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  Time Set   12.       
Meeting Date: 12/09/2021  

Information
SUBJECT
Zone File #2018-0078; GPA File #2021-03: Continue the public hearing from November 10, 2021, to consider a recommendation to the Board of Supervisors regarding certification of the Environmental Impact Report and approval of the Teichert Shifler Mining and Reclamation Project on a 319.3-acre site west of Woodland, CA, including a General Plan Amendment, Rezone, and other associated approvals.  An Environmental Impact Report has been prepared for this project (SCH#201908903).  Applicant: Teichert Inc.; Property Owner: LJ Shifler Family Trust (Planner: Jeff Anderson/Heidi Tschudin, Contract Planner)
SUMMARY
Zone File #2018-0078; GPA #2021-03: Teichert Shifler Mining and Reclamation Project
APPLICANT:
Teichert, Inc.
Jason Smith
3500 American River Drive
Sacramento, CA 95864

PO Box 15002
Sacramento, CA 95851
OWNER:
Mining Site:
LJ Shifler Family Trust
Leslie Shifler
988 Glennfinnan Way
Folsom, CA 95630

Processing Site:
Same as Applicant
LOCATION: Mining Site -- APNs: 025-120-032 (portion), 025-120-033, 025-430-001 (portion), 025-430-002, 025-120-010, 025-120-011, and 025-430-009.

Processing Site -- 35030 County Road 20, Woodland, CA 95695; APNs: 025-350-037, 025-350-017, 025-120-039, and 025-120-041.

GENERAL PLAN: Mining Site -- Agriculture (AG)
Processing Site -- AG/Mineral Resource Overlay (MRO)

ZONING: A-N (Agricultural Intensive), POS (Public Open Space)

SUPERVISORIAL DISTRICT: 5 (A. Barajas)
SOILS: BrA, Lm, SmF2, SmD, Ya

FLOOD ZONE: X, AE

FIRE SEVERITY ZONE: Moderate; Non-Wildland/Non-Urban
ENVIRONMENTAL DETERMINATION: Environmental Impact Report (SCH #2019089053)
RECOMMENDED ACTION
Staff recommends that the Yolo County Planning Commission recommend the following 12 actions to the Yolo County Board of Supervisors, including the identified modifications from the November 10, 2021, staff report.  This prior staff report has been attached to this staff report as Exhibit 1.  The attachments referenced in each recommended action below are provided in the staff report from the November 10, 2021, Planning Commission meeting. 

1.  CERTIFY FINAL ENVIRONMENTAL IMPACT REPORT (EIR) for the Teichert Shifler Mining and Reclamation Project (SCH #2019089053) based on Findings of Fact and a Statement of Overriding Considerations.  See Final EIR (11/10/2021 PC Staff Report - Attachment A) and Resolution Certifying the EIR (11/10/2021 PC Staff Report - Attachment B).

2.  APPROVE GENERAL PLAN AMENDMENT to extend the Mineral Resources Overlay (MRO) land use designation over an additional approximately 212 acres in over to cover the entire 319.3-acre project site.  See Resolution Amending General Plan and Adopting MMRP (11/10/2021 PC Staff Report - Attachment C).

3.  APPROVE REZONING to add the Sand and Gravel Overlay (SG-O) over the entire 319.3-acre project site.  See Rezoning Ordinance (11/10/2021 PC Staff Report - Attachment D).

4.  APPROVE OFF-CHANNEL SURFACE MINING PERMIT for maximum term of 30-years (through approximately 2051) to extract a maximum of 35,400,000 tons (30,000,000 tons sold) at a base rate not to exceed 2,117,648 tons mined (1,800,000 tons sold) annually, on a mining area not to exceed 264.1 acres at depths of 40 to 110 feet below the ground surface, consistent with mining plan sheets M-01 through M-09 (11/10/2021 PC Staff Report - Attachment E), subject to (and as modified by) the Conditions of Approval (11/10/2021 PC Staff Report - Attachment G).  Excavated materials shall be processed at the Teichert Woodland plant, which shall be subject to the same maximum term and conditions of approval.  

5.  APPROVE MINING TONNAGE ALLOCATION TRANSFER of 1,176,471 tons mined (1,000,000 tons sold) annually from the Teichert Schwarzgruber operation to the Teichert Shifler operation, at completion of the Teichert Schwarzgruber operation.

6.  APPROVE MINING TONNAGE ALLOCATION TRANSFER of 941,177 tons mined (800,000 tons sold) annually from the Teichert Esparto operation to the Teichert Shifler operation, at completion of the Teichert Esparto operation.  

7.  RETURN UNALLOCATED MINING TONNAGE of 228,392 tons mined (200,000 tons sold) previously assigned to the Teichert Esparto operation to the Cache Creek Area Plan, at completion of the Teichert Esparto operation.

