Item C: Delta Sand and Gravel Metro Plan Amendment

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ATTACHMENT A DRAFT FINDINGS DELTA SAND AND GRAVEL (MA 07-01) (Criteria and statutory requirements are shown in italics, draft findings following those requirements are shown in standard font) Metro Plan Amendment OAR 660-023-180(2): “Local governments are not required to amend acknowledged inventories or plans with regard to mineral and aggregate resources except in response to an application for a PAPA, or at periodic review as specified in Section (9) of this rule. This proposal is a request for a Post Acknowledgement Plan Amendment (PAPA) to add this site to the significant Mineral & Aggregate Resource Inventory. The property owner submitted the application as a PAPA in August 2005. Eugene Code 9.7730(3): Criteria for Approval of Metro Plan Amendment. The following criteria shall be applied by the Board of Commissioners in approving or denying a plan amendment application: (a) The amendment must be consistent with the relevant Statewide Planning Goals adopted by the Land Conservation and Development Commission; and (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. Review for conformance with the Statewide Planning Goals and the Oregon Administrative Rules would follow later as part of the Post Acknowledgement Plan Amendment and Goal 5 consistency findings. The City of Eugene is required to comply with the Oregon Administrative Rules (OAR’s) that implement the Statewide Planning Goals. Metro Plan Policy is implemented by identifying significant aggregate Goal 5 sites as Sand & Gravel Resources by Plan Designation and the appropriate zoning pursuant to the Goal 5 Rule. If the City cannot find consistency with the Goal 5 Rule (e.g., if the site cannot be found to contain a significant resource), then subsection (a) would not be met because the amendment would not be consistent with the relevant Statewide Planning Goals and the Metro Plan amendment cannot be approved. Post Acknowledgement Plan Amendment (PAPA) to Add Subject Site to the Significant Mineral & Aggregate Resource Inventory Step 1. Determine if the PAPA information is adequate. OAR 660-023-0180(2) (a): A local government may inventory mineral and aggregate resources throughout its jurisdiction, or in a portion of its jurisdiction. When a local government conducts an inventory of mineral and aggregate sites in all or a portion of its jurisdiction, it shall follow the requirements of OAR 660-023-0300 except as modified by subsection (b) of this section with respect to aggregate sites. When a local government is following the inventory process for a , mineral or aggregate resource site under a PAPAit shall follow the requirements of OAR 660- 023-0030, except where those requirements are expanded or superceded for aggregate resources as provided in subsections (b) through(d) of this section and sections (3), (4), and (8) of this rule;