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demonstrate compliance with the requirements of OAR 660-023-0180(3)(a). ( <br />Exhibit 144 – <br /> <br />DOGAMI geologist review of onsite aggregate deposit) <br /> <br />(b) The material meets local government standards establishing a lower threshold for <br />significance than subsection (a) of this section; or <br />Neither the City nor the County has established a lower threshold for significance. Therefore, <br />this section does not apply. <br />(c) The aggregate site was on an inventory of significant aggregate sites in an <br />acknowledged plan on September 1, 1996. <br />The expansion area was not on an inventory of significant aggregate sites on September 1, 1996. <br />Therefore, this section does not apply. <br />(d) Notwithstanding subsections (a) and (b) of this section, except for an expansion <br />area of an existing site if the operator of the existing site on March 1, 1996, had an <br />enforceable property interest in the expansion area on that date, an aggregate site is <br />not significant if the criteria in either paragraphs (A) or (B) of this subsection apply: <br />Because the City Council has found that the application does not satisfy sections (a) or (b), <br />findings under section (d) are superfluous. Nonetheless, to provide a complete evaluation of the <br />application, the City provides the finding that the applicant has not shown that the operator of the <br />existing site (Delta Property Company/Delta Sand and Gravel Company) did not have an <br />enforceable property interest in the expansion area on March 1, 1996. See Exhibit 1, original <br />Delta application dated August 12, 2005. <br />(A) More than 35 percent of the proposed mining area consists of soil classified <br />as Class I on Natural Resource and Conservation Service (NRCS) maps on <br />June 11, 2004; or <br />The proposed mining area does not include any Class I soil. See Exhibit 1, original Delta <br />application page 11, and including Exhibit E, EGR document dated June 2005, Evaluation of <br />Aggregate Resources: Delta Sand and Gravel Expansion Area. <br />(B) More than 35 percent of the proposed mining area consists of soil classified as Class II, or <br /> <br />of a combination of Class II and Class I or Unique soil, on NRCS maps available on June 11, <br />2004, unless the average thickness of the aggregate layer within the mining area exceeds . . . <br />60 feet in . . . Lane count[y]. <br />The applicant’s report shows that more than 35 percent of the proposed expansion mining area <br />consists of Class II soils. See Exhibit 1, original Delta application page 11, and Figure 6 in <br />Exhibit E, EGR document dated June 2005: Evaluation of Aggregate Resources: Delta Sand and <br />Gravel Expansion Area. <br />The EGR report estimates that the average thickness of the aggregate layer in that area is 70.5 <br />feet; however, DOGAMI evaluation observed only 51.5 feet depth (see Exhibit 144). The <br />Council also finds that EGR’s Exhibit A (e.g. p. 5- 8 and 11-13, Figures 7, 8, and 9, Appendix E <br />well logs and table), and related materials, establish that there are two contiguous, but distinct, <br />layers of sand and gravel, in the expansion area. These layers consist of an upper layer (“younger <br />Ordinance - 13 <br /> <br />