Item B: Delta Sand and Gravel Metro Plan Amendment

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Lane County Board of Commissioners and Eugene City Council January 29, 2007 Page 3 OAR 660-023-0180(1)(g) provides the pelformance standard for mInImIzation of potential contlicts. In defining minimization of conflicts, the rule states that for those types of conflicts addressed byloca:l, state-, or federal standards (such as the Department of Environmental Quality standards for noise and dust levels), to "minimize a conflictttmeans to ensure conform.ance to the applicable standard. Delta has demonstrated throughout these proceedings that its operations on the subject site have been in conformance with the DEQ standards as reg'ulated by LRAP A in this community. Evidence in the record demonstrate-s that all operations on the expansion site must be brought under and included within the LRAP A permit that covers the existing operation and site. Delta's track record with its existing permit is a good indication to the elected officials that its mining of the expansion area will also be performed in conformance with that permit. 2. The expansion area contains a significant aggregate resource. Delta has demonstrated in these proceedings that the subject expansion site has a significant deposit of aggregate resource. De]ta's initial evidence was provided by EGR & Associates, Inc. (EGR), and consist.ed of EGR's sampling of material at several locations on. the expansion site and the subsequent 'Iab testing. EGR published the results of its evaluation in the report titled "Evaluation of Aggregate Resources: Delta Sand and Gravel Expansion Area" which is dated June 2005. In that report,EGR determined that coarse aggregate sam.ple,s obtained during field exploration of the expansion area meet ODOT base rock specifications. The report contains laboratory data demonstrating that the coarse aggregate (gravel) fraction present at th.e expansion site meets the base rock specifications required by ODOT and Goal 5. Similarly, t.he report demonstrates that an of the coarse aggregate samples meet the O:DOT soundness requirements for Portland Cement Concrete. Furthermore,EGR concluded that the estimated volum.e of aggregate available within the proposed expansion area is 9,082,260 tons. Accordingly, Delta has demonstrated that the proposed expansion area satisfies the criteria set out in OAR 660-023- 0180(3)(a). Opponents, primarily through the testimony of Mr. R.e-ed, have argued that EGR's methodology and conclusions are flawed and should not 'be accepted by the elected offIcials as evidence of a significant deposit. Notwithstanding the obvious conclusion that the ex.pansion area is an extension of an existing significant deposit that has been mined by Delta for over 40 years, in response to Mr. Reed's criticism. Delta enlisted the review of the Oregon Departm.ent of Transportation (ODOT) and the Oregon Department of Geology and Mineral Industries (DOGAMI). Using the core borings of EGR, ODOT took its own samples and had those. samples evaluated. OnOT concluded th.at the samples were representative of aggregate deposits on site and that the deposit met ODOT specifications. Based upon ODOT's sampling and conclusions, DOGAMI issued the same conclusion. Opponents now argue that the ODOT sam.p.ling and conclusions are some'how tainted because it used the core borings produced an.d analyzed by Delta and EGR. Evide.nce was produced at the public hearing, in the form of a printout of the cores that displayed where with'in the cores both EGR and ODOT took their samples. It is evident fro.m that printollt that ODOT independently obtained its own samples from the cores and independently analyze,d its samples. The printout demonstrates that ODOT