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(b) The local government shall determine existing or approved land uses within the impact area that will be adversely affected by proposed mining operations and shall specify the predicted conflicts. For purposes of this section, "approved land uses" are dwellings allowed by a residential zone on existing platted lots and other uses for which conditional or final approvals have been granted by the local government. For determination of conflicts from proposed mining of a significant aggregate site, the local government shall limit its consideration to the following: Uses on land surrounding the proposed expansion area, and within the impact area, consist of residential, agricultural and industrial uses. Residences are located south, west and north of the proposed expansion area. The nearest residence (at the southern terminus of Admiral Street) is located approximately 40 feet north of the boundary of the proposed expansion property. Residential subdivisions at urban densities are approved and the dwellings are under construction due west of the expansion site, inside the Eugene Urban Growth Boundary. The Urban Growth Boundary is located in the stream/wetland that is the western border of the proposed expansion site. A subdivision application for additional homes located immediately west of the expansion site (Silver Meadows Second addition) is pending. A 15.4 acre vacant property owned by Eugene School District 4J is located immediately north of the proposed expansion site. A single agricultural field containing nursery tree stock is located within the impact area, northeast of the proposed expansion area. The existing Delta Sand and Gravel Company facility is located directly east of the proposed expansion area and the Eugene Sand and Gravel facility is located further east across the Willamette River from the Delta Sand and Gravel Company property. (A) Conflicts due to noise, dust, or other discharges with regard to those existing and approved uses and associated activities (e.g., houses and schools) that are sensitive to such discharges; The applicant has identified the potential conflicts from the proposed mining of the subject property due to noise, dust and other discharges associated with mining and processing activities in the proposed expansion area. Those conflicts are as follows: Noise : The applicant retained Daly-Standlee, Oregon registered engineers, to prepare a noise study for the proposed expansion area. That study, titled “Report On Noise Study for Delta Sand & Gravel New Mining Area”, dated June 14, 2005, is attached to the application. The report concludes that certain areas within the impact area could be subjected to mining activity noise above the limit allowed by the Oregon Department of Environmental Quality (DEQ) for a “new noise source” on a “previously unused site.” (See Exhibits 1 (Exhibit F) as updated on November 14-15, 2005 to expand Zone 4; Exhibits 33, part (e), and 37 by Arthur Noxon; Exhibit 52 by Charles Oppenheimer; Exhibits 58 and 60, Daly-Standlee; and Exhibit 59, peer review by John Hector; Exhibit 270, from DSA responding to Noxon testimony.) The testimony of Arthur Noxon contests the applicant’s conclusions. Dust and Engine Emissions The applicant retained Bridgewater to prepare an evaluation of air quality issues associated with the proposed expansion area. That evaluation, titled “Air Quality Evaluation”, dated June 1, 2005, is attached to the application (Exhibit 1). The evaluation concludes that aggregate mining and processing activities could generate dust and potentially create a nuisance condition for the nearby residences due to unusual or annoying amounts of dust present in the ambient air. Other “discharges” under the administrative rule could be defined to include air emissions from diesel engines. However, the Bridgewater evaluation concludes that, due to the small quantity of onsite excavation equipment and haul trucks, and the distant location of the equipment to one another and the proposed expansion area boundary, no conflict due to diesel exhaust will result Ordinance - 15