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  Time Set   10.       
Meeting Date: 10/14/2021  

Information
SUBJECT

Public hearing and presentation of the 2020 Annual Compliance Report on off-channel gravel mining within the boundaries of the Cache Creek Area Plan. Applicant: Yolo County (R.Miller/E.Sabatini)

SUMMARY
FILE # N/A
APPLICANT:
Yolo County Natural Resources Division
Yolo County Administrator’s Office (CAO)
OWNER:
N/A
LOCATION:
Immediately north and south of Cache Creek, between County Roads 85 and 96, within the boundaries of the Cache Creek Area Plan (CCAP) (Attachment A).

GENERAL PLAN: Agriculture (AG), Mineral Resource Overlay (MRO)

ZONING:  Agricultural Intensive (A-N), Special Sand and Gravel Combining Zone (S-G)

SUPERVISORIAL DISTRICT: 
5 (Barajas) 
SOILS: Various

FLOOD ZONE: Various

FIRE SEVERITY ZONE: None
ENVIRONMENTAL DETERMINATION: N/A
RECOMMENDED ACTION
That the Planning Commission:
 
1. Hold a public hearing and receive comments on the 2020 Annual Compliance Report;
 
2. (a) Determine that Cemex (CA MINE ID 91-57-0008) is in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and the Development Agreement (#96-287, as amended); and (b) Adopt attached Findings of Fact in substantiation of these determinations (see Attachment B);
 
3. (a) Determine that Granite-Capay (CA MINE ID 91-57-0014) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#96-289, as amended); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
 
4. (a) Determine that Granite-Esparto (no CA MINE ID issued) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#11-165); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
 
5. (a) Determine that Syar Industries (CA MINE ID 91-57-0015) is in substantial compliance with SMARA, the OCMP, and Development Agreement (#96-288, as amended); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
 
6. (a) Determine that Teichert-Esparto (CA MINE ID 91-57-0011) is in substantial compliance with SMARA,  the OCMP and the Development Agreement (#96-290, as amended); and (c) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
 
7. (a) Determine that Teichert-Schwarzgruber (CA MINE ID 91-57-0006) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#12-152); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B); and
 
8. (a) Determine that Teichert-Woodland (CA MINE ID 91-57-0002 & 91-57-0012) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#96-286, as amended); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B).
 
REASONS FOR RECOMMENDED ACTIONS/BACKGROUND
By November 1st of each year, pursuant to Article 7 (Annual Reports) of the Off-Channel Surface Mining Ordinance (OCSMO), the aggregate producers are required to provide annual reporting of their operations along Cache Creek to the County. The report to the Planning Commission, consistent with Section 10-4.703 of the OCSMO, is based upon independent staff analysis, field inspections, and information contained in annual reports submitted by the mining operators. Staff reviewed each site’s compliance with the applicable regulations, including the State's Surface Mining and Reclamation Act (SMARA), the County's Off-Channel Mining Plan (OCMP - including the Off-Channel Surface Mining Ordinance and Surface Mining Reclamation Ordinance), and individual permit approvals and Development Agreements (including Mitigation Monitoring Plans and Conditions of Approval). Based on staff’s investigation, all of the aggregate operations are determined to be in substantial compliance with the provisions of SMARA, the OCMP, and individual Development Agreements.
 
BACKGROUND
 
On July 30, 1996, the Board of Supervisors adopted the Off-Channel Mining Plan (OCMP) and its implementing ordinances. The OCMP and ordinances provide the regulatory framework for mining and reclamation within the Cache Creek Area Plan. There are currently seven mining operations that have approvals to mine under the regulatory framework of the OCMP. These operations include CEMEX, Granite-Capay, Granite-Esparto, Syar Industries, Teichert-Esparto, Teichert-Woodland, and Teichert-Schwarzgruber. Granite-Esparto is not permitted to commence mining operations until 2021 (or when mining is completed at the Granite-Capay site, whichever occurs later). In December 2019, Granite Construction Company submitted an application to modify operations at the approved Granite-Capay and Granite-Esparto mining sites. This application has recently been withdrawn.
 
