Item 6: Ordinance on Delta Sand and Gravel

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(B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. As discussed above, on February 21, 2007, the City Council made a preliminary determination that the proposed expansion would not cause conflicts with local roads used for access and egress to the mining site (under OAR 660-023-0180(5)(b)(B)). To be consistent with that determination, the findings staff presented to the Council for the April 21, 2008 work session included the findings of consistency with Goal 12. 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). Under the revised findings, the council will find that the application was not adequate for lack of a traffic impact analysis, certain traffic impacts were not adequately addressed for lack of the analysis, and that without data about the facility’s current transportation impacts, the City cannot formulate a condition to ensure consistency with Goal 12 criteria. 3. Impacts Caused by Mining of the Aquaclude within 150 Feet of Existing Residences Background. The aquaclude is a subsurface barrier of poorly permeable material proposed to mitigate possible groundwater depletion and reduce the amount of groundwater seeping into the mining excavation area. The aquaclude would be created by excavating a trench at least 30 feet deep to a layer of older alluvium rock where there is no visible ground water flow, then re-filling most of the trench with clay and ash material. Permeable soil (overburden) and other material will be re-placed on the top 11 feet so that groundwater cannot back up to surface levels behind the aquaclude (to avoid flooding). The application and supporting materials in the record depict the trench as a sloped trapezoidal channel, but the width of the trench at the top is not determined in the record. State Goal 5 rules for mining set a minimum 150 foot setback from property lines, which is enforced by the Department of Environmental Quality (DEQ). This regulation is also contained in Lane County Code Section 16.217(4)(v). Delta Sand and Gravel asserts that the construction of the aquaclude is not a mining activity subject to DEQ setback regulations, and has requested a variance from Lane County to construct the aquaclude within this setback. County code provides the following minimum setbacks when a variance is granted for non-mining activities inside the mining setback: