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

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separate standard (ORS 215.296) applies to the minimization of conflicts with agricultural practices. Many of the minimization techniques rely upon excavation to occur in specific phases, to specific levels and to proceed when the existing operation has exhausted the existing supply of aggregate. The Planning Commissions considered each conflict’s extent of impact and the proposed minimization conditions, separately voting on each conflict under Step 3 of the Goal 5 analysis. Ordinance No. PA 1238 Exhibit C provides the conditions proposed for inclusion in the plan to allow mining to ensure conformance with applicable local, state, or federal standards. NOISE CONFLICTS Noise has been identified as a discharge from the proposed mining area that conflicts with nearby residential uses. The noise producing components are haul trucks, dump trucks, and the excavator and front end loader that extract the gravel and transfer it into trucks that move the material to the existing processing facility. The entire expansion area is subject to the noise threshold requirements. Daly- Standlee & Associates, Inc. (DSA) analyzed the future noise impacts inclusive of the ambient noise from the existing adjacent processing operation owned by the applicant. The applicants noise study was amended in response to public concerns raised at the Planning Commission hearing that some additional residential development had occurred in the impact area that was not included in the original analysis. DSA updated the noise impact analysis, and determined that without mitigation, DEQ noise standards would be exceeded at the residences on site owned by the applicant, and approved uses within the noise limit boundary could also be affected, but the proposed minimization for the zones adequately reduces the conflict to acceptable levels. The revised analysis and zone of impact map is in Exhibit 49 . Exhibits and reports by Arthur Noxon, SCRO affiliated Acoustical Engineer raises issues with the Exhibit 61 study methodology performed by DSA. Dick Ruth, in , responds to the technical aspects of the opposing arguments regarding the methodology used by DSA. Minimization of Noise Conflicts -- Addressed by DEQ Noise Regulations of OAR 340-35-035. The analysis used the more restrictive DEQ standards for new sources in both the allowable statistical noise limits category and ambient degradation limit category. Historically, DEQ did not require this level of compliance for the extension of quarries into contiguous areas. The applicant proposes the predicted noise can be reduced by the alternate mining procedures shown on PA 1238 Exhibit C #1 - #12 to levels that would conform to the applicable DEQ standards by the development of lifts in stages, limiting the use of noise producing equipment, and limiting the hours of operation. Both Planning Commissions found unanimously that there is a conflict due to noise. They both voted the noise conflict could be minimized to a level that meets the state DEQ standard. T he Lane County Planning Commission vote was 3-2, with 1 abstention, and the Eugene Planning Commission vote was 3-2. DUST CONFLICTS Dust is identified as a discharge from the proposed expansion area that conflicts with nearby residents and negatively impacts farming activities. The applicants dust study, Air Quality Evaluation (Exhibit G in the Application) contains details regarding the dust impacts to be expected from the operation. Dust conflicts come from overburden removal, aggregate extraction, and truck traffic on haul roads from the expansion area to the processing plant on the existing approved operation. Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 12 of 23