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

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necessary to assure compliance with these requirements and shall not provide opportunities to deny mining for reasons unrelated to these requirements, or to attach additional approval requirements, except with regard to mining or processing activities: (A) For which the PAPA application does not provide information sufficient to determine clear and objective measures to resolve identified conflicts; The Planning Commissions did not feel there was sufficient information regarding the location or functionality of the aquaclude to convince the majority that the conflicts due to dust (plus wetlands, flooding, and groundwater for the Lane County Planning Commission) were minimized. (B) Not requested in the PAPA application; or (C) For which a significant change to the type, location, or duration of the activity shown on the PAPA application is proposed by the operator. If the application is approved, Staff recommends that any minimization measures to reduce or eliminate conflicts are compiled into a set of clear and objective conditions applicable to the Plan and implementing regulations adopted to allow mining of the expansion area. (f) Where mining is allowed, the local government shall determine the post-mining use and provide for this use in the comprehensive plan and land use regulations. For significant aggregate sites on Class I, II and Unique farmland, local governments shall adopt plan and land use regulations to limit post- mining use to farm uses under ORS 215.203, uses listed under ORS 215.213(1) or 215.283(1), and fish and wildlife habitat uses, including wetland mitigation banking. Local governments shall coordinate with DOGAMI regarding the regulation and reclamation of mineral and aggregate sites, except where exempt under ORS 517.780. The applicant would amend the existing Operating and Reclamation Plan to include the expansion area. The existing reclamation plan for the adjacent mining and processing site is included in the File Record No. 17. record, see DOGAMI provides an update to Delta’s Operating Permit Exhibit 49 Amendment Application in that addresses the addition of the Expansion Area to the existing Plan upon approval. The conditions in Exhibit C to the Ordinance will be required to be included in an updated Operating and Reclamation Plan that includes the expansion area. (g) Local governments shall allow a currently approved aggregate processing operation at an existing site to process material from a new or expansion site without requiring a reauthorization of the existing processing operation unless limits on such processing were established at the time it was approved by the local government. This provision permits the material excavated from the subject property to be transported to the adjacent existing Delta processing facility without further review of the existing processing operation. C. Alternatives/Options 1. Hold the record open for the submittal of additional information from parties in this matter. The Board and Council will hear a considerable amount of testimony on this application during the November 1st hearing. Presumably, the applicant or other parties will request the record to be held open for the submittal of additional information to respond to new evidence presented at the hearings. The following timeframes should be decided upon if this option is chosen. Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 21 of 23