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

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These minimums would apply within the setback if the variance is granted. (bb) The Director may grant an administrative variance to waive the setback from adjoining property in a Sand, Gravel and Rock Products Zone, if no flood hazard will result. (cc) The setback area may be excavated to reduce the elevation thereof to the grade of an adjoining public street or road. (dd) Excavation may be conducted within the setback area under a plan approved by the Director through an administrative variance whereby the excavated area will be refilled with other materials which will neither decompose nor pollute underground waters. The applicant proposes to construct the low permeability barrier within the setback, proceeding ahead of the mining extraction to the west, at a distance of 400 feet ahead of any excavation activity. The barrier is proposed to be at least 12 feet wide at the bottom (top of the cemented alluvial layer that stops the downward flow of water) and slope upward through the upper aquifer at a slope ratio that can vary from 1:5 to 2:1 to the original ground surface. The request for placement within the setback area to is to insure its separation from the excavated aggregate pit and to place the barrier’s outer edge as close as possible to the surrounding off-site shallow aquifer. The barrier will be created by replacing excavated material with low permeability clay soil excavated from another area of Delta property. Clay soil will not decompose nor pollute underground water. Other clean impermeable material may be used in the aquaclude, and clay may be brought from outside the property from other jobs for use in the aquaclude. (ee) When excavation is completed adjoining a setback, the setback area shall be smoothed, all excavation debris removed, and all trees which are in an unsafe condition removed. However, such setback areas may be used for permitted uses under LC16.217(3)(b) and (c) above. The Reclamation Plan would include this requirement. LC 16.217 (7) (b) Variances. Variances to dimensional standards such as setbacks and slope ratios within this zone are subject to approval by the Director pursuant to LC 14.100 and must conform to the following criteria: (i) The variance is not in conflict with the general purpose and intent of the zone. (ii) There are exceptional or extraordinary circumstances applicable to the property involved. (iii) The denial of the request would result in undue and unreasonable property loss to the applicant. (iv) The variance will not be detrimental to the public welfare or convenience, nor injurious to the property or improvements of other owners of other property. Gravel extraction is not ordinarily conducted in close proximity to urban populated areas. The expansion area site is an extension of the existing Delta site, and without a variance to the setback requirements, some property available for mining would be lost. The detriment to public welfare as indicated in the neighborhood testimony in the record is considerable. STEP 7: PROGRAM TO ALLOW MINING OAR 660-023-180(5)(e): Where mining is allowed, the plan and implementing ordinances shall be amended to allow such mining. Any required measures to minimize conflicts, including special conditions and procedures regulating mining, shall be clear and objective. Additional land use review (e.g., site plan review), if required by the local government, shall not exceed the minimum review Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 20 of 23