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

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(a) “Aggregate resources” are naturally occurring concentrations of stone, rock, sand and gravel, decomposed granite, limestone, pumice, cinders, and other naturally occurring solid materials commonly used in road building or other construction. (b) “Conflicting use” is a use or activity that is subject to land use regulations and that would interfere with, or be adversely affected by, mining or processing activities at a significant mineral or aggregate resource site as specified in subsection (5) (b) and section (7) of this rule. (c) “Expansion Area” is an aggregate mining area contiguous to an existing site. (d) “Farmland” means land planned and zoned for exclusive farm use pursuant to Goal 3 and OAR chapter 660, division 033. (e) “Mining” is the extraction and processing of mineral or aggregate resources, as defined in ORS 215.298(3) for farmland, and in ORS 517.750 for land other than farmland. ORS 215.298 (3) Mining in exclusive farm use zone; land use permit. For purposes of ORS 215.213(2) and ORS 215.283 (2) and this section, “mining” includes all or any part of the process of mining by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method including open-pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits except those constructed for use as access roads. “Mining” does not include excavations of sand, gravel, clay, rock or other similar materials conducted by a landowner or tenant on the landowner or tenants’ property for the primary purpose of reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming, or cemetery operations, on-site road construction or other on-site construction or on surface impacts of underground mines (f) “Minimize a conflict” means to reduce an identified conflict to a level that is no longer significant. For those types of conflicts addressed by local, state or federal standards (such as the Department of Environmental Quality standards for noise and dust levels), to “minimize a conflict” means to ensure conformance to the applicable standard. (g) “Mining area” is 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. (h) “Protect” means to adopt land use regulations for a significant mineral or aggregate site in order to authorize mining of the site. For purposes of subsection (2)(d) of this rule, “protect” also means to limit or prohibit new conflicting uses within the impact area of the site and to limit or prohibit new conflicting uses within the impact area of the site. (i) “Thickness of the aggregate layer” means the depth of the water-lain deposit of sand, stones, and pebbles of sand-sized fraction or larger, minus the depth of the topsoil and nonaggregate overburden. Acronyms: AASHTO – American Association of State Highway and Transportation Officials ASTM – American Society for Testing and Materials ESEE – Environmental, Social, Economic and Energy (a type of analysis) LRAPA – Lane Regional Air Protection Authority PAPA – Post Acknowledgement Plan Amendment SCRO – Santa Clara Residents Organization B. Background On August 11, 2005, an application was received to amend the Metro Plan Goal 5 Inventory of Significant Mineral and Aggregate Sites to include the subject property and designate it in the Metro Plan for mining. The application is a “Post-Acknowledgement Plan Amendment” (PAPA) for gravel extraction. Statewide Planning Goal 5 was amended on June 14, 1996, and became effective September 1, 1996. Oregon Administrative Rule 660, Division 23 was also amended in 1996, and was Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 3 of 23