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

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from the perimeter of the proposed expansion area rather than the boundaries of the existing aggregate site and shall not include the existing aggregate site. The 1500 ft. impact area is measured from the boundary of the proposed mining expansion area, and is shown on maps provided by the applicant on an aerial photo base in the record. Issues of conflict raised during the Planning Commission public testimony and included in the written record are for: dust, noise, groundwater, wetlands & sensitive habitat, traffic, flooding, and agricultural impacts. Concern for potential impact to an elementary school property outside the 1500’ impact area has Exhibit 9 been raised in — letter from J.P. Lauch, 4J Facilities Manager. Impacts beyond 1500’ were raised for groundwater impacts and impacts to agricultural practices in: Exhibit 16 – letter from Kate Perle Exhibit 18 – notes from Kevin Jones oral testimony. Exhibit 33 -- SCRO testimony Exhibit 36 – Hydrology-Geology Report by Mali Kupilas The Joint Planning Commissions deliberated and considered whether or not the impact area extended beyond the 1500’ minimum as they considered each conflict ‘type’. Both Planning Commissions found that none of the conflicts extend beyond the 1500 ft. minimum impact area as measured from the perimeter of the expansion site. (b) The local government shall determine existing or approved land uses within the impact area that will be adversely affected by proposed mining operations and shall specify the predicted conflicts. For purposes of this section, "approved land uses" are dwellings allowed by a residential zone on existing platted lots and other uses for which conditional or final approvals have been granted by the local government. Approved land uses within the 1500’ impact area consist of low density residential, aggregate production and processing, and agricultural operations. Conflicts were predicted due to dust, noise, groundwater, flooding, wetlands and agriculture. For determination of conflicts from proposed mining of a significant aggregate site, the local government shall limit its consideration to the following: (A) Conflicts due to noise, dust, or other discharges with regard to those existing and approved uses and associated activities (e.g., houses and schools) that are sensitive to such discharges; Written submittals and oral testimony identified conflicts between these existing uses and associated activities primarily for people living in the adjacent residential neighborhoods that are sensitive to discharges of dust for health reasons and noise as a quality of life conflict. Concern about these issues are found in submittals from neighboring residents and elaboration of these issues are found in testimony provided by SCRO experts. See the following: Exhibits 1 – 8Exhibits 10, 12, 14, 15, 21, 22, 25, 27, 33, 38, 39, 41, and 42. ; and Exhibit C to this Ordinance (PA 1238) contains the conditions proposed by the applicant to minimize identified conflicts. Both Planning Commissions found there were conflicts with dust, noise, groundwater, wetlands and sensitive habitat, and agriculture. The Lane County Planning Commission additionally identified a conflict with flooding. The analysis of the impact area and proposed minimization conditions were considered in joint deliberations and votes taken for each conflict, see discussion starting on page 12 of this memo. Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 9 of 23