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produce noise, dust, smoke and other impacts. The grantees, including their heirs, <br />assigns and lessees do hereby accept the potential impacts from farm and forest practices <br />as normal and necessary and part of the risk of establishing a dwelling, structure or use <br />in this area, and YWe acknowledge the need to avoid activities that conflict with nearby <br />farm or forest uses and practices YWe will not pursue a claim for relief or course of <br />action alleging injury from farming or forest practice for which no action is allowed <br />under ORS 30.936 or 30.937. " <br />Compliance may be met through a condition of approval. <br />(c) Domestic Water Supply. <br />(1) The applicant shall provide evidence that the domestic water supply is from a source <br />authorized in accordance with the Water Resources Department's administrative rules <br />for the appropriation of ground water or surface water and not from a Class II stream as <br />de -fined in the Forest Practices Rules (OAR Chapter 629). <br />(2) Evidence of a domestic water supply means verification from a water purveyor that <br />the use described in the application will be served by the purveyor under the purveyor's <br />rights to appropriate water; or a water use permit issued by the Water Resources <br />Department for the use described in the application; or verification from the Water <br />Resources Department that a water use permit is not required for the use. <br />(3) If the proposed water supply is from a well and is exempt from permitting <br />requirements under ORS 537.545, the applicant shall submit the well constructor's report <br />upon completion of the well. <br />This shall be made a condition of approval. <br />(e) Road Access. As a condition of approval, if road access to the dwelling is by a road <br />owned and maintained by a private party or by the Oregon Department of Forestry, the <br />Bureau of Land Management, or the U.S. Forest Service, the applicant shall provide <br />proof of a long-term road access use permit or agreement. The road use permit may <br />require the applicant to agree to accept responsibility for road maintenance. <br />Access is not being taken via a Forest Service Road, and the criterion do not apply. <br />(e) Tree Planting Requirements for Lots or Parcels over 10 Acres: <br />(1) Prior to issuance of a building or siting permit for a dwelling, approved under the <br />provisions in MCC 17.139.030(A), (B) or (C), on a tract of more than 10 acres in size, <br />the landowner shall plant a sufficient number of trees on the tract to demonstrate that the <br />tract is reasonably expected to meet Department of Forestry stocking requirements at the <br />time specified in Department of Forestry administrative rules. <br />(2) At the time required by the Department of Forestry rules the owner shall submit a <br />stocking survey report to the county assessor and the assessor shall verify that the <br />minimum stocking requirements have been met. <br />This shall be made a condition of approval. <br />ZC / CP / AR 25-001 — RECOMMENDATION <br />Jerome P. Lackner <br />Page 16 <br />