Item A: Delta Sand and Gravel - Laserfiche WebLink

Home Browse Search

find that the applicant’s method of construction of the aquaclude, including the creation of temporary berms of the stockpiled topsoil and overburden, will not produce noise levels in excess of DEQ requirements. We find that the remainder of the construction of the aquaclude, because it involves the extraction and use of the aggregate material for aggregate production, does not constitute a construction project. We find further that Daly-Standlee has adequately demonstrated, in its subsequent report placed in to the record of the proceeding during the elected officials’ public hearing, that the remainder of the construction of the aquaclude as proposed by the applicant will not produce noise levels in excess of DEQ requirements. Daly-Standlee concludes that, with implementation of the provided mitigation measures, the potential noise conflicts associated with mining activity in the proposed expansion area will be minimized consistent with the Goal 5 Rule and, based upon the Daly-Standlee analysis and conclusions, we find accordingly. Dust Bridgewater concluded that, with the appropriate dust minimization measures, mining of the proposed expansion area would be compliant with Lane Regional Air Pollution Agency (LRAPA) airborne particulate matter emission standards and fugitive dust requirements and, based upon Bridgewater’s analysis and conclusions, we find accordingly. We note that, for those types of conflicts addressed by local state or federal standards, to “minimize a conflict” means to ensure conformance to the applicable standard (OAR 660-023-0180(1)(g). Lane County’s airshed is protected and regulated by LRAPA and the applicant currently holds an Air Contaminant Discharge Permit (ACDP) from LRAPA for its existing mining and processing facility on the adjacent Delta property. That ACDP requires that the rock crushing facility of the applicant remain in its current location and also provides a limitation on the amount of rock produced from that facility. We find that the activities proposed for the expansion area will become subject to the current LRAPA ACDP (and regulated thereby) and we find that the applicant has demonstrated that its activities proposed for the expansion area will conform to the standards contained in the current LRAPA ACDP. Bridgewater provides the list of proposed dust control measures that includes the requirement that the expansion area shall be included within the LRAPA ACDP for the existing Delta Sand and Gravel Company operation, and that the provisions of that ACDP shall be followed by the applicant on the proposed expansion site. A copy of the ACDP is attached to the application. The ACDP requires that the LRAPA-approved Fugitive Dust Control Program be followed at the existing company site. The expansion area shall be added to the ACDP and the Fugitive Dust Control Program shall be implemented on the proposed expansion area. Bridgewater recommends additional dust control measures and those measures are listed below in these findings. Opponents of the application testified that they believe that the applicant cannot minimize dust conflicts from the proposed mining with nearby residential land uses and believe that the aggregate extraction process (mining) creates conflicting amounts of dust. We find that potential dust conflicts have been demonstrated to result primarily from three activities associated with mining and processing of aggregate material. Those activities are 1) excavation of the site for aggregate material, 2) transport of the excavated material to the processing facility and 3) the processing facility (rock crushing operations). We find that the current ACDP includes provisions that regulate the manner in which those activities occur on the existing Delta facility site and that control the applicant’s production of airborne particulate matter at a level that meets LRAPA (and Oregon Department of Environmental Quality) standards. Furthermore, we find, based upon testimony provided by the applicant during the elected officials’ joint public hearing (in the form of a video of the current extraction process on the existing mining site), that the process of mining the material does not produce dust as has been Ordinance - 18