CLATSOP COUNTY BOARD OF COMMISSIONERS
NOTICE OF PUBLIC HEARING
For the reconsideration of the conditional approval of the consolidated application by Oregon Pipeline, LLC, to construct a 41-mile natural gas pipeline.
DATE OF HEARING: Wednesday, March 30, 2011
TIME: 3:30 PM
LOCATION: Judge Guy Boyington Building, 857 Commercial Street - Astoria, Oregon 97103

NOTICE IS HEREBY GIVEN that on January 13, 2011, the Clatsop County Board of Commissioners, pursuant to ORS 197.830(13(b) and OAR 661-010-0021, withdrew its decision to grant conditional approval to the Oregon Pipeline, LLC, consolidated application that was originally approved by the Board of Commissioners on November 8, 2010.

That decision had been appealed to the State of Oregon Land Use Board of Appeals (LUBA).

On February 9, 2011, the Board of Commissioners held a public hearing and set the scope of review for the reconsideration hearing. The Board has determined it may consider any and all issues identified in the findings adopted in support of the November 8, 2010, Board of Commissioners decision and that no new evidence will be considered as part of its reconsideration of the November 8, 2010 findings and decision.

The criteria applicable to the Board’s decision on reconsideration are as follows:

Land and Water Development and Use Ordinance 80-14
L3.220 – Residential Agriculture 5 Zone

L5.000 – Conditional Development and Use

L3.510 – Agricultural Forestry Zone

L5.040 – Development and Use Permitted with Review

L3.550 – Forest-80 Zone L5.120 – Coastal Zone Consistency Review

L3.560 – Exclusive Farm Use Zone

L5.350 – Transportation System Impact Review

L3.740 – Aquatic Development Zone

L5.800 – Columbia River Estuary Impact Assessment

L3.780 – Aquatic Conservation 2 Zone and Resource Capability Determination.

L3.800 – Aquatic Natural Zone

L4.000 – Flood Hazard Overlay

L4.040 – Geological Hazard Overlay

L4.080 – Shoreland Overlay

L4.200 – Sensitive Bird Habitat Overlay
Standards Document
S2.500 – Erosion Control Development Standards

S3.500 – Farm and Forest Zones Dwelling and/or Use Standards

S3.650 – Tsunami Inundation Zone

S3.700 – Geologic Hazard Requirements

S4.200 – Columbia River Estuary Shoreland and Aquatic Use
and Activity Standards

S4.500 – Protection of Riparian Vegetation

S6.000 – Road Standard specifications for Design and Construction

Clatsop County Comprehensive Plan – Goals and Policies
Goal 1 – Citizen Involvement

Goal 2 – Land Use Planning

Goal 3 - Agricultural Lands

Goal 4 - Forest Lands

Goal 5 - Open Space, Scenic and Historic Areas and Natural Resources

Gosl 6 - Air, Water and Land Quality

Goal 7 - Natural Hazards

Goal 8 - Recreation

Goal 9 – Economy

Goal 10 – Population and Housing Goal

Goal 11 – Public Facilities & Services

Goal 12 – Transportation

Goal 13 – Energy Conservation

Goals 16 and 17 – Estuarine Resources and Coastal Shorelands Lewis & Clark, Youngsd, Wallooskee River Valleys Community Plan and the Elsie - Jewell Community Plan

Oral and written argument will be accepted from all of the parties to the LUBA proceedings related to the November 8, 2010 approval. Oral argument must be presented through the parties’ legal counsel only unless otherwise permitted by the Board at the hearing.

County staff will be permitted to make a staff report and respond to Board questions. All other persons or organizations who participated in the 2010 Hearings Officer and Board of Commissioner proceedings in this matter will be permitted to submit written argument only, as provided below in this notice.

All written argument submitted to and received by this office by 5:00 PM on Wednesday, February 23, 2011, pursuant to the Board’s February 9, 2011, direction, will be considered at the March 30, 2011 public hearing.

NOTE: Failure of an issue to be raised in a hearing, in person or by letter, or failure to provide statements sufficient to afford the decision maker an opportunity to respond to the issue precludes an appeal based on that issue.

The following documents are available for review at the Clatsop County Transportation & Development Services office, 800 Exchange Street, Suite 100, Astoria, Oregon. A copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at the department office during normal business hours (M-F, 8-5) at no cost and will be provided in a digital format at reasonable cost.

A copy of the staff report is available for inspection at the Department office at no cost at least seven days prior to the hearing and will be provided at a reasonable cost.

In general, the procedure for conduct of the public hearing will in accordance with LWDUO Section 2.185(3): Introductory statements by the Board of Commissioners, staff report presentation, argument from the LUBA parties, argument from other parties, rebuttal by LUBA parties, and conclusion of the public hearing.

The Board of Commissioners will then deliberate and issue a decision.

If you have questions about this land use matter or need more information, please contact Jennifer Bunch, Clatsop County Planner, at (503) 325-8611 or via email at jbunch@co.clatsop.or.us .