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

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Mr. Carmichael called for a 10 minute break. Arthur Noxon, 3690 County Farm Road, spoke as a state licensed acoustic engineer. He said he had worked in the community and held a masters degree in physics and mechanical engineering. He said he had helped put in many rock quarries in neighborhood areas. He submitted,a 30 page report into the record. He said the DSA noise impact study done by the applicant had missed several sections of the Code established by the Department of Environmental Quality. He cited impulse noise and tonal noise as examples of noise types that were not mentioned in the applicant's report. He added that there was a fatal flaw in the applicant's report in that there was no mention of how those noise types would be mitigated. He added that all truck traffic off site should be accounted for. He said the applicant's report had mentioned the matter in one sentence. He noted that the applicant had stated that trucks would leave on Division and return via Hunsaker Lane. He said he had been unaware of that process and speculated that there were other gates entering the Delta site that had not been mentioned. He raised concern over 'giant dump trucks weaving their way through winding rural roads.' He remarked that Delta was not considering the truck noise generated by vehicles returning to the Delta site. He said truck noise was part of the DEQ regulations that protected the community from noise impacts. He said the report from Delta showed an unacceptable level of work. Mr. Noxon said the noise impact boundary zone survey done by the applicant had not taken the new development in Silver Meadows into account. He said noise from the rock crusher was used for the report data 'and not total ambient noise levels. In response to a question from Mr. Zdzienicki regarding whether he had made on site measurements., Mr. Noxon said he had not made measurements on site. In response to a question from Ms. Colbath regarding whether there would be construction noise on the site, Mr. Noxon said that information was in his written material submitted into the record. Mark Reed, 719 East Beacon Drive, spoke as a geologist on his own behalf. He submitted written material into the record. He said he was addressing the issue of deposit significance under the Goal 5 rule for sand and gravel. He sai4 the gravel resource in the proposed expansion area failed to meet the significant resource standard of the Goal 5 rule concerning aggregate. He said the samples failed because the four samples tested by the applicant were not a representative set as required under the Goal 5 rule and therefore the applicant had not met the burden of proof that the resource met the Oregon Department of Transportation requirements for quality. He said an additional problem was that one of Delta's bore hole log descriptions fell short of providing adequate information to demonstrate whether the deposit contained sufficient thickness of sand and gravel. He said the significance test, under the Goal 5 rule, was there to determine whether there was sufficient thickness of gravel to justify 'destruction' of farmland. He said the significance test was completely unrelated to whether the deposit could be mined profitably and was simply a question of whether legal requirements had been met. Regarding significance criteria, Mr. Reed said the key issue was representative sampling. He said the fundamental failing of the Delta samples was that they violated established protocol for representative sampling because shallow grade rock had been mixed with poor quality rock from deeper in the deposit. He said the deeper rock could fail the standard but, actually, that could not be established because the sample mixed that deeper rock with high quality rock. He used a loose analogy about the average age of ,10.0 people in a room and whether .they could all be served alcohol. He said the answer was no because fifty eight of the people could be two years old and forty two of the people could be forty eight years old which would result in an average age of 21. He said the analogy fit the example of the samples submitted into the record from Delta. He said sampling standards required that geologic MINUTES~Lane County Planning Commission, Eugene Planning Commission January 17, 2006 . 14