Chromite mining company, county seek agreement
By Jo Rafferty, Staff Writer
Saturday, January 19, 2008 |
Officials at the chromite mining company, Oregon Resources Corp., and Coos County are still talking, despite an appeal by the company and a Bandon couple against the county that went before the Land Use Board of Appeals on Thursday.
Oregon Resources offered the county a set annual amount to settle differences on issues about upkeep of roads to be used by ore-filled trucks.
Although county commissioners considered the proposal, they eventually gave it the thumbs down.
“Oregon Resources has e-mailed (counsel) about offering a proposal,” County Commissioner and Roadmaster Kevin Stufflebean said Thursday. “We looked at it and counter-offered with a few hundred thousand more dollars.”
Oregon Resources sent County Counsel Jacqueline Haggerty its counter proposal on Wednesday, raising the amount the company would pay by about $25,000 over the original proposal, according to Stufflebean.
“In order to fund ORC’s obligations, ORC would agree to pay annually at the end of each year, the sum of $175,000 for the first three years of operation and $225,000 annually thereafter for the remaining years of the operations using identified haul roads,” Oregon Resource’s counter proposal offered.
The offer indicated that an appeal Oregon Resources filed with the Land Use Board of Appeals — heard by LUBA on Thursday (see sidebar) — would be revoked if the county agreed to the terms.
But Stufflebean said he decided he couldn’t continue negotiations without a traffic impact analysis. The analysis is to be paid for by Oregon Resources, as required in Condition 13.
“(Oregon Resource’s attorney Steven Abel) was asking if we would agree to a lump sum annual agreement,” Stufflebean said.“The whole purpose of the traffic impact analysis is determining what the impacts will be on the county road.”
The commissioner also nixed an Oregon Resource request to remove the word “upgrades” from the condition.
“The road was built as a light traffic road,” he said. “(The mining operation) clearly makes it an industrial road. The upgrades mean bringing it to industrial road standards.”
Haggerty agreed that it’s too difficult to come up with an annual lump sum without the traffic impact analysis in hand.
“We’re not going to expect them to pay more than to cover the impacts. I think that’s what they are concerned about,” Haggerty said. “It’s just coming up with a fair way of determining what their cost is.”
Abel indicated in the counter proposal that a traffic impact analysis would be prepared at the company’s expense. But Haggerty said the counter proposal was e-mailed to her too close to the appeal hearing date — the day before — for her to talk to Stufflebean about it.
On Friday, officials on both sides seemed anxious to get the situation resolved.
“We’re working hard with the county to resolve any issues,” Oregon Resources President Cheryl Wilson said.
“We’re still committed to finding a fair evaluation,” Haggerty said. “We just don’t have all the numbers.
“It’s been said that we’re killing industry, but we’re not. We’re trying to protect the taxpayers. I think we can reach a resolution that’s going to be fine,” she said.
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Arguments heard by LUBA
An appeal filed by chromite mining company Oregon Resources Corp. and Bandon residents David and Sharon Comden against Coos County was heard by the Land Use Board of Appeals Thursday afternoon in Salem.
In the appeal, the Comdens charged the Coos County Board of Commissioners erred three times in its approval of a Coos County Planning Commission decision allowing sites to be mined by Oregon Resources on forest and mixed use zoned land.
According to the appeal:
* the first error was the board excluding “hobby farms” when determining the operation’s impact to farms;
* the second error was the finding that the operation would not force a significant change in or increase the cost of accepted farming and forest practices;
* and the third error was finding the operation would not increase fire hazard or increase fire suppression costs and cause safety issues.
Meanwhile, Oregon Resources assigned four errors to the county, all having to do with a condition imposed by the county forcing the company to provide maintenance and upgrades on the haul road, West Beaver Hill Road.
According to the appeal, the county’s errors were:
* the condition falls outside the scope of the county’s authority;
* requiring Oregon Resources to “upgrade” is unconstitutional;
* delegating authority to the roadmaster is unlawful; and
* the condition is “imprecise and hypothetical.”
Oregon Resources President Cheryl Wilson said attorneys from both sides were given 15 minutes to present oral arguments on Thursday and weren’t asked many questions by the LUBA board.
“They have advised us they’ll make their decision before Jan. 31,” Wilson said. “We’re just going to stay very positive.”
LUBA can reverse, affirm or remand the commissioners’ decision for further proceedings. If the decision is affirmed, the county commissioners’ decision can still be appealed to the Court of Appeals.
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