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HomeMy WebLinkAboutIMPACT STATEMENT MITIGATION MEASURES AND FINDINGS OF FACT FOR THE M AND T CHICO RANCH MINEEXHIBIT 1 Impact Statement, Mitigation Measures and rinarngs ur ract tur Lila ina 1 1W1111C Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact LAND USE Impact 4.2-1: Land Use Incompatibility The proposed project will result in land uses that Mitigation Measure 4.2-1a: Implementation of The Planning Commission hereby directs the would be incompatible with the existing and Mitigation Measures 4.6-1 through 4.6-9 for traffic mitigation measure (s) to be a condition (s) of the planned land uses in the vicinity. This is a impacts, 4.8-1a through 4.8-2b for noise impacts project. The Planning Commission finds that this potentially significant impact. and 4.9-1a through 4.9-3 for impacts to mitigation measure will reduce the impact to a aesthetics will reduce this impact to a less than less -than -significant level. significant level. Impact 4.2-2: Consistency with Butte County General Plan and with the Butte County Zoning and Mining Ordinance This scenario will be consistent with the policies No mitigation -is required. Less than significant impact. Findings not of the Butte County General Plan and with the required. Butte County Zoning and Mining Ordinance. This is a less than significant impact. Impact 4.2-3: Conversion of Agriculture This scenario will result in the permanent No mitigation is required. Less than significant impact. Findings are not conversion of up to 193 acres of non -prime required. farmland to, mining uses, and eventually to open space water and wildlife habitat uses. This is a less than significant impact. GEOLOGY Impact 4.3-1 Seismicity Expected seismic activity within the project Mitigation Measure 4.3-1: The Planning Commission hereby directs the vicinity could result in seismically induced ground The Applicant has incorporated a 3H: IV slope for mitigation measure (s) to be a condition (s) of the shaking and damage to mine facilities or final slopes into the project design to provide an project. The Planning Commission finds that this reclamation features. This is a less than adequate safety factor. No additional mitigation mitigation measure will reduce the impact to a significant impact. is required. less -than -significant level. Impact Statement Impact 4.3-2: Slope Failure Seismic shaking at the project site could result in both ground and slope failure and damage to reclamation features of the excavation area. This is a less than significant impact. Proposed Project Without Batch Plants Scenario Mitigation F_ Measures Impact 4.3-3: Subsidence and/or Liquefaction Expected seismic activity at the project site could result in subsidence and/or liquefaction of the project site. This is a less than significant impact. Impact 4.3-4: Topographic Modification, Com The proposed project will result in a permanent modification of the site's topography, disruption of native soils, compaction of soils, and displacement of soils as a result of on-site excavation and processing activities. This is a less than significant impact. Impact 4.3-5: Soil Resources The proposed project will convert approximately 193 acres of non -prime farmland to a non- agricultural use. This is a less than significant Mitigation Measure 4.3-2: The Applicant has incorporated a 3H:1V slope for final slopes into the project design to provide an adequate safety factor. No additional mitigation is required. Mitigation Measure 4.3-3: Any structures proposed on-site including offices, and related facilities will shall be appropriately designed and constructed in accordance with the seismic safety requirements of the California Uniform Building Code and other requirements of the Butte County Building Division of the Development Services Department. Therefore, no mitiaation is reauired. action, and Disruptions of Soils No mitigation is required. No mitigation is required. HYDROLOGY AND WATER QUALITY Impact 4.4-1: Groundwater Resources The proposed project will not result in significant No mitigation is required. impacts to groundwater resources. Impact 4.4-2: Groundwater Quality Associated with Facilities Operation Equipment servicing, refueling, and other Mitigation Measure 4.4-2a: operations in the processing area could result in Any sumps or detention ponds used to contain contaminants being delivered to the water table runoff from within the servicing and refueling Exhibit 1- Findings of Fact Page 2 of 28 of Fact The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. Less than significant impact. Findings are not required. Less than significant impact. Findings are.not required. Less than significant impact. Findings are not required. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this Impact Statement directly beneath the processing area. This is a potentially significant impact. Impact 4.4-3: Pit Water Quality Exposure of the water table through mining activities could result in contaminants being discharged to groundwater. This is a potentially significant impact. Proposed Project Without Batch Plants Scenario Mitigation Measures area shall be located where there is a minimum of five feet of separation between the bottom of the sump and the seasonal high water table. If this criterion cannot be met because the proposed locations of sumps are in locations where the elevation difference between the bottom of the sump and the seasonal high water table is less than five feet, then sumps shall be capped with either an impervious material or an 18 -inch layer of compacted fines which have a permeability at 90 percent relative compaction of no greater than 1.0 x 10 "8 cm/second. The above requirement is not extended to those sumps which will collect and recirculate process water. Mitigation Measure 4.4-2b: All equipment servicing and refueling shall be performed on impervious surfaces. Mitigation Measure 4.4-2c: Project proponent shall develop and implement a groundwater quality -monitoring plan acceptable to both Butte County and the Regional Water Quality Control Board. Mitigation Measure 4.4-3a: Runoff from the surfaces of the processing area shall be prevented from entering the pit by regrading the area between the pit and the processing area as necessary to ensure that runoff from the processing facilities will not flow to the proposed pit area. Mitigation Measure 4.4-3b: Flows in Little Chico Creek up to 2,000 cfs shall be prevented from entering the lake through construction of a low . levee/weir and bypass channel, which will prevent flows from entering the distributary Exhibit 1- Findings of Fact Page 3 of 28 Finding of Fact mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact channel. This mitigation measure is the same as Mitigation Measure 4.4-7c, as described by NorthStar, 2002). The created lake will be protected from floodwater entry up to approximately a ten-year recurrence interval flood from Little Chico Creek. The level of flood protection afforded by this measure by Sacramento River floodwaters is unknown, however, it is rational to expect that flood protection from that source will approximate a ten-year recurrence interval since it would be unusual for large floods from the Sacramento River, which is regulated, to more frequently overflow the new levee and bypass channel that floodwaters from Little Chico Creek. Typically, regional flooding is correlated with local flooding. Mitigation Measure 4.4-3c: The existing drainage ditch at the southern limit of the proposed pit, 'and all drainage ditches along the east side of the pit up to 1,000 feet beyond the project area shall be improved as necessary to increase their peak flow capacity to carry a 10-year recurrence interval peak flow. Similarly, a ditch of similar capacity shall be constructed along the western property boundary through any reaches x where the local topography slopes toward the proposed pit. The western ditch depending on the design, may be the same as the Little Chico Creek overflow diversion described above. All ditch construction within the 100-year floodplain shall be performed without side casting,, and all other ditch r improvements must be performed so as not to increase the heights of any existing berms Exhibit 1- Findings of Fact 'Page 4 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact alongside these ditches. Mining shall cease when the edge of the proposed pit is within 50 feet of the ditch along the southern boundary. This measure will eliminate runoff in contact with agricultural lands generated from local storms from entering the created lake at a frequency; on average, of greater than ten years. Since no side casting is allowed, these agricultural drainage ditches cannot prevent the entry of floodwaters backing into the area from the Sacramento River. The exception is the ditch to be constructed along the western property boundary, which is specifically designed to give the proposed pit flood protection from Little Chico Creek. Mitigation Measure 4.4-3d: Mining shall not be performed with the use of a dredge boat without prior review by Butte County. All motorized mining equipment, when not in use, shall be parked more than 50 feet from the edge of the pit during normal operations. When no mining occurs for more than a 14 -day period, all motorized equipment must be removed to areas which do not drain into the proposed pit. All refueling will be conducted at a distance greater " than 50 feet from the edge of the pit. Any soil ' contaminated by fuel or hydraulic fluid must be removed in accordance with measures to be specified as required by the Central Valley Regional Water Quality Control Board. Mitigation Measure 4.4-3e: Applicant shall develop a ground- water monitoring program to be approved by the Central Valley Regional Water Quality Control Board and Butte County. If monitoring shows that drinking water standards Title 22 of the California State Code of Exhibit 1- Findings of Fact Page 5 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact Regulations) are not being met either at the property boundary nearest the proposed pit in a downgradient direction or at the Jones domestic well, due to degradation caused by the project, then Butte County, in Consultation with the Central Valley Regional Water Quality Control Board, shall rescind their operating permits, and no permit shall be re -issued until such time as a groundwater remediation plan has been implemented, groundwater at the property boundary once again meets drinking water standards, and additional measures, as approved by Butte County, have been implemented to prevent future degradation.. The term "caused by the project" shall be interpreted as any increase in contaminant concentrations between the upgradient baseline monitoring well above the proposed operations area and the downgradient monitoring locations which exceed drinking water standards. Monitoring, at a minimum shall consist of . monitoring of two wells. One located up -gradient of the proposed pit and operating area, and another approximately 1,000 feet south from the northwest corner of the pit. As mining proceeds _ additional wells shall be installed; one located mid -way between the north and south edges of the pit near the western property boundary, and the other 25 feet from the ultimate southwest corner of the pit. Figure 4.4-13, Proposed Monitoring Well Locations, shows suggested t locations for the monitoring wells proposed under this mitigation measure and Mitigation Measure 4.4-2c. The wells shall be monitored four times a year each year during the life of operations within the first week of April, July, August, and Exhibit 1- Findings of Fact Page 6 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact September. Once the edge of pit progresses to within 500 feet of the next down -gradient well, that well shall be monitored and monitoring of the upslope well shall cease. Samples shall be composites formed by sampling within two feet below the water table, and combining with an equal volume of water 20 feet below the water table. Samples will be analyzed for turbidity, fecal coliform, diesel and BTEX compounds. Additionally, pesticides commonly used in the vicinity shall be sampled annually. The selection of pesticides to be analyzed shall be approved by the Central Valley Regional Water Quality Control Board and Butte County. Additionally, Applicant shall monitor the domestic well on what is referred to as the Jones' parcel if the property owners grant permission for monitoring. Monitoring shall consist of drawing tapwater samples. Samples. shall be analyzed for turbidity, fecal coliforms, benzene, and atrazine. Prior to the onset of mining, at least three samples, taken on a monthly interval, shall be taken from the Jones' domestic water supply to establish a baseline from which subsequent samples shall be'compared. Following the baseline sampling, monitoring shall consist of two phases; an intensive Phase A, and a routine Phase B. During Phase A samples shall be taken weekly for 12 consecutive weeks beginning June 1. Phase A shall take place during the first irrigation season after mining operations have commenced, and, at the discretion of Butte County, the second irrigation season after mining begins. Additionally, Phase A sampling shall occur the first irrigation season following a flood where floodwaters enter the proposed pit. Phase B sampling shall take place whenever Phase A Exhibit 1- Findings of Fact Page 7 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact sampling is not taking place and shall consist of sampling on the first week of April, July, August, and September. Phase B monitoring will continue for at least four years after all Phase A monitoeing is completed. After that, all monitoring of the Jones' parcel water supply may be discontinued if Butte County determines that contaminant concentrations at the Jones' parcel well never exceed those at the project monitoring well(s). In lieu of monitoring the Jones' domestic water supply as specified above, applicant may undertake one of two alternatives if requested by the Jones' parcel owners prior to discontinuing the monitoring described above. It shall be at the discretion of the Jones' parcel owners which of the two alternatives they wish to accept, if any. The alternatives consist of either replacing the existing domestic well with a new well of equivalent capacity which draws water only from the lower aquifer, or installing a filter system capable of reliably furnishing water meeting drinking water standards. Applicant shall pay for all costs associated with replacing the existing well and increased pumping costs, or the costs of installing and maintaining, in perpetuity, a filter system. Impact 4.4-4: Stormwater Dischar es Stormwater discharges from the processing No mitigation is required. Less than significant impact. Findings not facilities could enter Little Chico Creek. This is a required. less than significant impact. Exhibit 1- Findings of Fact Page 8 of 28 Proposed Project Without Batch Plants Scenario I Impact Mitigation Statement I Measures Finding of Fact Impact 4.4-5: Erosion of Buffer Between Little Chico Creek and the Proposed Pit Floodwaters could flow over the 50 -foot wide buffer between Little Chico Creek and the northern edge of the pit, thereby linking surface flows from Little Chico Creek to the groundwater in the pit. This is a potentially significant impact. Impact 4.4-6: Creek Migration Little Chico Creek could migrate laterally through the proposed 50 -foot buffer strip separating the creek from the pit edge along the northern boundary of the proposed pit. This could result in a direct linking of surface and groundwater, and a possible abandonment of the existing channel alignment, diminishing existing riparian habitat. This is a potentially significant impact. Impact 4.4-7: Flooding Placement of dikes or fill within the processing area to raise it above the 100 -year floodplain elevation could result in some increase in the frequency of flooding of River Road. Elimination of the existing distributary at the north end of the proposed pit for groundwater quality protection could result in increased flooding of the Jones' parcel. These are potentially significant impacts Mitigation Measure 4.4-5: The slope between the buffer strip and the actively mined area shall be designed by a licensed civil engineer to prevent erosion. Suitable measures may include both structural and vegetative, if it can be demonstrated that a combination of a gentle slope, in conjunction with vegetation can prevent erosion from Little Chico Creek overflows. The design shall consider the potential concentration of floodwaters, the lowest expected antecedent water surface elevation in the proposed pit, and scour/undermining of the toe of the slope. Butte County must approve the design prior to initiation of the project. A design report shall be submitted along with plans. Mitigation Measure 4.4-6: No excavation or,grading shall occur within 100 feet from the bank of Little Chico Creek. Mitigation wetlands proposed within this zone may be relocated.The mine pit excavation area shall maintain a minimum setback of 100 feet from the bank of Little Chico Creek to avoid potential lateral migration of the creek. Mitigation Measure 4.4-7a: Applicant shall remove the existing levee on the east side of Little Chico Creek and replace it with setback levees at the same elevation. A by-pass channel will be constructed to convey flows overtopping the new setback levees back to the creek through new, larger culverts. Plans shall be approved by Butte County prior to construction. Exhibit 1- Findings of Fact Page 9 of 28 The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. f Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact This measure will increase the floodway width which will decrease the 50 -year flood depth by 0.6 feet (NorthStar Engineering, 2002) and with its implementation, it is expected that there will be no impact on flooding in the Sacramento River floodplain. Mitigation Measure 4.4-7b: Applicant shall enter into an agreement with Butte County to either, construct or fund the costs of raising the existing low water crossing on River Road near the gas well site by up to three feet and installing larger culverts within three years of use permit 'approval. Plans shall be approved by Butte County Public Works Department prior to construction. Mitigation Measure 4.4-7c: Applicant shall install a bypass channel to convey flows formerly conveyed by the distributary channel around the proposed pit area. The overflow weir and adjoining bypass channel will be designed such that elimination of the distributary will not result in increased flooding depths or duration on the Jones' parcel. The bypass channel shall maximize, to the extent possible, use of native plant materials in the design to control erosion. Plans shall be approved by Butte County prior to construction. i Impact 4.4-8: Flooding Storage and Groundwater Recharge Creation of the proposed pit will result, at the No mitigation is required as this is a beneficial Less than significant impact. Findings not, end of operations, in approximately 1,000 acre- impact. required. feet of available floodwater storage and the same amount of potential groundwater' . recharge. This will be a beneficial impact. AIR QUALITY Im act 4.5-1: Fugitive Dust Emissions Exhibit 1- Findings of Fact Page 10 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact