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DateNameCompanyComment
 Malcolm Drake Dear OWRD, I submitted some comments to you about the proposed Sunny Valley Sand and Gravel quarry application at 3/11/2018 8:21:43 PM. Since then, I’ve received more information on the proposal, and hope you will consider these additional comments. Based on the map I just received, I cannot tell how large all these reservoirs are supposed to be, but it appears that they’ll total well over 100 acres. That being the case, I’ll use the figure of 100 acres, albeit this is probably a conservative estimate of their total surface area. I’ve seen no explanation by applicant as to how he thinks he’ll be able to avoid damaging the neighboring property's wells, considering the are, by his own engineers' testimony, using the same aquifer through which the applicant wants to excavate, to a level far below the normal water table. As excavation occurs, it would, clearly, be necessary to pump all water out of these pits, presumably by using water pumps. As soon as the depth of the pits exceeds the depth of the water table, it’s almost certain that water from the aquifer will drain into the pits. It’s also reasonable to assume that, the farther below the original water table each pit is excavated, the faster the aquifer will drain into the pit, thus draining the aquifer that is relied on by many surrounding landowners. If SURFACE WATER from Graves Creek is used at some point to refill these reservoirs (assuming they aren’t already filled by aquifer drainage), any time the water level in the pits is higher elevation than the water table, groundwater will flow from the pits INTO the residents' aquifer. Injecting ground water in this fashion will contaminate these wells, especially since the water would be supplied by Grave Creek during periods of generally high water, high turbidity, and high levels of bacterial , virus, and parasites. Then there’s the issue of evaporation. I’ve seen no explanation from applicant as to how he will deal with the huge quantity of water lost from these pits in this manner. Unless applicant can explain this issue, I see the potential for 100 (probably more) acres of reservoir surface to evaporate approximately 110,000,000 gallons per year. (3.4' of evaporation per year x 43,560 sq. ft. per acre x 7.48 gallons per cubic foot x 100 acres = 110,000,000 gallons per year.) Again, this is a conservative estimate. All the water which is lost to evaporation would likely be replaced by water from the neighbors' aquifer, and/or Grave Creek, depending on the relative elevations of the pits, the creek, and the neighbors' aquifer. I won’t go into a lot of detail, but I think, depending on how these reservoirs are recharged, there will be a choice of contaminating the neighbors' wells, on the one hand, or draining their aquifer on the other. It’s probable that both will occur during different seasons. In conclusion, these reservoirs have potential to cause substantial interference with both existing wells in the vicinity, and to existing water rights in Grave Creek, plus the potential to render these existing water wells to begin producing non-potable water. There is the additional problem of damaging endangered salmonids, by lowering the flow rate, and thus raising the temperature, of both Grave Creek and its nearby tributaries, especially Shanks Creek. Thank you for considering these other issues. Malcolm Drake 1200 Jump Off Joe Creek Road Grants Pass, Oregon 541.476.6166
 Steve McNamara Comment to oppose the requested permits for water rights. New reservoir water use app: S-88508, Water right transfer app T-12837 How can the Oregon Water Resource department consider allowing a mining permit for Sunny Valley Sand and Gravel Company, to drain 70 million gallons of fresh water from Graves Creek, for aggregate mining and mitigation of dust? The water levels this year are already in a precarious situation? A water emergency has already been declared in Klamath County and its only March. And this is not uncommon. Sunny Valley residents rely and cherish their water rights, when used for farming and gardening, it gives back to the community. The request for this amount of water does not seem to be in the community’s best interest. As it is only for the company’s profit. The use of this amount of water could have unforeseen consequences come fire season. Last year’s fire season was historical in this region. Every year fire danger is on everyone’s mind. Many of the tributaries of Graves Creek have had increased water temperatures from recent Timber Harvesting contributing to the elevated temperature of Graves Creek, effecting local fish populations, which are already struggling to survive. Reducing the water flow will result in additional challenges. I strongly urge the requested permits be Denied. Thank you, Steve McNamara 403 Brimstone Rd. Sunny Valley, OR 97497
