Item 6: Ordinance on Delta Sand and Gravel

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3. Because the expansion site has sensitive receptors (e.g., homes) on three sides, it is likely that excavation activities will not always be shielded by the quarry wall. For instance, the residences on the south side of the expansion site will have a direct line of sight to excavation occurring along the north property line. Berms will be installed only temporarily for the aquaclude construction. The DSA analysis does not specifically address whether the distances involved will mitigate the noise impacts. 4. Most of the proposed mitigation measures depend on administrative oversight, such as self-monitoring distances between certain types of equipment and property lines, hours of operation, frequency of loads, etc. These are more difficult to monitor and enforce than structural or mechanical solutions, such as construction of berms. The County found 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. Staff Recommendation: In response to Council direction given at Council’s April 21, 2008 meeting, staff has performed further analysis of the application’s consistency with these Goal 5 criteria. Based on that analysis, revised findings are offered as a defensible substitute for the findings under OAR 660-023-0180(8)(c) and -0180(5)(b)(B). These revised findings conclude that there are several deficiencies in the DSA study that can lead to the conclusion that the conflicts of noise may not have been successfully minimized. The conflicts are worsened if the City considers construction of the aquaclude to be a mining activity and not exempt from DEQ standards. If the conflicts are not minimized, the city must conduct an economic, social, environmental and energy (ESEE) analysis to determine if there are overriding reasons to approve the expansion of the mining site. Based on Council direction, staff has prepared draft findings showing that the conflicts due to noise have not been minimized and an ESEE analysis that finds no overriding reasons to approve the mining.