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<br />We find that approval of the application will not result in flooding conflicts with adjacent land <br />uses. <br /> <br />Groundwater <br /> <br />EGR recommends that a low permeability barrier, groundwater dam or other flow restriction of <br />the upper aquifer should be constructed, at the applicant’s expense, as the excavation proceeds to <br />the west. EGR concludes that the construction of a low permeability barrier could actually result <br />in lower pumping of water, with significant benefit to the aquifer and area groundwater users. <br />That low permeability barrier has been termed the “aquaclude” by EGR and the applicant. <br /> <br />EGR recommends that excavation should begin on the east side of the expansion area and that <br />the aquaclude should proceed ahead of the excavation to the west. Construction of the aquaclude <br />should occur before excavation comes within 400 feet of its location. The aquaclude should be <br />at least 12 feet wide at the bottom and slope upward through the upper aquifer from 1:5 to 2:1 to <br />the original ground surface. The aquaclude should be placed within the setback area to insure its <br />separation from the excavation proper and to place its outer edge as close as possible to the <br />surrounding off-site shallow aquifer. EGR also recommends that a buttress of native material be <br />left between the aquaclude and the excavation area proper. <br /> <br />EGR’s ultimate conclusion is that placement of a low permeability barrier around most of the <br />excavation should result in restoring groundwater levels around the excavation pit to near pre- <br />development levels. DOGAMI has provided the applicant with its preliminary concurrence with <br />EGR’s ultimate conclusion. A copy of correspondence from the agency to the applicant is <br />included with EGR’s evaluation attached to the application. The correspondence states that <br />“there may actually be a slight mounding of the ground water in the shallow aquifer within close <br />proximity to the barrier thus eliminating the possibilities of drawdowns which could impact <br />supply wells within the area.” <br /> <br />Construction of the aquaclude within the setback area requires an administrative variance <br />pursuant to Lane Code that Lane County has approved (should the Metro Plan amendments <br />succeed). <br /> <br />As discussed above in our findings regarding flooding, EGR has provided adequate and <br />significant evidence that the existence and operation of the aquaclude will not result in flooding <br />of adjacent lands. The applicant and EGR testified that the trench constructed for the aquaclude <br />will be filled with clay material excavated from other locations on the applicant’s adjacent <br />ownership and operation. We find that the proposed clay material for the aquaclude is a natural <br />soil that will not decompose and will not pollute underground waters. <br /> <br />Both Planning Commissions found unanimously that there was a conflict due to groundwater. <br />The low permeability barrier (aquaclude) is proposed as mitigation, and the applicant should map <br />the specific proposed location for the low-permeability barrier. The Eugene Planning <br />Commission found unanimously that the aquaclude would minimize conflicts with groundwater <br />to an adequate level. The Lane County Planning Commission voted 4-2 that the aquaclude <br />would not minimize the conflict with groundwater to an adequate level. <br /> <br />We find that the proposed aquaclude is sufficient mitigation to minimize conflicts. <br /> <br />(ORS 215.296 Standards for approval of certain uses in exclusive <br />farm use zones. (1) A use allowed under ORS 215.213 (2) or <br />215.283 (2) may be approved only where the local governing <br />body or its designee finds that the use will not: <br />(a) Force a significant change in accepted farm or forest <br />practices on surrounding lands devoted to farm or forest use; or <br />Ordinance - 22 <br /> <br />