 Carolyn McNamara Comment to oppose the requested permits for water rights. New reservoir water use app: S-88508, Water right transfer app T-12837 Water is the most important resource we have. We can’t live without it. Everything relies on it to exist. Most people in the area feel very protective of it because it is such an important resource. It is a source of recreation, in warmer months, when water levels allow, family members enjoy swimming and tubing on Graves Creek. It provides a sense of security in fire season. The request for 70,000,000 Gallons in addition to the already permitted agricultural allowances is absurd. To allow the year round request to access this water for mining would be irresponsible and inconsiderate to the residents in Sunny Valley. What protections have been put in place if the Cascadia Fault shifts? Or a catastrophic flood. How would Graves Creek, its residents, roads and structures be effected if there was a breach in the reservoirs? Has a surety bond been considered for environmental and structural damage? Marihuana grows have invested much money in their properties but have been denied access to water rights and have to truck in this resource, Why is this different? The outcome does not give back to the community. Most in the valley do not support this project. I strongly feel these requested permits should be denied. Thank you, Carolyn McNamara 403 Brimstone Rd Sunny Valley, OR 97497
 Raymond Baxter I am opposed to the approval of this application. If approved SVS&G will continue with their plans to excavate multiple 80' deep pits along Grave Creek. It doesn't take a college degree in hydrology to understand the basic laws of water flow. The path of least resistance is always constant, volume and pressure are directly related and alterations in any segment of a delivery system will affect the entire system. Should the excavation of the before mentioned pits intersect with, and open the fissure that my well is in, the water within that fissure will freely flow into the open pit, thereby dropping the pressure in the entire system. When the pressure drops the volume will also drop. This will reduce the amount of water in the system and the gallons per minute available in my well. I, like many of my neighbors, have spent years building homes, out buildings and shops, and landscaping our properties. I have some serious concerns about a deep pockets commercial GOLD mining operation coming into our beautiful valley and threatening to take away the water supply that is vital to maintain the life styles to which we have become accustomed. Laws, statutes, ordinances, regulations, procedures, etc. should not be utilized verbatim, but more as guidelines. A fair, just and righteous decision can be made when these guidelines are mixed with a healthy dose of COMMON SENSE.
 Barbara Dickinson Regarding Sunny Valley Sand & Gravel New Reservoir Water use app: S-88508: I request the application be delayed or denied until such time as full impact on the surrounding and downstream environs is understood. The salmon are already having a heard time spawning up from the Rogue in that area because of overly warm waters, partly resulting from illegal and un-remediated shade removal (trees and shrubs) within the riparian zones along Brimstone Gulch, and Grave Creek. To further deplete the available water would compound the impact, further endangering the habitat of our precious resources. We need to understand, also, how that reserved water will be reintroduced to the creek or environment. Will it be clean? Will it introduce fines into the flow of the creek? What is the oversight concerned citizens can count on to assure us that the resources SVS&G are requesting to borrow are returned in a civil and environmentally responsible way. Furthermore, a full understanding of how SVS&G will be allowed to use the water from their proposed reservoirs is needed in order to make an informed decision. Deep pit mining should be explicitly prohibited, as ground water and the nearby wells are at risk. Thank you for taking the time to hear my concerns. We are entering an age in which water is becoming an ever more precious resource, I look forward to learning more about how we as a community can work together to ensure best practices are being used to sustain our waterways, so that we cal all continue to thrive and enjoy the many resources available to us. Best, Barb
