CC Minutes - 01/16/08 Joint Elected Officials

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operation’s limits that are in the conditions that include the watering of surfaces during dry periods. He said LRAPA monitors air quality in the metro area to meet DEQ emission standards applied to the air contaminate discharge permit. He said therefore, this criterion has been met and the potential impact minimized through that condition. He stated the Board concluded through their straw vote that the proposed conditions do adequately minimize all potential conflicts to a level that meets the required thresholds. Howe explained the next step is laying the ESEE analysis. He said that analysis is only triggered if one of the potential conflicts wasn’t minimized. He added since they were all minimized, they didn’t need to move into Step 4 for an ESEE analysis. Howe noted Step 5 was the determination of whether new uses surrounding the Goal 5 resource could impact it and would they need to be limited. He added that is done through an ESEE analysis. He indicated that the record showed there weren’t any potential new uses identified in the impact area, therefore the ESEE analysis of potential new uses was not required. Howe said the procedures for Step 6 where they develop the program to allow the mining is the final step of the process. He said because the expansion site is outside the urban growth boundary, Lane Code Chapter 16 applies and the Board of Commissioners is the one that makes the decision on the operation plan and the rezoning of the property. He said the Board found the record showed ample evidence that the site meets all of the above criteria for the rezoning requirements and would approve the rezoning of the property to sand and gravel and rock products. He said a variance was requested. He added that it would only be processed by the Board. He said the requirements were addressing setbacks and no flood hazards as a result of a variance. He said the request was for the aquaclude requiring the variance. He added the request for placement within the setback area is to ensure its separation from the excavated aggregate pit and to place the barrier’s outer edge as close as possible to the surrounding outside shallow aquifer. He said the applicant proposed to construct that aquaclude within the setback, proceeding ahead of the mining extraction to the west at a distance of 400 feet from any excavation activity. He said under the rule to allow mining, it takes any required measures to minimize conflicts including special conditions and procedures regulating mining need to be clear and objective. He said that Lane County will be coordinating with DOGAMI and the water resources regarding the existing operation and reclamation plan for the expansion into the area. He said the mining plan requires DOGAMI approval. Howe said if the City of Eugene should revisit this and get beyond Step 2, those would be the conditions and the reasoning behind the Board concluding that the potential impacts would be minimized with the conditions and how the Board concluded that this is a significant Goal 5 resource that needs protection and they would be developing the plan to allow the mining. Clark declared that he received an e-mail from a neighbor and gave it to staff. Solomon thought the County came up with a reasonable plan that addressed all the issues that Delta Sand and Gravel and the neighbors had. She commented that it is a heavily regulated industry and she was confident that the program the County has come up with is reasonable. She thought they were contributing to the economy and community. She believed that at a minimum the city council owes them a vote. Ortiz believed this was an important decision but she still had a lot of concerns. 4 MINUTES—Eugene City Council January 16, 2008 Page Joint Elected Officials Meeting