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Sept. 7, 2018
Dear Onno,
The new operators at Eckman started at 6 AM, on Wed. Sept. 5.
I visited the site to verify. I was told to call the Sprinfield office regarding any permits.
I then decided to attend the County Commissioners meeting.
On a call back later from the ARI office we received the response, “we are lawful and will work when we need to.”
We think they need a CUP.  We believe this type of operation should be regulated. You stated so yourself in early May.  [letter below]
We hope that process is nearing completion.

We have not  seen or heard anything from your office to believe that process has started.

You made quite a few statements in your letters  below.
Would you please copy us with your  communications with David since your decision regarding a CUP.

Has an application for a CUP been filed?  What date was it filed?

Who applied for the CUP?     ARI or Kauffman?
Have you written the staff report? Can we get a copy of it please?
We never received a copy of the official ‘findings’ memorandum regarding your May decision that ECQ does indeed need a CUP.

Could we please get that?

Has staff completed the ‘other quarry conditions review’ and the ‘staff recommendations on conditions’?

Your May 7 comment below, clearly cannot be correct.

“We cannot, yet, impose land use restrictions on the quarry (things like hours of operation, blasting notices, etc) until the CU process is complete.”
 We believe that one role of the Planning Dept. is code enforcement.    What if they never apply for a CUP???
“An essential responsibility of the Department of Planning and Development is ensuring compliance with land use and building codes in unincorporated areas of Lincoln County through code enforcement.”
 
” Of course we will keep you informed throughout the process.”
I have not been kept informed of anything except your opinion in an e mail on June 6:
“As I noted in previous correspondence, Lincoln County won’t seek to shut them down because we are still working through the regulatory issues. I promised Dave, after I communicated to Dave that it looks like we need to run him through a CU, that I would visit the site, to understand — from his perspective — what’s happening on the ground. 
 
Maybe you could promise us, you will try to resolve this complaint of Feb. 29, 2016, to correct a quarter century failing, as we believe this is a function of the Dept. you direct.
You also wrote June 6:
“And YES we are paying close attention to the 1989 expansion (the regulatory expansion) which may indeed enable us (indeed obligate us) to regulate the quarry. The bottom line is this time around I am going to MAKE SURE WE GOT IT RIGHT.  And if it is clear Lincoln County is under obligation to regulate that quarry then we will put them through a CU process. That’s not a big deal. If that happens the conditions to run the quarry will, I anticipate, match the conditions we have for other quarries in Lincoln County subject to CUs.”
This implies you are re thinking your May decision of the necessity of a CUP.  We anticipate seeking Land Use Board clarification shortly to assist you and speed up the process.
 
Based on your written statements as director of LCPD,  your opinion, is  LCPD cannot regulate ECQ, until they apply for a CUP.  That concurs with the ARI statement “they will work when they want”, and David’s statement ” I have no rules”.
 
We would love to hear the CUP is progressing and see some verification that the process is in motion.
 
Sincerely
Robert Rubin

 

 

 

The mishandling of a Feb. 2016 alert/complaint of a land use violation,  by the Lincoln County Planning Department Director,  Onno Husing,  is appalling.  Abuse of power, wasting county resources,  wasting my time and resources, wasting Planning and County Commissioners time,   and  possibly causing  the temporary closure of Eckman Creek Quarry.  He has failed to correct a nearly 30 year old violation while and allows  this violation to continue despite his responsibility  to uphold our laws.
We have a simple request. Regulated days and hours of operations, blasting notices, OSHA rules followed.  Director Husing claimed LCPD did not have the authority. After 26 months he realized LCPD does have that authority. Yet he has done nothing!
Many of my neighbors know the Sunday  sounds of a drill going through rock,  some know exactly what is happening with each screech , wheeze, and shrill high pitched howling of metal going through rock.  The crushing of large rocks into smaller ones is a noisy project any day of the week.
ECQ started in the late 1940’s.  I think it is a few months older than me. They avoided early 1970’s land use laws via a grandfather clause.
An expansion of 21.9 acres, in 1989,  along with the expansion of the DOGAMI permit, eliminated all grandfather protections.
When we filed the complaint in  2016,  LCPD did not have,  nor maintained  a file on  Eckman Creek Quarry.  Since 1989 this quarry has been the subject of a variety  complaints from neighbors,  the City of Waldport,  DOGAMI, and was recently fined by DEQ.