 Stacey DetwilerRogue RiverkeeperDwight French Oregon Water Resources Department 725 Summer Street NE, Suite A Salem, OR 97301 March 15, 2018 RE: Application # S-88508 Sunny Valley Sand and Gravel, Inc. for Expedited Secondary Application under HB 2178 in February 13, 2018 Public Notice of Water Use Requests Dear Mr. French: Thank you for the opportunity to provide public comment on the expedited secondary application to use exclusively stored water filed under HB 2178 for Application # S-88508 Sunny Valley Sand and Gravel, Inc. Rogue Riverkeeper is a non-profit organization based in Jackson County that works to protect and restore clean water and fish in the waters of the Rogue River. On behalf of our more than 3,500 members and supporters, we urge the Oregon Water Resources Department (OWRD) to not issue a permit for the proposed use, to move the application to the standard process, and review the application pursuant to ORS 537.153 due to the ongoing review of related water permits for the associated mining development by Sunny Valley Sand and Gravel, Inc. (SVSG) along this mile of floodplain boundary with Grave Creek, the potential for the proposed activity to impair and detrimentally impact public interests, the and the lack of land use approval for the proposed use. OWRD should not issue the permit and should move the application to the standard process pursuant to ORS 537.153 because: 1. The proposed activity is associated with ongoing efforts to permit a large-scale aggregate mining operation adjacent to Grave Creek where final orders for reconsideration have not yet been issued. The application proposes to use water from two reservoirs that would divert water from Grave Creek, a tributary to the Rogue River, for processing aggregate and dust control. Critically, the proposed activity is part of ongoing efforts for mining development along a mile of floodplain boundary with Grave Creek that has been the subject of multiple applications reviewed by the Oregon Water Resources Department (OWRD). The application (S-88508) proposes to use water from reservoir applications R-87930 and R-87932. Under ORS 537.409, OWRD issued final orders for these reservoirs, but then granted reconsideration of those orders and has not yet issued new orders on reconsideration. OWRD should not issue a surface water permit under this application to use water from reservoirs where no final orders on reconsideration have been issued, as required by rule (OAR 137-004-0080(8)). Additionally, proposed Reservoirs #2 and #4 in the application are coincident with all or part of the well/sump/excavation pit sites proposed in applications G-17580 and LL-1434 for a large-scale mining operation on the site adjacent to Grave Creek. OWRD denied both applications G-17580 and LL-1434 due to findings of potential for substantial interference (PSI) between groundwater and surface waters where water is not available. The proposed mining development and associated water diversion, appropriation, storage, and use will alter the flow of groundwater, appropriate groundwater, potentially dewater surface flows during the summer and fall, and adversely impact groundwater recharge. OWRD should review the application (S-88508) comprehensively through the standard process under ORS 537.153 in the context of permitting this large-scale mining operation and the overall impacts on both surface and groundwater resources in this reach of Grave and Shanks Creeks. 2. The proposed activity will likely impair and detrimentally impact public interests under ORS 537.170(8). We urge OWRD not to issue the surface water permit, move the application to the standard process, and to review the application pursuant to ORS 537.153 due to the potential for the proposed activity to impair and detrimentally impact multiple public interests under ORS 537.170(8). Constructing large, deep pits along the floodplain of Grave Creek will likely unlawfully capture groundwater, as documented by OWRD’s finding of potential substantial interference. This will not only injure the in-stream water right for Grave Creek, but will also impair and detrimentally impact the downstream Wild and Scenic Rogue River. The proposed activity will likely impair and detrimentally impact the following public interests under ORS 537.170(8): a. Conserving the highest use of the water: “Conserving the highest use of the water for all purposes, including irrigation, domestic use, municipal water supply, power development, public recreation, protection of commercial and game fishing and wildlife, fire protection, mining, industrial purposes, navigation, scenic attraction or any other beneficial use to which the water may be applied for which it may have a special value to the public.” (ORS 537.170(8)(a)). The proposed activity will likely impair and detrimentally impact public interests under ORS 537.170(8)(a) to conserve the highest use of the water for all purposes including but not limited to protection of commercial and game fishing and wildlife, domestic use, public recreation, and