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

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The definition of “mining area” restricts the review of impacts to 1,500 feet from the boundary of the area where mining is proposed to occur, unless factual information indicates that a significant potential conflict from mining could occur with existing and approved uses beyond that distance. We find that no credible factual information existing in the record to indicate or demonstrate that analysis of a larger impact area is required for the proposed mining activity. The applicant has analyzed all potential conflicts with mining of aggregate material on the expansion area within an impact area extending 1,500 feet from the perimeter of the proposed expansion area. The land uses of that impact area and the potential conflicts, with identified mitigation measures, are discussed in the following sections. (b) The local government shall determine existing or approved land uses within the impact area that will be adversely affected by proposed mining operations and shall specify the predicted conflicts. For purposes of this section, "approved land uses" are dwellings allowed by a residential zone on existing platted lots and other uses for which conditional or final approvals have been granted by the local government. For determination of conflicts from proposed mining of a significant aggregate site, the local government shall limit its consideration to the following: (A) Conflicts due to noise, dust, or other discharges with regard to those existing and approved uses and associated activities (e.g., houses and schools) that are sensitive to such discharges; We find that land uses on land surrounding the proposed expansion area, and within the impact area, consist of residential, agricultural and industrial uses. Residences are located south, west and north of the proposed expansion area. The nearest residence is located approximately 90 feet north of the boundary of the proposed expansion area. A single agricultural field containing nursery tree stock is located within the impact area, northeast of the proposed expansion area. The existing Delta Sand and Gravel Company facility is located directly east of the proposed expansion area and the Eugene Sand and Gravel facility is located further east across the Willamette River from the Delta Sand and Gravel Company property. The applicant has identified the potential conflicts from the proposed mining of the subject property due to noise, dust and other discharges associated with mining and processing activities in the proposed expansion area. Those conflicts are as follows: Noise The applicant retained Daly-Standlee, Oregon registered engineers, to prepare a noise study for the proposed expansion area. That study, titled “Report On Noise Study for Delta Sand & Gravel New Mining Area”, dated June 14, 2005, is attached to the application. The report concludes that certain areas within the impact area could be subjected to mining activity noise above the limit allowed by the Oregon Department of Environmental Quality (DEQ) for a “new noise source” on a “previously unused site.” Dust and Engine Emissions The applicant retained Bridgewater to prepare an evaluation of air quality issues associated with the proposed expansion area. That evaluation, titled “Air Quality Evaluation”, dated June 1, 2005, is attached to the application. The evaluation concludes that aggregate Page 11 – FINDINGS OF FACT