Item B: Delta Sand and Gravel Metro Plan Amendment

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Lane County Board of Co:mmissioners and Eugene City Council January 29, 2007 Page 6 Delta's noise consultant, Daly-Standlee, concluded that, with appropriate noise mitigation measures, noise generated by future mining operations in the proposed expansion area win comply with the most demanding interpretation of the DEQ Noise Regulations for Industry and Commerce at all residential properties around the proposed expansion area. Again, if .Delta can demonstrate that it meets the regulatory standards of the responsible agency, then it has demonstrated that it can minimize the potential impact Opponents have enlisted the services of Arthur Noxon to criticize the Daly-Standlee reports, both the original report filed with the application and subsequent reports and responses of Daly- Standlee thereafter (including the most recent an.alysis of minimizing impacts from the excavation portion of the aquaclude construction). Daly-Standlee has provided several responses and rebuttals of Mr. Noxon's criticisms which demonstrate Mr. Noxon's mistaken facts and assumptions. Furthermore, Daly-Standlee has provided both authority and re.asoning for each of its assumptions and conclusions. A close reading of Mr. Noxon's reports and of Daly-Standlee' s defense of its own work renders a reasonable conclusion that Mr. Noxon has failed to refute the conclusions of Daly-Standlee. Accordingly, the elected officials have more than sufficient evidence., expert and otherwise, to concll1ded that Delta can minimize the potential noise impacts associated with minin.g of the expansion area. We remind 'both elected bodies that th.e Eugene Planning Commission also found that Delta had demonstrated that it can rn.inimize the potential noise im.pacts. Conclusion. Delta has provided substantial evidence to demonstrate that it has a sign.ificant aggregate deposit and that it can ffi.in.im.ize all potential impacts with neighboring land uses. Delta has continually provided to the record of this proceeding its responses and rebuttals of opponent arguments and criticism of Delta's evidence. Throughout the proceeding Delta has demonstrated that it has historically performed all of its obligations and require:rnents, without violation, of its LRAP A permit to mine and process aggregate material on its existing site. Delta's evidence is substantial and reasonable and supports a finding that Delta has demonstrated that approval of this application is consistent with the Goal 5 Rule. Best regards, Is/Steve Cornacchia STEVE COR.NACCHIA PSC:ss cc: George Staples