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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 Home News Latest Stories Gearing up adds up Since You Asked: Yellowjackets seem to be less active this year Giant air tankers add to Medford's fire response Emergency Services Long-awaited Talent roundabout set to open Crime, Courts and Emergency Services Emergency Services MPD crosswalk sting leads to several tickets Firefighting will close part of Lost Creek Lake over Labor Day weekend Grants Pass man arraigned on charges related to fatal DUII crash Saturation patrols planned this weekend Politics and Elections Gold Hill mayor faces challenger; other races have one candidate each Medford proposes new rules for pawn shops to help nab thieves Lack of incumbents, pot issue draws 10 for Medford council races Council members in Gold Hill dodge voter recall Bill Pullman campaigns for Oregon GMO labeling law Education Gearing up adds up RCC program helps prepare Latinos for college SOU launches leadership degree program Medford charter school opens with many changes, including its name Superintendent welcomes staff to a new school year Environment Judge won't block release of water Ashland marchers won't give up on climate change message OR-7 could be recollared next month Deadly deer virus may be spreading Talent earns Bee City USA designation State news Nation - World Obituaries Merle I. 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TALENT Asphalt plant opponents frustrated during appeal Opponents of the plant weren't allowed to enter any evidence not already in the record By Tony Boom Mail Tribune MailTribune.com By Tony Boom Mail Tribune Posted Aug. 26, 2014 @ 5:46 pm Updated Aug 26, 2014 at 6:16 PM By Tony Boom Mail Tribune Posted Aug. 26, 2014 @ 5:46 pm Updated Aug 26, 2014 at 6:16 PM » Social News Opponents of the Mountain View Paving asphalt plant operation in Talent were disappointed they couldn’t introduce new evidence during a hearing Monday to reconsider a ruling that has allowed the plant to operate. But Jackson County Hearings Officer Donald Rubenstein made it clear that reconsideration of his earlier findings, remanded by Oregon’s Land Use Board of Appeals to look at one area, can be based only on evidence in the record from the original appeal hearing in 2013. LUBA asked for reconsideration to determine the type of lawful, nonconforming batch plant use that existed at the site in 1992 prior to changes in 2001. According to earlier testimony, a concrete batch plant operated sporadically from 1992 to 2001, when Paul Meyer purchased the property and started the asphalt operation. Batch plant operations may be “grandfathered” at the site because they existed under previous land-use regulations, although they would now be illegal. A group called Rogue Advocates appealed an April 2013 ruling by the county that led to Rubenstein’s initial consideration. Residents of Mountain View Estates and other Talent neighborhoods have complained about odors and noise from the asphalt plant, which they say sometimes starts early in the morning and runs late into the night. Chris Hudson, owner of Mountain View Estates, located across Bear Creek from the plant, attempted to enter evidence she gathered after the record closed Aug. 7, 2013.   Rubenstein told Hudson she may have billions of pieces of truth but they cannot be used in making his decision. “It’s not a question of whether it is true. It needs to be in the record,” said Rubenstein. Hudson wanted to refute evidence that Best Concrete operated at the site in the 1990s, but was not allowed to do so. Two other speakers were also unable to testify because their evidence was not already in the record. Doyle Cornwell wanted to testify also, but said, “I can’t say anything.” “We got all that truth and nobody will listen,” Hudson said after the hearing concluded. Rubenstein needs to determine the type of operation that existed in 1992 and he also must consider whether the change from a concrete to an asphalt plant represents a substantial alteration. “There is barely zero evidence in the record to go to 1992,” said Maura Fahey, a lawyer from Crag Law representing Rogue Advocates. “The applicant hasn’t met the burden of proof.” Rogue Advocates President Steve Rouse noted aerial photos of the site taken in the 1990s show no plant and questioned the change of operation. “It is not clear the two types of batch plants are the same,” said Rouse. “If they are the same, then alterations from a concrete to an asphalt plant would require county review and approval for that change.” During rebuttal, attorney Dan O’Connor, representing Mountain View Paving, said he felt Rubenstein used the county code, which does not differentiate between asphalt and concrete batch plants, to make his first ruling. But O’Connor said code can’t be used to make that determination. “You can determine, based on the evidence in the record, that it is the same use throughout,” said O’Connor.  Substantial evidence in the record shows a batch plant operation in the 1990s, O’Connor stated. Rubenstein must issue his decision on the remand by Oct. 29. In a related matter, another Jackson County hearings officer on Aug. 18 dismissed a Jackson County complaint against Mountain View Paving for operating without land-use approval. Hearings Office James Dole ruled that a stipulated order entered into by the county and firm in October 2013, based on Rubenstein’s first ruling, allows the operation. Tony Boom is a freelance writer living in Ashland. Reach him at [email protected]. By Tony Boom Mail Tribune MailTribune.com By Tony Boom Mail Tribune Posted Aug. 26, 2014 @ 5:46 pm Updated Aug 26, 2014 at 6:16 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. 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 Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs 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. 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