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The mining of the expansion area will be performed in a planned sequence that will put all ground <br />water and rain water flowing by gravity across the open 300 acre pit to the pumps located at the <br />Exhibit 49 <br />excavated pond near the Willamette River that remove the water flowing into the pit. See <br />for detailed explanation of the proposed sequence to mine the expansion area. <br /> <br /> Minimization of conflicts – Groundwater -- Addressed by Condition # 22 in Exhibit C, to complete a <br />low permeability barrier along the outer perimeter edge of the expanded mining area to the depth of the <br />older cemented alluvium to prevent seepage into the pit. <br /> <br /> Both Planning Commissions found unanimously that there was a conflict due to groundwater. <br />The low permeability barrier (aquaclude) is proposed as mitigation, and the applicant should <br />map the specific proposed location for the low-permeability barrier. <br /> <br /> The Lane County Planning Commission voted 4-2 that the aquaclude would not minimize the <br />conflict with groundwater to an adequate level. <br /> <br />The Eugene Planning Commission found unanimously that the aquaclude would minimize <br /> <br />conflicts with groundwater to an adequate level. <br /> <br /> <br />AGRICULTURAL CONFLICTS – minimization of conflicts with agricultural practices must be reviewed <br />under the provisions of ORS 215.296(1) to determine that the use will not: <br />(a) force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or <br />forest use; or <br />(b) significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to <br />farm or forest use. <br /> The subject property is currently being farmed, which is an appropriate interim use for future gravel <br />Exhibit 24 <br />resource land. See from Dewey Hofer, who is farming the expansion area under lease <br />. Exhibits 16, 18 and 40 <br />agreement with the owners, from Full Circle Community Farm, provide <br />another viewpoint of potential impacts to their existing operating family farm. Their farm is about a <br />mile away in the River Road/Santa Clara area, outside the 1500’impact area identified for this PAPA. <br />Expert general testimony regarding agricultural practices and conflicts with dust is provided by Ross <br />Exhibit 33f. <br />Penhallegon, OSU Extension Agent for the southern Willamette Valley in <br /> <br />Both Planning Commissions found that there was conflict to agricultural practices within the <br /> <br />impact area. The Lane County vote was 4-2 and Eugene vote was 3-2. <br /> <br /> The Eugene Planning Commissions voted unanimously that the conflicts with agricultural <br />practices could be minimized to a level that does not force a significant change in accepted farm <br />use nor increase the cost to conduct farming significantly. <br /> <br /> The Lane County Planning Commission voted 4-2 that the conflicts with agricultural practices <br />could NOT be minimized to a level that does not force a significant change in accepted farm use <br />nor increase the cost to conduct farming significantly. <br /> <br /> <br />STEP 4:WEIGH ESEE ANALYSIS <br /> <br />OAR660-023-180(5)(d): The local government shall determine any significant conflicts identified under <br />the requirements of subsection (c) of this section that cannot be minimized. Based on these conflicts <br />only, local government shall determine the ESEE consequences of either allowing, limiting, or not <br />Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion <br />Agenda Cover Memo <br />Page 15 of 23 <br /> <br />