The topsoil removal, aggregate processing, and Mitigation Measure 4.5-1a: Unpaved haul The Planning Commission hereby directs the truck and equipment travel on-site will produce a roads, service roads, and plants areas shall be mitigation measure (s) to be a condition (s) of the net increase of fugitive PM1o. Compliance with treated with water or chemical stabilizers in project. The Planning Commission finds that this BCAQMD rules will reduce impacts by controlling sufficient quantity and frequency as necessary to mitigation measure will reduce the impact to a emissions to within Action Level A thresholds for meet the following standards: less -than -significant level. PM10. This is a less than significant impact. . No visible emissions extending beyond the property line (BCAPCD Rule 207); and • No visible emissions as dark or darker than Ringlemann 2 or 40% opacity for a period or periods aggregating more than three a minutes in one hour determined using EPA Method 9. (BCAPCD Rule 202); or Any future standard respecting fugitive dust or visible emissions that is more stringent than the standards in paragraphs a and b that is adopted or amended by the Butte County APCD subsequent to the approval of the project. Mitigation Measure 4.5-1 b: Truck and mobile equipment speeds on interior haul roads shall not exceed 15 miles per hour. Speed limits shall be posted. Mitigation Measure 4.5-1c: Excavation areas shall be treated with water during topsoil removal phases. As excavation areas are completed and final depths are reached, revegetation shall be implemented as stipulated in the Reclamation Plan. Mitigation Measure 4.5-1d: Permanent roads from public streets to the processing or loading facilities shall be graveled or paved to reduce the use of unpaved roads. Mitigation Measure 4.5-1e: Wet sweeping shall be performed on heavily -used on-site paved roads and within 500 feet of the access roads for Exhibit 1- Findings of Fact Page 11 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact the aggregate plants as necessary to control on- site and track-out dust. Mitigation Measure 4.5-1f: A truck spraying facility shall be constructed and operated near the exit of the aggregate plants. Mitigation Measure 4.5-1g: The aggregate Operator shall set up a 24-hour anemometer at the plant site to monitor wind speeds. If wind gusts exceed 20 miles per hour as defined by the BCAQMD, the Operator shall terminate topsoil removal and hauling on-site until the high wind abates. Times that the above water table mining operations are shut down shall be logged and included in the annual mine inspection report required by SMARA. Mitigation Measure 4.5-1h: Topsoil storage piles shall be covered with gravel/rock or seeded with an erosion control seed mix to prevent wind- blown dust. Impact 4.5-2: Increases in Air Contaminant Emissions from Vehicles and Equipment Engine exhaust emissions from excavation No mitigation is required. Less than significant impact. Findings not equipment will contribute to a net increase of required. criteria pollutants including NOx, CO, and ROG. This is a less than significant impact. Impact 4.5-3: Increases in Air Contaminant Emissions from Plant Operations Emissions from the operation of an asphalt batch No mitigation is required. Less than significant impact. Findings not plant at a currently permitted location contributes required. to a net increase of criteria pollutants including NOx, CO, and ROG within the NSVAI3. This is a less than significant impact. Impact 4.5-4: Increases in Toxic Air Contaminant Emissions from Transportation and Batch Plant Operations Emissions from diesel-fueled vehicles and No mitigation is required. Less than significant impact. Findings not equipment, and from asphalt manufacturing will required. result in an increase in toxic air contaminant emissions. The estimated health risk from these Exhibit 1- Findings of Fact Page 12 of 28 Impact Statement emissions is less than one -in one million. These emissions are less than the BCAQMD threshold of significance and are therefore considered less than significant. Impact 4.5-5: Addition to CO Hot Spots Certain intersections in vicinity of the project will experience congestion under cumulative conditions. Carbon monoxide emissions from vehicle traffic will increase at congested intersections due to increased idling time. Under BCAQMD thresholds of significance, the creation of a CO hot spot is a significant impact. Proposed Project Without Batch Plants Scenario Mitigation T_ Measures There are no feasible mitigation measures to reduce traffic congestion at the impacted intersections. The air quality impacts are a direct result of traffic congestion. Therefore, there are no feasible mitigation measures for the air quality impacts. This is a significant, unavoidable impact. TRAFFIC Impact 4.6-1: Ord Ferry I Little Chico Creek Brid e The proposed project will add 10 or more trips Mitigation Measure 4.6-1: per day to the bridge on Ord Ferry Road at Little The project Applicant shall contribute a fair share Chico Creek under existing and future conditions. contribution to improve reconstruct the bridge on This bridge is 20 feet wide, which is less than the Ord Ferry Road at Little Chico Creek. The fair 24 -foot minimum standard. This is considered a share contribution amount should be based upon significant impact_. the relative proportion of project vehicles traveling on the bridge. The implementation of this mitigation measure shall occur before building permits are granted. Impact 4.6-2: River Road between Chico River Road and Ord Ferry Road The proposed project will add 25 or more truck The project Applicant shall contribute its fair share trips, which cause an increase in the Traffic Index of the costs to improve the pavement on River (TI) of 0.5 or greater on a County maintained Road between Chico River Road and Ord Ferry Exhibit 1- Findings of Fact Page 13 of 28 of Fact The Planning Commission finds that there are no additional feasible mitigation measures or alternatives that the Planning Commission Could adopt at this time which would reduce this impact to an acceptable (less -than - significant) level. The impact, therefore, remains significant and unavoidable. To the extent that this adverse impact will not be eliminated or lessened to an acceptable level, the Planning Commission finds that specific economic, social, and other considerations identified in the Statement of Overriding Considerations support approval of the Project as modified, despite unavoidable significant impacts. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The'Planning Commission finds that this Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact roadway. Road with a two-inch asphalt concrete overlay. The mitigation measure will reduce the impact to a fair share amount shall be based on the increase in less -than -significant level. ESALs, which is 510/6. Butte County Public Works estimates the cost of this improvement to be approximately $1,200,000. Therefore, the Applicant's fair share cost would be about $40,000 per year. The Public Works Department has indicated that the fee shall be submitted annually based on the tonnage of material that is hauled from the project site and shall be relative to an inflation index. Based on the information contained in Table 4.6-9, the cost per ton of material hauled from the project site would be approximately $0.08. The project applicant shall contribute its fair share of the cost to maintain the asphalt concrete pavement on the following roads over the 30 year life of the project: • River Road; between Chico River Road and Ord Ferry Road; • Ord Ferry Road; between County Line and Dayton Road; • Durham Dayton Road; between Dayton Road and SR 99; • Dayton Road; between Ord Ferry Road and Chico City Limit; • Hegan Lane; between Dayton Road and Midway; and - • Chico River Road; between River Road and Chico City Limit. Road Maintenance shall include a chip seal surface treatment every 10 years with M & T Chico Ranch Mine project's fair share contribution based on the projected net increase in ESALs as shown in the attached Table A. Based on the information Exhibit 1- Findings of Fact Page 14 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact contained in Table A, the cost per ton of material hauled from the project site would be approximately $0.06 and shall be relative to an inflation index. If maintenance costs are rolled into a single fee per ton of material extracted, the mitigation fee shall be made up of $0.08 per ton for the overlay on River Road, plus $0.01 per ton for the improvements to the Ord Ferry Bridge, and the installation of a signal at Midway and Durham Dayton highway, for a total of $0.09 per ton of material removed from the site. The amount intended to compensate for the extra maintenance required due to the increased truck traffic, shall be $0.06 per ton of material extracted. These fees shall be deposited by the operator into the Butte County Road Fund, and shall be adjusted for inflation based upon the change in the Construction Cost Index for San Francisco, during the month of January of each year. These fees shall cease to be collected should the County impose a countywide tax or fee.for road maintenance based upon weight of materials moved over the roads. Exhibit 1- Findings of Fact Page 15 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Findin of Fact Impact 4.6-3: Dayton Road and Durham/Da ton Highway The proposed project will add 10 or more trips Recent improvements to this intersection include Less than significant impact. Findings not per day to the intersection of Dayton implementation of four-way stop -sign control. required. Road/Durham-Dayton Hwy. This intersection has This improvement will likely reduce the impact at been identified as a location having 4 or more this location. No mitigation measure can accidents in a 12 -month period over the last eliminate the occurrence of accidents at this three years. This location also had more than one location. However, with the identified accident over a 12 -month period, which involved improvements, this is no longer considered a heavy vehicles. significant impact by Public Works and no mitigation is required for this project. Impact 4.6-4: SR32IWest 5"' Street The proposed project will add 10 or more trips per day to the intersection of SR 32/West 5` Street. This intersection has been identified as a location having 4 or more accidents in a 12 - month period over the last three years. This location also had more than one accident over a 12 -month period, which involved heavy vehicles. This is considered a significant impact. Mitigation Measure 4.6-4: The project Applicant shall contribute a fair share contribution to improve the intersection of SR 32/West 5`h Street by modifying the existing traffic signal to provide split phase timing, including three seconds of yellow time and one second of all -red time per phase. The fair share contribution amount should be based upon the relative proportion of project vehicles traveling through the impacted intersection. Exhibit 1- Findings of Fact Page 16 of 28 The Planning Commission finds that there are no additional feasible mitigation measures or alternatives that the Planning Commission Could adopt at this time which would reduce this impact to an acceptable (less -than -significant) level. The impact, therefore, remains significant and unavoidable. To the extent that this adverse impact will not be eliminated or lessened to an acceptable level, the Planning Commission finds that specific economic, social, and other considerations identified in the Statement of Overriding Considerations support approval of the Project as modified, despite unavoidable significant impacts. r Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact Impact 4.6-5: Park Avenue/East 20 Street/East Park Avenue The proposed project will exacerbate LOS F No feasible mitigation measure will reduce the The Planning Commission finds that there are operating conditions on Park Avenue from East level of impact to this roadway segment. This is no additional feasible mitigation measures or 20th Street to East Park Avenue under cumulative considered a significant, unavoidable impact. alternatives that the Planning Commission conditions. Could adopt at this time which would reduce this impact to an acceptable (less -than - significant) level. The impact, therefore, remains significant and unavoidable. To the extent that this adverse impact will not be eliminated or lessened to an acceptable level, the Planning Commission finds that specific economic, social, and other considerations identified in the Statement of Overriding Considerations support approval of the Project as modified, despite unavoidable significant impacts. Impact 4.6-6: East Park Avenue/Park Avenue/ ighway 99 The proposed project will exacerbate LOS F No feasible mitigation measure will reduce the The Planning Commission finds that there are operating conditions on East Park Avenue from level of impact to this roadway segment. This is no additional feasible mitigation measures or Park Avenue to Highway 99 under cumulative considered a significant, unavoidable impact. , alternatives that the Planning Commission conditions. Could adopt at this time which would reduce this impact to an acceptable (less -than - significant) level. The impact, therefore, remains significant and unavoidable. To the extent that this adverse impact will not be eliminated or lessened to an acceptable level, the Planning Commission finds that specific economic, social, and other considerations identified in the Statement of Overriding Considerations support approval of the Project as modified, despite unavoidable significant impacts. Exhibit 1- Findings of Fact Page 17 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact Impact 4.6-7: Bruce Road/SR 321Sk wa The proposed project will exacerbate LOS E No feasible mitigation measure will reduce the The Planning Commission finds that there are operating conditions on Bruce Road from SR 32 level of impact to this roadway segment. This is no additional feasible mitigation measures or to Skyway under cumulative conditions. considered a significant, unavoidable impact. alternatives that the Planning Commission Could adopt at this time which would reduce this impact to an acceptable (less -than - significant) level. The impact, therefore, remains significant and unavoidable. To the extent that this adverse impact will not be eliminated or lessened to an acceptable level, the Planning Commission finds that specific economic, social, and other considerations identified in the Statement of Overriding Considerations support approval of the Project as modified, despite unavoidable significant impacts. Impact 4.6-8: Baldwin Plant Driveway/Skyway The proposed project will exacerbate LOS F Mitigation Measure 4.6-8: Improvements to the The Planning Commission finds that there are operating conditions in the a.m. peak hour and median crossing, acceleration/decelera-tion no additional feasible mitigation measures or LOS D in the p.m. peak hour at the intersection lanes, improved signing and striping, and alternatives that the Planning Commission of the Baldwin Plant Driveway and Skyway under channelization of the driveway approach could Could adopt at this time which would reduce cumulative conditions. improve the safety characteristics of this this impact to an acceptable (less -than - intersection. In addition, signalization of the significant) level. The impact, therefore, Skyway /Honey Run Road (anticipated by 2005) remains significant and unavoidable. To the may provide sufficient gaps in through traffic on extent that this adverse impact will not be Skyway to improve egress from the driveway. eliminated or lessened to an acceptable level, However, no feasible mitigation measure will . the Planning Commission finds that specific reduce the level of impact to this roadway economic, social, and other considerations segment. This is considered a significant identified in the Statement of Overriding unavoidable impact. Considerations support approval of the Project as modified, despite unavoidable significant impacts. Impact 4.6-9: Durham -Dayton Highway/Midway The proposed project will exacerbate LOS F Mitigation Measure 4.6-9: The project The Planning Commission hereby directs the operating conditions in the a.m. peak hour and Applicant shall contribute a fair share contribution mitigation measure (s) to be a condition (s) of the Exhibit 1- Findings of Fact Page 18 of 28 Proposed Project Without Batch Plants Scenario Impact Statement p.m. peak hour at the intersection of the Durham - Dayton Highway and Midway under cumulative conditions. Mitigation Measures to install a traffic signal and improve lane configurations with a left -turn lane and shared through/right-turn lane on each approach of the Durham -Dayton Highway and Midway intersection. With this improvement this intersection will operate at LOS C under cumulative project conditions. The fair share contribution amount shall be based upon the relative proportion of project vehicles traveling through the impacted intersection. BIOLOGICAL RESOURCES Impact 4.7-1: Loss of Non -Native Grassland and Dryland Agriculture Habitat The proposed project would result in the Mitigation Measure 4.7-1: Slopes along the permanent loss of approximately 193 acres of perimeter of the created lake shall be actively annually tilled, non-native grassland and dryland revegetated, where necessary, to supplement agriculture to open water and wetland habitat. natural colonization of plant species as part of This is a potentially significant impact: site reclamation to meet the performance standards specified by SMARA. Specific areas for supplemental revegetation will be identified using collected data following one year of monitoring natural colonization. Additional requirements specified by state or federal agencies shall be incorporated into the final revegetation plan. The revegetation program shall specify planting and maintenance " techniques, with a detailed monitoring program to evaluate restoration success. Impact 4.7-2: Loss of Habitat, Disruption of Movement Patterns, and Noise The proposed project would disturb existing No mitigation is required. wildlife through loss of habitat, disruption of natural movement patterns, and noise. This is a less than significant impact. Exhibit 1- Findings of Fact Page 19 of 28 Finding of Fact project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. Less than significant impact. Findings not required. I Proposed Project Without Batch Plants Scenario Impact 7 Mitigation -Measures Statement Finding of Fact impact 4.7-3: Swainson's Hawk Habitat Loss The proposed project will result in the loss of Mitigation Measure 4.7-3: The Planning Commission hereby directs the foraging habitat for Swainson's hawk. The Applicant shall be required to obtain a Take mitigation measure (s) to be a condition (s) of the Disturbance to Swainson's hawk during nesting Permit, pursuant to Section 2081 of the CDFG project. The Planning Commission finds that this may also occur. This is a potentially significant Code, prior to mining. The Section 2081 Permit mitigation measure will reduce the impact to a impact. will provide mitigation for the effects of mining on less -than -significant level. Swainson's hawk foraging and potential nesting habitat. Impact 4.7-4: Loss of Foraging and Nesting Habitat for Other Special -Status Species The proposed