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

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how the completion of the low permeability barrier would affect the flow of water was a factor in the Planning Commissioner recommendation. The Lane County Planning Commission voted 5-1 that there was a conflict due to flooding, and they voted 4-2 that the conflict cannot be minimized to meet the FEMA standard. The Eugene Planning Commission voted 3-2 that there was not a conflict due to flooding. WETLANDS CONFLICTS Wetland protection criteria is generally addressed by Division of State Lands (DSL) Fill/Removal Permit Requirements of OAR 141-85. Conflicts are likely to be minimized by demonstrating conformance with DSL requirements. The abandoned quarry pit and the East Santa Clara Waterway (Site E-57) are on the DSL & Local Goal 5 Inventories. Minimization of conflicts – Wetlands -- There are setbacks required for mining operations under Lane Code 16.217. Completion of the low permeability barrier on the west/northwest boundary of the site that would parallel Site E57, was considered by both planning commissions to be an un-analyzed potential impact that should be addressed. The analysis provided by the applicant did not include consideration of the aquaclude impacts. Mining setbacks are greater than natural resource protection setbacks contemplated for Goal 5 resources. Both Planning Commissions found that there is a conflict to wetlands. Lane County voted 4-2, and Eugene voted 3-2. The Lane County Planning Commission voted 2-4 that impacts to wetlands could not be minimized. The Eugene Planning Commission voted unanimously that any conflict with wetlands could be minimized. GROUNDWATER CONFLICTS Conflicts regarding groundwater are not addressed by any local, state or federal standards. When developing a program to allow mining, coordination occurs between DOGAMI as part of the inter- jurisdictional review in concurrence with the Oregon Water Resources Department. The monitoring plan requires DOGAMI approval. The applicant proposes to minimize the conflict with neighboring wells by completing a below grade low permeability barrier (aquaclude) along the edge of the expansion area to impeded the flow of groundwater into the pit that would be created by excavation of the site. There was considerable testimony from neighboring residents during the planning commission hearing regarding the aquaclude. The neighborhood residents expressed concern with the lack of analysis of dust and noise impacts from activities conducted to complete the aquaclude, primarily because the aquaclude’s proposed location will be closer to their homes than an expanded mining operation. The applicant asserts that the building of the aquaclude is not mining, therefore, it is not subject to analysis, and is not included in determining the impacts under analysis conducted by the applicant, such as digging out the overburden, and the slope ratio of the walls of the aquaclude. The aquaclude is proposed for construction within the 150’ setback to reduce groundwater flow from the surrounding land. Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 14 of 23