8.  REJECT REQUEST TO UTILIZE 20 PERCENT EXCEEDANCE allowed in Section 10.5-405 of the Mining Ordinance, which would authorize the operator to exceed the maximum annual “base” permitted tonnage transferred from the Schwarzgruber approval by up to 20 percent, which equates to 235,295 tons mined (200,000 tons sold) in any single calendar year, provided the running ten-year average does not exceed the maximum permitted base allocation.  

9.  AUTHORIZE MINING IN THE STREAMWAY INFLUENCE ZONE within 700 feet of, but no closer than 250 feet to, the Cache Creek channel bank, pursuant to Section 10-4.429(d) of the Mining Ordinance, subject to County approval of a Streambank Stabilization Plan (SSP) in compliance with Section 10-4.429(d) of the Mining Ordinance, and a Flood Hazard Development Permit (FHDP) in compliance with Section 8-4.404 of the County Code, both which shall ensure implementation of Teichert Shifler EIR Mitigation Measure 4.8-4(a) requiring reinforcement improvements in the 700-foot streamway influence zone.

10.  APPROVE RECLAMATION PLAN comprised of reclamation plan sheets R-01 through R-09 (11/10/2021 PC Staff Report - Attachment E) and Reclamation Plan Narrative (11/10/2021 PC Staff Report - Attachment F) reflecting reclamation of 319.3 acres to approximately 119.9 acres of agriculture, 90.9 acres of open water lake, 61.2 acres of grassland and slopes, 24.7 acres of riparian habitat primarily along the lake frontage, 13.9 acres in canal and related uses, 7.1 acres in access roads and buffers, 1.6 acres in oak woodland, subject to (and as modified by) the Conditions of Approval (11/10/2021 PC Staff Report - Attachment G). 

11.  AUTHORIZE ACCEPTANCE OF EQUIVALENT NET GAINS as provided in Section 10.5-525 of the Reclamation Ordinance recognizing the dedication of the Shifler lake and habitat and the Schwarzgruber lake and habitat as satisfying 212.0 acres of the requirement for agricultural mitigation in excess of the base ratio of 1:1.

12.  AUTHORIZE EXECUTION OF A DEVELOPMENT AGREEMENT between Yolo County, Teichert, Inc., and LJ Shifler Family Trust documenting, among other items, payment of per-ton fees, implementation of all conditions of approval and EIR mitigation measures, compliance with the spirit and intent of the Cache Creek Area Plan and all related policies and requirements, and implementation of identified public benefits known as “net gains” (11/10/2021 PC Staff Report - Attachment H).

Staff advises that the recommended actions above from the November 10, 2021, staff report should include the following modifications:

1.  Teichert Shifler Resolution Certifying the EIR and Making CEQA Findings (11/10/2021 PC Staff Report - Attachment B) - correct various errata:
  • page 17 - correct "thep" in eighth line from bottom to "the project"
  • page 18 - delete fourth bullet from top
  • page 18 - change "to" to "do" in sixth line from bottom
2.  Teichert Shifler Proposed Conditions of Approval (11/10/2021 PC Staff Report - Attachment G) - add/modify the following conditions to ensure coordination with utility providers; establish a requirement for neighbor noticing of nighttime operations; and, address compliance with potentially applicable water quality permitting requirements:

a)  Add the following new condition:

Condition 29.2 - Prior to commencement of mining activities on the project site, the applicant shall coordinate with Pacific Gas and Electric Company (PG&E) to determine whether the project is adjacent or within proximity to PG&E facilities or infrastructure, and undergo appropriate plan review and inspection.

b)  Add the following new condition:

Condition 29.4 - A) Nighttime Notification Requirements.  The plant operator shall notify, via email, the County of Yolo and residents located within 500 feet of the Woodland Plant site and/or the Shifler mining site of any night operations that will occur after 8:00 p.m., with estimated start and end dates, or other operational changes that may affect such residents. In addition, the operator shall add any property owners/residents beyond 500 feet of the Woodland Plant site and/or the Shifler mining site to the notification list upon request.  The operator shall update the list every year to ensure that names, email addresses, and contact information are current.  The notice shall state the dates and hours of nighttime activities, in addition to a contact name and phone number at the Woodland Plant.  The notices shall be sent out to the property owners no less than one week in advance of the nighttime activity if the date is known that far in advance.  Because many jobs are scheduled only a day or so in advance, notice shall immediately be sent to the contact list as soon as evening work is scheduled.

B) Complaint Log Requirements.  The operator shall provide the County of Yolo and residents located within 500 feet of the Woodland Plant site and/or the Shifler mining site with a 24-hour contact name, email address, and phone number in order to allow citizens a mechanism to voice concern or lodge a complaint over any aspect of the mining operation.  In addition, Teichert shall provide this information to residents who live more than 500 feet from the Woodland Plant site and/or the Shifler mining site upon request.  A complaint log shall be maintained with all pertinent information and such log shall be submitted to the County Natural Resources Division at the end of every work week.

c)  Modify Condition #34 as follows to ensure that the protections last into perpetuity, both in the spirit of Section 10-5.520.2 and the policy concerns raised by the Commission that a Williamson Act contract’s 9-year term will not offer sufficiently long-lasting restrictions to protect the agricultural use of the reclaimed land in perpetuity:

