Dear Friends and Neighbors,
Eckman Creek Quarries has been in operations since the late 1940’s . Surface mining operations pre date Oregon Land use laws. As such it received a “ grandfather” status when Oregon land use laws were enacted in the early 1970’s.
In 1989 Eckman Creek Quarries voluntarily expanded their lot size. They also applied for and received, a new DOGAMI operating permit and reclamation plan.
This lot size expansion , and permit expansion , eliminated any grandfather protections from County authority.
Local land use permissions are required prior to DOGAMI issuing an Operating Permit. From 1977 through 2017, DOGAMI asked Lincoln County to provide assurances this quarry was permitted. Lincoln County did not respond. In 2018 DOGAMI asked the question again. We have not been able to see the response, however DOGAMI renewed the permit for 2019.
Through the years the quarry and their neighbors, all believed the quarry had these grandfather clause rights. Requests for operational hours similar to the other quarry on the road, were met with “ We have NO RULES”. Drilling was always on Sunday. Even EASTER Sunday! The quarry still operates today under that false assumption.
The new operator ARI states “We will operate when we want”. Requests to operate within hours similar to the other quarry on the road, were ignored. Eventually the 5 AM rock crushing, Sunday drilling, and blasting without notice, became too much for some neighbors. It was discovered the 1989 expansion actually did negate all grandfather clause protections. A complaint was filed on Feb. 29, 2016.
We support Eckman Creek Quarries operating with a legally obtained Conditional Use Permit. Among those conditions would be days and hours of operations, pre blast notice sent to those requesting them , and no Saturday or Sunday operations. We believe this is fair.
The quarry has hired a land use planner and an attorney. The County has provided them a path to permits, that may include the removal of the additional lot, reducing the quarry back to its original size, with attempts to reinstate the grandfather clause protections.
Along with providing a plan and path for the quarry, the County will not take any action to mitigate this problem, despite saying the opposite!
TIMELINE & Brief Summaries
Feb. 29, 2016 Planning Department alerted. No Permits, required due to 1989 expansion.
It took 26 months for the County Planner to accept authority for regulating the quarry . Countless visits to Planning Commissioners meetings and the County Commissioners meetings . A long sad story for another time. Forced us to retain an attorney.
MAY 7, 2018 Onno Husing wrote: {26 Months later}
“The act of the expansion of the quarry — during 1989 — when it encompassed this second parcel, in effect, gave Lincoln County the authority to regulate Eckman Creek Quarry. That authority, to regulate that quarry under a CU, has existed since 1989. I then let Wayne Belmont and Jerry Herbage know what I learned.”
Astoundingly the May 7, 2018 E mail continues
“We cannot, yet, impose land use restrictions on the quarry (things like hours of operation, blasting notices, etc) until the CU process is complete. I expect the staff work on the conditional use process to proceed, in earnest, next week. I will write the staff report.”
ECQ continues to operate under the attitude they have no rules. especially when they know Lincoln County Planning won’t regulate them
However, please Consider, What if, Eckman Creek Quarry never meets the requirements for obtaining a CUP. They may never get a permit.
Why does L.C. continue to allow them to operate, drilling, crushing and blasting, often before 7 AM, without any restrictions or permits. They perform their legal shenanigans and continue to operate un restricted. What is going on!
ONNO e Mail wrote to our Attorney Nov. 9 2018 3:08 PM Mr. Herbage was CC’d
“We will also engage ECQ *name redacted to ECQ* in a follow up discussion about agreeing to observe operating hours and blasting notices for the adjacent community in the interim period before a conditional use comes into effect. Our Board of Commissioners requested that we proceed with that interim action.” Onno Husing 11/9/2018
Nov. 17, 2018 BOC Minutes video/Audio
“Yes we are going to enforce” Wayne Belmont
Lincoln County Board of Commissioners January 23, 2019 Meeting Minutes
CONSTITUENT INPUT
“Robert Ruben, Waldport, voiced concern over the operation of Eckman Creek Quarry. The Board reached a consensus to move forward with sending a letter requesting application for a conditional use permit for continued operation of the quarry or the County will take code enforcement action. Additionally, the letter will request the quarry cease drilling and blasting until the permit is issued.” 1/23/19
A FEW of Many VIOLATIONS:
No Notice Blasting 11/5/2018, OCT. 9, 10, 2019
CRUSHING before 7 AM May 9, 10, 13, 2019 Play video
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Last Updated: November 6, 2019 by qwyp_ud318k
TIMELINE PLUS
Dear Friends and Neighbors,
Eckman Creek Quarries has been in operations since the late 1940’s . Surface mining operations pre date Oregon Land use laws. As such it received a “ grandfather” status when Oregon land use laws were enacted in the early 1970’s.
