Document text
0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Deadly disease waning in blacktails, for now ... RCC offers HOPE for medical jobs ... Neighbors heard fireworks before fire outside Jacksonville ... Deadly disease waning in blacktails, for now ... RCC offers HOPE for medical jobs ... Neighbors heard fireworks before fire outside Jacksonville ... ENVIRONMENT Paving company tangled in litigation again Approval would allow asphalt processing 30 days a year Comment By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jun. 16, 2016 at 5:59 PM By Tony Boom for the Mail Tribune Posted Jun. 16, 2016 at 5:59 PM » Social News TALENT — Environmental group Rogue Advocates has filed an intent to appeal notice with Oregon Land Use Board of Appeals after Jackson County gave approval for Mountain View Paving to process aggregate on its 11-acre site adjacent to Bear Creek. Before operations can begin, Mountain View must obtain a floodplain development permit, because the site has Special Flood Hazard Area designation. A revised site plan must also be submitted, fire safety inspection performed and other requirements met. Approval allows batching to be done for 30 days during a 12-month period, if the material is needed to construct an approved public road project. A temporary batch plant would be used. A hearing date on the appeal has not been set by LUBA. Rogue Advocates has not yet submitted a brief on the case, said Maura Fahey of Crag Law, Portland, which represents the group. She declined to elaborate on appeal grounds. “We have to file on the 27th (of June),” said Fahey. “After that point I could talk to you about it.” Other requirements limit hours to 6 a.m. to 7 p.m. Mondays through Saturdays and exclude operations on six holidays. The authorization expires after four years. A January LUBA ruling on an appeal affirmed that Mountain View Paving did not have land use authority to operate an asphalt batch plant at the site, apparently ending five years of judicial and administrative battles over whether the plant was a “grandfathered use.” Asphalt batching had been conducted since 2001. Rogue Advocates fought most of the battle but was joined by the city of Talent and others at times. Christine Hudson, owner of Mountain View Estates, located across the creek from the plant, is a co-petitioner in the latest appeal. Residents of Talent had concerns about odors, noise and dust from the operation. Other plant opponents were worried its presence could cause harm in the event of a flood. Jackson County fined the firm $21,700 for code violations arising from operations the firm conducted from September 2015 until January after a county hearing officer’s ruling denied the use. The county also ordered removal of the plant and structures at the site. Plant equipment that was previously at the site is no longer visible from Interstate 5. Lois Schmidt, who lives across the creek from the plant, said Tuesday that she only occasionally hears trucks coming and going and has not heard other activity. Jackson County’s approval allows crushing, screening and recycling of aggregate material including asphalt, which can be stockpiled. Three storage structures, fuel storage, an employee office, scales and a scale shack are allowed along with essential equipment. County Development Services Director Kelly Madding did not respond to phone calls and emails about efforts to obtain the floodplain permits or the status of the firm’s fine payment and removal of structures. A call for comment left for lawyer Hillary Zamudio of Huycke O’Connor Jarvis, LLP, which represents Mountain View Paving, was not returned. Tony Boom is an Ashland freelance writer. Reach him at [email protected]. By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jun. 16, 2016 at 5:59 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2016 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501