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Feb 15 2010 -- Mar 15 2010 LUBA: Tidewater May Apply for Wedderburn In-stream Mining | Tidewater Sand and Gravel wants to re-open, and possibly expand, its instream gravel mining operation at the Wedderburn site on the north bank of the Rogue River. To do that, they had to get Curry County to agree that the site is not in an"estuary natural" management designation in the Comprehensive Plan, which prohibits mining. The Curry County Board of Commissioners agreed with Tidewater in a series of hearings in 2009. Oregon Shores, Kalmiopsis Audubon Society and Curry Sportfishing Association appealed Curry County's decision.
Unfortunately, LUBA upheld the County's decision on all points. Though LUBA agreed with us on some of the tax lot designations, they held that it was ultimately unimportant to the larger question of whether the County could rely on the Comprehensive Plan for guidance, as the estuary maps are exceedingly imprecise. This problem is aggravated by the estuary's constant shifting.
What's next? This decision does not give Tidewater the right to mine at the Wedderburn site. It only allows Tidewater to apply to Curry County for a permit to mine again at Wedderburn. If they do apply, and if the County grants a permit, Tidewater would still have to acquire permits from the state (Department of State Lands, most likely), and also from the U.S. Army Corps of Engineers. Since there are federally-threatened salmon in the estuary, the Corps will also have to undertake a consultation with the National Marine Fisheries Service concerning any permit proposal.
So while we are disappointed in this decision, it will be a long time before we know if Tidewater will ever mine again at the Wedderburn site. There will be many permits and hearings (none currently scheduled) before any activity takes place, and many opportunities to further participate in public processes that protect the Rogue River's extremely important estuary and salmon habitat.
For more information: 2/9/2010: LUBA's Decision regarding Tidewater's Wedderburn site 12/9/2008: DOGAMI letter to ACOE regarding Regional General Permit concept for gravel mining
Articles on topic 'Curry: Gravel Mining': Sep 5 2011 Oregon Shores Seeks Again to Protect Rogue from Mining May 5 2011 Efforts to Block Tidewater’s Gravel Mining Succeed Feb 10 2011 Curry Planning Commission Turns Down Gravel Mining Jul 28 2010 Efforts to Protect the Lower Rogue From Gravel Mining Continue Apr 5 2010 Gravel Mining Continues to Threaten Chetco River, Rogue Estuary Feb 15 2010 LUBA: Tidewater May Apply for Wedderburn In-stream Mining Oct 28 2009 South Coast Rivers: Gravel Mining Continues Jul 23 2009 Results of Hearing on Gravel Mining on Elk Jul 21 2009 Curry County Hearing July 21 on Gravel Mining in Elk River Jun 6 2009 Two More Victories on Gravel Mining on the Rogue May 28 2009 Third Hearing Scheduled on Gravel Mining near Old Mill Site Apr 23 2009 Tidewater Requests "Interpretation" of Estuary Boundaries Apr 1 2009 ACOE Solicits Comments on Tidewater Application on Elk River Sep 24 2008 Two Victories on Gravel Mining on the Rogue Sep 23 2008 New Guide to Permitting for Instream Gravel Mining New Guide to Permitting for Instream Gravel Mining Aug 7 2008 Gravel Mining on the Rogue Nov 1 2007 Chetco River Gravel Mining Nov 1 2007 Rogue River Gravel Mining
 Contact: Cameron La Follette, Land Use, (503) 391-0210, or EMAIL |
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