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(d)Notwithstanding subsections (a) and (b) of this section, except for an expansion area of an existing site if the operator of the existing site on March 1, 1996, had an enforceable property interest in the expansion area on that date, an aggregate site is not significant if the criteria in either paragraphs (A) or (B) of this subsection apply: (A) More than 35 percent of the proposed mining area consists of soil classified as Class I on Natural Resource and Conservation Service (NRCS) maps on June 11, 2004; or (B) More than 35 percent of the proposed mining area consists of soil classified as Class II, or of a combination of Class II and Class I or Unique soil, on NRCS maps available on June 11, 2004, unless the average thickness of the aggregate layer within the mining area exceeds: 3. 60 feet in Washington, Multnomah, Marion, Columbia, and Lane counties; (a) A representative set of samples of aggregate material in the deposit on the site meets applicable Oregon Department of Transportation (ODOT) specifications for base rock for air degradation, abrasion, and soundness, and the estimated amount of material is more than 2,000,000 tons in the Willamette Valley, or more than 500,000 tons outside the Willamette Valley; The applicant submitted evidence and argument to address compliance with OAR 660-023-0180 (3), subsections (a) and (d)(B). These findings evaluate the sufficiency of that evidence and argument. The record contains expert geologic testimony on both sides of these issues. The applicant’s analysis was provided by EGR and Associates (EGR). State rules for testing refer to the American Society for Testing and Materials (ASTM) and American Association of State Highway and Transportation Officials (AASHTO) manuals. The AASHTO-ASTM Standard Practice for Sampling Aggregates language describes the sampling protocol for roadside or bank run sand and gravel deposits under Appendix D75, section X2.3.2. The applicant’s analysis was reviewed by Mark H. Reed, Ph.D., Mineral Resource Geologist and Department Head of the Department of Geological Sciences, University of Oregon, who provided testimony to the contrary. Dr. Reed received his Masters of Science degree (1974) and doctorate degree (1977) from the University of California at Berkeley. In addition to 23 years as an Assistant and Associate professor at the University, his postgraduate employment includes three years (1977-1979) as a full time geologist for the Anaconda Copper Company, Butte Montana. His experiences with the mining company included drilling, sampling, surveying, assaying, and geophysical logging. Dr. Reed has a long list of professional affiliations, short courses, publications, and abstracts, and has provided written testimony in over 15 cases. The Eugene City Council finds Dr. Reed to be a credible witness. The report of applicant’s geologic consultant EGR (Exhibit 1,Original Delta application, including Exhibit E from EGR: Evaluation of Aggregate Resources: Delta Sand and Gravel Expansion Area, Section 2.3), states that more than 35% of the proposed mining area consists of Class II soils. The Council agrees with the specific part of EGR’s report that characterizes the type of agricultural soils present on the proposed site. The Council hereby finds that more than 35% of the proposed mining area consists of Class II soils. Thus, the requirement of OAR 660- 023-0180(3)(d)(B)(i) applies to this application and requires that the average thickness of the aggregate layer exceed 60 feet. Ordinance - 10