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base rock for air degradation, abrasion, and soundness, and the estimated amount of
<br />material is more than 2,000,000 tons in the Willamette Valley, or more than 500,000 tons
<br />outside the Willamette Valley;
<br />
<br />(b)***
<br />
<br />(c)***
<br />
<br />(d)Notwithstanding subsections (a) and (b) of this section, except for an
<br />expansion area of an existing site if the operator of the existing site on March 1, 1996,
<br />had an enforceable property interest in the expansion area on that date, an aggregate
<br />site is not significant if the criteria in either paragraphs (A) or (B) of this subsection
<br />apply:
<br /> (A) More than 35 percent of the proposed mining area consists of soil
<br /> classified as Class I on Natural Resource and Conservation Service
<br /> (NRCS) maps on June 11, 2004; or
<br /> (B) More than 35 percent of the proposed mining area consists of soil
<br /> classified as Class II, or of a combination of Class II and Class I or
<br /> Unique soil, on NRCS maps available on June 11, 2004, unless the
<br /> average thickness of the aggregate layer within the mining area exceeds:
<br /> 3. 60 feet in Washington, Multnomah, Marion, Columbia, and Lane counties;
<br />
<br />
<br />(a) A representative set of samples of aggregate material in the deposit on
<br />
<br />the site meets applicable Oregon Department of Transportation (ODOT)
<br />specifications for base rock for air degradation, abrasion, and soundness,
<br />and the estimated amount of material is more than 2,000,000 tons in the
<br />Willamette Valley, or more than 500,000 tons outside the Willamette Valley;
<br />The applicant submitted evidence and argument to address compliance with OAR 660-023-0180
<br />(3), subsections (a) and (d)(B). These findings evaluate the sufficiency of that evidence and
<br />argument. The record contains expert geologic testimony on both sides of these issues. The
<br />applicant’s analysis was provided by EGR and Associates (EGR). State rules for testing refer to
<br />the American Society for Testing and Materials (ASTM) and American Association of State
<br />Highway and Transportation Officials (AASHTO) manuals. The AASHTO-ASTM Standard
<br />Practice for Sampling Aggregates language describes the sampling protocol for roadside or bank
<br />run sand and gravel deposits under Appendix D75, section X2.3.2.
<br />The applicant’s analysis was reviewed by Mark H. Reed, Ph.D., Mineral Resource Geologist and
<br />Department Head of the Department of Geological Sciences, University of Oregon, who
<br />provided testimony to the contrary. Dr. Reed received his Masters of Science degree (1974) and
<br />doctorate degree (1977) from the University of California at Berkeley. In addition to 23 years as
<br />an Assistant and Associate professor at the University, his postgraduate employment includes
<br />three years (1977-1979) as a full time geologist for the Anaconda Copper Company, Butte
<br />Montana. His experiences with the mining company included drilling, sampling, surveying,
<br />assaying, and geophysical logging. Dr. Reed has a long list of professional affiliations, short
<br />courses, publications, and abstracts, and has provided written testimony in over 15 cases. The
<br />Eugene City Council finds Dr. Reed to be a credible witness.
<br />
<br />
<br />The report of applicant’s geologic consultant EGR (Exhibit 1,Original Delta application,
<br />including Exhibit E from EGR: Evaluation of Aggregate Resources: Delta Sand and Gravel
<br />Expansion Area, Section 2.3), states that more than 35% of the proposed mining area consists of
<br />Class II soils. The Council agrees with the specific part of EGR’s report that characterizes the
<br />Ordinance - 8
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