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

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layer width exceeding 60 feet in Lane County. OAR 660-023-0180(4)(b)(E) specifically requires that conflicts with agricultural practices be addressed in a PAPA application. The potential of such conflicts has been addressed in the sections pertaining to the Goal 5 rule. We find that approval of the application will be consistent with the purpose and intent of Goal 3. Goal 4 - Forest Lands. To preserve forest lands for forest use. We find that Goal 4 is not applicable to this application. There has previously been a legislative determination by the metropolitan jurisdictions, as embodied in the acknowledged Metro Plan, that the subject property is not forest land. This determination is validated by the fact that are no forest resources existing on the subject property or on any surrounding land and there are no areas within the subject property that fall within the definition of forest land. Also, the soils of the subject property (Chehalis silty clay loam, Newberg loam, Newberg fine sandy loam, Newberg urban land complex and Camas gravelly sandy loam) have no designated Douglas Fir site index according to Lane County’s 1997 Soil Ratings for Forestry and Agriculture. Goal 5 - Open Space, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. There has previously been a legislative determination by the metro jurisdictions that no Goal 5 resources exist on subject site except wetlands, which are addressed in these findings. The subject property has not been included in any inventory of needed open space or scenic areas defined by Goal 5, nor has it been identified in the Metro Plan as having any historic, cultural or natural resources which need to be preserved and/or protected. Therefore, we find that approval of the proposed amendments will not result in any conflict with any Goal 5 resources. With respect to wetlands, EGR, in its Evaluation of Aggregate Resources attached to the application, determined that there is a wetland located within the meander scar along the northwest boundary of the subject property That wetland does not extend beyond the eastern bank of the meander scar and lies within the required 150’ mining setback from the property boundary. Avoidance of wetlands in areas not covered by existing DOGAMI Mining Permits will be accomplished by limiting mining operations to areas outside the applicable setbacks from the expansion property boundary. All wetland area within the 150’ setback shall be exempted from the administrative variance and the construction of the aquaclude shall occur outside of the wetland area. Two excavated ponds are located in the southern portion of the site, which were previously used in aggregate extraction and are currently covered by DOGAMI permits, and thus exempt from wetland regulation. The Goal 5 Administrative Rule for mineral and aggregate resources specifically addresses other Goal 5 resources and limits considerations of conflict to “Goal 5 Resource Sites” that have been identified in the Metro Plan. We find that, within that rule framework that limits considerations regarding Goal 5 resources to identified sites, no conflicts with Goal 5 resources have been identified. Goal 6 - Air, Water and Land Resources Quality. To maintain and improve the quality of the air, water and land resources of the state. Page 23 – FINDINGS OF FACT