Item A: Delta Sand and Gravel - Laserfiche WebLink

Home Browse Search

this section is not applicable. If identified conflicts cannot be minimized, subsection (d) of this section applies. Noise Daly-Standlee concluded that, with appropriate noise mitigation measures, noise generated by future mining operations in the proposed expansion area will comply with the most demanding interpretation of the DEQ Noise Regulations for Industry and Commerce at all residential properties around the proposed expansion area. Daly-Standlee begins its analysis of potential noise impact by stating that certain areas within the impact area may be subjected to mining activity noise above the limit allowed by the DEQ for a “new noise source” on a “previously unused site.” DEQ noise limits for a new noise source on a previously unused site (OAR 340-35-0015(14) and 340-35-0035(1)(b)(B)(i) (Table 8)) are more restrictive than the noise limits for “existing noise sources” (OAR 340-35-0015(17) and 340-35-0035(1)(a) (Table 7)). Daly-Standlee states that historically DEQ has ruled that when a mine site is expanded onto contiguous property, noise criteria which applied to the equipment before expansion shall also apply to the equipment while in the expansion area. Because aggregate mining has been occurring on the 474 adjacent acres of Delta Sand and Gravel Company ownership since 1927, it could be argued that the existing mining operation is an “existing noise source” and that the expansion area should be subjected to the less stringent existing noise source criteria under that historic DEQ interpretation. However, it could also be argued that the proposed expansion area is an “unused site” and that equipment moved to that area should be considered a “new noise source on a previously unused site.” Delta Sand and Gravel Company has elected to address potential noise impacts of a new noise source on a previously unused site and to subject its future aggregate extractions to the more restrictive DEQ noise limits for such a noise source. Because Daly-Standlee states that certain areas within the impact area may be subjected to mining activity noise above the limit allowed by the DEQ for a new noise source on a previously unused site, this application must demonstrate that the potential noise impacts can be minimized. OAR 660-023-0180(1)(g) provides that noise conflicts are considered minimized under the rule when the relevant DEQ noise regulations (OAR 340-035-0035) are met. Daly-Standlee concludes that, with appropriate mitigation measures, noise generated by mining activity at the proposed expansion area will comply with the most demanding interpretation of DEQ regulations at all residential properties within the impact area. Daly-Standlee proposes a variety of mitigation measures, starting with limiting the first and second lift mining operations to the time period from 7 o’clock AM to 10 o’clock PM. Daly-Standlee proposes alternative mining procedures at various locations of the proposed expansion area. Those alternative procedures are provided in Tables 7 and 8 of the noise study. The study further concludes that if the proposed alternative procedures are followed during the first and second lifts then no noise mitigation will be required for the third and subsequent lifts. That statement is based upon the fact that due to the depth of operating equipment below grade (surface level), the noise barrier effect provided by the face of the excavation combined with the distance effect will reduce noise to a level in compliance with the DEQ noise restrictions at all locations within the impact area. Opponents of the application have challenged the Daly-Standlee report on grounds of methodology and conclusions. We find that Daly-Standlee’s rebuttal of the opponents’ arguments is reasonable and provides significant evidence that the DEQ noise level requirements will be met or exceeded through implementation of the proposed mitigation measures. We find further that the initial construction of the aquaclude, which involves the removal, stockpiling and return of topsoil and overburden to the trench during the surface digging, constitutes a construction project that is exempt from DEQ noise level requirements. We also Ordinance - 17