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Item A: Delta Sand and Gravel
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CC Agenda - 04/21/08 Work Session
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Item A: Delta Sand and Gravel
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4/18/2008 9:50:46 AM
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Agenda Item Summary
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4/21/2008
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(b) Significantly increase the cost of accepted farm or forest <br />practices on surrounding lands devoted to farm or forest use.) <br /> <br />As stated previously in these findings, the established agricultural use of tax lot 900 and the <br />established mining operations of the adjacent existing facility have co-existed for many years <br />without conflict. We find that approval of this application will not change the relationship <br />between the two adjacent uses and will not result in conflict between the two uses. Accordingly, <br />approval of this application will have no effect on the farm practices occurring on tax lot 900, <br />will not change those practices and will not significantly increase the cost of those practices on <br />tax lot 900. We further find that the historical relationship between the two uses, as testified by <br />the applicant and the owner of the adjacent agricultural land, coupled with the immediate <br />location of each to the other, provides a factual basis for the reasonable conclusion that approval <br />of this application is consistent with ORS 215.296. <br /> <br /> <br />Step 4 Weigh the Economic, Social, Environmental and Energy (ESEE) <br />consequences of unminimized conflicts and determine whether to allow <br />mining <br />(only need to do this Step if there are conflicts that are not minimized) <br />(d) The local government shall determine any significant conflicts identified under the <br />requirements of subsection (c) of this section that cannot be minimized. Based on these <br />conflicts only, local government shall determine the ESEE consequences of either <br />allowing, limiting, or not allowing mining at the site. Local governments shall reach <br />this decision by weighing these ESEE consequences, with consideration of the <br />following: <br />(A) The degree of adverse effect on existing land uses within the impact area; <br />(B) Reasonable and practicable measures that could be taken to reduce the <br />identified adverse effects; and <br />(C) The probable duration of the mining operation and the proposed post- <br />mining use of the site. <br />The City Council has already found that the expansion site is not a significant Goal 5 <br />resource. Even if it was such a resource, significant conflicts caused by dust have not <br />been minimized. The applicant did not provide an ESEE analysis. <br />Based on relevant evidence in the record, the City provides the following findings weighing the <br />economic, social, environmental, and energy (ESEE) consequences of allowing the proposed <br />mining, particularly as such an allowance would relate to the conflicts created by dust. <br />As an initial note, the record does not contain any proposal for a limited expansion. The <br />proposed minimization measures could arguably be considered a limitation on the expansion, <br />but, as discussed above, those measures are all discussed above and do not adequately minimize <br />the conflict. The record does not include evidence as to how the expansion could be limited. <br />This is a very technical feasibility question in the case of the expansion of a mining operation; <br />the city cannot simply propose its own idea for an alternative smaller expansion area, as the <br />alternative may be geologically unsound. Without some evidence regarding an alternative <br />proposal, the City cannot find that a limitation on the expansion could: <br /> - reduce the degree of adverse effect on the existing land uses within the impact area; <br />Ordinance - 23 <br /> <br />
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