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of potential impacts. He said the definition of minimization is if the applicant can <br />demonstrate that it meets the requirements of the applicable regulatory agency, then it has <br />minimized the conflicts. He said in the materials they have, the consultant reports on <br />those potential impacts and the conditions the company would have to meet if they were <br />to approve the matter would mean they would have to meet the requirements of each of <br />the regulatory agencies. He indicated the Eugene Planning Commission agreed with <br />them, wherein they agreed that they could minimize all potential impacts except dust. He <br />said on that issue they didn’t do a good enough job to explain how they create dust and <br />how they could minimize dust impacts. He recalled at the last hearing the elected <br />officials were given an exhibit of the Delta Sand and Gravel sample log. He said it <br />showed a follow-up to issues raised by the Lane County Planning Commission that they <br />did not have a significant resource. He said, based on testimony from people who <br />questioned the consultants report on the manner on which the boring samples were taken <br />and what the analysis was and if it was done right, the Lane County Planning <br />Commission accepted that information from an individual who was not an expert, but <br />someone giving testimony over testimony from their consultant, EGR Associates, who <br />are licensed engineers who do the work continually. He said if their conclusion meets the <br />standards, then they have done the job they should do. He recalled throughout the Lane <br />County Planning Commission discussion, that concept was continually raised. He said <br />the Planning Commission stated they couldn’t accept the testimony of the consultants <br />because they were paid by the applicant and it tainted their testimony. <br /> <br /> Cornacchia noted the sampling test was a resampling and retesting by ODOT and an <br />analysis by DOGAMI. He explained those are the two agencies that are the regulatory <br />agencies for this issue. He said they were told by planning commissioners that they could <br />rely on the consultants and there was nothing from DOGAMI and ODOT. He said <br />because of that, they had ODOT come down to test and retest. He said they took the <br />borings and did their own sample. He said they issued their opinion (copy in file) that the <br />samples demonstrate the deposit is significant and meets the requisite standards as a <br />sample and the requirements as base rock. He said they sent that conclusion to DOGAMI <br />and asked them to respond. And he noted that based upon what ODOT had done, they <br />believed they had a representative sample, and the sample was appropriate for the <br />requirements of ODOT for base rock and meeting the Goal 5 requirements for <br />establishing a significant resource. He believed they met the burden that the agencies <br />that review these had signed off on the significance issue. <br /> <br /> Cornacchia commented that their consultant reports were criticized by consultants from <br />opponents. He said following the criticisms, they provided them to their the consultants, <br />who rendered the conclusions in the reports. He asserted their consultants rebutted every <br />one of the issues raised by the opposing consultants. <br /> <br /> Cornacchia stated they identified the potential impacts of noise, groundwater, flooding, <br />dust, impacts on wetlands and air cultural practices. He noted on all six, the planning <br />commissions had the opportunity to review their testimony and evidence and rendered a <br />decision on each one. He said the Eugene Planning Commission found for the applicant <br />on every issue except for dust. He said they found they had a significant inventory of <br />Page 3 – Joint Elected Officials' Meeting – December 12, 2006 <br />WD bc/m/06121/T <br /> <br />