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

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Elaboration of wetland issues are found in the following submittals: Exhibit 1 – Digital Model of Existing Excavation Site and New Expansion area, by EGR & Associates, Inc. in the original application. Exhibit 13 – letter from Bromley Newton LLP Exhibit 16 – letter from Kate Perle Exhibit 21 – letter from Greg & Renee See Exhibit 23 – Letter from Hutchinson, Cox, Coons, DuPriest, Orr, & Sherlock, P.C. Exhibit 33 – Natural Resources/Wetlands Report by Ethan Perkins Ph D. Exhibit 57 – rebuttal from EGR & Associates to Dr. Perkins Exhibit 65 – rebuttal to EGR from DuPriest (E) Conflicts with agricultural practices; and Agricultural practice occurs on the site, in the impact area and beyond. Testimony from actual neighboring farmers/gardeners is mixed, with some statements of no negative impact. Much of the testimony provided by the agricultural experts is general in nature, identifying potential impacts to crops grown for commercial purposes that are not found within the 1500’ impact area. Elaboration of the issues are found in the following submittals: Exhibits 16 & 33i -- letter and memo from Kate Perle Exhibits 18 & 33j – letter and memo from Kevin Jones Exhibit 19 – letter from Mark Reed Exhibit 20 – letter from Karen Lawrence Exhibit 18 – Letter from Karen Reed Exhibit 24 – memo from Dewey Hofer Exhibit 33f – Report from Ross Penhallegon, OSU Extension Service Exhibit 34 – Farmland Protection flier, 1000 Friends of Oregon Exhibit 35 – memo from Michael Mishka Sloan. Exhibit 36 – Hydrology-Geology report by Malia Kupilas Exhibit 40 – Cost Estimate for Changes in Ag. Practices at Full Circle Community Farm Both Planning Commissions found the conflicts with agricultural impacts did not extend beyond the 1500 ft. impact area. (F) Other conflicts for which consideration is necessary in order to carry out ordinances that supersede Oregon Department of Geology and Mineral Industries (DOGAMI) regulations pursuant to ORS 517.780; No other conflicts that supersede DOGAMI regulations have been identified. (c) The local government shall determine reasonable and practicable measures that would minimize the conflicts identified under subsection (b) of this section. To determine whether proposed measures would minimize conflicts to agricultural practices, the requirements of ORS 215.296 shall be followed rather than the requirements of this section. If reasonable and practicable measures are identified to minimize all identified conflicts, mining shall be allowed at the site and subsection (d) of this section is not applicable. If identified conflicts cannot be minimized, subsection (d) of this section applies. OAR 660-023-180(5)(g) defines “Minimize a conflict”: to reduce an identified conflict to a level that is no longer significant. For those types of conflicts addressed by local, state or federal standards (such as the Department of Environmental Quality standards for noise and dust levels) to “minimize a conflict” means to ensure conformance to the applicable standards.” This means that any conflicts identified above in subsections (A) through (D) are minimized if the applicant brings the conflict into conformance with an applicable local, state, or federal standard. A Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 11 of 23