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

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units that were separate from each other be sampled separately. He said there were at least two geologic units in the area. He said the established methods for sampling were well known to geologists and had been established by the American Society for Testing and Materials. He added thatthe Army Corps of Engineers had established requirements for gravel sampling. He said one of the key features of those standards was that the importance of obtaining representative standards cannot be emphasized too strongly since failure to do so could provide misleading and inaccurate information even if the tests were completed properly. He noted that if visual inspection indicated that there was considerable variation in the material then separate samples from different depths should be obtained. Mr. Reed accused EGR & Associates of intentionally mixing the samples in defiance of the standards thereby improving the apparent quality of the rock. He added. that Bore Hole Log NUmber Three contained errors in the content and geologic description andtherefore did not meet the adequate information standards. In response to a question from Ms. Arkin regarding a statement fr.om Ralph.Christensen that the appropriate test was to compile a composite sample, Mr. Reed said ASTM did. say something to that effect but added that the composite needed to be a representative sample of the face. He said this would be representative of what was being produced from the pit as opposed to the standard requiring separate samples from distinguishable layers. He reiterated his contention that the samples were distinguishable and needed to be sampled separately. In response to a question from Mr. Belcher regarding the standards that he had mentioned the quarry should be following and whether they were required by DOGAMI, Mr. Reed said the Goal Five rule called for 'a representative set' and did not provide a reference for what would be called a representative set. He said the standards he had mentioned were industry standards that defmed a representative set and acknowledged that there was no explicit legal link to those standards in the law. Doug DuPriest, Attorney representing Joel and Theresa Narva, said the Narva's owned property close to the proposed expansion site and had serious reservations and concerns over the impacts of the application. He said the application understated the impacts on nearby properties and neighbors as well a~ proper measures to mitigate those impacts. He said the Narva's were particularly concerned about noise. He submitted written testimony from Mr. Noxon. He said the DSA report did not define the difference between administrative mitigation and structural mitigation. He said there are administrative mitigation procedures that people should comply with. He said DEQ had stated that administrative mitigation was an interim measure and not a permanent measure. He said the applicant did not provide any structural mitigation measures. He said Delta had failed tQ combine excavation loading and haul truck noise into one noise source or event which would result in a rating of over 50 percent and different standards would apply. He said Delta created statistical noise levels from interviews and not measurements and underestimated excavator' noise by eight decibels. He said the applicant's noise predictions fell 16 decibels short of reality and added that the data used to develop the statistics was not fully disclosed. He added . that the applicant had used federal standards for dump truck noise because they allowed a higher level of noi~e than the Oregon State standards. Regarding the statement from the applicant that there would be no increased production on site, Mr. DuPriest said if the market supported increased production then there could be impacts on the neighbors as a result. He said a critical point was that if the level of production was maintained at its current levels, the change in location of activities relative to neighbors could cause additional impacts. He said Delta was trying to skip over or short circuit the process of analysis of the consequences of what they were proposing. MINUTES-Lane County Planning. Commission Eugene Planning Commission January 17, .2006 15