In its latest ruling, LUBA accepted the county’s definition of “small to moderate scale” development as affecting less than 100 acres, but ruled that certain development activity proposed for the Bradwood project, including in-river dredging, on-site areas disturbed by construction of the terminal and pipeline, and off-site disturbed by construction of the gas pipeline must be considered in determining whether the 100-acre threshold has been exceeded.
“On remand, the county should calculate that acreage based on our conclusions set forth above about the types of activities that constitute ‘development activity’ ‘at Bradwood,’” the ruling states.
LUBA also ruled that the definition of “protect” contained in the latest findings did not meet the requirements of statewide planning goals. In doing so, LUBA provided clearer direction to the county on remand by stating that “the development that is to be allowed by the disputed rezone is not consistent with the Goal definition of ‘protect’ unless the measures proposed in seeking to rezone the property are sufficient to reduce harm to such a degree that there is at most a de minimus or insignificant impact on the resources that those policies require to be protected.”
The state panel rejected a third argument raised by opponents – that the county commissioners improperly limited public input at the 2009 hearing by redacting portions of some written comments that did not directly address the two remand issues.
At this point it is the decision of the applicant, Bradwood/NorthernStar, whether to request that the county hold another public hearing to address the remand issues. The applicant also has the option of appealing the LUBA ruling to the Oregon Court of Appeals.
Just the pipelne construction for the 36 mile long, or so, route using a 50' NSNG/Bradwood controlled right of way for their 36" diameter, high pressure, Natural Gas pipeline attached to the Bradwood site itself is 220 or so acres alone.
ReplyDeleteUnder 100 acres?
Not even close.
"Other than that, how was the play Mrs. Lincoln."
ReplyDeleteWhen on earth are you LNGers going to get that this is never going to happen.
The County Staff recommended no.
Now LUBA says no....again
The Governor, Attorney General, and US Senators oppose the projects.
There may be some crazy re-shirters but they didn't elect Dirk Rohn or Sam Patrick and those voters LIVE in the Bradwood site.
This is not a good time to be a County Commissioner supporting Bradwood.
Jeff Hazen may have to actually say something.
Maybe even post something this year on his blog on your blogroll or maybe even appear live on your show and take calls!
the pipeline and terminal are two seperate entities, McGee....only a fool could see it your way.
ReplyDeleteWhat could we ever do without McGee's hot air? ( Run the windmills?) Their socialist view on everything has got politics (bad) involved in every aspect of our daily activities. Wait till the proposed Heritage area is rammed through and all those restrictions-controls-costs are put in effect. Tax-Tax-and then Tax us but it will not be called that just user fees. Sound familiar??
ReplyDeleteMCGee's a Republican and proud to be so but against "Bad Business" and "Bad Non-partisan Government".
ReplyDeleteIs that what scares you George?
Tom,
ReplyDeleteI believe the county board of commissioners has the option to issue new findings, based on the current record, at any time.
I believe the board should do so and deny the project as currently conceived. This would be without prejudice to Bradwood who could reapply at any time.
I think this de novo approach is superior as it seems Bradwood needs more than a tweak to the current plan to satisfy the law.
Marc Auerbach
LUBA is a minor beuraucratic roadblock..everything will get straightened out and things will proceed. Meanwhile the politicians will continue to talk out both sides of their mouth as they dance around for the antis.
ReplyDeletePut The Onus Back On Northern Star
ReplyDeleteAnd maybe now it is simply time for Clatsop County Commission and Planning Commission, in support of its/our staff suck it up, get a spine and bring all this misery to a screeching halt by simply insisting that before any more review and approvals of NSNG's Bradwood Landing take place, that all requirements of County, State and Federal agencies be met to the letter of the law and those approvals be laid on the table for a final approval.
This is a project of such a magnitude that "Trust us, we will do the right thing" just should not even be brought into the equation.
With this last LUBA ruling the term "Action Talks, Bullshit Walks" is in full play here and to avoid any more talk or notions of "Recall" and the tearing apart of the unity of this community's citizens, it is imperative we take the directorship of this mess out of the hands of Texas based Northern Star Natural Gas and put the onus back on them to satisfy us.