project will result in the loss of Mitigation Measure 4.7-4: The Applicant shall The Planning Commission hereby directs the foraging and, possibly, nesting habitat for other consult with CDFG to determine an appropriate mitigation measure (s) to be a condition (s) of the special -status species. Mining activities could buffer distance or other conditions to mining for project. The Planning Commission finds that this also disturb nesting for California black rail, if allowable mining activities during the nesting mitigation measure will reduce the impact to a present, in adjacent Angel Slough. This is a period of any special -status species. When these less -than -significant level_ potentially significant impact. requirements have been established a qualified biologist should conduct a pre -construction survey in spring to determine the presence of active nests for special -status birds and to determine the presence of northwestern pond turtles. If survey results are positive for raptor nests, California black rails or turtles, the best protection measures relative to mining in potential nesting habitat will be determined in consultation with CDFG. Exhibit 1- Findings of Fact Page 20 of 28 Impact Statement Impact 4.7-5: Bank Swallows The proposed project could result in the creation of temporary nesting sites for bank swallows. This is a potentially significant impact. Proposed Project Without Batch Plants Scenario Mitigation Measures Mitigation Measure 4.7-5: Slopes on stockpiled soils shall be graded to 2:1 for long-term storage to prevent use by bank swallows. At no time during the active breeding season (May 1 through July 31) shall slopes on stockpiles exceed 1:1, even on a temporary basis. Stockpiles shall be graded to a minimum 1:1 slope at the end of each workday where stockpiles have been disturbed during the active breeding season. If any vertical slopes are inadvertently created, these slopes shall be destroyed immediately following verification by a designated Environmental Monitor that no bank swallows have begun nesting there. If bank swallows have begun nesting, CDFG will be consulted as to the best strategy. Impact 4.7-6: Native Oaks and Mature Trees The proposed project will affect native oak trees Mitigation Measure 4.7-6: The oak grove and several mature Fremont cottonwood and red scheduled for preservation will be protected willow. This is.a potentially significant impact. during mining by the placement of temporary fencing or flagging along the dripline of each of the trees to prevent mining related damage. The, operator will place temporary fencing prior to pit development with potential for equipment to be within 50 feet of protected plants. Fencing need not be maintained once operations are beyond 50 feet. Impact 4.7-7: Modifications to Jurisdictional Wetlands The proposed project will impact jurisdictional Mitigation Measure 4.7-7: Potential impacts to wetlands. This is a potentially significant impact. jurisdictional wetlands shall be coordinated with the COE prior to project development to determine whether a permit is required. NOISE Impact 4.8-1: Excavation Noise Exhibit 1- Findings of Fact Page 21 of 28 of Fact The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level. Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact The proposed project will result in average Mitigation Measure 4.8-1a: Construction of an The Planning Commission hereby directs the equipment noise levels up to 65 dBA, Leq, at the Earthen Berm: The project Applicant has mitigation measure (s) to be a condition (s) of the closest residence. This is a potentially significant proposed construction of an earthen berm project. The Planning Commission finds that this impact. between the proposed mining activities and the • mitigation measure will reduce the impact to a nearest residence (Residence A) to mitigate this less -than -significant level. noise impact. The location of this berm is generally shown by Figure 4.8-7. ` Barrier effectiveness is dependant on the relative heights of the noise source and receiver, the frequency content of the noise source, as well as the distances from the noise source and receiver to the top of the barrier. Given the geometry of the proposed berm (approximate height 18 feet, approximately width 475 feet) relative to the ti mining area and nearest residence, this berm is predicted to reduce excavation noise levels by approximately 15 dB. The degree of attenuation is predicted to reduce excavation -related noise to approximately 50 dB Leq and 60 dB Lmax, which would comply with the project's standards of significance. Because the proposed berm is predicted to reduce mining -related noise levels to a state of compliance with the project's standards of significance, no additional mining -related noise mitigation measures are identified for this project. - However, because there is no margin of safety built into these calculations, follow-up noise level measurements shall be conducted as part of the mitigation monitoring program to ensure that the berm is providing the required degree of sound attenuation. In the event that those follow-up noise measurements indicate that the project's standards of significance are being exceeded, Mitigation Measure 4.8-1 b shall be implemented. Exhibit 1- Findings of Fact Page 22 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact Mitigation Measure 4.8-1b: Creation of Additional Setbacks from Mining Areas: Because the proposed berm is projected to provide sufficient attenuation of mining -related noise, additional mining setbacks are not recommended at this time. However, if the follow-up noise level measurements required in Mitigation Measure 4.8-1a indicate that the project's standards of significance are being exceeded even with the proposed berm, this measure should be implemented. As a general rule, sound decreases at a rate of about 6 dB per doubling of distance from the noise source for a noise source which generally . operates from a fixed location, such as an excavator or drag line. For example, if the mining setback from the nearest residence were increased from 300 feet to 600 feet, excavation - related noise levels would be approximately 6 dB lower than those expected with the 300 -foot setback. The specific setback distances, if required, will depend on the effectiveness of the proposed berm in reducing the excavation - related noise levels at the nearest residence (Residence A). Impact 4.8-2: Screen! ng/Crush in Noise Maximum and average noise levels generated by Mitigation Measure 4.8-2a: Shielding by The Planning Commission hereby directs the the crushing and screening plant equipment at Aggregate Stockpiles: Figure 4.8-1 shows that mitigation measure (s) to be a condition (s) of the the project site will be approximately 58 dB Lmax the proposed aggregate stockpile location is project. The Planning Commission finds that this and 53 dB Leq at the nearest residence. The north of the proposed processing equipment. As mitigation measure will reduce the impact to a average noise level would be approximately 3 dB a result, those stockpiles would provide shielding less -than -significant level. over the recommended 50 dB threshold. This is of the optional asphalt and concrete plants, but a potentially significant impact. not of the processing equipment, in the direction of the nearest residence to the south. Consideration should be given to locating one or more stockpiles between the noisiest processing Exhibit 1- Findings of Fact Page 23 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact equipment (crushers and screens) and that residence to the south. If stockpiles can be erected to intercept line of sight between that equipment and residence, a 5 dB attenuation can be expected. This degree of attenuation would reduce processing equipment noise to a state of compliance with the recommended standards of significance. Mitigation Measure 4.8-2b: Additional Processing Equipment Noise Control Measures: If stockpiles cannot be utilized to achieve compliance with the standards of significance, or if processing equipment noise levels still exceed those standards following construction of stockpiles, additional noise control measures shall be required. Specific noise control measures which could.be implemented include, but are not limited to, lining hoppers and chutes with heavy urethane sheets, utilizing urethane screen decks (rather than steel), and suspending acoustic curtains around specific equipment which is found to be the source of the noise level exceedance. Impact 4.8-3: Asphalt and Concrete Plant Noise No batch plant noise would be generated under No mitigation is required Less than significant this scenario. Therefore, no impacts relating to batch plant noise levels have been identified. Impact 4.8-4: Off-site Traffic Noise Increases in traffic noise will range from 0 to 2 No mitigation is required. Less than significant impact. Findings not dBA. This is a less than significant impact. required. AESTHETICS, LIGHT AND GLARE Impact 4.9-1: Initial Mine and Plant Construction Initial construction of the proposed project would Mitigation Measure 4.9-1a: The Applicant shall The Planning Commission hereby directs the reduce the visual quality of the project site. This prepare and implement a screen tree-planting mitigation measure (s) to be a condition (s) of the is a potentially significant impact. program to block views of the proposed mining project. The Planning Commission finds that this Exhibit 1- Findings of Fact Page 24 of 28 Impact Impact 4.9-2: Mining and Processing O era The proposed project Without Batch Plants Scenario would result in both temporary and permanent alteration of the visual quality of the site. This is a potentially significant impact. Proposed Project Without Batch Plants Scenario Mitigation operation for travelers along River Road and from the closest residence. These trees shall be planted along portions of River Road, and along lines of sight from -the closest residence. The species of trees shall be selected based on viability in that particular location, screening potential, and compatibility with other local and regional vegetation. These trees shall block views of the construction of the stationary facilities and provide additional screening of the completed facilities for the duration of the mining project. Mitigation Measure 4.9-1 b: As described in Section 4.8, Noise, an earthen berm shall be constructed to shield the dragline and dredging operations from the adjacent residence. This berm will also screen views from the adjacent residence. The berm shall be placed in the direct line -of -site between the residence and dragline or dredge operation. The berm shall be temporary and shall be revegetated with grasses for erosion control purposes and to be aesthetically pleasing. The constructed berm shall minimize nearby views of the stationary equipment and the dredge and dragline. The berm shall be removed during final reclamation. Mitigation Measure 4.9-2: Temporary stockpiles and/or berms shall be placed around stationary equipment to block line -of -sight views between processing equipment and the closest residence and along River Road near the northeastern portion of the site. As the processing facilities will be raised above the 100 -year floodplain these temporary berms and/or stockpiles would not displace any floodwaters. Exhibit,1- Findings of Fact Page 25 of 28 Finding of Fact mitigation measure will reduce the impact to a less -than -significant level. The Planning Commission hereby directs the mitigation measure (s) to be a condition (s) of the project. The Planning Commission finds that this mitigation measure will reduce the impact to a less -than -significant level, Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact Impact 4.9-3: Light and Glare The proposed project could result in extended Mitigation Measure 4.9-3: Should night The Planning Commission hereby directs the lighting for occasional nighttime mining operations occur, directional lighting and shields mitigation measure (s) to be a condition (s) of the operations. This is a potentially significant shall be used to minimize the distance at which project. The Planning Commission finds that this impact. light emanating from the project is visible. mitigation measure will reduce the impact to a less -than -significant level. Impact 4.9-4: Site Reclamation The proposed project would alter the visual No mitigation is required. Less than significant character of the site following reclamation. This is a less than significant impact. - Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact CULTURAL. RESOURCES"-. Impact 4.10-1: Disturbance of Subsurface Archaeological, Historic, or Cultural Resources The proposed project has the potential to result Mitigation Measure 4.10-1a: The specific study The Planning Commission hereby directs the in the disturbance of subsurface archaeological, is based on the findings of an inventory -level mitigation measure (s) to be a condition (s) of the historic, or cultural resources. This is a surface survey only. There is always the project. The Planning Commission finds that this potentially significant impact. possibility that potentiallysignificant unidentified mitigation measure will reduce the impact to a cultural materials could inadvertently be less -than -significant level. encountered on or below the surface during the course of proposed future development or construction activities. In such a situation, archaeological consultation shall be sought immediately. Mitigation Measure 4.10-1b: In order to ensure proper identification of any cultural materials that might inadvertently be encountered during future development, construction, or gravel extraction work, the County's use permit shall include a provision for training of field personnel in identification procedures, prior to implementing the quarry construction operation. The training shall take the form of a 1/2 day seminar in which a professional archaeologist shall review with operations personnel the natural and cultural history of the project area, archaeological sensitivity, the most likely locations of buried cultural materials, and what kinds of cultural materials would be seen if prehistoric cultural materials are in fact unearthed. The seminar shall conclude with specific instructions on how to address such discoveries and what immediate actions to take. Impact 4.10-2: Disturbance of Cultural Resources The proposed project will not disturb any listed No mitigation is required. Less than significant impact. Findings not cultural resources. This is a less than significant required. impact. Impact 4.10-3: Unique Cultural Values or Religious or Sacred Uses Exhibit 1- Findings of Fact Page 27 of 28 Proposed Project Without Batch Plants Scenario Impact Mitigation Statement Measures Finding of Fact The proposed project is not known to be the site No mitigation is required. Less than significant impact. Findings not of any unique cultural values or existing religious required. or sacred uses that would be affected or restricted by the project. This is considered a less than significant impact. Exhibit 1- Findings of Fact Page 28 of 28 X EXHIBIT 2 M&T CHICO RANCHNINE BUTTE COUNTY, CALIFORNIA MITIGATION MONITORING AND REPORTING PROGRAM MONITORING REPORT Lead CEQA Agency: COUNTY OF BUTTE Oroville, California Prepared by.- RESOURCE y.RESOURCE DESIGN TECHNOLOGY, INC. 4509 Golden Foothill Parkway, Suite 2 EI Dorado Hills, California 95762 FEBRUARY 2007 ' EXHIBIT 2 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT This Mitigation Monitoring and Reporting Plan (MMRP) has been developed for the M&T Chico Ranch Mine Project to ensure compliance with mitigation specified in the Final EIR for the project. The purpose of this document is to provide. a framework from which the lead agency can adequately monitor, document, and report that the mitigation has been implemented. For purposes of clarity, this MMRP restates each final mitigation measure and provides a format for monitoring reporting. CEQA (Guidelines Section 15091, subdivision (d)) requires that the mitigation measures being monitored or the subject of reporting must be "fully enforceable through permit conditions, agreements, or other measures." Thus, this MMRP identifies what is to be done, when it is to be done, what standard will be used to measure effectiveness, and who is responsible for the action. Mitigation monitoring takes various forms and involves many different activities. For some environmental issues, such as those dealing with project design, monitoring will be a one- time assessment of adequacy. Other issues, such as noise, will be monitored initially to establish the adequacy of primary mitigation measures. Once adequacy is established, the County may allow monitoring to be discontinued. For still other issues, such as revegetation success and annual assessment of traffic -related fair -share payments, monitoring will continue throughout the life of the project. Once collected, monitoring information must be documented through a cooperative effort involving the Operator, the CEQA Lead Agency (in this case, the Butte County Planning Division, Department of Development Services), and other applicable agencies. The primary documentation of mitigation implementation and effectiveness is generally collated in the form of an annual mitigation status report and permit compliance review. Preparation of an annual Mitigation Status Report (MSR) is a key component of this MMRP for the M&T Chico Ranch Mine. This report will be required of the Operator to fulfill its responsibilities under the use permit entitlement. The purpose of this Report is to reduce the level of County monitoring by requiring the Operator to implement a rigorous self -inspection program which will include a reporting system that keeps the County apprised of field conditions on a regular basis. The report will be a matter of the public record regarding the implementation of the required mitigation measures. The annual MSR institutes a self -inspection and reporting program for measures with ongoing application. In addition to this self -reporting effort, the County may verify compliance through scheduled or unscheduled inspections. At a minimum, the County will verify the MSR data on an annual basis, as part of its required annual inspections under the California Surface Mining and Reclamation Act (SMARA). The County may also use objective third -party contract services to conduct monitoring and inspections. The applicant/owner is responsible for all costs associated with monitoring and reporting activities including but not limited to the hourly rate of County staff time, as approved by the Board of Supervisors and as amended, and any contract services as may be necessary to conduct such work on behalf of the County as determined by the Director or designee. M&T Chico Ranch Mine Monitoring Report EXHIBIT 2 Page 2 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.2-1 Requirement Implementation of Mitigation Measures 4'.6-1 through 4.6-9 for traffic impacts, 4.8-1a through 4.8-3b for noise impacts and 4.9-1a through 4.9-3 for impacts to aesthetics will reduce this impact to a less than significant level. Source of Requirement: Department of Development Services; EIR Measure Purpose: To reduce potential land use incompatibility. Standard for Determining Compliance Implementation of Mitigation Measures 4.6-1 through 4.6-9, 4.8-1a through 4.8-3b, and 4.9-1a through 4.9-3. Compliance Timing: Prior to operations, during operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING/ REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHED.ULIE / TIME FRAME Frequency: Annually Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 3of51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.3-1 and 4.3-2 Requirement The Applicant has incorporated a 3H:1 V slope for final slopes into the project design to provide an adequate safety factor. No additional mitigation is required. Source of Requirement: Department of Development Services; EIR Measure Purpose: To provide an adequate safety factor during seismic activity. Standard for Determining Compliance Operator shall submit annual confirmation by licensed surveyor or engineer that final slopes are minimum 3HAV. Compliance Timing: During operations, project reclamation RESPONSIBLE PERSONS) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Departmentof Development.Services ;MONITORING. SCHEDULE /-TIME FRAME Frequency: At completion of final slopes for each mining area Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 4of51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.3-3 Requirement Any structures proposed on-site including offices and related facilities shall be appropriately designed and constructed in accordance with the seismic safety requirements of the California Uniform Building Code and other requirements of the Butte County Building Division of the Development Services Department. Source of Requirement: Public Works Department; standard condition Purpose: To reduce potential seismic damage to structures to a less -than - significant level. Standard for Determining Compliance Issuance of Certificate of Occupancy. Compliance Timing: Prior to operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING /,REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE / TIME.FRAME Frequency: At construction completion Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 5of51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-2a Requirement Any sumps or detention ponds used to contain runoff from within the servicing and refueling area shall be located where there is .a minimum of five feet of separation between the bottom of the sump and the seasonal high water table. If this criterion cannot be met because the proposed locations of sumps are in locations where the elevation difference between the bottom of the sump and the seasonal high water table is less than five feet, then sumps shall be capped with either an impervious material or an 18 -inch layer of compacted fines which have a permeability at 90 percent relative compaction of no greater than 1.0 x 10 -8 cm/second. The above requirement is not extended to those sumps which will collect and recirculate process Water. