Item A: Delta Sand and Gravel - Laserfiche WebLink

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resources and for which the requirements of Goal 5 have been completed at the time the PAPA is initiated; No other Goal 5 resources shown on a Metro Plan acknowledged list of significant resources exist within the impact area. Nonetheless, opponents have argued that a meandering scar of the Willamette River is located on a portion of the northwestern boundary of the expansion area and that it constitutes a wetland. The opponents further argue that the existence and operation of the aquaclude (see discussion below regarding the aquaclude) will negatively impact the water levels and, consequently, the functions of the wetland. EGR, in testimony provided during the planning commission joint public hearing and deliberation, testified that the aquaclude would not produce the types of impacts to the wetland argued by the opponents. EGR and the applicant provided further testimony during the elected officials’ joint public hearing that the aquaclude would be constructed in a manner that leaves the top elevation of the clay-filled aquaclude one foot below the measured elevation of the wetland, approximately six to eight feet below ground surface. EGR testified that, even if the opponents were correct in their arguments that the aquaclude would negatively impact surface water that flows through the wetland (which EGR argues they are not), the modification to the aquaclude construction that positions the aquaclude beneath the measured elevation of the wetland will ensure that its existence and operation will not negatively impact the wetland. Based upon the cumulative testimony of EGR we find that approval of the application will not result in negative impacts on the wetland. (E) Conflicts with agricultural practices; and We find that approval of the application will not conflict with agricultural practices within the impact area. The only property within the impact area currently committed to agricultural use is tax lot 900, located on the subject property’s northern boundary. The owner of tax lot 900 has maintained nursery tree stock on that property for many years without conflict or negative impact from the nearby Delta Sand and Gravel Company operating facility. The owner of tax lot 900 testified that he did not believe that Delta’s mining within the expansion area would have negative effect on or conflict with his agricultural operation. The facility’s existing excavation pit is immediately south of tax lot 900, well within 1500 feet of the agricultural use of tax lot 900. Approval of the application will not change the physical relationship of tax lot 900 to the excavation area. We further find that any potential conflicts, even though not existing in the past and not identified for the future, that have been identified in this application (noise, dust, flooding, groundwater, traffic, etc.) relative to other existing uses, would be equally minimized relative to agricultural uses by the application of the mitigation measures identified below in this section. (F) Other conflicts for which consideration is necessary in order to carry out ordinances that supersede Oregon Department of Geology and Mineral Industries (DOGAMI) regulations pursuant to ORS 517.780; No ordinances that supersede DOGAMI regulations, pursuant to ORS 517.780 have been identified and therefore, no consideration of other conflicts associated with such ordinances is necessary. (c) The local government shall determine reasonable and practicable measures that would minimize the conflicts identified under subsection (b) of this section. To determine whether proposed measures would minimize conflicts to agricultural practices, the requirements of ORS 215.296 shall befollowed rather than the requirements of this section. If reasonable and practicable measures are identified to minimize all identified conflicts, mining shall be allowed at the site and subsection (d) of Ordinance - 16