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Home My WebLink About#18-08 RESOLUTION APPROVING MINING PERMIT MIN18-0001 (MATHEWS READYMIX, LLC) AMENDING COND #1 OF MIN16-0001 & COND #13 OF MINING & RECLAMATION PERMIT MRP 92-43RESOLUTION NO. PC 18-08 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINING PERMIT MIN18-0001(Mathews Readymix, LLC.), AMENDING CONDITION NO.1 OF MIN16-0001 AND CONDITION NO. 13 OF MINING AND RECLAMATION PERMIT MRP 9243. WHEREAS, Mining and Reclamation Plan (MRP 92-43) included Condition No. 13, which caused the expiration of Vance Avenue #2 Mine on June 15, 2016; and, WHEREAS, on June 15, 2016, Mathews Readymix, LLC, the owner and operator of the Vance Avenue #2 Mine, filed an application (Mining Permit MIN 16-0001) to amend Condition No. 13 of Mining and Reclamation Plan MRP 93-43 and extend the expiration date; and, WHEREAS, on April 27, 2017, the Planning Commission approved MIN16-0001, the first amendment to MRP 92-43, effectively extending the expiration date an additional two (2) years from June 15, 2016 to June 15, 2018; and, WHEREAS, during the course of hearings conducted for MIN 16-0001, the Planning Commission received and considered public testimony regarding the effects of the mining operation including sediment intrusion in area wells, excessive fugitive dust, excessive noise, ground vibration, road degradation, inadequate roads to accommodate truck traffic, and flooding from ponds; and, WHEREAS, in response to public testimony, the Planning Commission directed the project proponent to amend MRP 92-43 by eliminating the subsurface mining component of the mine operation and any subsequent reclamation of the mine into wildlife ponds, prior to the expiration of the MIN16-0001 by June 15, 2018; and, WHEREAS, since approval of MIN 16-0001, the current owners of the property have been working to transfer the property and mining operation to the Joint Water Districts Board, headquartered in Gridley, California, whom will be filing the mining permit and reclamation plan amendment to modify the current mine operation and reclamation plan; and, WHEREAS, due to the complexity in completing the transaction of the subject property and mine operation to the Joint Water Districts Board, the transfer is not anticipated to be complete until after the June 15, 2018 permit expiration date; and, WHEREAS, in order to complete the transfer of the subject property and mine operation, and allow sufficient time for the potential new owners to file the mining permit and reclamation plan amendment, the Joint Water Districts Board, on behalf of Mathews Readymix LLC, has requested a permit amendment (Mining Permit MIN 18-0001) to extend the expiration date of MRP 9243; and, WHEREAS, the Planning Commission has considered Mining Permit MIN18-0001 by Mathews Readymix, LLC amending Mining and Reclamation Permit MRP 9243 to extend the expiration date of the permit an additional one (1) year to June 15, 2019; and WHEREAS, the Planning Commission has considered the adopted Mitigated Negative Declaration (SCH No. 1992103083), prepared in accordance with the California Environmental Quality Act; and WHEREAS, a duly noticed public hearing was held on May 10, 2018; and Pagel of 5 WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Butte County Planning Commission: I. Makes the following findings: A. An Initial Study/Mitigated Negative Declaration (SCH No. 1992103083) was completed in compliance with the California Environmental Quality Act, and certified by the Butte County Planning Commission on December 10, 1992. B. On the basis of the whole record before the Planning Commission, including the adopted Mitigated Negative Declaration, and any comments received, there is no substantial evidence that the Mining Permit for Mathews Readymix, LLC., Planning Division File No. NUN 18-0001 (Amendment No. 2 to MRP 92-43) would have a significant effect on the environment. C. No change to the project, circumstances under which the project is undertaken, or the physical environment had occurred that would cause new environmental effects or an increase in severity of environmental effects. No subsequent environmental review is required. D. