VALE – A state board has concluded that the Malheur County Court erred when it approved a request by a local contractor to add a piece of land to the county’s inventory of natural resources to open the way for a new gravel quarry.
The Oregon Land Use Board of Appeals ruled the court must gather more information regarding the economic, social, environmental and energy consequences to its decision regarding an 80-acre parcel on Jasmine Slope north of Ontario
The county court consists of Judge Dan Joyce and Commissioners Ron Jacobs and Jim Mendiola.
The area in question has been a flashpoint between local developer Darren Lee and a group of homeowners for years.
Neighbors are concerned about the impacts of a gravel pit near their homes, including wells running dry, noise and dust. They asserted Lee’s soil testing procedures – required for him to move ahead on plans for a gravel pit – were inadequate.
The April decision by the court essentially recognized the acreage as a gravel site but no permits to mine the area have been issued. The 80 acres is adjacent to Mesquite Road and owned by farmer Dallas Head.
The state land board’s order came after a group of eight residents filed an appeal of the court’s April decision.
The group asserted in its appeal that the county court misunderstood land use law.They said the court “adopted inadequate findings not supported by substantial evidence” in its decision.
The land board agreed that the court “misconstrued” a state rule that outlines the procedures and requirements to comply with the Oregon’s Goal 5. Goal 5 is a state planning target that covers resources such as wildlife, historic places or gravel mines.
The decision of the land board means the court will review its April decision if Lee files a written request for the court to review its decision
If he does, the court must schedule another hearing in 30 days. The court can elect whether to proceed based on existing records regarding the acreage or hear new evidence. In the wake of the state board decision, the 80 acres is in limbo. Previously Lee directed all questions regarding the issue to his Ontario attorney, Brian Sheets of BRS Legal. Sheets declined to comment.
Tina Casssity and her husband Robert were among the residents who filed the appeal. She said since the decision from the land use board, Lee installed security cameras along Head’s property.
“Surveillance cameras are very upsetting to me. All of the cameras face our home,” said Cassity.
Cassity said in earlier interviews that Lee’s proposed mining operation is about 100 feet from her home.
In February, the Malheur County Planning Commission denied an application by Lee to open a gravel pit at the site.
The commission cited inadequate provisions to address dust and noise and possible impacts to existing agriculture.
Lee is still under a suspension order from March 2023 from the state Department of Geology of Mineral Industries to cease mining. The agency acted after it received complaints that Lee’s company, 4 Lees Excavation, was mining without a permit.
News tip? Contact reporter Pat Caldwell at [email protected]
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