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent contaminants from being delivered to the water table directly beneath the processing area. Standard for Determining Compliance Operator shall submit as -built design confirming requirements have been met. Compliance Timing:, Prior to operations ;RESPONSIBLE PERSON(S) OR'AGENCY FOR MONITORING,/REVIEW. Name: Director or designee Agency: Public Works Department MONITORING' SCHEDULE /TIME FRAME Frequency: At completion of sump construction Season: N/A MONITORING'ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 6of51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-2b Requirement All equipment servicing and refueling shall be performed on impervious surfaces. Source of Requirement: Department of Development Services; EIR Measure Purpose: To prevent contaminants from being delivered to the water table directly beneath the processing area. Standard for Determining Compliance Operator shall submit confirmation of designated servicing and refueling area with impervious surfaces. Compliance Timing: During operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: Annual Season: N/A ` MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine'Monitoring Report 7of51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-2c Requirement Project proponent shall develop and implement a groundwater quality -monitoring plan acceptable to both Butte County and the Regional Water Quality Control Board. Source of Requirement: Public Works Department; EIR Measure Purpose:, To prevent contaminants from being delivered to the water table directly beneath the processing area. Standard for Determining Compliance Approval of groundwater quality -monitoring plan by Butte County Public Works Department. Compliance Timing: Prior to operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department -MONITORING,SCHEDULE•/TIME FRAME Frequency: At completion of groundwater monitoring plan Season: N/A MONITORING ACTIVITY. Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-3a Requirement Runoff from the surfaces of the processing area shall be prevented from entering the pit by regrading the area between the pit and the processing area as necessary to ensure that runoff from the processing facilities will not flow to the proposed pit area. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent groundwater contamination due to exposure of water table through mining activities. Standard for Determining Compliance Operator shall submit confirmation by licensed surveyor or engineer that grading is completed as specified. Compliance Timing: Prior to operations RESPONSIBLE. PERSONS) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works MONITORING SCHEDULE./TIME FRAME Frequency: At completion of process area grading Season: N/A MONITORING. ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 9of51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 _ MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation. Measure 4.4-3b Requirement Flows in Little Chico Creek up to 2,000 cfs shall be prevented from entering the lake through construction of a low levee/weir and bypass channel; which will prevent flows from entering the - distributary channel. This mitigation measure is the same as Mitigation Measure 4.4-7c, as described by NorthStar, 2.002). The. created lake will be protected from floodwater entry up to approximately a ten-year recurrence interval flood from Little Chico Creek. The level of flood protection afforded by this measure by Sacramento River floodwaters is unknown, however, it is rational to expect that flood protection from that source will approximate a'ten-year recurrence interval since it would be unusual for large floods from the Sacramento River, which is regulated, to more frequently overflow the new levee and bypass channel that floodwaters from Little Chico Creek. Typically, regional flooding is correlated with local flooding. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent groundwater contamination due to exposure of water table through mining activities. This mitigation is the same as Mitigation Measure 4.4-7c and, thus will also serve as a flood control measure. Standard for Determining Compliance Operator shall submit as -built confirmation by licensed engineer that the.levee/weir and bypass channel are constructed as specified. Compliance Timing: Prior to operations start-up RESPONSIBLE PERSONS) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE / TIME FRAME Frequency: At construction completion Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format:. Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 10 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.473c Requirement The existing drainage ditch at the southern limit of the proposed pit, and all drainage ditches along the east side of the pit up to 1,000 feet beyond the project area shall be improved as necessary to increase their peak flow capacity to carry a 10 -year recurrence interval peak flow. Similarly, a ditch of similar capacity shall be constructed along the western property. boundary through any reaches where the local topography slopes toward the proposed pit. The western ditch, depending on the design, may be the same as the Little Chico Creek overflow diversion described above. All ditch construction within the 100 -year floodplain shall be performed without side casting, and all other ditch improvements.must be performed so as not to increase the heights of any existing berms alongside these ditches. Mining shall cease when the edge of the proposed pit is within 50 feet.of the ditch along the southern boundary. This measure will eliminate runoff in contact with agricultural lands generated from local storms from entering the created lake at a frequency, on average, of greater than ten years. Since no side casting is allowed, these agricultural drainage ditches cannot prevent the entry of floodwaters backing into the area from the Sacramento River. The exception is the ditch to be constructed along the western property boundary, which is specifically designed to give the proposed pit flood protection from Little Chico Creek. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent groundwater contamination due to exposure of water table through mining activities. Standard for Determining Compliance Operator shall submit confirmation by licensed engineer that drainages are constructed as specified. Compliance Timing: Prior to operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Agency: Public Works Department MONITORING SCHEDULE / TIME FRAME Frequency: At construction completion Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: M&T Chico Ranch Mine Monitoring Report 11 of 51 COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP t L M&T Chico Ranch Mine Monitoring Report 12 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-3d Requirement Mining shall not be performed with the use of a dredge boat without' prior review by Butte County. - All motorized mining equipment, when not in use, shall be parked more than 50 feet from the edge of the pit during normal operations. When no mining occurs for more than a 14 - day period, all motorized equipment must be removed to areas which do not drain into the proposed pit. All refueling will be conducted at a distance greater than 50 feet from the edge of the pit. Any soil contaminated by fuel or hydraulic fluid must be removed in accordance with. measures to be specified as required by .the Central Valley Regional Water Quality Control Board. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent groundwater contamination due to exposure of water table through mining activities. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations RESPONSIBL' E:.PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department MONITORING. SCHEDULE / TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: 'Submitted To: Verification of Compliance: By: Date: FOLLOW UP. M&T Chico Ranch Mine Monitoring Report 13 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-3e Requirement Applicant shall develop a ground -water monitoring program to be approved by the Central Valley Regional Water Quality Control Board and Butte County. If monitoring shows that drinking water standards (Title 22 of the California State Code of Regulations) are not being met either at the property boundary nearest the proposed pit in a downgradient direction or at the Jones domestic well, due to degradation caused by the project, then Butte County, in consultation with the Central Valley Regional Water Quality Control Board, shall rescind their operating permits, and no permit shall be re -issued until such time as a groundwater remediation plan has been implemented, groundwater at the property boundary once again meets drinking water standards, and additional measures, as approved by Butte County, have been implemented to prevent future degradation. The term "caused by the project" shall be interpreted as any increase in contaminant concentrations between the upgradient baseline monitoring well above the proposed operations area and the downgradient monitoring locations which exceed drinking water standards. Monitoring, at a minimum shall consist of monitoring of two wells. One located up -gradient of the proposed pit and operating area, and another approximately 1,000 feet south from the northwest corner of the pit. As mining proceeds additional wells shall be installed; one located mid -way between the north and south edges of the pit near the western property boundary, and the other 25 feet from the ultimate southwest corner of the pit. Figure 4.4-13, Proposed Monitoring Well Locations, shows suggested locations for the monitoring wells proposed under this mitigation measure and Mitigation Measure 4.4-2c. The wells shall be monitored four times a year each year during the life of operations within the first week of April, July, August, and September. Once the edge of pit progresses to within 500 feet of the next down -gradient well, that well shall be monitored and monitoring of the upslope well shall cease. Samples shall be composites formed by sampling within two feet below the water table, and combining with an equal volume of water 20 feet below the water table. Samples will be analyzed for turbidity, fecal coliform, diesel and BTEX compounds. Additionally, pesticides commonly used in the vicinity shall be sampled annually. The selection of pesticides to be analyzed shall be approved by the Central Valley Regional Water Quality Control Board and Butte County. The laboratory performing the analyses shall forward results directly to Butte County and the Central Valley Regional Water Quality Control Board. Additionally, Applicant shall monitor the domestic well on what is referred to as the Jones' parcel if the property owners grant permission for monitoring. Monitoring shall consist of drawing tapwater samples. Samples shall be analyzed for turbidity, fecal coliforms, benzene, and atrazine. Prior to the onset of mining, at least three samples, taken on a monthly interval, shall be taken from the Jones' domestic water supply to establish a baseline from which subsequent samples shall be compared. Following the baseline sampling, monitoring shall consist of two phases; an intensive Phase A, and a routine Phase B. During Phase A samples shall be taken weekly for 12 consecutive weeks beginning June 1. Phase A shall take place during the first irrigation season after mining operations have commenced, and, at the discretion of Butte County, the second irrigation season after mining begins. Additionally, Phase A sampling shall occur the first irrigation season following a flood where floodwaters enter the proposed pit. Phase B sampling shall take place whenever Phase A sampling is not taking place and shall consist of sampling on the first week of April, July, August, and September. Phase B monitoring will M&T Chico Ranch Mine Monitoring Report 14 of 51 continue for at least four years after all Phase A monitoring is completed. After that, all monitoring of the Jones' parcel water supply may be discontinued if Butte County determines that contaminant concentrations.at the Jones' parcel well never exceed those at the project monitoring well(s)., In lieu of monitoring the Jones' domestic water supply as specified above, applicant may undertake one of two alternatives if requested by the Jones' parcel owners prior to discontinuing the monitoring described above. It shall be at the discretion of the Jones' parcel owners which of the two alternatives they wish to accept, if any. The alternatives consist of either replacing the existing domestic well with a new well of equivalent capacity which draws water only from the lower aquifer, or installing a filter system capable of reliably furnishing water meeting drinking water standards. Applicant shall pay for all costs associated with replacing the existing well and increased pumping costs, or the costs of installing and maintaining, in perpetuity, a filter system. Source of Requirement: Public Works Department; El Measure Purpose: To prevent groundwater contamination due to exposure of water table through mining activities. Standard for Determining Compliance Approval of groundwater monitoring program by Butte County Public Works Department and Central Valley Regional Water Quality Control Board. Compliance Timing: Prior to operations, during operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE / TIME FRAME Frequency: At completion of monitoring program design Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 15 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-5 Requirement The slope between the buffer strip and the actively mined area shall be designed by a licensed civil engineer to prevent erosion. Suitable measures may include both structural and vegetative, if it can be demonstrated that a combination of a gentle slope, in conjunction with vegetation can prevent erosion from Little Chico Creek overflows. The design shall consider the potential concentration of floodwaters, the lowest expected antecedent water surface elevation in the proposed pit, and scour/undermining of the toe of the slope. Butte County must approve the design prior to initiation of the project. A design report shall be submitted along with plans. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent floodwaters from flowing over the 50 -foot wide buffer between the Little Chico Creek and the northern edge of the pit. Standard for Determining Compliance Operator shall submit confirmation by licensed engineer that the slope between the buffer strip and the actively mined area is designed to prevent erosion. Compliance Timing: Prior to operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE/ TIME FRAME Frequency: At construction completion Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION I REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 16 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-6 Requirement The mine pit excavation area shall maintain a minimum setback of 100 feet from the bank of Little Chico Creek to avoid potential lateral migration of the creek. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent direct linking of surface water and groundwater due to lateral migration of Little Chico Creek through the proposed 50 -foot buffer strip separating the creek from the pit edge along the northern boundary of the proposed pit. Standard for Determining Compliance' Operator shall submit a map of current surface disturbance in annual report. Compliance Timing: During operations RESPONSIBLE -PERSON(S).OR AGENCY FOR MONITORING:/ REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE/ TIME. FRAME Frequency: Annual Season: N/A _MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 17 of 51 Date:. ' M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-7a Requirement Applicant shall remove the existing levee on the east side of Little Chico Creek and replace it with setback levees at the same elevation. A by-pass channel will be constructed to convey flows overtopping the new setback levees back to the creek through new, larger culverts. Plans shall be approved by Butte County prior to construction. This measure will increase the floodway width which will decrease the '50 -year flood depth by 0.6 feet (NorthStar Engineering, 2002) and with its implementation, it is expected that there will be no impact on flooding in the Sacramento River floodplain. Source of Requirement:. Public Works Department; EIR Measure Purpose: To prevent flooding of River Road and Jones' parcel due to placement of dikes or fill within the processing area, and elimination of existing distributary at the north end of the proposed pit. - Standard for Determining Compliance Plans shall be approved by Butte County Public Works Department prior to construction. Compliance Timing: During operations RESPONSIBLE PERSONS) OR AGENCY FOR MONITORING/ REVIEW Name: Director or designee Agency: Public Works Department MONITORING::SCHEDVLE / TIME FRAME Frequency: At construction completion Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: CO MPLIANC'E.VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: J FOLLOW UP M&T Chico Ranch Mine Monitoring Report 18 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION /SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-7b Requirement Applicant shall enter into an agreement with Butte County to either construct or fund the costs of raising the existing low water crossing on River Road near the gas well site by up to three feet and installing larger culverts within three years of use permit approval. Plans shall be approved by Butte County Public Works Department prior to construction. Source of Requirement: Public Works Department, EIR Measure Purpose: To prevent flooding of River Road and Jones' parcel due to placement of dikes or fill within the processing area, and elimination of existing distributary at the north end of the proposed pit. