Ordinance No. 20413 - Laserfiche WebLink

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The applicant has identified the potential conflicts from the proposed mining of the subj ect property due to noise, dust and other discharges associated with mining and processing activities in the proposed expansion area. Those conflicts are as follows: Noise: The applicant retained Daly-Standlee, Oregon registered engineers, to prepare a noise study for the proposed expansion area. That study, titled "Report On Noise Study for Delta Sand & Gravel New Mining Area", dated June 14, 2005, is attached to the application. The report concludes that certain areas within the impact area could be subjected to mining activity noise above the limit allowed by the Oregon Department of Environmental Quality (DEQ) for a "new noise source" on a "previously unused site." (See Exhibits 1 (Exhibit F) as updated on November 14-15,2005 to expand Zone 4; Exhibits 33, part (e), and 37 by Arthur Noxon; Exhibit 52 by Charles Oppenheimer; Exhibits 58 and 60, Daly-Standlee; and Exhibit 59, peer review by John Hector; Exhibit 270, from DSA responding to Noxon testimony.) The testimony of Arthur Noxon contests the applicant's conclusions. Dust and Eneine Emissions The applicant retained Bridgewater to prepare an evaluation of air quality issues associated with the proposed expansion area. That evaluation, titled "Air Quality Evaluation", dated June 1, 2005, is attached to the application (Exhibit 1). The evaluation concludes that aggregate mining and processing activities could generate dust and potentially create a nuisance condition for the nearby residences due to unusual or annoying amounts of dust present in the ambient air. Other "discharges" under the administrative rule could be defined to include air emissions from diesel engines. However, the Bridgewater evaluation concludes that, due to the snlall quantity of onsite excavation equipment and haul trucks, and the distant location of the equipment to one another and the proposed expansion area boundary, no conflict due to diesel exhaust will result from mining and processing activities associated with the proposed expansion area. (see Exhibit 1, Exhibit G, and Exhibit 56, Bridgewater) Substantial testimony was also received to address concerns about the health effects of fine particulate matter. (See Exhibits 33, Concerned Santa Clara Citizens, including reports by Camille Marie Sears and Stephen Kimberley, MD.; Exhibit 51, Lane Regional Air Pollution Agency; Exhibit 53, Dick Ruth; Exhibit 61, peer review; Exhibit 63, Knepler; Exhibit 223, SAIF; Exhibit 224, Sarah Hendrickson, MD; and Exhibits 263 and 263a, S. Kimberley, M:D.) Letters from area residents indicate existing dust conflicts and lack of adequate enforcement by the lane regional Air Pollution Agency (LRAP A). See example Exhibits 63 (Knepler) and 65 (DuPriest). Floodine Testimony in the record suggests that the proposed "aquaclude" will result in increased flooding on adjacent residential lands. The applicant retained EGR to prepare an evaluation of flood impacts associated with the proposed expansion area. That evaluation, titled "Evaluation of Potential Flood Impacts: Delta Sand and Gravel Expansion Area", dated June 6, 2005, (Exhibit 1, Exhibit H). The evaluation concluded that the method of mining the proposed expansion area will not result in a potential to impede flood flow, to reduce flood storage volume within the flood plain or to increase the velocity of water flowing across the site. The report concludes that the method of mining completely avoids any potential adverse flood impacts associated with mining activities on the proposed expansion area and, therefore, that no conflicts associated with flooding will result from mining and processing activities on the proposed expansion area. Exhibit A to Ordinance 20413 - 14