Ordinance No. 20413 - Laserfiche WebLink

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site meets allY one of the criteria in subsections (a) through (c) of this section, except as provided in subsection (d) of this section: Above, the City finds that the applicant provided adequate information for evaluating the significance of the resource. Based on these findings, the Council determines that the applicant has not met its burden of proof to establish that the aggregate resource meets the "significance" requirements of OAR 660- 023-0180(3) regarding quantity and quality of the aggregate resource. The Council evaluated the aggregate resource in accordance with OAR 660-023-0180(3), the pertinent parts of which follow: (3) An aggregate resource site shall be considered significant if adequate information regarding the quantity, quality, and location of the resource demonstrates that the site meets anyone of the criteria in subsections (a) through (c) of this section, except as provided in subsection (d) of this section: (a) A representative set of samples of aggregate material in the deposit on the site meets applicable Oregon Department of Transportation (ODOT) specifications for base rock for air degradation, abrasion, and soundness, and the estimated amount of material is more than 2,000,000 tons in the Willamette Valley, or more than 500,000 tons outside the Willamette Valley; (b) *** (c) *** (d) Notwithstanding subsections (a) and (b) of this section, except for an expansion area of an existing site if the operator of the existing site on March 1, 1996, had an enforceable property interest in the expansion area on that date, an aggregate site is not significant if the criteria in either paragraphs (A) or (B) of this subsection apply: (A) More than 35 percent of the proposed mining area consists of soil classified as Class I on Natural Resource and Conservation Service (NRCS) maps on June 11,2004; or (B) More than 35 percent of the proposed mining area consists of soil classified as Class II, or of a combination of Class II and Class I or Unique soil, on NRCS maps available on June 11, 2004, unless the average thickness of the aggregate layer within the mining area exceeds: 3. 60 feet in Washington, Multnomah, Marion, Columbia, and Lane counties; (a) A representative set of samples of aggregate material in the deposit on the site meets applicable Oregon Department of Transportation (ODOT) specifications for base rock for air degradation, abrasion, and soundness, and the estimated amount ofmaterial is more than 2,000,000 tons in the Willamette Valley, or more than 500,000 tons outside the Willamette Valley; The applicant submitted evidence and argument to address compliance with OAR 660-023-0180 (3), subsections (a) and (d)(B). These findings evaluate the sufficiency of that evidence and argument. The record contains expert geologic testimony on both sides of these issues. The applicant's analysis was provided by EGR and Associates (EGR). State rules for testing refer to the American Society for Testing and Materials (ASTM) and American Association of State Highway and Transportation Officials (AASHTO) manuals. The AASHTO-ASTM Standard Exhibit A to Ordinance 20413 - 8