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE/ TIME:FRAME Frequency: Upon signing of funding agreement Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 19 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION/ SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.4-7c Requirement Applicant shall install a bypass channel to convey flows formerly conveyed by the distributary channel around the proposed pit area. The overflow weir and adjoining bypass channel will be designed such that elimination of the distributary will not result in increased flooding depths or duration on the Jones' parcel. The bypass channel shall maximize, to the extent possible, use of native plant materials in the design to control erosion. Plans shall be approved by Butte County prior to construction. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent flooding of River Road and Jones' parcel due to placement of dikes or fill within the processing area, and elimination of existing distributary at the north end of the proposed pita This is the same as Mitigation Measure 4.4-2b and, thus, will also serve as a groundwater quality protection measure. Standard for Determining Compliance ` Operator shall submit as -built confirmation by licensed engineer that the levee/weir and bypass channel are constructed as specified. Compliance Timing: Prior to operations start-up RESPONSIBLE PERSON(S).OR. AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department . MONITORING; SCHEDULE / TIME FRAME Frequency: At construction completion Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 20 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.5-1 a Requirement Unpaved haul roads, service roads, and plants areas shall be treated with water or chemical stabilizers in sufficient quantity and frequency as necessary to meet the following standards: • No -visible emissions extending beyond the property line (BCAPCD Rule 207); and. • No visible emissions as dark or darker than Ringlemann 2 or 40% opacity for a period or- periods rperiods aggregating more than three minutes in one hour determined using EPA Method 9. (BCAPCD Rule 202); or • Any future standard respecting fugitive dust or visible emissions that is more stringent than the standards in paragraphs a and b that is adopted or amended by the Butte County APCD subsequent to the approval of the project. Source of Requirement: Department of Development Services; EIR Measure Purpose: To prevent high levels of fugitive PM,o. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations RESPONSIBLE;.PERSON(S)' OR:AGENCY FOR MONITORING / REVIEW . Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIMEFRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine MonitoringReport 21 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION] SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.5-1 b Requirement Truck and mobile equipment speeds on interior haul roads shall not exceed 15 miles per hour. Speed limits shall be posted. Source of Requirement: Department of Development Services; EIR Mitigation Measure Purpose: To prevent high levels of fugitive PM,o. Standard for Determining Compliance Operator shall submit annual confirmation that vehicles do . not exceed 15 miles per hour on interior haul roads. Compliance Timing: Prior to operations, during operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING/ REVIEW Name: Director or designee Agency: Department -of Development Services. MONITORING SCHEDULE / TIME. FRAME Frequency: Annual Season: N/A .MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report •22 of 51 _ M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION/ SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.5-1c Requirement Excavation areas shall be treated with water during topsoil removal phases. As excavation areas are completed and final depths are reached, revegetation shall be implemented as stipulated in the Reclamation Plan. Source.of Requirement: Department of Development Services, EIR Measure Purpose: To prevent high levels of fugitive PM;o. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations .RESPONSIBLE PERSONS) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE/,.TIME FRAME Frequency: At construction completion Season: N/A MONITORING ACTIVITY , Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP MST Chico Ranch Mine Monitoring Report 23 of 51 Date: M&f CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM:" 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE . Condition or Mitigation Measure Number: Mitigation Measure 4.5-1d " Requirement Permanent roads from public streets to the processing or loading facilities shall be graveled or paved toy reduce the use of unpaved roads. Source of Requirement: Public Works Department; EIR Measure Purpose: To prevent high levels of fugitive-PM,o. Standard for Determining Compliance Operator shall submit confirmation by surveyor or licensed engineer that public streets to the processing or loading facilities are graveled or paved as specified. Compliance Timing: Prior to operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING/'REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE/ TIME FRAME . Frequency: At construction completion Season: N/A MONITORING ACTIVITY Persons Involved: Agency: \' Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To:, Verification of Compliance: BY: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 24 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.5=1e Requirement Wet sweeping shall be performed on heavily -used on-site paved roads and within 500 feet of the access roads for the aggregate plants as necessary to control on-site and track -out dust. Source of Requirement: Department of Development Services; EIR Measure Purpose: To prevent high levels of fugitive PM,o. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified wet sweeping procedures. Compliance Timing: During operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services .MONITORING SCHEDULE / TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 25 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 • MONITORING. REPORT CONDITION / SOURCE /PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.5-1f Requirement A truck spraying facility shall be constructed and operated near the exit of the aggregate plants. Source of Requirement: Department of Development Services; EIR Measure Purpose: To prevent high levels of fugitive PM,o. Standard for Determining Compliance Operator shall submit confirmation by licensed engineer that a truck spraying facility has been constructed as specified. Compliance Timing: Prior to operations ' RESPONSIBLE PERSONS) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: At construction completion; annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 26 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.5-1g Requirement The aggregate Operator shall set up a. 24-hour anemometer at the plant site to monitor wind speeds. If wind gusts exceed 20 miles per hour as defined bj the BCAQMD, the Operator shall terminate topsoil removal and hauling on-site until the high wind abates. Times that the above water table 'mining operations are shut down shall be logged and included in the annual mine inspection report required by SMARA. Source of Requirement: Department of Development Services, EIR Measure Purpose: To prevent high levels of fugitive PM,o. Standard for Determining Compliance' Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: Prior to operations, during operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING, SCHEDULE'/TIMEfRAME . Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION./ REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 27 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007, MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.5-1 h Requirement Topsoil storage piles shall be covered with gravel/rock or seeded with an erosion control seed mix to prevent wind-blown dust. Source of Requirement: Department of Development Services; EIR Measure Purpose: To prevent high levels of fugitive PM,o. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION /REPORTING Report Format: Submitted To: - Verification of Compliance: By: Date: 5 FOLLOW UP M&T Chico Ranch Mine Monitoring Report 28 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.6-1 Requirement The project Applicant shall contribute a fair share contribution to reconstruct the bridge on Ord Ferry Road at Little Chico Creek. The fair share contribution amount should be based upon the relative proportion of project vehicles traveling on the bridge. The implementation of this mitigation measure shall occur before.building permits are granted. Source of Requirement: Public Works Department; EIR Measure. Purpose: The proposed project will add 10 or more trips per day to the bridge on Ord Ferry Road at the Little Chico Creek. Standard for Determining Compliance Operator shall submit annual confirmation of their fair share contribution toreconstruct the bridge on Ord Ferry Road at Little Chico Creek. Compliance Timing: Annually, based on reported tonnage RESPONSIBLE PERSON(S).OR AGENCY FOR MONITORING/ REVIEW Name: Director or designee Agency: Public Works Department MONITORING'.SCHEDULE / TIME FRAME Frequency: Upon receipt "of fair share contribution Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments:' COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 29 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure, 4.6-2 Requirement The project Applicant shall contribute its fair share of the costs to improve, the pavement on River Road between Chico River Road and Ord Ferry Road with a two-inch asphalt concrete overlay. The fair share amount shall be based on the increase in ESALs, which is 51 %. Butte County Public Works estimates the cost of this improvement to be approximately $1,200,000. Therefore, the Applicant's fair share cost would be about $40,000 per year. The Public Works Department has indicated that the fee shall be submitted annually based on the tonnage of material that is hauled from the project site and shall be relative to an inflation index. Based on the information contained in Table 4.6-9, the cost per ton of material hauled from the project site would be approximately $0.08. The project applicant shall contribute its fair share of the cost to maintain the asphalt concrete pavement on the following roads over the 30 year life of the project: River Road; between Chico River Road and Ord Ferry Road; • Ord Fery Road; between County Line and Dayton Road; • Durham Dayton Road; between Dayton Road and SR 99; • Dayton Road; between Ord Ferry Road and Chico City Limit; • Hegan Lane; between Dayton Road and Midway; and • Chico River Road; between River Road and Chico City Limit. Road Maintenance shall include a chip seal surface treatment every 10 years with M & T Chico Ranch Mine project's fair share contribution based on the projected net increase in ESALs as shown in the attached Table A. Based on the information contained in Table A, the cost per ton of material hauled from the project site would be approximately $0.06 and shall be relative to an inflation index. If maintenance costs are rolled into a single fee per ton of material extracted, the mitigation fee shall be made up of $0.08 per ton for the overlay on River Road, plus $0.01 per ton for the improvements to the Ord Ferry Bridge, and the installation of a signal at Midway and Durham Dayton highway, for a total of $0.09 per ton of material removed from the site. The amount intended to compensate for the extra maintenance required due to the increased truck traffic; shall be .$0.06 per ton of material extracted. These fees shall be deposited by the operator into the. Butte County Road Fund, and shall be adjusted for inflation based upon the change in the Construction Cost Index for San Francisco, during the month of January of each year. These fees shall cease to be collected should the County impose a countywide tax or fee for road maintenance based upon weight of materials moved over the roads. Source of Requirement: Public Works Department; EIR Measure Purpose: The proposed project will add 25 or more truck trips, which cause an increase in the Traffic index (TI) of 0:5 or greater on a County M&T Chico Ranch Mine Monitoring Report 30 of 51 maintained roadway. Standard for Determining Compliance Operator shall submit annual confirmation of their fair share contribution for the above-specified improvements. Compliance Timing: Annually, based on reported tonnage RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE / TIME FRAME Frequency: Upon receipt of fair share contribution Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP MST Chico Ranch Mine Monitoring Report a 31 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.6-4 Requirement The project Applicant shall contribute a fair share contribution to improve the intersection of SR 32/West 5th Street by modifying the existing traffic signal to provide split phase timing, including three seconds of yellow time and one second of all -red time per phase. The .fair share contribution amount should be based upon the relative proportion of project vehicles traveling through the impacted intersection. Source of Requirement: Public Works Department; EIR Measure Purpose: The proposed project will add 10 or more trips per day to the intersection of SR 32/West 5th Street. This intersection has been identified as a location having 4 or more accidents in a 12 -month period over the last three years. This location also had more than one accident over a 12 -month period, which involved heavy vehicles. Standard for Determining Compliance Operator shall submit annual confirmation of their fair share contribution to improve the intersection of SR 32/West 5th Street. Compliance Timing: Annually, based on reported tonnage RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW. Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE / TIME FRAME Frequency: Upon receipt of fair share contribution Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE.VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 32 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION /SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.6-8 Requirement Improvements to the median crossing, acceleration/deceleration lanes, improved signing and striping, and channelization of the driveway approach could improve the safety characteristics of this intersection. In addition, signalization of the Skyway/ Honey Run Road (anticipated by 2005) may provide sufficient gaps in through traffic on Skyway to' improve egress from the driveway. However, no feasible mitigation measure will reduce the level of impact, to this roadway segment. This is considered a significant unavoidable impact. Source of Requirement: Public Works Department; EIR Measure Purpose: The proposed project will exacerbate LOS F operating conditions in the a.m. hour and LOS D in the p.m. peak hour at the intersection of Baldwin Plant Driveway and Skyway. Specified improvements may improve conditions somewhat: Standard for Determining Compliance Operator shall submit annual confirmation of their fair share contribution. Compliance Timing: Annually, based on reported tonnage RESPONSIBLE`PERSON(S) ORAGENCY FOR MONITORING /REVIEW Name: Director or designee .Agency: Public Works Department MONITORING SCHEDULE,/_TIME. FRAME Frequency: Upon receipt of fair share contribution Season: N/A MONITORING ACTIVITY . Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING" Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 33 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.6-9 Requirement The project Applicant shall contribute a fair share contribution to install a traffic signal and improve lane configurations with a left -turn lane and shared through/right-turn lane on each approach of the Durham -Dayton Highway and Midway intersection. With this improvement this intersection will operate at LOS C under cumulative project conditions. The. fair share contribution amount shall be based upon the relative proportion of project vehicles traveling through the impacted intersection. Source of Requirement: Public Works Department; EIR Measure Purpose: The proposed project will exacerbate peak hour LOS F operating conditions at the intersection of Durham -Dayton Highway and Midway. Standard for Determining Compliance The Operator shall. submit annual confirmation of this fair share contribution. Compliance Timing: Annually, based on reported tonnage RESPONSIBLE PERSONS) OR AGENCY FOR MONITORING % REVIEW . Name: Director or designee Agency: Public Works Department MONITORING SCHEDULE /.TIME FRAME' Frequency: Upon receipt of fair share contribution Season: N/A MONITORING'ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report. 