AR25-026 Staff Decision - Laserfiche WebLink

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modification.” Any existing drainfield and future repair area should not be filled and should be delineated from all other site manipulation..” Marion County Code Enforcement provided comments requesting denial stating that they believe this to a commercial dumping operation rather than a farm use. Marion County Building Inspection commented: No Building Inspection concerns. Permit(s) may be required to be obtained if development of structures and/or utilities installation is proposed over the proposed fill soil pit locations. A compaction report of the soils may be needed to prove the density of the fill material is sufficient to support a structure. It is advised to obtain this compaction report for future use if structures are to be developed in these locations. 1000 Friends of Oregon commented requesting denial of the permit asserting that use is not a farm use and rather a commercial dumping operation. Their comments can be found in full in the case file. Friends of French Prairie commented requesting denial of the permit asserting that use is not a farm use and rather a commercial dumping operation. In their comments they submit pictures of the subject property with the dumping pit. Some of their pictures appear to show countertop waste being dumped into the pit. This would contradict the statements made by the applicants that only dirt and water have been dumped in their pit. The pictures show bright white material that appears to be ground up or in small chunks, similar to countertop waste that was dumped at a pit on another Marion County property associated with a disposal site. Their comments can be found in full in the case file. Jamie Howsley of Jordan Ramis Law Firm represents a neighbor, the Chambers Family, and submitted a letter requesting denial of the permit asserting that use is not a farm use and rather a commercial dumping operation. They also submitted enforcement letters against the property from DEQ, Oregon Water Resources Department and Marion County Code Enforcement. The letters from DEQ detail numerous violations related to water quality and hydraulic oil spills. The letter from Oregon Water Resources Department states that they are in violation of ORS 537.130(1) and 537.130(2) for constructing a earthen dam and storing water without a water right. Additionally, they submitted two videos, one of the very muddy, turbid water of Ryan Creek due to the contamination by the pit and a second of a pump actively pumping water from the pit into the Ryan Creek wetlands area. Their comments can be found in full in the case file. Michael McCauley commented requesting denial of the permit asserting that use is not a farm use and rather a commercial dumping operation. He also raises concerns about the construction of the berm and the damage it would cause if it were to fall and flow into Ryan Creek. Their comments can be found in full in the case file. All contacted agencies either failed to comment or stated no objection/concern to the proposal. 7. The applicant is requesting a determination as to whether operation of a site for placement of fill from hydraulic vacuum exaction is a farm use. In 2023 the applicant excavated and constructed a large pit on their property, measuring approximately 200 feet long by 150 feet wide and built in a circular shape. The pit is approximately 20-30 feet deep and was made by substantially digging out a gully on the subject property’s filbert orchard western edge and extending the digging into the orchard and flat areas of the property. The pit and associated berm take up approximately 0.8-1.0 acres. An asphalt road was constructed to access the pit site. The road is approximately 3570 feet long and leads to 6 dumping bays marked by painted white lines on the ground and yellow safety railings to denote the edge of the pit. After completion, vactor trucks employed by utility companies such as NW Natural, PGE, ProVac and Poltelco began dumping at the site. They dumped a slurry made of water and dirt which is the by-product of hydraulic excavation. High pressure water is used to loosen dirt and dig trenches/holes while an industrial vacuum sucks the slurry into a holding tank on the truck. The trucks then travel from the jobsite to the subject property and dump the slurry into the pit. Applicants were receiving compensation for each truck that dumped and based on evidence submitted in the record, were receiving $300 per load and received 238 loads from November 2023 to January 2024. Friends of French Prairie submitted photos of the above companies dumping at the site and included photos of what appears to be countertop waste (extra cuttings of countertops not big enough to be used in construction)