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http://www.omniture.com --> Email Story to a Friend June 13, 2006 Zoning loss may signal end of mine By sanne specht Mail Tribune ROGUE RIVER — Opponents of a hillside aggregate mine are hoping a recent zoning defeat will signal the demise of mining near their downtown center. Jackson County Hearings Officer Paul Nolte denied owner Paul Johnson's request to continue operating a mine in an area not zoned for such use. Nolte reviewed six months of testimony regarding the operation of the 40-acre quarry located above North River Road near homes, businesses and the fire station. City officials are cautiously relieved at Nolte's long-awaited decision. City Administrator Mark Reagles said the mine's sporadic operation generated complaints and erosion problems during his dozen years with the city. "You don't want to seem negative against aggregate sites," said Reagles. "But I can say adamantly that was not the site for it." Medford attorney Dan O'Connor represents Johnson. O'Connor on Monday declined to comment on whether his client planned to appeal Nolte's ruling to the Land Use Board of Appeals. Less than two weeks remain in the 21-day LUBA appeals time clock, which started when Nolte signed the order on June 5. In December 2005, Nolte presided at a hearing to determine whether the mine, ruled in violation of county zoning regulations, should be granted a "non-conforming" use permit. While opponents of the mine were lining up to discuss the negative impacts on their town and properties, Nolte explained land-use law limited his duty to determining the legality of the mine — not its impact upon the community. Testimony was limited to permits, dates and the scope of operation. Nolte's ruling was fair because the owner failed to establish lawful pre-existing use, said City Planner Laurel Prairie-Kuntz. "The applicant did not meet the burden of proof or provide detail that showed consistent operation for the past 10 years," said Prairie-Kuntz. "They don't have a pre-existing, non-conforming use and they don't have a permit through DOGAMI state Department of Geology and Mineral Industries." During December's hearing, O'Connor stated his client's mine — on private land in Jackson County just outside city limits and urban-growth boundaries — was operating without a permit on file at DOGAMI. But a state permit was not required at the mine's inception in the 1960s, O'Connor said. O'Connor also argued the mine has been used actively, if sporadically. Up to 100 cubic yards of material had been removed during some years for projects such as Interstate 5 construction, he said. Nolte's decision was originally scheduled for February, but the record was left open for several months to allow for more information as the hearings officer urged both sides to produce as much historical data on the mine's usage as possible. County Planning Manager Tom Bizeau confirmed the county's violation warning issued against the mine last year remains on file. But there is no "cease and desist" order as yet, said Bizeau. The county is reviewing whether it should proceed with enforcement action or wait for the LUBA appeals deadline to pass, he said. Alternatively, the owners could try to petition the county for a conditional use permit, Bizeau said. With O'Connor declining to say how he will proceed, the ambiguity surrounding the mine's future has city officials remaining concerned. "I'm waiting for the other shoe to drop," said Reagles. Reach reporter Sanne Specht at 776-4497 or e-mail [email protected]. Advertisement s Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker Custom Build Computers Discount Hotel Reservations --> online casinos news Ashley Furniture HomeStore Send Flowers California Casinos GMAT Prep Windermere Van Vleet Sports Equipment Online Casino Reviews Entertainment Guide --> Online Casino Fundraisers Sudoku Online Casinos Canada Online Pharmacy