Item 1: PH on Ordinance Amending Metro Plan (Delta Sand and Gravel)

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maintain the correct noise standards laid out by the Department of Environmental Quality. He said Lane County would then have the authority to enforce noise regulations. In response to a question from Ms. Nichols regarding whether the commission had the authority to change the hours that noise was allowed, Mr. Yeiter said he did not know what the state standard was for lateness of noise but the applicant had agreed to use the City of Eugene noise standards. Mr. Lanfear added that there was a certain level of noise allowed untill 0 pm. and the applicant was not trying to operate until the established time limit. Ms. Arkin said the suggested noise standards were hard to enforce. She said lO pm. was late for families .in the area to hear operations going on. She said she was saddened that the applicant could not take families and working class people i1}to account. She said for the record that 10 pm. was a burden on neighbors and she felt sad for the people who would have to listen to it. In response to a question from Mr. Carroll regarding whether excavation of the low permeability water barrier was a construction activity and therefore exempt from DEQ noise standards, Ms. Schulz said she did not agree with that, conclusion. Mr. Carroll said the issue had been raised by the opposition that excavation for the low permeability barrier should be included under DEQ noise standards. He said the applicant had stated that the excavation was a' construction activity and therefore had a different noise standard. In response to a question from Ms. Colbath regarding ,whether a construction permit would be issued, Ms. Schulz said it would be part of Delta's operating plan and not a separate permit. In response to a question from Mr. Carroll regarding whether the applicant analyzed potential noise from the construction of the low permeability barrier, Ms. Schulz said the applicant had not. In response to a question from Ms. Colbath regarding whether the construction of the barrier would be included in the time limits established in noise ordinances, Ms. Schulz said yes if the activity was included in the plan to allow mining. Mr. Belcher said the equipment for constructing the low permeability barrier would not be below ground level like the mining equipment. He added thatthe construction would also be closer to residential areas. Mr. Lawless said he agreed that there was a noise conflict issue. He said he was in favor of considering allowed' hours of operatipn. He said if the mitigation measures proposed met DEQ standards then he saw no reason not to support the idea that the conflict could be minimized. Ms. Arkin said the applicant failed to address the DEQ regulations for noise because they left out analysis of Impulse noise, blasting noise, and tonal noise. She stressed that the applicant had not really addressed ~ompliance with DEQ standards.. Mr. Becker said noise was a major issue for residents. He said the 10 pm. allowance seenied extreme to him and added that 7 am. operations on a Saturday also felt unreasonable to him. He suggested that the allowable hours of operation should be re-examined. MINUTES~Lane County Planning Commission, . . July 25, 2006 .. Page 14