PROJECT DESCRIPTION
 
Four mining operations actively mined aggregate material in 2020 - Cemex, Granite-Capay, Teichert-Esparto and Teichert-Schwarzgruber.  Syar Industries, which has an approved Interim Management Plan, remained idle in 2020. An Interim Management Plan is a temporary plan designed to address public health, safety, and environmental issues while the site remains idle.  Teichert’s Esparto plant facility was shut down in September 2020; however, aggregate sales continued from the site. The amount of material mined and sold in 2020 will allow the site to remain in “active” status.  Teichert concluded mining at its Woodland Storz facility in May 2017, and began reclamation, which is still underway.  
 
Production figures for individual mining operations are proprietary and may not be included in this report. However, staff has reviewed sales figures and production data provided by the operators, which shows that none of the mining operators exceeded their allocations in 2020. Overall, aggregate production has increased, as compared to the mining program’s lowest production amount (1.5 million tons) sold in 2012.  As a point of reference, in 2003, during the peak of the construction boom, the total amount of material sold from operators along Cache Creek exceeded 5.3 million tons (see Attachment C). In 2020, ±3.325 million tons were sold, representing a 3.31% increase from 2019’s total of 3.25 million tons sold.
 
Summary of Mining and Reclamation Activities in 2020
 
The following is a snapshot description of each mining operation in 2020, which includes a brief summary of mining and reclamation activities, including any permits or modifications approved by the County during the reporting year. 

CEMEX

Mining and Reclamation Activities in 2020: CEMEX continued to mine Phases 3 and 4 in 2020. The Phase 1 area has been portioned into different areas for ongoing agriculture reclamation, mining (in the southeast corner), and a settling pond. The dredge operated in Phase 3 Orrick Pit 1. Earthmoving occured in Phase 3 Orrick Pit 1 along the southern mining boundary and in front of future dredge operations. Horizon B subsoils in this area continued to be used to build an alluvial separator. The overburden stockpile to the east of the current dredge location has been partially relocated to the southwest. 
 
Reclamation is in progress in Phase 1 (Hutson parcel) and a large portion of alluvial separator has been reconstructed in Phase 3 (Orrick Pit 1). The settling pond located within the northeast portion of the Phase 1 Hutson and Farnham West pits also continues to receive wash fines.
Overburden from the southern portions of Phases 3 and 4 has been used to reconstruct the partial alluvial separator in Phase 3.
 
In October 2019, CEMEX installed a rock-swale BMP that will allow water to flow into a riparian depression north of Orrick Pit 2. This rock-swale, combined with previous leveling of the area, will prevent rainfall from flowing into the pit which had previously caused erosion. The riparian depression will benefit by having additional water directed into the area from rainfall. The 2020 Annual Report prepared by the operator indicates that this rock-swale BMP is in good condition. This was confirmed during the annual inspection completed in November 2020. 
 
Staff deems the Cemex facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2020: During 2020, staff continued review of the CEMEX application filed in February 2018 that addresses several operational changes. 
 
Inspection and Financial Assurance: The Cemex facility was inspected on November 20, 2020. Cemex currently maintains financial assurances in the amount of $6,061,201. 
  
Granite-Capay
 
Mining and Reclamation Activities in 2020: In 2020, Granite dry mined both the East and West Cells of Phase 2.  In 2021, Granite will continue to mine both the East and West Cells of Phase 2 using an excavator.
 
Granite continued to pump wash fines into Phase 1A to raise the ground level for future agricultural reclamation.
 
Staff deems the Granite-Capay facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2020: In December 2019, Granite Construction Company submitted an application to modify operations at the approved Granite-Capay and Granite-Esparto mining sites. This application was under review during 2020 and was withdrawn by the applicant in August 2021. 
 
Inspection and Financial Assurance: The Granite-Capay facility was inspected on November 20, 2020. Granite maintains financial assurances in the amount of $1,787,121.00.

Granite-Esparto
 
Mining and Reclamation Activities in 2020: Mining is not permitted to begin at the Esparto site until mining is completed at the Granite-Capay site, and no sooner than 2021. The Granite-Esparto Mining and Reclamation Permit was approved by the Board of Supervisors on November 8, 2011. The 30-year permit allows for aggregate extraction and processing from a 313-acre mining area on portions for two adjacent parcels (APNs 048-220-015 and -022) subject to conditions of approval. In accordance with the approved reclamation plan, the site is to be reclaimed to ±44 acres of habitat, ±112 acres of agriculture, and ±157 acres of open water pond.

