LUBA Remands Permit to County
July 19th, 2009
This Thursday at 1:30, the Coos County Commission will be rehearing a permit they granted Jordan Cove in 2007 that was overturned by Oregon’s Land Use Board of Appeals. Hopefully, with one new Commissioner (Bob Main) and one that barely survived a recall (Kevin Stufflebean), the County will at least give a fair hearing.
The issues that LUBA sent back to the County for further consideration include:
1) Finding or approving mitigation maps for that area on the North Spit; ( Applicant had used their own maps not the maps approved by the Coos County Estuary Management Plan.
2) Clarifying the Coos Bay Estuary Management Plan (CBEMP) regarding several issues which the county did not apply -CBEMP Policy 25, which concerns “Waste/Storm Water Discharge.” The other policy is CBEMP Policy 48, which concerns “Weak Foundation Soils.”
LUBA declared that it was not an adequate explanation for why other CBEMP Policies that are not specifically mentioned in the special and general conditions could not apply if the substance of those policies warrants application.
3) Having a public process in regard to Protection of Historical, Cultural and Archaeological Sites. LUBA agreed with SOPIP that
The challenged decision fails to comply with CBEMP Policy #18 because it
1) does not resolve the disagreement between JCEP and the Confederated Tribes regarding appropriate measures to protect the site, and
(2) fails to adopt measures necessary to protect the historic, cultural and archaeological values of the site
Entry Filed under: Uncategorized
Leave a Comment
Some HTML allowed:
<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>
Trackback this post | Subscribe to the comments via RSS Feed