scenic attraction. Grave Creek supports spawning, rearing, and migration habitat for federally threatened Coho salmon, state sensitive summer steelhead, and Pacific lamprey. Under the 2014 Final Recovery Plan for threatened Southern Oregon/Northern California Coast Coho, NOAA Fisheries identifies Grave Creek as an area of high intrinsic potential (IP) habitat for the Middle Rogue-Applegate sub-basin. Under Certificate 72697, OWRD has an in-stream water right on Grave Creek for anadromous and resident fish rearing between December 1 and March 31 for 135 cfs. The proposed activity is associated with the well/sump/excavation pit sites proposed in applications G-17580 and LL-1434 for a large-scale mining operation on the site adjacent to Grave Creek. In 2012, OWRD found for both applications LL-1434 and G-17580 that groundwater would be appropriated by the proposed wells/sumps/excavation pits and would have the potential for substantial interference with Grave Creek, Shanks Creek, and an unnamed tributary. In its review, ODFW found that the proposed projects would pose a significant detrimental impact to existing fisheries. The proposed use does not conserve the water for multiple domestic uses that exist near the site, including but not limited to domestic wells. Additionally, the proposed use would not only impact Grave Creek and Shanks Creek, but also the downstream Wild and Scenic Rogue River. Public recreation and scenic attraction are two vital public interests that would be impacted by the proposed use. b. Maximum economic development of the waters: “The maximum economic development of the waters involved.” (ORS 537.170(8)(b)). The proposed activity would impair and detrimentally impact the highest use of the water, as discussed above, and would therefore also impact the maximum economic development of the waters. According to a 2008 economic analysis, river-based recreation on the Wild and Scenic Rogue River accounts for approximately $30 million in total economic output for the region. Between 2001 and 2006 in Josephine County, employment in the leisure and hospitality industry increased by 20%. In comparison, overall employment over this period increased in the county by 15%. The proposed activity, which would likely impair Grave Creek and the downstream Wild and Scenic Rogue River, has the potential to impair the maximum economic development of the waters as well. c. Control of the waters of the state for all beneficial purposes: “The control of the waters of this state for all beneficial purposes, including drainage, sanitation and flood control.” (ORS 537.170(8)(c)). The proposed activity would likely impair and detrimentally impact the control of the waters of the state for all beneficial purposes, as discussed in sub-sections (a) and (b) above. d. Waters available for appropriation for beneficial use: “The amou
 Lisa BrownWaterWatch of Oregon(These comments, with the attachment, have also been emailed) March 14, 2018 Thank you for the opportunity to comment on application S-88508 in the name of Andreas and Carole Blech and Sunny Valley Sand and Gravel, Inc. for mining use adjacent to Grave Creek, a tributary to the Rogue River. Because the application raises a number of significant public interest issues, and because there are other problems with the application, it should be reviewed using the standard process pursuant to ORS 537.153 and the Oregon Water Resources Department (OWRD) should ultimately issue a Proposed Final Order for the application. WaterWatch of Oregon (WaterWatch) submits the following specific comments: 1. The application proposes to use water from reservoir applications R-87930 and R-87932. OWRD issued final orders under ORS 537.409 for these reservoirs, but granted reconsideration of those orders and has yet to issue new orders on reconsideration. (In the Matter of the Petition for Reconsideration and Request for Stay of Enforcement of the Final Order on Application R-87930 and Permit R-15228, WaterWatch of Oregon, Inc., Petitioner, Order on Petition for Reconsideration and Request for Stay, Denying Stay and Granting Reconsideration (December 13, 2017)); (In the Matter of the Petition for Reconsideration and Request for Stay of Enforcement of the Final Order on Application R-87932 and Permit R-15230, WaterWatch of Oregon, Inc., Petitioner, Order on Petition for Reconsideration and Request for Stay, Denying Stay and Granting Reconsideration (December 13, 2017)). OWRD should not issue a surface water permit to use water from reservoirs for which OWRD has yet to issue final orders on reconsideration, as required by rule. OAR 137-004-0080(8) (“Following reconsideration, the agency shall enter a new order * * * ”). OWRD should return the application unless and until OWRD issues the required final orders for the reservoirs. Further, the fact that reconsideration was granted highlights that this application for water use is not appropriate for an expedited review process but need to be processed under the standard review process. 