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<br />Practice for Sampling Aggregates language describes the sampling protocol for roadside or bank
<br />run sand and gravel deposits under Appendix D75, section X2.3.2.
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<br />The applicant's analysis was reviewed by Mark H. Reed, Ph.D., Mineral Resource Geologist and
<br />Department Head of the Department of Geological Sciences, University of Oregon, who
<br />provided testimony to the contrary. Dr. Reed received his Masters of Science degree (1974) and
<br />doctorate degree (1977) from the University of California at Berkeley. In addition to 23 years as
<br />an Assistant and Associate professor at the University, his postgraduate employment includes
<br />three years (1977-1979) as a full time geologist for the Anaconda Copper Company, Butte
<br />Montana. His experiences with the mining company included drilling, sampling, surveying,
<br />assaying, and geophysical logging. Dr. Reed has a long list of professional affiliations, short
<br />courses, publications, and abstracts, and has provided written testimony in over 15 cases. The
<br />Eugene City Council finds Dr. Reed to be a credible witness.
<br />
<br />The report of applicant's geologic consultant EGR (Exhibit 1, Original Delta application,
<br />including Exhibit E from EGR: Evaluation of Aggregate Resources: Delta Sand and Gravel
<br />Expansion Area, Section 2.3), states that more than 35% of the proposed mining area consists of
<br />Class II soils. The Council agrees with the specific part ofEGR's report that characterizes the
<br />type of agricultural soils present on the proposed site. The Council hereby finds that more than
<br />35% of the proposed mining area consists of Class II soils. Thus, the requirement of OAR 660-
<br />023-0180(3)(d)(B)(i) applies to this application and requires that the average thickness of the
<br />aggregate layer exceed 60 feet.
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<br />As is explained in more detail below, the Council finds that the applicant has failed to meet its
<br />burden of establishing that there is an aggregate layer with an average thickness of 60 feet that is
<br />comprised of aggregate meeting the applicable Oregon Department of Transportation (ODOT)
<br />specifications for base rock.
<br />
<br />The Council also finds that EGR's Exhibit 1, Original Delta application, including Exhibit E
<br />from EGR: Evaluation of Aggregate Resources: Delta Sand and Gravel Expansion Area (e.g. p.
<br />5- 8 and 11-13, Figures 7, 8, and 9), Appendix E well logs and table, and related materials,
<br />establish that there are two contiguous, but distinct, layers of sand and gravel, in the expansion
<br />area. These layers consist of an upper layer ("younger alluvium") and a lower layer ("older
<br />alluvium"). Based on that information, however, we also find that neither of these individual
<br />layers is 60 feet thick.
<br />
<br />For the reasons stated herein, the Council finds that the applicant has failed to provide a
<br />"representative set of samples of aggregate material in the deposit" sufficient to delnonstrate the
<br />quality of the aggregate for either layer. Instead, the applicant's information as to aggregate
<br />quality is based on the use of mixed samples that combine materials from the two distinct
<br />geologic layers before testing the quality of the aggregate. This mixing of aggregate from distinct
<br />layers before testing makes it impossible for the Council to determine that there is a layer of
<br />aggregate of the required quality, and of sufficient thickness, sufficient to satisfy the rule.
<br />
<br />The conclusion that the aggregate samples described by EGR (Exhibit 1, Original Delta
<br />application, including Exhibit E from EGR: Evaluation of Aggregate Resources: Delta Sand and
<br />Gravel Expansion Area; and Exhibit 55 - EGR & Associates Inc. rebuttal to M. Reed & M. Kupilas
<br />regarding significance of the resource, including original samples and re-sampling of boreholes),
<br />and relied upon by the applicant, do not constitute the "representative set of samples of aggregate
<br />material on the site", as required by subsection (3)(a) of the rule, is based, in part, on the
<br />definitions and principles of representative sampling of sand and gravel and other aggregate
<br />
<br />Exhibit A to Ordinance 20413 - 9
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