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approves Mining Permit MIN 18-0001 (Amendment No. 2 to MRP 92-43) subject to the following findings and the conditions of approval found in Exhibit "A": A. The project is consistent with the Criteria for Granting Use Permits, identified in Butte County Code Section 24-222, as follows: 1. The proposed use is allowed in the applicable zone. The project site is located within the AG -40 (Agriculture — 40 -acre minimum) zone, which allows surface mining operations with the approval of a Conditional Use Permit (CUP). The existing CUP currently allows surface mining operations on the project site, and would continue to allow for surface mining operation until the expiration of AV?P 92-43 or the revocation of said permit. 2. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. Existing land uses surrounding the project site include agricultural and residential uses to the north, west and south; the Vance Avenue Pit #1, a surface mining operation with an active CUP, located to the west; and, the Oroville Wildlife Recreation Area, a public recreational area, located to the east. The existing uses surrounding the project site have not changed since approval of AMP 92-43. The project will continue to adhere to conditions of approval of MRP 92-43, ensuring that the operating characteristics of the mine will be compatible with surrounding land uses. 3. The proposed use will not be detrimental to the public health, safety, and welfare of the County. With approval of MRP 92-43, the surface mining operation has incorporated conditions of approval that significantly reduce health and safety hazards, and to comply with State and local regulations. Except for extending the expiration date Page 2 of 5 of the permit, all terms, conditions and requirements of MRP 92-43 will continue to apply. 4. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. The subject property has adequate infrastructure to support the surface mining operation, including having access roads to serve the anticipated traffic levels. 5. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The subject property is sized adequately to encompass the permitted mine operation, ensuring that operations are buffered from surrounding uses to reduce the adverse effects of noise, dust, and traffic. B. The project is consistent with the applicable Goals and Policies of the Butte County General Plan, as presented in the General Plan Consistency Review included in the staff report. DULY PASSED AND ADOPTED this 10' Day of May, 2018, by the following vote: AYES: Commissioners Chase, Dontai, John, and Chair Grundmann NOES: ABSENT: Commissioner Kennedy ABSTAIN: Larry Grup m n, Chair Planning Co mission County of Butte, State of California ATTEST: im McMillan, cretary 1 ning Commission County of Butte, State of California Page 3 of 5 EXHIBIT A MINING PERMIT BUTTE COUNTY PLANNING COMMISSION May 10, 2018 DATE: MIN18-0001(Amendment No. 2 to MRP 92-43) PERMIT NO. ASSESSOR'S PARCEL NO. 025-280-0199 025-280-020 Mining Permit, Reclamation Plan and Use Permit (Mining and Reclamation Plan MRP 92-43) are amended pursuant to Butte County Code Section 13-110(e) [Surface Mining and Reclamation] and Section 24-251 [Permit Revocation or Modification]. This approval amends Condition No. 1 of Mining Permit MIN 16- 0001 and Condition No. 13 of MRP 92-43, extending the expiration date of the approved Mining Permit an additional one (1) year to June 15, 2019. I. GENERAL REQUIREMENTS, CONDITIONS AND RESTRICTIONS: 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of said Mining Permit, Use Permit and Reclamation Plan constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code Section 13-121 and Butte County Zoning Ordinance Section 24-251. 2. Unless otherwise provided for in a special condition to this Conditional Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Conditional Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Butte County Code Section 24- 248 shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Article 36 of Butte County Zoning Code, the Planning Commission may extend any time limitation previously made a part of any condition to a Conditional Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Page 4 of 5 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke the Permit. H. CONDITIONS OF APPROVAL: Note. Except as specifically provided herein, all terms, conditions and requirements of ming and Reclamation Plan MRP 92-43 shall continue to apply. Planning Division, Department of Development Services 1. Expiration of the Mining Permit MINI 8-0001 (Amendment No. 2 to MRP 92-43) shall occur in one (1) year or June 15, 2019. Extension to the time limits require approval by the Planning Commission. III. APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL: I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this Mining Permit, and that I agree to abide fully by said conditions. Dated: Applicant Page 5 of 5