Ordinance No. 20413 - Laserfiche WebLink

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To maintain and improve the quality of the air, water and land resources of the state. Goal 6 requires that air, land and water resources of the state be maintained and improved by assuring that future development, in conjunction with existing development, does not violate applicable state and federal environmental quality standards, and does not exceed the carrying capacity of local airsheds, degrade land resources or threaten the availability of such resources. The State of Oregon, City of Eugene, and Lane County have regulatory measures in place to regulate existing land use activities, as well as future development on the site. The Lane Regional Air Pollution Authority (LRAP A) regulates the Lane County airshed and the industries within it. LRAP A rules and permit requirements regulate the release of particulate matter into the air. Its permit system for emissions provides the regulatory measures that maintain the carrying capacity and quality of the airshed consistent with applicable state and federal environmental quality standards. An Air Contaminant Discharge Permit (ACDP) is required for the aggregate processing equipment and mining activities on the subject property. Delta Sand & Gravel currently operates its existing, adjacent facility under an ACDP issued by LRAPA (Permit No. 20119) that permits and regulates dust emissions generated by (1) processing equipment; (2) storage piles; (3) roadways; and (4) yard activities. In addition to the specific standards for particulate matter emissions that apply to the process operations, the ACDP includes a requirement to follow the LRAP A-approved Fugitive Dust Control Program for the existing facility. If Delta Sand & Gravel were to expand its operations onto the proposed expansion site, the applicants proposed to implement the Fugitive Dust Control Program on the expansion area to assure that its operations continue to comply with applicable state and federal air standards. There was substantial evidence in the record that indicated that the fine particulate matter (dust) would not be mitigated to a level of insignificance because of the proximity of homes and school site to the proposed expansion area. The applicants did not provide an Economic, Social, Environmental and Energy (ESEE) analysis. The City of Eugene found that the application could not be approved pursuant to Goal 5 and the rules that implement Goal 5 (see Goal 5 findings for additional information). We note that the applicant has testified that the processing facility (the rock crusher and associated facilities) will remain at its current LRAP A-regulated location and will not produce finished aggregate material in excess of its current LRAP A ACDP-mandated levels. The location of the processing facility and its production level is regulated by the ACDP. The applicant has testified that the location of that facility and its production levels will not change as a result of approval of this application, yet, in answer to questions at a public hearing, the applicants also indicated that the production was somewhat flexible and reacted to demand (Exhibit 1). Further, the crushing facility is not the sole source of dust from the site. Significant levels of dust result from on-site hauling. See Exhibit 218, attachment A. See also Exhibit 33b, 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 Exhibit263 and 263a, S. Kimberley, MD. The City finds that the evidence presented by the applicant was insufficient to overcome that presented by opponents. Questions about LRAPA's ability to adequately regulate and the long term viability ofLRAPA were raised during the joint elected officials' hearing, because there have been regular, long- standing discussions about the agency's on-going existence (see Nepler, DuPriest, Bettman, and Taylor testimonies at the 12/12/06 joint public hearing). In the case ofLRAPA's dissolution, the Oregon Department of Environmental Quality (DEQ) would be responsible for enforcing local air quality standards. The Council finds that conditions of approval dependent on LRAP A's enforcement are not satisfactory for long term mitigation of a potentially hazardous source of dust proximate to an urban residential area. Both of the Planning Commissions found unanimously that there is a conflict due to dust, and that the conflict due to dust could not be minimized to a level that meets the DEQ emission Exhibit A to Ordinance 20413 - 27