Permit Activity in 2020: In December 2019, Granite Construction Company submitted an application to modify operations at the approved Granite-Capay and Granite-Esparto mining sites.  This application was under review during 2020 and was withdrawn by the applicant in August 2021.
 
Inspection and Financial Assurance: The Granite-Esparto site is still in agricultural production and has not been mined. Therefore, no inspection or financial assurance is required.
  
Syar Industries
 
Mining and Reclamation Activities in 2020: Syar remained idle in 2020 and did not mine any material; however, the operator processed and sold material from stockpiles. The Planning Commission approved an Interim Management Plan (ZF #2011-0049) for Syar Industries on December 8, 2011, which was valid for five years. On October 13, 2016, the Planning Commission approved an extension of the Interim Management Plan (IMP), which shall remain in effect for five additional years, or until such time as the mining operation may resume active status prior to October 2021. In May 2021 Syar submitted an application for a final five-year extension of the site’s IMP.  The Planning Commission approved the five-year extension application on September 9, 2021. Syar maintains a quarry manager and other staff on site during most days for site security and to conduct maintenance activities. The facility is fenced and access to the site is controlled by locked gates, and “No Trespassing” signs are clearly posted. Additionally, Syar installed a fence on the north side of Pond B and installed warning signs to deter fishing in the pond.
 
Staff deems the Syar facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2020:  None
 
Inspection and Financial Assurance: The Syar facility was inspected on November 20, 2020. Syar maintains financial assurances in the amount of $2,423,651.50.
 
Teichert-Esparto
 
Mining and Reclamation Activities in 2020:  As referenced in prior reports, creek bank erosion occurred at the Teichert-Esparto site during the 2016-2017 water year. Extensive interior fill material has been built inside the plant area, adjacent to the creek, in case of further damage and potential lateral movement at the erosion site. A field inspection of the site was conducted on October 27, 2020 by a professional engineering firm. Their report concluded that levee setback locations along the creek have not changed from their 2018 and 2019 inspections. The creek bank conditions appeared to be stable since the 2020 inspection. No additional significant erosion occurred during the 2019-2020 rain year.           

The Esparto Plant had been idle since May 2017; however, mining activity resumed at the Teichert-Esparto site in August 2019 and continued until August 2020, when the Esparto Plant was shut down. Aggregate material at the Teichert-Esparto site was sold in 2020, and the amount of material mined and sold in 2020 will allow the site to remain in “active” status.
 
Staff deems the Teichert-Esparto facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2020: None
 
Inspection and Financial Assurance: The Teichert-Esparto facility was inspected on November 22, 2020. Teichert maintains financial assurances in the amount of $1,379,559.00. 
 
Teichert-Schwarzgruber
 
Mining and Reclamation Activities in 2020: Mining was not permitted to begin at the Teichert-Schwarzgruber site until mining was completed at the Teichert-Woodland Properties permit. Teichert completed all mining at its Woodland Properties permit (Storz) and began mining at the Schwarzgruber site in 2017. The Teichert-Schwarzgruber Mining and Reclamation Permit was approved by the Board of Supervisors on November 13, 2012. The permit allows Teichert to take over mining on approximately 40.7 acres of the Schwarzgruber and Sons site and subsequently reclaim approximately 94 acres located south of Cache Creek to a mix of seasonal pond, riparian wetland, and grassland.
 
An inspection by a professional engineering firm was made of the perimeter levee along Cache Creek on October 27, 2020. No erosion or bank instability was noted, and drainage appears to be adequate. Some reclamation work along the Cache Creek levee and north levee has begun.
 
Staff deems the Teichert-Schwarzgruber facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2020: None.
 
Inspection and Financial Assurance: The Teichert-Schwarzgruber facility was inspected on November 23, 2020. Teichert maintains financial assurances in the amount of $732,447.00.
 