2. OWRD may not grant a permit for the proposed use because the applicant has not secured land use approval for the proposed mining. The land use decision approving applicant’s mining was challenged at the Land Use Board of Appeals (LUBA). On October 15, 2015, LUBA issued a Final Opinion and Order remanding the land use decision to the county. Rogue Advocates et al. v. Josephine County, LUBA Nos. 2014-095/096. WaterWatch’s understanding is that the remand process is ongoing. Therefore, applicant lacks land use approval for the land use associated with the surface water permit application S-88508 (mining). Where land use approvals are pending but not obtained, OWRD may “place conditions on a permit or other approval to preclude use of water and any associated construction until the applicant obtains all required local land use approvals; or, withhold issuance of the water use permit or approval until the applicant obtains all required local land use approvals.” OAR 690-005-0035(4)(c). However, that “approval is allowed only if the use meets requirements in paragraph (4)(b)(A) of this rule,” (id.) which states that“[a]ll requirements of statutes and rules governing Commission and Department actions are met.”]” (Id.). Here, those requirements of statutes and rules are not being met, including because OWRD is allowing Sunny Valley Sand and Gravel, Inc. to construct the source reservoirs of the proposed surface water permit prior to obtaining land use approvals. Other problems with meeting the statutory and rule requirements are described below and are detailed in WaterWatch of Oregon’s Petition for Reconsideration and Request for Stay of Enforcement of the Final Order on Application R-87930 and Permit R-15228, and WaterWatch of Oregon’s Petition for Reconsideration and Request for Stay of Enforcement of the Final Order on Application R-87932 and Permit R-15230, which are incorporated as if set forth fully herein. Even if there were not problems with rule and statutory requirements, because land use approvals have not been obtained, even if OWRD chose to issue the permit it must be conditioned to “preclude use of water and any associated construction until the applicant obtains all required local land use approvals.” OAR 690-005-0035(4)(c). Finally, “the Department may consider withholding water use approvals upon request by a local or state agency, or the applicant, or as otherwise warranted to serve the Department’s needs[.]” OAR 690-005-0035(4)(c). OWRD should withhold issuing this surface water permit until it issues orders on reconsideration for the reservoir permits and allows for resolution of any subsequent challenges to those orders. Issuing the surface water permit, which will likely entail investments by the applicant, prior to resolving issues pertaining to the reservoir permits will create unnecessary problems. 3. The proposed use would impair and detrimentally affect multiple specific public interests under ORS 537.170(8), as detailed below. In addition to the discussion below, WaterWatch incorporates its Petition for Reconsideration and Request for Stay of Enforcement of the Final Order on Application R-87930 and Permit R-15228, and WaterWatch of Oregon’s Petition for Reconsideration and Request for Stay of Enforcement of the Final Order on Application R-87932 and Permit R-15230 as if set forth fully herein. (a) Conserving the highest use of the water for all purposes, including irrigation, domestic use, municipal water supply, power development, public recreation, protection of commercial and game fishing and wildlife, fire protection, mining, industrial purposes, navigation, scenic attraction or any other beneficial use to which the water may be applied for which it may have a special value to the public. Using water from Grave Creek, and likely also unlawfully captured groundwater (as documented by OWRD itself on the multiple attempts of Sunny Valley to secure reservoir permits at this location), to promote a major mining project adjacent to Grave Creek would certainly detrimentally affect and impair the highest uses of the waters involved. The proposed water use will result in major, deep pits being constructed along Grave Creek (see Attachment 1) which will capture groundwater that is unpermitted and would cause significant adverse impacts to Grave Creek (including injuring the instream water right) and to the downstream Wild and Scenic Rogue River. Both Grave Creek and the Rogue River are recognized gems in Oregon’s river system that are known world-wide for their scenic attraction, outstanding