In 1989 Eckman Creek Quarries voluntarily expanded their lot size. They also applied for and received, a new DOGAMI operating permit and reclamation plan.
This lot size expansion , and permit expansion , eliminated any grandfather protections from County authority.
Local land use permissions are required prior to DOGAMI issuing an Operating Permit. From 1977 through 2017, DOGAMI asked Lincoln County to provide assurances this quarry was permitted. Lincoln County did not respond. In 2018 DOGAMI asked the question again. We have not been able to see the response, however DOGAMI renewed the permit for 2019.
Through the years the quarry and their neighbors, all believed the quarry had these grandfather clause rights. Requests for operational hours similar to the other quarry on the road, were met with “ We have NO RULES”. Drilling was always on Sunday. Even EASTER Sunday! The quarry still operates today under that false assumption.
The new operator ARI states “We will operate when we want”. Requests to operate within hours similar to the other quarry on the road, were ignored. Eventually the 5 AM rock crushing, Sunday drilling, and blasting without notice, became too much for some neighbors. It was discovered the 1989 expansion actually did negate all grandfather clause protections. A complaint was filed on Feb. 29, 2016.
We support Eckman Creek Quarries operating with a legally obtained Conditional Use Permit. Among those conditions would be days and hours of operations, pre blast notice sent to those requesting them , and no Saturday or Sunday operations. We believe this is fair.
The quarry has hired a land use planner and an attorney. The County has provided them a path to permits, that may include the removal of the additional lot, reducing the quarry back to its original size, with attempts to reinstate the grandfather clause protections.
Along with providing a plan and path for the quarry, the County will not take any action to mitigate this problem, despite saying the opposite!
TIMELINE & Brief Summaries
Feb. 29, 2016 Planning Department alerted. No Permits, required due to 1989 expansion.
It took 26 months for the County Planner to accept authority for regulating the quarry . Countless visits to Planning Commissioners meetings and the County Commissioners meetings . A long sad story for another time. Forced us to retain an attorney.
MAY 7, 2018 Onno Husing wrote: {26 Months later}
“The act of the expansion of the quarry — during 1989 — when it encompassed this second parcel, in effect, gave Lincoln County the authority to regulate Eckman Creek Quarry. That authority, to regulate that quarry under a CU, has existed since 1989. I then let Wayne Belmont and Jerry Herbage know what I learned.”
Astoundingly the May 7, 2018 E mail continues
“We cannot, yet, impose land use restrictions on the quarry (things like hours of operation, blasting notices, etc) until the CU process is complete. I expect the staff work on the conditional use process to proceed, in earnest, next week. I will write the staff report.”
ECQ continues to operate under the attitude they have no rules. especially when they know Lincoln County Planning won’t regulate them
However, please Consider, What if, Eckman Creek Quarry never meets the requirements for obtaining a CUP. They may never get a permit.
Why does L.C. continue to allow them to operate, drilling, crushing and blasting, often before 7 AM, without any restrictions or permits. They perform their legal shenanigans and continue to operate un restricted. What is going on!
ONNO e Mail wrote to our Attorney Nov. 9 2018 3:08 PM Mr. Herbage was CC’d
“We will also engage ECQ *name redacted to ECQ* in a follow up discussion about agreeing to observe operating hours and blasting notices for the adjacent community in the interim period before a conditional use comes into effect. Our Board of Commissioners requested that we proceed with that interim action.” Onno Husing 11/9/2018
Nov. 17, 2018 BOC Minutes video/Audio
“Yes we are going to enforce” Wayne Belmont
Lincoln County Board of Commissioners January 23, 2019 Meeting Minutes
CONSTITUENT INPUT
“Robert Ruben, Waldport, voiced concern over the operation of Eckman Creek Quarry. The Board reached a consensus to move forward with sending a letter requesting application for a conditional use permit for continued operation of the quarry or the County will take code enforcement action. Additionally, the letter will request the quarry cease drilling and blasting until the permit is issued.” 1/23/19
A FEW of Many VIOLATIONS:
No Notice Blasting 11/5/2018, OCT. 9, 10, 2019
CRUSHING before 7 AM May 9, 10, 13, 2019 Play video
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