34 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING, PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.7-1 Requirement Slopes along the perimeter of the created lake shall be actively revegetated, where necessary, to supplement natural colonization of plant species as part of site reclamation to meet the performance standards specified by SMARA. Specific areas for supplemental revegetation will be identified using collected data following one year of monitoring natural colonization. Additional requirements specified by state or federal agencies shall be incorporated into the final revegetation plan. The revegetation program shall specify planting and maintenance techniques, with a detailed monitoring program to evaluate restoration success. Source of Requirement: Department of Development Services; EIR Mitigation Measure Purpose: The proposed project would result in the -permanent loss of approximately 193 acres of annually tilled, non-native grassland and dryland agriculture to open water and wetland habitat. Standard for Determining Compliance Operator shall submit confirmation by surveyor or registered biologist that slopes. are revegetated as specified. Compliance Timing: Post operation/reclamation RESPONSIBLE PERSONS) OR AGENCY FOR MONITORING'/ REVIEW Name: Director or designee Agency: Department of Development Services MONITORING. SCHEDULE /.TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 35 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.7-3 Requirement The Applicant shall be required to obtain a Take Permit, pursuant to Section 2081 of the CDFG Code, prior to mining. The Section 2081 Permit will provide mitigation for the effects of mining on Swainson's hawk foraging and potential nesting habitat. Source of Requirement:, Department of Development Services; EIR Measure Purpose: The proposed project will result in the loss of foraging habitat for Swainson's Hawk. Disturbance to Swainson's hawks during nesting may also occur. Standard for Determining Compliance Issuance of Take Permit. ` Compliance. Timing: Prior to operations RESPONS IBLE:PERSON(S);OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: Upon acquisition of permit; if needed Season: N/A -MONITORINGACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification,of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 36 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.7-4 Requirement The Applicant shall consult with CDFG to determine an appropriate buffer distance or other conditions to mining for allowable mining activities during the nesting period of any special - status species found to occur on the project site. When these requirements have been established a.qualified biologist should conduct a pre -construction survey in spring to determine the presence of active nests for special -status birds and to determine the presence of northwestern pond turtles. If survey results are positive for raptor nests, California black rails or turtles, the best protection measures relative to mining in *potential nesting habitat will be determined in consultation with CDFG. The preconstruction survey is required before project start-up and not subsequent to operation, provided that all applicable protection measures have been implemented prior to operation. Source of Requirement: Department of Development Services; EIR Mitigation Measure Purpose: The proposed project will result in the loss of foraging and, possibly, nesting habitat for other special -status species. Mining activities could also disturb nesting for California black rail, if present, in adjacent Angel Slough. Standard for Determining Compliance Operator shall submit confirmation by qualified biologist that specified conditions have been met. Compliance Timing: Prior to operations RESPONSIBLE.PERSON(S) OR'.AGENCY FOR. MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: At completion of pre -construction survey Season: Appropriate season, as necessary for species of concern MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 37 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.7-5 Requirement Slopes on stockpiled soils shall be -graded to 2:1 for long-term storage to prevent use by bank swallows. At no time during the active breeding season (May 1 through July 31) shall slopes on stockpiles exceed 1:1, even on a temporarybasis. Stockpiles shall be graded to a minimum 1:1 slope at the end of each workday where stockpiles have been disturbed. during -the active breeding season. 'If any vertical slopes are inadvertently created, these slopes shall be destroyed immediately following verification by a designated Environmental Monitor that no bank swallows have begun nesting there. If bank swallows have begun nesting, CDFG will be consulted as to the best strategy. Source of Requirement: Department of Development Services; EIR Mitigation Measure Purpose: To prevent bank swallows from creating temporary nesting sites at the proposed project. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations RESPONSIBLE PERSONS) bR AGENCY FOR.MONITORING / REVIEW Name: Director or designee , Agency: Department of Development Services MONITORING -SCHEDULE / TIME FRAME Frequency: Operator: monthly May -July; County: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 38 of 51 MSFT CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION/ SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.7-6 Requirement The oak grove scheduled for preservation will be protected during mining by the placement of temporary fencing or flagging along the dripline of each of the trees to prevent mining related damage.. The operator will place temporary fencing prior to pit development with potential for equipment to be within 50 feet of protected plants. Fencing need not be maintained once operations are beyond 50 feet. Source of Requirement: Department of Development Services; EIR Mitigation Measure Purpose: To prevent mining related damage to native oak trees and several mature Fremont cottonwood and red willow. Standard for Determining Compliance Operator shall submit confirmation by surveyor that fences or flags are placed as specified. Compliance Timing: Prior to operations RESPONSIBLE PERSON(S) OR.AGENCY FOR MONITORING/ REVIEW Name: Director or designee Agency: Department of Development Services MONITORING -SCHEDULE / TIME FRAME Frequency: Following placement of fencing; annually Season: N/A - MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING ' Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 39 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION/SOURCE/PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.7-7 Requirement Potential impacts to jurisdictional wetlands shall be coordinated with the COE prior to project development to determine whether a permit is required. Source of Requirement: Department of Development Services; EIR Measure Purpose: The proposed project will impact jurisdictional wetlands. Standard for Determining Compliance Operator shall coordinate with COE prior to project development to determine whether a permit is required. Compliance Timing: Prior to operations. RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING..SCHEDULE / TIME FRAME Frequency: One-time, prior to operations Season: N/A MONITORING ACTIVITY Persons' Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report ' 40 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.8-1a Requirement Construction of an Earthen Berm: The .project Applicant has proposed construction of an earthen berm between the proposed mining activities and the nearest residence (Residence A) to mitigate this noise impact. The location of this berm is generally shown in Draft EIR Figure 4.8-7. Barrier effectiveness is dependant on the relative heights of the noise source and receiver, the frequency content of the noise source, as well as the distances from the noise source and receiver to the top of the barrier. Given the geometry of the proposed berm (approximate height 18 feet, approximately width 475 feet) relative to the mining area and nearest residence, this berm is predicted to reduce excavation noise levels by approximately 15 dB. The degree of attenuation is predicted to reduce excavation -related noise to approximately 50 dB Leq and 60 dB Lmax, which would comply with the project's standards of significance. Because the proposed berm is predicted to reduce mining -related noise levels to a state of compliance with the project's standards of significance, no additional' mining -related noise mitigation measures are identified for this project. However, because there is no margin of safety built into these calculations, follow-up noise level measurements shall be conducted as part of the mitigation monitoring program to ensure that the berm is providing the required degree of sound attenuation. In the event that those follow-up noise measurements indicate that the project's standards of significance are being exceeded, Mitigation Measure 4.8-1 b shall be implemented. Source of Requirement: Department of Development Services; EIR Measure Purpose: To mitigate noise level impacts caused by the proposed project. Standard for Determining Compliance Operator shall submit confirmation by licensed engineer that earthen berms are constructed as specified. Compliance Timing: Prior to operations RESPONSIBLE PERSONS) OR AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE./ TIME FRAME Frequency: At construction completion Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: M&T Chico Ranch MineMonitoring Report 41 of 51 COMPLIANCE VERIFICATION / REPORTING' Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP V M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE /.PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.8-1 b Requirement Creation of Additional Setbacks from Mining Areas: Because the proposed berm is projected to provide sufficient attenuation of mining -related noise, additional mining setbacks are not recommended at this time. However, if the follow-up noise level measurements required in Mitigation Measure 4.8-1a indicate that the project's standards of significance are being exceeded even with the proposed berm, this measure should be implemented. As a general rule, sound decreases at a rate of about 6 dB per doubling of distance from the noise source for a noise source which generally operates from a fixed location, such as an excavator or drag line. For example, if the mining setback from the nearest residence were increased from 300 feet to 600 feet, excavation -related noise levels would be approximately 6 dB lower -than those expected with the 300 -foot setback. The specific setback distances, if required, will depend on the effectiveness of the proposed berm in reducing the excavation -related noise levels at the nearest residence (Residence A). ' Source of Requirement: Department of Development Services; EIR Measure Purpose: To mitigate noise level impacts caused by the proposed project. Standard for Determining Compliance Operator shall submit confirmation that standards of significance are not exceeded as specified Compliance Timing: Prior to operations RESPONSIBLE PERSON(S) OR -AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 43 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.8-2a Requirement Shielding by Aggregate Stockpiles: Figure 4.8-1 shows that the proposed aggregate stockpile location is north of the proposed processing equipment. As a result, those stockpiles would provide shielding of the optional asphalt and concrete plants, but not of the processing equipment, in the direction of the nearest residence to the south. Consideration should be given to locating one or more stockpiles between the noisiest processing equipment (crushers and screens) and that residence to the south. If stockpiles can be erected to intercept line of sight between that equipment and residence, a 5 dB attenuation can be expected. This degree of attenuation would reduce processing equipment noise to a state of compliance with the recommended standards of significance. Source of Requirement: Department of Development Services, EIR Measure, Purpose: To prevent maximum and average noise levels generated by the crushing and screening plant equipment at the project site from exceeding the recommended 50 dB threshold. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations RESPONSIBLE'PERSON(S) OR�AOENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW.UP M&T Chico Ranch Mine Monitoring Report 44 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.8-2b Requirement Additional Processing Equipment Noise Control Measures:.lf stockpiles cannot be utilized to achieve compliance with the standards of significance, or if processing equipment noise levels still exceed those standards following construction of stockpiles,' additional noise control measures shall be required. Specific noise control measures which could be implemented include, but are not limited to, lining hoppers and chutes with heavy urethane sheets, utilizing urethane screen decks (rather than steel), and suspending acoustic curtains around specific equipment which is found to be the source of the noise level exceedance. Source of Requirement: Department of Development Services; EIR Measure Purpose: To prevent maximum and average noise levels generated by the crushing and screening plant equipment at the project site from exceeding the recommended 50 dB threshold. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations RESPONSIBLEIPERSON(S),OR,AG•ENCY FOR MONITORING"/ REVIEW.-. Name: .Director or designee 7 Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 45 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.9-1a Requirement The Applicant shall prepare and implement a screen. tree -planting program to block views of the proposed mining operation for travelers along River Road and from the closest residence.. These trees shall be planted along. portions of River Road, and along lines of sight from the closest residence. The species of trees shall be selected based on viability in that particular location, screening potential, and compatibility with other local and regional vegetation. These trees shall block views of the construction of the stationary facilities and provide additional screening of the completed facilities for the duration of the mining project. Source of Requirement: Department of Development Services; EIR Measure Purpose: To preserve visual quality of the project site during initial project construction. Standard for Determining Compliance Operator shall submit confirmation by surveyor that a screen tree -planting program has been implemented as specified. Compliance Timing: Prior to operations -RESPONSIBLE_ PERSONS) OR AGENCY FOR MONITORING /.REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE /TIME FRAME Frequency: At completion of planting; annual checks Season: N/A . MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report . 46 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT , CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.9-1b Requirement As described in Section 4.8, Noise, a earthen berm shall be constructed to shield the dragline and dredging operations from the adjacent residence. This berm will also screen views from the adjacent residence. The berm shall be placed in the direct line -of -site between the residence and dragline or dredge operation. The berm shall be temporary and shall be revegetated with grasses for erosion control. purposes and to be aesthetically pleasing. The constructed berm shall minimize nearby views of the stationary equipment and the dredge and dragline. The berm shall be removed during final reclamation. Source of Requirement: Department of Development Services; EIR measure Purpose: To preserve visual quality of the project site during initial project construction. ' Standard for Determining Compliance Operator shall submit confirmation by licensed engineer that a berm is constructed as specified. Compliance Timing: Prior to operations RESPONSIBLE PERSON(S) OR -AGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING.SCHEDULE /TIME FRAME Frequency: At construction completion Season:' N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION./ REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 47 of 51 M&T CHICO RANCH MINE . MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION /SOURCE/ PURPOSE .Condition or Mitigation Measure Number: Mitigation Measure 4.9-2 Requirement Temporary stockpiles and/or berms shall be placed around stationary equipment to block line - of -sight views between processing equipment and the closest residence and along River Road near the northeastern portion of the site. As the processing facilities will be raised above the 100 -year floodplain these temporary berms and/or stockpiles would not displace any floodwaters. Source of Requirement: Department of Development Services; EIR Measure Purpose: Proposed mining and processing operations would result in both' temporary and permanent alteration of the visual quality of the site. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: During operations RESPONSIBLE.PERSON(S) OR AGENCY FOR MONITORING:./ REVIEW. Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: Annual Season:. N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING , Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report x- 48of51 4 M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.9-3 Requirement Should night operations occur, directional lighting and shields shall 'be used to minimize the distance at which light emanating from the project is visible. Source of Requirement: Department of Development Services; EIR Measure Purpose: The proposed project could result in extended lighting for occasional nighttime mining operations. Standard for Determining Compliance Operator shall submit annual confirmation of specified directional lighting and .shielding procedures. Compliance Timing: During operations. RESPONSIBLE PERSON(S) OR AGENCY FOR MONITORING / REVIEW. Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE / TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 49 of 51 M&T CHICO RANCH MINE MITIGATION MONITORING -AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.10-1a Requirement The specific study is based on the findings of an inventory -level surface survey only. There is always the possibility that potentially significant unidentified cultural materials could inadvertently be encountered on or below the surface during the course of proposed future development or construction activities. In such a situation, archaeological consultation shall be sought immediately. Source of Requirement: Department of Development Services; EIR Measure Purpose: To protect subsurface archeological, historic, or other cultural resources uncovered during project operations. Standard for Determining Compliance Operator shall submit confirmation of adherence to specified procedures by a qualified archaeologist if necessary. Compliance Timing: During operations RESPONSIBLE PERSONS) ORAGENCY FOR MONITORING / REVIEW Name: Director or designee Agency: Department of Development Services MONITORING SCHEDULE /.TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: FOLLOW UP M&T Chico Ranch Mine Monitoring Report %50 of 51 Date: M&T CHICO RANCH MINE MITIGATION MONITORING AND REPORTING PROGRAM: 2007 MONITORING REPORT CONDITION / SOURCE / PURPOSE Condition or Mitigation Measure Number: Mitigation Measure 4.10-1 b Requirement In order to ensure proper identification of any cultural materials that might inadvertently be encountered during future development, construction, or gravel extraction work, the County's use permit shall include a provision for training of field personnel in identification procedures, prior to implementing the quarry construction operation. The training shall take the form of a 1/2 day seminar in which a professional archaeologist shall review with operations personnel the natural and cultural history of the project area, archaeological sensitivity, the most likely locations of buried cultural materials, and what kinds of cultural materials would be seen if prehistoric cultural materials are in fact unearthed. The seminar shall conclude with specific instructions on how to address such discoveries and what immediate actions to take. Source of Requirement: Department of Development Services; EIR Measure Purpose: To protect subsurface archeological, historic, or other cultural resources uncovered during project operations. Standard for Determining Compliance Operator shall submit annual confirmation of adherence to specified procedures. Compliance Timing: Prior to operations RESPONSIBLE PERSON(S),ORAGENCY FOR MONITORING„/ REVIEW Name: Director or designee , Agency: Department of Development Services MONITORING•SCHEDULE / TIME FRAME Frequency: Annual Season: N/A MONITORING ACTIVITY Persons Involved: Agency: Date of Inspection: Time of Inspection: Location: Compliance Comments: COMPLIANCE VERIFICATION / REPORTING Report Format: Submitted To: Verification of Compliance: By: Date: FOLLOW UP M&T Chico Ranch Mine Monitoring Report 51 of 51 ATTACHMENT B RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING THE MINING USE PERMIT, RECLAMATION PLAN, AND FINANCIAL ASSURANCES FOR BALDWIN CONTRACTING COMPANY (MIN 96-03) CONSISTING OF THE FOLLOWING: A) MINING USE PERMIT ALLOWING THE ESTABLISHMENT AND OPERATION OF AN AGGREGATE MINE WITH ASSOCIATED STRUCTURES; B) RECLAMATION PLAN ESTABLISHING STANDARDS, TIMELINES AND PRACTICES FOR PHASED RECLAMATION; C) FINANCIAL ASSURANCES COST ESTIMATE ENSURING THE COMPLETION OF RECLAMATION ACTIVITIES; D) A STATEMENT OF OVERRIDING CONSIDERATIONS BASED UPON THE FINAL ENVIRONMENTAL IMPACT REPORT AND MITIGATION MONITORING PROGRAM; AND E) CONDITIONS OF APPROVAL The M&T Chico Ranch Mine ("Project") proposed by Baldwin Contracting Company ("Applicant") consists of a long-term, off -channel gravel mining operation approximately 5 -miles southwest of the City of Chico.. The mining would take place on 193 -acres of a 235 -acre site over an estimated 20 to 30—year period. The Project site would be reclaimed to high-quality, open -water, wetland wildlife habitat and agricultural uses. The mined aggregate would be processed (washed and screened) on a 40 -acre area at the site. The Mining Use Permit and Reclamation Plan (MIN 96-03) for the Project came on public hearing before the Planning Commission of the County of Butte ("County") on October 23, 2003, January 22, 2004, March 11, 2004, April 8, 2004, August 26, 2004, November 30, 2006, December 14, 2006, and January 25, 2007. Having considered all the written and documentary information submitted, the staff reports, oral testimony, other evidence presented, and the administrative record as a whole, the Planning Commission hereby finds and decides as follows: RF.0 iT AI .0 1. The proposed operation is located on approximately 193 acres of the M&T Chico Ranch. The proposed quarry and processing facilities are approximately 1.5 miles east of the Sacramento River, and approximately 5 miles southwest of the City of Chico (Assessor's Parcel Numbers 416- 039-530-015 & 018). 