Teichert-Woodland Properties
 
Mining and Reclamation Activities in 2020: The Woodland aggregate processing plant site, including equipment and wash ponds, operated at full processing capacity in 2020. Mining in the Muller Property (Phase I) is complete. Sign-off of the Muller 30 agricultural reclamation has been granted. Additionally, reclamation and planting are complete at the Muller Pond, referred to as Muller 90. Natural Resources Division and Division of Mine Reclamation (DMR) staff conducted the final inspection of the Muller 90 property in October 2020 and determined reclamation was complete, and the site has been reclaimed in accordance with the approved final Reclamation Plan. DMR authorized release of the financial assurances for the site in November 2020. Sign-off of the Muller 90 property and release of the financial assurances was approved by the Planning Commission in December 2020.
 
Mining in the Coors Property (Phase II) is complete and reclamation activities are also complete. The property is now being maintained and monitored for reclamation sign off. Mining in the Storz Property (Phase III) began in 2009 and was mined until 2017, when mining was completed. Reclamation work is now under way. Beginning in 2017, the Woodland Plant began processing material from the Schwarzgruber mine site.
 
Staff deems the Teichert Woodland facility and properties to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and their approved Development Agreements.

Permit Activity in 2020: None
 
Inspection and Financial Assurance:  The Teichert-Woodland facility was inspected on November 23, 2020. Teichert maintains financial assurances in the amount of $1,043,616.00 for the Woodland Properties (plant site and mining areas).
 
Summary of OCMP Program Updates in 2020
 
Overview of Cache Creek Area Plan Second 10-Year Mining and Reclamation Permit Review
 
The Cache Creek Area Plan (CCAP) requires a mandatory “interim” review of all aspects of the gravel program every ten years including the plans, regulations, and permits. The interim review concept has been integral to the CCAP since its inception. It integrates the “adaptive management” of the program and ensures that the approved mining and reclamation permits have regular reviews to apply subsequent environmental regulations and statutory provisions. During 2020, staff reviewed each operators’ permits, conditions of approval and compliance status.  Staff then met and conferred with each mine operator individually to update conditions as necessary and ensure compliance. 

The proposed modified conditions of approval and compliance status for the CEMEX, Syar, and Teichert mining operations were approved by the Planning Commission in February 2021. Review of the conditions of approval and compliance for these operators resulted in staff’s determination that each operator was in substantial compliance with conditions of approval and SMARA.  
 
Granite Construction has two mining permits under the CCAP (Granite Capay and Granite Esparto) and has requested additional time to participate in this process as Granite has been involved in other negotiations with the County pertinent to this review. Therefore, conclusions regarding Granite’s permit reviews will be processed separately from the permit reviews brought before the Commission in February 2021 and will be presented at a future Planning Commission meeting.
 
The Planning Commission, as part of the Ten-Year Review and Approval process, previously reviewed and approved the updated conditions of approval and compliance status for each operator, with the exception of Granite Construction, in February 2021 (see Attachment F - Minutes from February 11, 2021 Planning Commission meeting). Therefore, only Granite’s conditions of approval and compliance status are included as Attachment D to this report.
 
APPEALS
Pursuant to Sections 10-4.703 and 10-4.1003 of the OCSMO, any person who is dissatisfied with the decisions of this Planning Commission on these matters may appeal to the Board of Supervisors by filing with the Clerk of the Board of Supervisors within fifteen (15) days from the date of the action. A written notice of appeal specifying the grounds for appeal and an appeal fee immediately payable to the Clerk of the Board must be submitted at the time of filing. The Board of Supervisors may sustain, modify, or overrule this decision.
Attachments
Att. A. CCAP Map
Att. B. Combined Findings
Att. C. Gravel Production Chart
Att. D. Compliance Report
Att. E. Site Boundaries & Photos
Att. F. February 2021 Planning Commission Minutes
Att. G. Mining Plans and Phases

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Form Review
Inbox Reviewed By Date
Elisa Sabatini Elisa Sabatini 10/04/2021 09:28 AM
Eric May Eric May 10/05/2021 11:38 AM
Leslie Lindbo Leslie Lindbo 10/05/2021 12:23 PM
Taro Echiburu Taro Echiburu 10/05/2021 12:35 PM
Form Started By: Ronald Miller Started On: 09/27/2021 06:01 PM
Final Approval Date: 10/05/2021

    

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