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

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an aggregate site is not significant if the criteria in either paragraphs (A) or (B) of this subsection apply: (B) More than 35 percent of the proposed mining area consists of soil classified as Class II, or of a combination of Class II and Class I or Unique soil on NRCS maps available on the date of this rule, unless the average width of the aggregate layer within the mining area exceeds: (i) 60 feet in Washington, Multnomah, Marion, Columbia, and Lane counties; In its report, EGR estimated that the average width of the aggregate layer within the expansion area is 70.5 feet. The 1997 Lane County Soil Ratings for Forestry and Agriculture, which are based upon U.S. Department of Agriculture Natural Resources Conservation Service data and methodology, map the soils covering the expansion area as predominantly Class II soils (Newberg fine sandy loam, Newberg loam, Chehalis silty clay loam, Newberg urban land complex and Camas gravelly sandy loam). While more than 35% of the expansion area is covered in Class II soils, the average width of the aggregate layer within the expansion area is estimated by EGR to be 70.5 feet, with a maximum overburden width of 4 feet, which exceeds the 60-foot requirement of OAR 660-023-0180(3)(d)(B)(i). Accordingly, we find that the expansion area contains a quantity of aggregate material sufficient to meet the requirements of the administrative rule. We Find That The Criteria for Allowing Mining of the Site are Satisfied. OAR 660-023-0180(4): (a) The local government shall determine an impact area for the purpose of identifying conflicts with proposed mining and processing activities. The impact area shall be large enough to include uses listed in subsection (b) of this section and shall be limited to 1,500 feet from the boundaries of the mining area, except where factual information indicates significant potential conflicts beyond this distance. For a proposed expansion of an existing aggregate site, the impact area shall be measured from the perimeter of the proposed expansion area rather than the boundaries of the existing aggregate site and shall not include the existing aggregate site. The term “mining area” as used above is defined at OAR 660-023-0180(1)(g) as: “the area of a Site within which mining is permitted or proposed, excluding undisturbed buffer areas or areas on a parcel where mining is not authorized.” The Goal 5 Rule defines “mining” as: “the extraction and processing of mineral or aggregate resources, in the manner provided under ORS 215.298(3).” OAR 660-023-0180(1)(h). Page 10 – FINDINGS OF FACT