2. On August 30, 1997, Pacific Realty filed an application for a Mining Use Permit and Reclamation Plan (MIN 96-03) consisting of the following: 1) Mining Use Permit to allow the development and operation of a new aggregate mine with an onsite processing operation and associated structures, and 2) Reclamation Plan establishing standards, timelines and practices for phased reclamation of the site to open space/wildlife habitat. Page 1 of 14 3. In 1996 the County prepared an Initial Study to . evaluate the environmental impacts associated with the proposed Project and identified several potentially significant environmental effects that may occur with implementation of the project. Accordingly, a draft environmental impact report ("Draft EIR") was prepared pursuant to section 15064(a) of the California Environmental Quality Act Guidelines ("Guidelines"). 4. On February 28, 1997, the County distributed a Notice of Preparation of the Draft EIR to the State Clearinghouse, responsible agencies and the public. 5. From May 12, 1998 to July 2, 1998, the Draft EIR was circulated for public review. 6. On June 11, 1998, the Planning Commission conducted a hearing on the Draft EIR. The Planning Commission took extensive public input. The Project was continued off the agenda to allow further Staff evaluation. Written comments received during this review period are on file at the Butte County Planning Division and are incorporate by reference in the revised Draft EIR/Final EIR. 7. Based on public comment and in order to maximize public participation in. the environmental review of the Project, the County decided to recirculate the Draft EIR to update and supplement the underlying technical analyses. 8. The County hired a new consultant to prepare the recirculated Draft EIR (Resource Design Technology, Inc.) 9. In September 2002, the County issued the revised Draft. EIR. On September 30, 2002, the County filed the Notice of Completion with the State of California Clearinghouse. 10. The County circulated the revised Draft EIR for a 45 -day public review and comment period commencing October 12, 2002 through November 25, 2002. 11. On October 24, 2002, the Planning Commission held a public hearing on the revised Draft ' EIR in Oroville. The County provided public ' notice of this meeting. At the hearing, the Planning Commission heard.and received all relevant oral and written testimony and evidence filed or presented regarding the Draft EIR. 12. In October 2003, the County distributed the Final EIR to all commenting agencies, departments, individuals and organizations. The Final EIR is comprised of the Draft EIR and the Response to Comments. Document Page 2 of 14 (collectively, "Final EIR") 13. The Final EIR does not contain significant new information, as defined in CEQA Guidelines Section 15088.5, which would require recirculation of . the modified sections or entire document. Final EIR Section 3.2 delineates the changes to the Draft EIR in response to comments received on the Draft EIR. The changes are not substantial, do not include significant new environmental impacts, do not show a substantial increase in the severity of an environmental impact, do not, identify a feasible project alternative or mitigation measure considerably different from others previously identified, and the Draft EIR was not fundamentally inadequate. Further, Section 3.2 does not contain significant new information' that deprives the public of a meaningful opportunity to comment upon a substantial adverse effect of the Project or a feasible way to mitigate or avoid such an effect. All of the information added to the Final EIR merely clarifies, amplifies, or makes insignificant modifications in the Draft EIR. Therefore, recirculation of the Draft EIR is not required. (See Guidelines Section 15088.5.) 14. The Planning Commission held hearings to solicit public comment on the Project (including the EIR, Mining Use Permit and Reclamation Plan) on January 22, 2004, March 11, 2004, April 8, 2004, August 26, 2004, November 30, 2006, December 14, 2006, and January 25, 2007. These Planning Commission hearings also addressed, in part, issued raised by the Department of Conservation regarding the Williamson Act. On October I 1 2005, the Applicant voluntarily filed a Petition for Partial Cancellation for a 106 acre area of the Project. (M&T Chico Ranch Mine Updated Response to Comments Regarding Williamson Act, P. 6.) Under State law, the Petition for Partial Cancellation is beyond the purview of the Planning Commission, and will be resolved by the County Board of Supervisors. 15. As lead agency for compliance with the requirements of the California Environmental Quality Act (Section 21000 et seq. of Public Resources Code), the Planning Commission has adopted a resolution certifying the Final . EIR (State Clearinghouse No. 97022080), and approving a Mitigation Monitoring and Reporting Program for the M&T Chico Ranch Mine Mining Use Permit and Reclamation Plan. Page 3 of 14 FINDINGS OF FACT 1. FINDING: LAND USE CONSISTENCY — Based on its land use compatibility analysis, the County finds that the Project is consistent with the Project site's General Plan designation (i.e., Orchard and Field Crops) as a secondary use, the Project's zoning district (A-40), and with the County Mining Ordinance. Further, the proposed mining is an appropriate use under the Orchard and Field Crops General Plan Designation, and is also compatible in all agriculturally designated lands within Butte County where minerals are known to exist, pursuant to General Plan Policies 2.6.a, 2.6.b, and 6. La. (Butte County, 1997). In addition, the Project site also lies approximately two miles west on the agricultural side of the Chico Area Greenline designated on the Chico Area Land Use Plan. Land uses on the agricultural side of the Greenline are limited by the Butte County General Plan to agricultural uses, which are defined in the Land Use Element of the Butte County General Plan as "the `Primary Uses' and the `Secondary Uses' set forth in the `Orchard and Field Crops' land use designation..." As stated above, the Project falls within the "Secondary Uses" category, which includes "resource extraction and processing," and "environmental preservation activities." 2. FINDING: SITE SUITABILITY - The site is suitable for the use proposed. (a) The Project has been reviewed for suitability by the County Agricultural Commissioner, County Public Works Department, County Air Quality Management District, Department of Conservation, County Office of Environmental Health, Central Valley Regional Water Quality Control Board, Department of Water Resources, City of Chico Department of Public Works and California State Clearinghouse. (b) Technical reports submitted by qualified consultants indicate that there are no physical or environmental constraints such as geologic or seismic hazard areas, environmentally sensitive habitats or similar areas that would indicate the site is not suitable for the use proposed. The following reports were submitted with the Mining Use Permit application, or subsequently submitted, and independently reviewed by County staff. 1 AGRA 'Earth and Environmental, Inc. 1996 Aggregate Investigation Hallwood and M&T Properties. California. April. 2 AGRA Earth and Environmental, Inc. 1997. Excavation Stability M&T Chico Ranch Mine Reclamation, West of Dayton, California. August 22. Page 4 of 14 3 Hydroscience, Inc., Water Quality Report. 4 Kelley & Associates Environmental Sciences, Inc. 1997.. Memorandum of Prime Farmland Soils Analysis for the M&T Chico Ranch. September 24. 5 Department of Water Resources, Northern District. 1993. M&T Chico Ranch Groundwater Investigation, Phase I, Memorandum Report, Red Bluff, California. 6 Deverel, S J. 1996. Hydrology Report for Proposed Gravel Mining: M&T Chico Ranch. " 7 Fehr & Peers Associates, Inc. 1997. Traffic Impact Analysis for the M&T Chico Ranch Project. 8 Kelley & Associates Environmental Sciences, Inc. 1996. M&T Chico Ranch Mine Use Permit, Mining Permit, and Reclamation Plan Application. 9 Kelley & Associates Environmental Sciences, Inc. 1996 Jurisdictional Wetlands Delineation: M&T Chico Ranch. November. 10' City of Chico. 1995. Draft Environmental Impact Report: Chico Water Pollution Control Plant Expansion. State Clearinghouse Number 94112054. (c) Final EIR prepared by Resource Design, as certified by the Planning Commission on February 22, 2007. 3. FINDING: NO VIOLATIONS - The subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivision and any other applicable provisions of the County's zoning ordinance. 4. FINDING: The Project, as conditioned, is consistent with the provisions of the County's surface mining ordinance (County Code, Chapter 13-101 et seq.; Surface Mining and Reclamation), which establishes regulations for mining operations and reclamation. 5. FINDING: The Project complies with the provisions of the Surface Mining and Reclamation Act of 1975, Public Resources Code, Section 2710 et seq ("SMARA"), which establishes state authority to regulate mining operations and reclamation, and other applicable State regulations, as those provisions may be amended from time to time. 6. FINDING: Sections .2770 and 2773.1 of SMARA require surface mining operators to obtain lead agency (city or county) approved financial assurances for reclamation. The County will annually require the Applicant to update the existing financial assurances to ensure there are adequate financial assurances in place for all costs related to completing the reclamation. The current financial assurances cost estimate for the Project is Page 5 of 14 $103,526.93. (Exhibit 1.) 7. FINDING: RECLAMATION STANDARDS - The Reclamation Plan complies with applicable requirements of State regulations (CCR Sections 3500- 3505, and Sections 3700-3713, as those provisions may be amended from time to time). a) Section 3703: Performance Standards for Wildlife Habitat - The Reclamation Plan for the Project meets the requirements of Section 3703. Baseline conditions are described in Section 4.6 (Biological, Resources) of the Draft EIR. (Reclamation Plan, Attachment 15.) As discussed in the revised Reclamation Plan dated September 2004 ("Reclamation Plan"), shallow wetlands will be established along the margins of a reclaimed lake. A combination of shallow and deep water habitat for a variety of wildlife species will be created using. best management practices. Further, a nesting island will be constructed using excess overburden. (Reclamation Plan, pp. 18-19, Attachments 7, 13.) Native vegetation will be established on the reclaimed area by a combination of natural revegetation and plantings. Topsoil will be respread on the margins of the lake and in the shallow wetlands areas to enhance the establishment and growth of native vegetation. (Reclamation Plan, pp. 18-19, 22-23.) The Applicant will retain an expert in wildlife habitat reclamation to implement the revegetation plan and monitor success. Performance standards for the shallow wetlands and lake perimeter will be evaluated based on the effectiveness of the vegetation for wildlife habitat by comparing appropriate measures of cover, density, and species -richness for the reclaimed lands to similar parameters on reference areas . and the baseline conditions put forth in the Draft EIR. Methods of monitoring and assessment will be based on guidelines provided in the Department of Conservation's recently published manual on the rehabilitation process for disturbed lands (Newton and Claassen, 2003). (Reclamation Plan, pp. 22-23.) b) Section 3704: Performance Standards for Backfilling, Regrading, Slope Stability, and Recontouring - The Reclamation Plan for the Project meets the requirements of Section 3704. A comprehensive slope stability study was prepared for the Project by AGRA Earth & Environmental, Inc., Excavation ,Stability: M&T Chico Ranch Mine Reclamation (Draft EIR, Appendix E; Reclamation Plan, Attachment 8.) The study concluded a 3:1 slope was an adequate factor or safety for final slopes. Based on this study, the Applicant has incorporated a 3:1 slope for all final slopes into the project design and Reclamation Plan. In addition, the design of , any structures proposed onsite, including offices,, and other ancillary facilities will be regulated by the Butte . County Building Division of the Development Services Page 6 of 14 Department. (Draft EIR, Section 4.3, p. 4.3-16.) No backfilling will take place. c) Section 3705: Performance Standards for Revegetation - The Reclamation Plan for the Project meets the requirements of Section 3705. Section 3705 measures success of revegetation "based upon the effectiveness of the vegetation for the approved end use, and by comparing the quantified measures of 'vegetative cover, density, and species -richness of the reclaimed mined -lands to similar parameters of naturally occurring vegetation in the area. (Cal. Code Regs., tit. 14, § 3705(m).) The Reclamation Plan's revegetation standards track the statutory requirements mandated by SMARA and its associated regulations. For example, Section 3705(m), states the following: Success of revegetation shall be judged based upon the effectiveness of the vegetation for the approved end use, and by comparing the quantified measures of vegetative cover, density, and species -richness of the reclaimed mined -lands to similar parameters of naturally occurring vegetation in the area. (Cal. Code Regs., tit. 14, § 3705(m).) The Reclamation Plan tracks these requirements. The reclamation plan states "Performance standards . will be evaluated based on the effectiveness of the vegetation for wildlife habitat by comparing appropriate measures of cover, density and species -richness of the reclaimed lands to similar parameters on reference areas." Further, the Reclamation Plan specifically provides that revegetation monitoring will take place for five years. During the.five-year monitoring period, annual reports will be submitted to the Butte County Planning Division. The reports will describe the success of the revegetation plan and will include recommendations for how to improve, if possible, the plan's success in the following; year. In addition, the reclamation plan requires that. "[m]ethods for monitoring and assessment will be based on guidelines provided in the Department of Conservation's recently published manual on the rehabilitation process for disturbed lands (Newton and Claassen, 2003)." d) Section 3706: Performance Standards for Drainage, Diversion Structures, Waterways, and Erosion Control The Reclamation Plan meets the requirements of Section 3706. The Applicant will obtain coverage under a general stormwater control permit from the Regional Water Quality Control Board before initiating onsite activities. The stormwater permit will require the development and implementation of a stormwater pollution prevention plan ("SWPPP"). By complying with the requirements of the stormwater permit and SWPPP, the Applicant will necessarily control runoff to ensure that Page 7 of 14 discharge of surface flows from the site meet stormwater pollution control permit requirements, and comply with applicable erosion control and sediment control requirements. Further, as indicated in the excavation stability study (Reclamation Plan, Attachment 8), the 3:1 final slopes incorporated into the final Project design will stabilize the reclaimed area, allowing most onsite runoff to remain onsite, thereby minimizing contribution of sediment to nearby streams and limiting erosion. The streambed and streambanks of. Little Chico Creek will not be disturbed except for road and conveyor crossings. Stanchions supporting the conveyor will be footed in nonsensitive areas, and the road crossing of the stream will be improvements on an already existing crossing thus resulting in no increased impact. There will. be no in -stream mining. (Reclamation Plan, p. 13.) e) Section 3707: Performance Standards for Prime Agricultural Land Reclamation - This performance standard does not apply to the Project because it is not located on Prime Agricultural Land. (See Final EIR, pp. 4.0-30 — 4.0-31.) f) Section 3708: Performance Standards for Other Agricultural Land - The Reclamation Plan meets the requirements of Section 3708. As discussed in Section 4.2 of the Draft EIR, the Project's end use will be reclamation to agricultural uses for the plant area (40 acres) while the mining area (193 acres) will be reclaimed as open water and wetlands. The revegetation scientist that the Applicant will retain for the Project will set up appropriate reference areas for both the plant site agricultural reclaimed area as well as the perimeter of the lake/wetland area. Productivity of the irrigated agricultural land at the reclaimed plant site will be compared to that of adjacent irrigated agricultural land on the M&T Ranch. The plant site will revert to become a part of a larger field on the M&T Ranch, and will be managed the same as the rest, of the land in that field. Performance standards for the shallow. wetlands and. lake perimeter will be evaluated based on the effectiveness of the vegetation for wildlife habitat by comparing appropriate measures of cover, density and species richness of the reclaimed lands to similar parameters on reference areas approved by