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Item 2A: Approval of City Council Minutes
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Item 2A: Approval of City Council Minutes
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1/22/2007
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<br /> Christenson replied that it was the first time that Reed said that composite sampling, <br />taking a broad area to be sampled together is what they were supposed to do. He recalled <br />before they were supposed to take discrete samples from various levels. He commented <br />that it is the same rock they have been excavating and have been selling as base rock for <br />the past 40 years. He was confident the rock would pass the base rock standards. <br /> <br /> Morrison asked if DOGAMI was accepting what had been presented, if they had the <br />initial permit after the County takes action from the state level. <br /> <br /> Reed responded that they issue a permit for mining in relation to the mining itself. He <br />noted they don’t pass judgment on the significance issue. <br /> <br /> Morrison asked if they should challenge DOGAMI. <br /> <br /> Reed indicated that DOGAMI was addressing the drill hole spacing as whether that was <br />adequate to demonstrate continuity. He added that DOGAMI specifically does not <br />address the sample quality issue. He said that was a mistake on DOGAMI’s part. He <br />said that ODOT was not in a position to determine from a geologic perspective whether <br />the samples are geologically representative. He said it was a geologic issue. He <br />commented that it was a straightforward issue of looking at the law. He added the rule <br />requires representative samples and none of those entitles, ODOT or DOGAMI or EGR <br />has argued based on citations of external standards that their sampling methods met those <br />standards. <br /> <br /> Pape asked if he had to meet the ORS requirement. <br /> <br /> Reed responded the ORS requires a representative set of samples meeting the ODOT <br />base rock standard. He said the rule doesn’t state it. He said it is not addressed in the <br />rule explicitly. He said the question is what is a representative set of samples. He said <br />that is what he had done. He went to existing national standards. He said ASHTOS has a <br />statement about what it is. He noted a key statement is separating material of <br />distinguishable physical and visually distinguishable properties. <br /> <br /> Pape asked if Chrishtenson complied with the standards of ASHTOS. <br /> <br /> Reed believed Christenson’s position is the standards referred to how to sample <br />processed rock. He said they wanted to determine if the rock met the requirement for the <br />construction site. He said the issue is whether the rock in the ground meets a set of <br />quality criteria. <br /> <br /> Pape asked Christenson if he had to prove the rock in layers to get a significant sample. <br /> <br /> Christenson commented that was an argument that Dr. Reed has used previously. He <br />actually argued that the top 35 layers was as far as they could go because it was <br />distinguishable from the other and the OAR said it has to be the mass and the rock <br />Page 19 – Joint Elected Officials' Meeting – December 12, 2006 <br />WD bc/m/06121/T <br /> <br />
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