Condition 34 - Upon completion of reclamation within each phase of the project, for land that will not be dedicated or deeded to the County, the operator shall enroll each parcel reclaimed to agriculture in a Williamson Act contract, or other equivalent and enter into a long-term easement or deed restriction satisfactory to the County, for the purpose of protecting the agricultural use of the reclaimed land in perpetuity.

d)  Add the following new condition:

Condition 79.2 - Waste Discharge Requirements - Discharges to Land.  Prior to discharge of processing fines to the mining site for use in reclamation or other waste discharge to the mining site, the property owner and operator (together) are required to have WDRs or other documents from the Regional Water Quality Control Board allowing discharge to land of mining waste. A report of waste discharge must be submitted with the proper filling fees.  (CVRWQCB 11/1/2021)

Staff also has two clarifications to the November 10, 2021, staff report:

a)  Clarification of the staff recommendation regarding annual tonnage (pdf page 9, paragraph 5, line 8 of the 11/10/2021 PC Staff Report) should be clarified as follows:

"Nevertheless, this would allow an 80 percent increase over the existing approved base annual tonnage approvals at the plant currently, or a 50 percent increase over the existing approved maximum annual tonnage."

b)  Correction to the following reference (pdf page 19, bullet 3 of 11/10/2021 PC Staff Report):
 
"Feb 2020 - Effects on Wild Wings wells from proposed operations at Shifler (water levels, water quality, arsenic). (Appendix K1 K2 to Draft EIR)."
REASONS FOR RECOMMENDED ACTIONS/BACKGROUND

SUMMARY OF THE PLANNING COMMISSION HEARING ON NOVEMBER 10, 2021
The Teichert Shifler Mining and Reclamation Project was scheduled and heard by the Planning Commission during a special meeting on November 10, 2021.  A presentation was provided by County staff, followed by a presentation from the applicant.  The Planning Commission conducted a public hearing, during which ten individuals provided oral testimony.  The public hearing was closed and the Planning Commission commenced, but did not conclude, their deliberations.  By unanimous vote, the Planning Commission continued the item to their next regularly scheduled meeting of December 9, 2021, at 8:30 a.m.  No requests for additional analysis or information from staff were made.  Therefore, this report focuses on providing a summary of the first meeting and identifying where in the record various topics raised by commenters are addressed.   

SUMMARY OF PUBLIC COMMENTS
Comments received in the record since the release of the Final EIR through close of business on November 30, 2021, are summarized in Exhibit 2 attached to this staff report. Brief responses are provided including references to where identified issues have been addressed.  Copies of the written comments can be accessed here: https://bit.ly/Ex2Comments

In reviewing the comments, staff has confirmed that all raised issues have been previously considered and/or analyzed and resolved.  Staff also confirmed that no new environmental issues outside the scope of the CEQA analysis have been raised.
 
Staff notes that many recent commenters appear to be unfamiliar with the County’s mining program as conducted pursuant to the Cache Creek Area Plan (CCAP). For background information on the program, interested individuals are encouraged to view the CCAP Workshop presented to the Planning Commission on October 14, 2021, and available for viewing at: https://bit.ly/CCAPWorkshopVideo.

PLANNING COMMISSION MEETING ON DECEMBER 9, 2021
Staff recommends the Planning Commission receive a brief staff presentation, receive brief comments from the applicant, re-open the public hearing to accept comments, close the hearing, undertake deliberations, and recommend the identified actions (1 through 12, including the identified modifications) to the Board of Supervisors in support of adoption of the Teichert Shifler project. 

NEXT STEPS
The Teichert Shifler project is scheduled for consideration on the January 11, 2022, time set agenda of the Board of Supervisors. 
COLLABORATIONS
Natural Resources Division staff collaborated with the Department of Community Services and the Office of County Counsel, as well as the following (listed in alphabetical order): Cache Creek Technical Advisory Committee, California Department of Conservation - Division of Mine Reclamation, Esparto Citizen's Advisory Committee, the Yocha Dehe Wintun Nation, and the Yolo County Flood Control and Water Conservation District.
APPEALS
Any person who is dissatisfied with the decisions of this Planning Commission 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
Ex. 1. 11/10/2021 Planning Commission Staff Report
Ex. 2. Summary of Comments Received Since Release of the Teichert Shifler Final EIR
Ex. 3. Materials Distributed to Commission after Agenda was posted
Ex. 4. Summary of Comments Received On The Teichert Shifler Project Since Nov. 30, 2021

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Form Review
Inbox Reviewed By Date
Casey Liebler Casey Liebler 12/02/2021 02:09 PM
Eric May Eric May 12/02/2021 03:30 PM
Leslie Lindbo Leslie Lindbo 12/03/2021 08:25 AM
Taro Echiburu Taro Echiburu 12/03/2021 08:50 AM
Form Started By: Casey Liebler Started On: 11/12/2021 10:48 AM
Final Approval Date: 12/03/2021

    

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