-
ny in favor of the applica-
tion, and Trindle asked
Payette, Idaho-based Don
and Lori Sutherland, own-
ers of Tax Lot 1400 (zoned
RR-5), who had provided
extensive testimony in op-
position of the application,
to testify at this time.
Lori said, “During the
meeting for the rezoning
of Lot 100, why we did
not attend or protest, was
because the damage had
been done (as she noted
photos of the property)...
The reason we’re here, and
what I referenced in my
letter, this last go-around,
was about the impacts...”
After asking about what
impacts the Sutherlands
could discuss, Trindle
explained that criteria
needed to be addressed,
from energy, environmen-
tal, social, and economic
points of view, if rezoned,
from RR-5 to ME.
Lori said, “Socially...
we’re there for recreation,
for our families. It was
zoned Rural Residential for
30-some years... To rezone
right when we’ve invested
a signifi cant amount of
money, time—50 years
on this land—it does have
an impact on us... all the
letters that we have sent in,
I think we have identi-
fi ed those (impacts) in
those letters...When we
look at this, our fear is for
that lot, right next door to
us...where is the guaran-
tee—how do you reforest
something like that, in our
lifetime?”
Don said, “We’re look-
ing ahead, so we plan
on being there forever...
I’ve never seen a mine
reclaimed, that looks good
myself...”
Trindle reminded the
Sutherlands that the Com-
mission needs to have
fi ndings, based on very
clear criteria, and she
asked some more ques-
tions, regarding economic
and other impacts. The
Sutherlands responded that
they had not sought any
assessment from realtors,
regarding property values,
and that testimony was not
provided.
Trindle asked, “When
you purchased the prop-
erty, were you aware that
there was also a patented
mining claim on the prop-
erty?” Lori said no, and
Don said he hadn’t seen
it, but he was sure there is
one on their property.
Jones said that informa-
tion should have been in
the closing documents, and
Lori said, “We purchased
it from a family member,
so, we did not have a title
search.”
Lori spoke about pur-
chasing the property, and
what she expected from
neighbors in the area with
the zoning that was in
place, and she said, “...a
patented mine is just a
transfer, from the federal
government to the private,
of the mineral rights on
the land...” to which Jones
disagreed, and Don men-
tioned the Homestead Act.
Lori continued to ex-
plain the restrictions she
said are placed on min-
ing, within certain zoning
plans.
Trindle reminded the
Sutherlands that, “Again,
I will just call you back
to what we are called to
do, is based on the criteria
and the policies that are
within the Comprehensive
Plan, and how they are
defi ned...”
This concluded testi-
mony in opposition of the
application, and Alexander
briefl y provided rebut-
tal testimony —only the
applicant, or agent for the
applicant, is allowed to do
this.
Trindle asked for further
testimony, there was none
offered, she closed the
hearing to public testi-
mony, and the Commission
entered into deliberations.
During deliberations,
Trindle went through
different sections of the
provided information, such
as application approval
criteria.
This includes part of
the submitted informa-
tion from the applicant,
“Goal Five Resource. The
adjacent tax lots have been
rezoned to Mineral Extrac-
tion. Since Tax Lot 1600
is also part of the patented
Sumpter Deep Gravel
Mine, it too should be
rezoned to mineral extrac-
tion.”
Trindle said evidence for
different impacts would be
reviewed, such as hydro-
logic, geologic, vegeta-
tion, air quality, economic,
transportation, infrastruc-
ture, proximity of other
uses and activities, and
public need.
She said that the Com-
mission would need to
determine whether the ap-
plicant presented evidence
regarding the various
potential impacts.
Wright recommended
that the criteria have been
met, looking at the evi-
dence provided.
Trindle continued with
deliberations regarding the
inventory process—to de-
termine whether the site is
“signifi cant,” depending on
quality, quantity, and the
location of the resource.
In reference to quality,
Trindle said that there is
“...signifi cant ore and gold
deposit in the area... There
is currently mining activity
happening there...” and
gold currently has a high
value, the main justifi -
cations for this being a
signifi cant site.
Jones added that the
original 1891 patent states
there was signifi cant value
in the ore deposit also.
Trindle spoke next about
the subject of quantity, and
she said, “Again... testi-
mony... and in the applica-
tion... talked about their
being a signifi cant quantity
of that resource... history,
again... would justify that.”
In reference to loca-
tion, Trindle said, “I think
we’ve already kind of
established that, with the
quantity, and the quality...
in this particular location,
not only historically, but
currently, that there has
been mining activity, that
was fi rmly established in
the application...”
Trindle said, “I would
suggest that that that crite-
ria have been met, that this
is a signifi cant site. Any
opposition to that?”
None was noted, and
Trindle spoke about Goal
V criteria, an analysis
based on economic, social,
environmental, and energy
confl icts, were a zoning
change approved.
She suggested that the
applicant didn’t present
evidence of the ways that
RR-5 and timber grazing
(TG) would confl ict with
ME. She said the applicant
didn’t give the Commis-
sion information to allow
the Commission to make
relative fi ndings regarding
potential confl ict.
Crawford, in speak-
ing about confl icts with
RR-5 and ME, and about
whether the property had
been legally removed from
ME, said, “I believe that
occurred...”
Jones said, “It hasn’t oc-
curred—not legally...”
Wright said, “It’s not
legal...”
Crawford said, “That
runs counter to the legal
advice that we got from
our attorney...”
Trindle reminded Craw-
ford that wasn’t what the
Commission was being
asked to review criteria
during these deliberations.