recreational values and unparalleled fish and wildlife. The proposed use fails to conserve the values of the waters involved in supporting these beneficial uses. Additionally, the proposed use also does not conserve the waters for the numerous domestic uses that already exist nearby. The application needs to go through the standard process to ensure that OWRD, other agencies, and the public—including affected domestic well owners, fishermen, and recreationists—can fully evaluate the proposed use in accordance with the standards set forth in the water code. (b) The maximum economic development of the waters involved. Because the proposed use does not conserve the highest uses of the waters described in (a) above, the proposed use would also detrimentally affect and impair the maximum economic development of the waters involved. In the year 2018, it makes zero economic sense to permit use of water for aggregate mining along the banks of Grave Creek, tributary to the Wild and Scenic and internationally renowned Rogue River. (c) The control of the waters of this state for all beneficial purposes, including drainage, sanitation and flood control. See comments in (a) and
 Lisa Collishaw As we own and live on property that Grave Creek flows through, and are near the SVSG mining site, we are deeply concerned by the recent and proposed activities there. If SVSG is approved for the water use rights they are applying for, an extreme negative impact on the creek, as well as the area water table is inevitable. Our concerns most certainly regard the creek ecosystem, but our major personal concern is how this will affect OUR WELL WATER. We currently have very limited well water supply during the summer and fall months due to the naturally occurring changes in the water table here. To lessen this further will very probably leave us with inadequate water for our fruit and vegetable garden, pasture irrigation, or for our meager defensible green space and fire suppression near our home. This would diminish our quality of life and ability to sustain ourselves in countless ways. Please, please give this more due diligence and further review. Thank you.
 Ken & Ginger Winslown/aOur comment is for all the people of the valley with hand-dug wells. Our concerns of loss of water, since we already conserve due to "Mother Nature" and what Winter brings and long hot Summers. Also, loud rock-crushers and roaring gravel trucks leads us to the concern for containments of the water and the disruption of our joy for the wildlife. We have a hand dug well, it's 32 feet deep and is approximately 200 ft. from Grave Creek. This well was dug in the 1970's, and was given an easement as the well is not on the property but adjacent to it. Our home and well is at the west end of our property and is directly across from a planned pond.We are concerned because our well is shallow, we might lose our well or, that what water we get could be contaminated because we are downstream from the operation and any possible future accidents.
 Tiffany Gendron March 14, 2018 To Whom It May Concern: Per New Reservoir Water Use #S-88508 Water Right Transfer #T-12837 As a long time resident of Sunny Valley I have observed many positive changes in our humble pastoral setting over the last 20 years. However, I must take exception with the proposed gravel aggregate mine along Grave Creek. As I initially mentioned, this is a very peaceful residential location. Very pastoral where families can raise children and older folks can retire. A steady stream of heavy loaded trucks continually traversing narrow and winding Placer Road is a disaster waiting to happen. There are no shoulders on either side of the road, nor are the edges clearly marked in white. It is mostly double yellow lines and slower driving must be observed because of all the deer and wild turkeys. These heavily loaded trucks continually coming and going will be pushing speed limits. There are many school children who wait for the bus alongside the road every morning. That means a bus stopping many times on Placer to the mining site. I have yet to see how these and many more public safety concerns are to be handled by all involved in this permitting process. I have great concern over the amount of water being drawn from our precious watershed which is a very important tributary to the Rogue River. All in all I do not believe Sunny Valley Sand and Gravel is providing a positive and welcome change to our residential valley. The safety of our citizens, especially the children is of the utmost importance. Thank you for taking the time to read my remarks and place them in the public record. Sincerely, Tiffany Gendron 1220 King Mountain Trail Sunny Valley OR 97497 541.955.4878
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