Item 2A: Approval of City Council Minutes

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Cornacchia responded that they did a search of company records regarding complaints received and citations issued. He noted the only citations are the frozen road on Division and the other three were citations by LRAPA on construction sites. They were for tracking mud onto the street and not having a load covered. He said it had nothing to do with the mine operation or the crusher. Sorenson asked about page 6 of Noxon’s report on noise. He said Noxon’s report stated that Oregon law currently protects degradation of the community ambient noise standards of up to ten decibels. He asked how Noxon determined that Delta should have added 21 decibels of noise. Noxon responded he determined it by reading their report. He said they said they have an ambient noise level of 39 DB and they have a right to make noise up to 49 DB. He said they added 10 DB and claimed the ability to generate noise to the level of 59 DB. He thought they were using their own noise floor as their right to make that much noise on the neighboring property. He said they said when they move into the area they could raise the noise level 10 more DB. He said that results in the loudest rock quarry the state could have and still be in compliance. Sorenson asked if they would violate the DEQ noise limit with what they are proposing. Noxon indicated they are proposing to raise the natural non-Delta noise ambient level by 21 DB. He commented that that was an arbitrary decision they were making to allow them to move into the area. He stated they haven’t shown any analysis that the trenching operation and the pit could meet the DEQ compliance. He thought their paperwork submittal needed to be readable and confirmable. He said it was summaries and conclusions. He noted there was no engineering report. Green asked if he was opposed to the mitigation plan offered by Delta Sand and Gravel and the minimization process. Noxon said the mitigation process is based on assumptions and the assumptions are what he takes exceptions to. He said the analysis and method of modeling was incorrect and not based on engineering principles. He thought they were trying to get around the letter of the law. Green asked how many complaints the company received around noise. Noxon responded that the quarry has been operating more than an a quarter of a mile away from where the houses are. He said they are moving their operation into a quiet neighborhood. He said trying to evaluate whether their operation in a noisy environment where the houses are far away from the operation when they are encroaching into the neighborhood is not a good way to say they are running a quiet operation. He said the noise of the freeway dominates the noise field in the residential area that is closest to edge of the pit. Page 16 – Joint Elected Officials' Meeting – December 12, 2006 WD bc/m/06121/T