CC Minutes - 12/12/06 Joint Elected Officials

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resource and they found they had identified all of the impacts and minimized or could demonstrate that they could minimize the impacts on all issues except dust. He said they produce dust at the crusher, not where they mine. He indicated that LRAPA issues a permit for all facilities like this. He said they have a discharge permit that limits the amount of material they can discharge into the air shed. He added that limitation comes with a production level limitation and requirements that the pressure stays where it is at, its produces at the level it is limited to, and that they water their haul roads to and from the mining area to the crusher. He noted there are no conditions in the permit about the actual mining. Cornacchia indicated that Delta Sand and Gravel had operated at their facility without a single citation issued to them by LRAPA regarding these matters, except for one last January. He recalled that on that day there were freezing temperatures, and the company had decided to water Division Avenue. He said they were cited by LRAPA for failure to meet their requirements. He added that citation, after discussion with the agency, was dismissed and LRAPA did not issue any type of a sanction for that day. In added in 40 years not once did LRAPA say Delta Sand and Gravel had violated their provisions or requirements. He said the company is responsible, ethical, and committed to meeting its requirements and to operating without negatively impacting its neighbors. Cornacchia recalled the Eugene Planning Commission agreed with them on the issue of the aquaclude but the Lane County Planning Commission did not. He said the aquaclude is intended to minimize the impacts of the groundwater flow. He said the closer they get to west of the gravel pit, the more likely negative impacts to their wells could occur. He said that is a consideration they have to take into account. He said their answer was to build an aquaclude. He said the consultants for the opponents suggested that as water comes through the aquaclude on a day of heavy rain, it would flood the grounds. He said they tried to explain through EGR’s testimony that doesn’t happen. He said ground water would go around the aquaclude. He added to meet those concerns EGR went back to drop the aquaclude at a different elevation that would still reduce the majority of the groundwater but they suggested that the top of the aquaclude would be just above the water level of the wetlands. He said in the event their argument is correct and the water could rise, it would rush into the pit and not onto the surface. With regard to dust, Cornacchia stated the opponents provided testimony from a medical doctor regarding rock dust and the extreme negative and severe health risks of rock dust. He found the testimony to be prejudicial. He said the doctor had not visited the site and didn’t know if the rock dust he was discussing is produced at the wall. Cornacchia stated rock dust is created when rocks are broken. He said rocks are broken at the crusher and it is allowed by law by the LRAPA permit. He commented that they were certain that the testifier had the credentials to give the testimony he gave. Cornacchia said Delta Sand and Gravel is dedicated and committed to the community as a steward of its own land. He said they created a heron rookery and the governor in 2005 presented an environmental award regarding their work with the McKenzie Watershed, the council and their provision for habitat for pond turtles and red legged frogs. He said Page 4 – Joint Elected Officials' Meeting – December 12, 2006 WD bc/m/06121/T