Voicing frustration,
Jones asked Holly how the
process of reviewing the
criteria could be stream-
lined in order to progress,
and Trindle said that the
matter could be continued,
as this may be a good
breaking point.
Jones said she agreed
with Trindle, it would be
a good breaking point, be-
cause she didn’t think that
the Commission would be
able to complete its task.
At this point, Van
Diepen, speaking of the
need to study Goal V
material more thoroughly,
moved for a continuance of
the hearing, Jones sec-
onded that motion, and the
motion carried.
In discussing possible
dates for the continuance,
Jones said she was unavail-
able March 29, 30, and 31.
Trindle then asked the
other Commissioners
whether Friday, March
31 would work, and the
majority said yes.
The matter was contin-
ued to Friday, March 31,
2017, 5 p.m., with a mo-
tion from Crawford, and a
second from Wright.
Additional charges added
after last week’s meth arrests
On March 23, 2017 at
about 1:44 p.m. Baker City
Police Offi cers served a
narcotics related search
warrant on a 1995 Honda
Accord that had been
driven by Laif Edison at
the time BCPD Offi cers
served the search warrant
last week at 2175 Clark
Street in Baker City.
During the search of-
fi cers seized: .40 semi-
automatic handgun,
approximately nine grams
methamphetamine, several
cell phones and an iPad.
Additional charges were
added to:Laif Edison,
Possession of a Controlled
Substance (Methamphet-
amine), Manufacture of
a Controlled Substance
(Methamphetamine),
Delivery of a Controlled
Substance (Methamphet-
amine), Unlawful Posses-
sion of a Firearm
This investigation is
ongoing and additional ar-
rests and charges are likely.
Grazing to
tourism land
change to be
discussed
On April 18th, 2017 at 5:00 PM, the Baker County
Planning Commission will hold a public hearing to con-
sider a request for a zone change through a Plan Amend-
ment, case PA-16-001. This matter was previously heard
by the Planning Commission and the Board of Commis-
sioners. New information was entered during the Board
of Commissioner’s hearing and the matter was then
remanded back to the Planning Commission.
Richard and Lori Daniels, applicants and property
owners, propose to re-zone a ±4.5 acre portion of their
property from Timber Grazing (TG) to a Tourist Com-
mercial Limited Use Overlay (LUTCO) Zone. The
subject property is identifi ed as Tax Lot 400 of Township
07 South, Range 38, Section 05C, W.M., Baker County,
OR (Ref. 10315).
The site address is 51078 Anthony Lakes Highway,
North Powder, OR 97867. The request is proposed under
the provisions of the Baker County Zoning Ordinance
(BCZO) Chapter 670 – Limited Use Overlay Zone
(LUOZ), which allows for limiting the list of permitted
uses and general activities allowed in an underlying zone
when an exception to Statewide Planning Goal 4 is taken.
The proposed new zone, an adaptation of BCZO Chap-
ter 520 – Tourist Commercial Zone (TC), is proposed to
include the following uses:
• 16 Full-Service RV Sites
• Use of the existing dwelling as a commercial dwelling
for business offi ce, caretaker residence, rental, and retail
space to accommodate on-site guests
The Zoning Ordinance requires a Plan Amendment
to be processed as a Type IV procedure, where the fi nal
decision is made by the Baker County Board of Com-
missioners after public notice, a public hearing and a
recommendation from the Planning Commission. The
application and other materials are available from the
Planning Department and will be evaluated using criteria
listed in BCZO Chapter 670, Chapter 260, and Chapter
620; the Baker County Comprehensive Land Use Plan;
Oregon Revised Statute 197.732; and Oregon Administra-
tive Rules 660-004-0010 to 660-004-022. Generally, un-
less otherwise noted, if a request is found to be consistent
with the Zoning Ordinance it is considered consistent
with the Comprehensive Plan.
All written testimony must be submitted to the Plan-
ning Department by no later than 5:00 p.m. on the hearing
date or submitted in person during the hearing.
If you have questions regarding PA-16-001, please
contact Carson Quam at (541) 523-8219 or at cquam@
bakercounty.org. The Planning Department is located
in the basement of the Baker County Courthouse, 1995
Third Street, Suite 131, Baker City, Oregon.
Star party,
workshop at
local library
OMSI staff is hosting a regional teacher workshop in
Baker City on Saturday, April 15, 2017. The free profes-
sional development workshop will run from 5 p.m. to 8
p.m. at the Baker County Public Library in Baker City
and a complementary public Star Party will run from 8
p.m.-10 p.m. at National Historic Oregon Trail Interpre-
tive Center. Dinner will be provided to workshop partici-
pants.
The workshop is designed for late elementary and
middle school teachers, after-school club leaders, scout
and community group leaders and anyone interested in
learning more about the night sky with students. The
workshop will cover the following topics:
• How to host a star party for your students and families
– logistics, equipment needs, resources, and expectations.
• Hands-on classroom activities related to NASA’s
Science Mission Directorate – Earth sciences, planetary
sciences, heliophysics, & astrophysics.
• Showcase of Explore Science: Earth & Space 2017
toolkit developed by National Informal STEM Education
Network (NISE Net).
Participating teachers will be entered in a drawing for
a free OMSI space science-related outreach program for
their school or club!
To register, visit https://omsimuseum.wufoo.com/…/
omsi-astronomy-teacher-prof…/
Everyone is invited to join OMSI for star gazing around
8 p.m. at the National Historic Oregon Trail Interpretive
Center!
- Telescopes provided.
- NHOTIC gates will open @ 7:30 p.m.
- There will be no entry charge.
- This event is weather dependent and may be canceled
if the sky is overcast.
Subscribe today!
See page 9 for how.