County staff. g) Section 3709: Performance Standards for Building, Structure and Equipment Removal - There are currently no buildings or structures within the proposed Project area. Buildings and structures associated with the aggregate processing plant will be removed when mining is completed. Page 8 of 14 h) Section 3710: Performance Standards for Stream Protection, Including Surface and Groundwater - The Reclamation Plan meets the requirements of Section 3710. Section 4.4 (Hydrology and Water Quality) of the Draft EIR describes the potential impacts of the Project. The only surface water stream, Little Chico Creek, will not be disturbed. There will no in -stream mining. Other surface water bodies include wetlands which will be mitigated as required by the U.S. Army Corps of Engineers and other state and federal agencies. During mining operations, industrial stormwater and process water will be collected in, onsite recycle ponds. In addition, the Applicant will operate the Project in accordance with a California Regional Water Quality Control Board stormwater control permit and SWPPP. As discussed in Hydrology Report for Proposed Gravel Mining — M&T' Chico Ranch (Reclamation Plan, Attachment 9; Draft EIR, Appendix D.1), the Project will not have a significant impact on groundwater resources. (See Draft EIR, section 4.4). The proposed lake will actually result in enhanced groundwater recharge from precipitation and evaporation from the shallow groundwater. Further, although there is recharge to the water table, which occurs as result of percolation, losses from Little Chico Creek, the Project is not expected to alter that process. (Draft EIR, p. 4.4-38.) The groundwater quality study prepared for the Draft EIR by Monarch Laboratory concluded that there is no groundwater problem associated- with the existing pit. (Reclamation Plan, Attachment 11; Draft EIR, Appendix D-3). Following reclamation, as part . of the approved Mitigation and Monitoring Plan for the Project, the Applicant will develop a groundwater monitoring`program to be approved by the Central Valley Regional Water Quality Control Board and Butte County to measure recharge and water quality following reclamation. (Draft EIR, pp. 4.4- 64 - 4.4-78.) i) Section 3711: Performance Standards for Topsoil Salvage, Maintenance, and Redistribution — The Reclamation Plan meets the requirements of Section 3711. The Reclamation Plan describes how topsoil and subsoil (growth medium) will be saved and stockpiled for reclamation uses as shown in Attachment 7 of the Revegetation Plan. (Reclamation Plan, p. 8; Attachment 3, Item 6, p. 5; Attachment 5.) j) Section 3712: Performance Standards for Tailing and Mine Waste Management — The Reclamation Plan meets the requirements of Section 3712. Under the Reclamation Plan, the Project will not generate any mine wastes because all'mine products will be sold or used in reclamation. (Reclamation Plan, Attachment 3, Item 5, p. 5.) k) Section 3713: Performance Standards for Closure of Surface Openings — The Reclamation Plan meets the requirements of Section Page 9 of 14 3713. There are no drill holes, portals, shaft or tunnels associated with the mining operations proposed for the site that would require abandonment. 8. FINDING: HEALTH AND SAFETY — The establishment, maintenance or operation of the use or structure applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvement in the neighborhood, or to the general welfare of the County. Findings Regarding Statement of Overriding Considerations In determining whether to approve the project, CEQA requires a public agency to balance the benefits of a Project against its unavoidable environmental risks. (CEQA Guideline section 15093). Implementation. of the Mitigation Measures discussed in the Final EIR will avoid or substantially lessen the Project's significant impacts to a less than significant level, with the only exception being project -level and cumulative air quality impacts, and traffic. The County cannot state with certainty that these impacts will be fully mitigated and therefore has found that these impacts are significant and unavoidable. The County has weighed the economic, legal, social, technological, and other benefits of the Project against these impacts, and has determined that the adverse environmental impacts are acceptable for the reasons outlined herein. The Planning Commission finds that the proposed Project will create the following benefits for the County of Butte and County residents (in no relative order): A. Continued supply of readily available high quality aggregate for use in local public and private construction projects. At present, the County only has approximately 40 percent of its 50 -year demand -for aggregate permitted. The State Geologist/Division of Mines and Geology conducted a Mineral Land Classification Study for the Project site in 2000 and determined the land was a significant mineral deposit and classified the land at MRZ-2a (Draft EIR, section 4.2.2, p. 4-2.1). B. Protection and development of a significant aggregate resource designated under the Mineral Land Classification system by the California Department of Conservation as a MRZ-2a. As explained in Draft EIR Section. 3.4.3, the M&T Chico Ranch Site has been classified by the State Geologist. This report classifies the site as MRZ-2a for construction aggregates. Mineral Resource Zone 2a is specifically defined as: "Areas underlain by mineral deposits where geologic data- . indicate that significant measured or indicated resources are present. MRZ-2 is divided into MRZ-2a and MRZ-2b on the Page 10 of 14 basis of degree of knowledge and economic factors. Areas classified MRZ-2a contain discovered mineral deposits that are either measured or indicated reserves as determined by such evidence as drilling records, sample analysis, surface exposure, and mine information. Land included in MRZ-2a is of prime importance because it contains. known economic mineral deposits." Total Project reserves are estimated at over 5.5 million cubic yards (approximately 8.25 million tons). The resources identified on the Project site are considered by the State to be excellent potential aggregate sources for use in both ready -mix concrete and asphaltic concrete product. C. The Project will include fair share monetary contributions to improve and maintain transportation facilities in the area including road pavement, intersection safety, and Little Chico Creek Bridge reconstruction. Mitigation Measure 4.6-1 requires the Applicant to contribute a fair share contribution to reconstruct the Ord Ferry Road at Little Chico Creek. Mitigation Measure 4.6-2 requires the Applicant to contribute a fair share of the cost to improve the pavement on River Road between Chico River Road and the Project access with a two-inch asphalt overlay. - Mitigation Measure 4.6-9 requires the Applicant to contribute a fair share of the cost to install a traffic signal and improve lane configurations at the Durham -Dayton Highway and Midway intersection. D. Potential decrease in the use of fuels and transportation costs for trucking aggregate to markets in Butte County and Chico compared with the current Baldwin Contracting Company aggregate source on Stony Creek. Section 4.3.2 of the Final EIR cites that transportation costs are a significant part of aggregate prices. In areas lacking nearby aggregate sources, delivery charges may be greater than the sale price of the material at the plant site. Transportation is a key factor in underscoring the economic importance of maintaining local aggregate sources. In many cases, for each 30 miles of haul distance; the price per ton of delivered aggregate doubles. Since much of the statewide use of aggregate is for public works projects (see Figure 4.0-1) each doubling of the price of the construction aggregate means less public improvements (e.g., roadway maintenance projects, public building construction) can be accomplished for each public dollar. E. Maintenance of adequate aggregate reserves available for future use in Butte. County to account for population growth. Final EIR Section 4.3 provides a collective response concerning comments received regarding the necessity of additional aggregate resources in Butte County. In the next 30 years (the maximum permit time frame requested by the Applicant), the City of Chico will consume over 20 million tons of aggregates (four times the total reserves at the M&T Chico Ranch Mine site) while the County "as a whole will Page 11 of 14 consume over 60 million tons. Over the next 50 years, Chico will require more than 45 million tons, and the County will need nearly 130 million tons. When compared to the current estimates of supply,.the County may currently have approximately 40 percent of its 50 -year demand and, without permitting of additional reserves for development, could exhaust aggregate supplies before 2030. While actual conditions will vary based on a number of factors, including actual unreported supplies and production levels (which vary in response to the economy and local growth), it is clear that the County will need new aggregate production if demand is to be met. F. Extraction of a known valuable aggregate resource consistent with local and state policy. G. Potential to reduce impacts on transportation systems and reduce air quality impacts if Baldwin Contracting Company's Stony Creek operation is replaced by this facility, since the aggregate resource will be closer to the Chico and. Butte County markets. H. Highly regulated, responsible mining under carefully controlled conditions, with the ability to revoke the individual permit at any time after due process, for failure to comply with the terms and conditions of the permit. I. Creation of an opportunity for open space and new wildlife habitat areas after Reclamation Plan implementation. The end use of the mine site will include an over -wintering pond for waterfowl and associated aquatic and wetland fauna. The pond area shall become a managed wildlife preserve. Shallow cuts along the perimeter of the pond will result in the creation of wetland areas along the pond. J. Maintenance of 100 -year flood plain, increased storage of floodwaters and improved flood protection. As discussed under Final EIR 4.7.4 and Impact 4.4-8 (Page 4.4-76 of the Draft EIR), the creation of the proposed pond/pit will result, at the end of operations, in approximately 1,000 acre-feet of available floodwater storage and the same amount of groundwater recharge., This will be a sustained beneficial impact of the Project. Mitigation- Measures 4.4-7a, b, and c provide approximately ten-year flood protection for the created lake from overflows of Little Chico Creek and from local agricultural runoff. For flows in Little Chico Creek exceeding approximately 2,000 cfs, or for flooding from the Sacramento River which yields equivalent flood stages, floodwaters will flow into the pond/lake, serving to reduce flood depths. K. Protection of adjacent wells and generation of data relevant to groundwater quality and quantity over,a period of up to 30 years (life of operation) for use by the State and County in gaining a greater understanding of groundwater resources in the area. Mitigation Measures 4.4-3e and 4.4-2c require that The Applicant develop a groundwater monitoring program, approved by the Page 12 of 14 Central Valley Regional Water Quality Control Board and by Butte County. L. Avoidance and reduction in reliance upon highly disturbing in -stream mining and related environmental concerns associated with in -stream mining. The Applicant's closest available source of aggregate is its mining operation at Stony Creek near Hamilton City in Glenn County (located on SR -32). This site is nearing depletion and is considered an in -stream mining operation. The proposed M&T Chico Ranch Mine is considered an "off channel" mine, meaning that it is not located within a stream. The M&T Chico Ranch Mine is instead located on alluvial terraces away from environmentally sensitive in - stream mine sites. M: Generation of employment opportunities associated with mining of aggregates, required monitoring and reporting, construction associated with on site facilities and improving and maintaining roadway facilities, and restoration of wildlife areas. N. Generation of employment opportunities for a locally based company Baldwin Contracting, which employs approximately 200 people during peak construction season (approximately 80 employees are employed year round) and has an annual payroll of more than 9 million dollars. O. Generation of property and sales tax revenues. The County finds that all of these benefits outweigh the risks associated with the identified unmitigated impacts. Accordingly, the County approves the attached Statement of Overriding Considerations (Exhibit 2). , Page 13 of 14 , DECISION IN VIEW OF THE ABOVE FINDINGS, EVIDENCE, AND THE RECORD AS A WHOLE, the Butte County Planning Commission hereby approves the M&T Chico Ranch Mining Use Permit, Reclamation Plan (MIN 96-03, and Financial Assurances Cost Estimate (attached as Exhibit 1 and incorporated by reference herein), adopts the attached' Statement of Overriding Considerations (attached as Exhibit 2), and approves the attached Conditions of Approval (Exhibit 3 and incorporated by reference herein). DULY PASSED AND ADOPTED this 22nd ' day of February 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ! Nina Lambert - Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California Page 14 of 14 i EXHIBIT 1 M & T CHICO RANCH MINE Financial Assurances Cost Estimate (Excerpted from November 2006 Reclamation Plan)` 1) Regrade pit areas- Side slopes will be left a stable angle per the reclamation plan. Reclamation will occur yearly for those areas that have been depleted of aggregates. Approximately 6 acres will be mined each year, which will result in an average of 607 feet of perimeter edge to reclaim each year. The remainder of the mined area will be underwater. Recontouring of the perimeter will typically be done by D-8 class dozer. a) Dozer Speed Forward speed 2.2 miles per hour: 194 feet per minute. Return speed 6.0 mile per hour: 528 feet per minute. Average dozer width per pass: 11 feet b) Production Calculation Number of passes required to cover pit area: One time: 22' divided by 11 = 2 passes Average pass length = 3,035 feet Average forward speed: 194 feet/minute Use 199 feet/minute Average return speed: 528 feet/minute Use 528 feet/minute Change direction: .05 minutes 3035 feet divided by 194 feet/minute = 15.64 minutes forward 3035 divided by 528 = 5.75 minutes return Use 50 minute hours or .83 efficiency: 15.64 + 5.75 = 21.4 minutes . 21.4 divided by .83 = 25.8 per complete pass Add .05 minutes for change of direction: 25.8 minutes +.05 = 25.85 min 2 passes x 25.85 minutes per pass = 51.7 to cover area one time Cover area 3 times to complete grading: 51.7 x 3 = 155.1 155.1 minutes divided by 60 minutes per hour = 2.6 hours Use 3 hours c) Equipment cost D8 -K Dozer 3 hours x $150/hour = $450.00 Total Equipment cost: $450.00 d) Labor Dozer Operator — 3 hours x $59.25/hour = $177.75 Total Labor Costs = $177.75 Total Cost to Regrade pit area: $627.75 0 2) Topsoil Respreading- If necessary, a one -foot thickness of topsoil will be respread on recontoured perimeter areas. Topsoil will be direct respread from adjacent areas to be mined. Typical equipment to be used will be a 623 class tractor scraper and a 12G blade. a) Production Calculation Area to be respread = 22 ft x 3035 ft. = 66,770 SF Volume to be respread = 66,770 SF 1 ft thick/27 = 2,473 CY (use 2,5.00 CY) Scraper production = 15 loads per hour 20 CY / load = 300 CY Scraper hours = 2500 / 300 = 8.3 (use 9 hours) Area to blade = 66,770 SF Blade production = 200, 000 SF per day = 26,000 SF per hour in 7.5 hour day 66,770 / 26,000 = 2.57 hours (use 3 hours) b) Equipment costs 9 hours x $182.00/hr = $1,638.00 for tractor scraper 3 hours x $ 56.30/hr = $168.90 for blade c) Labor costs Scraper operator 9 hours x $59.25 per hour = $533.25 Blade operator 3 hours x $63.00 per hour = $189.00 TOTAL COST TO RESPREAD TOPSOIL 2 52 5 3) Equipment Removal Activity to complete task: Dismantle plants, load onto trucks and haul to Chico. Equipment to be moved: Tanks conveyors, screens, crushers, drier, baghouse 40 truckloads a) Production Calculations Dismantle and load out 40 truckloads of plant and plant -related equipment. 1. One 40 -ton truck crane with pickup — 4 days 2. Four Operating Engineers — 10 days 3. 40 loads from M&T to Chico @ 1.5 hours each = 60 hours 4. Pilot cars: 10 loads @ 1.5 hours each = 15 hours ,b) Equipment costs 40 Ton Crane: 32 hours @$175.00/hour = $5,600.00 Pickup: 32 hours @$11.00/hour =$352.00 Lowbed or 40' Highbed 60 hours @ $80.00/hour = $4,800.00 Pilot Car 15 hours @ $50.00/hour = $750.00 TOTAL EQUIPMENT COSTS 2 c) Labor . Operating Engineer 320 Hrs. @ $59.25/hr = $18,960.00 TOTAL LABOR TOTAL TO REMOVE PLANT $� ki 4) Regrade Plant Areas Remove settling pond dikes, spread sediment over adjacent pit area; grade plant area Scraper (623B) Production 15 loads/hr. @ 20 cy/Load = 300 cy/hr x 7.5 hrs./day = 2,250 cy/day Est. quantity of Sediment: 400' x 400' x 3' divided. by 27 = 17,778 cy 17, 778 CY divided by 2250 cy/day = 7.9 days (Use 8) 8 days @ 8 hrs/day = 64 hours Blade (12G) Production 200,000 SF/Day to subgrade to +/- 0.25' 35 Acres x 43,560 SF/Acre = 1,524,600 SF 1,524,600 divided by 200,000 = 7.6 days (Use 8) 7 days @ 8 hrs/day = 56 hours Item Summary: 623 Scraper: 64 hrs. @ $182.00/hr = $11,648.00 14 G Blade: 64 hrs. @ $56.30/hr = $3,603.20 Scraper operator 64 hours x $59.25 per hour = $3,792.00 Blade operator 64 hours x $63.00 per hour = $4,032.00 TOTAL TO REGRADE PLANT AREA 23 0 5.20 5) Reve etg ation — Approximately 15 acres of perimeter will be revegetated every five years. Most, if not all this revegetation is expected to occur naturally as a result of volunteer establishment of species present in the area. If necessary natural revegetation will be augmented by planting as described in the Reclamation Plan. These plantings will use plant materials available on the M&T ranch. Plantings will be supervised and their establishment monitored by a revegetation specialist. Since plant materials and planting equipment are readily available at the M&T ranch, the only revegetation costs are expected to be for contracting with a revegetation specialist. For reclamation costs, it is assumed that the maximum perimeter (3,035 ft.) must be reclaimed. Annual Supervision of revegetation = 4 days x $960 per day = $3,840 Annual monitoring data collection, analysis and reporting= 10 days x $1,700 per day = TOTAL REVEGETATION COSTS S20,840.0 TOTAL DIRECT COSTS: , Regrade pit area = $627.75 Topsoil respreading = $2,529.15 Plant and equipment removal = $30,462.00 Regrade plant areas = $23,075.20 Revegetation costs = $20,840.00 TOTAL DIRECT COSTS _ $77,534.10 The following items are taken from Pages A-12, A-13, and A-14 included, in the Surface Mining and Reclamation Act Financial Assurance Guidelines: 6) Supervision — Taken from Graph .1 6.3% of cost $77,534.10 x.063 = $4,884.65 TOTAL COST OF SUPERVISION $4,884.65 7) Overhead and Profit — Taken from Graph 2 14% of cost - $77,534.10 x .14 = $10,854.77 TOTAL COST OF O/H AND PROFIT $10,854.77 8) Contingencies —Taken from table on Page A-12 04500,000 use 10% $77,534.10 x .10 = $7,753.41 TOTAL COST OF CONTINGENCIES $7,753.41 9) Mobilization and Permits Lump Sum $2,500.00 TOTAL RECLAMATION COSTS X103,526.93 4.. EXHIBIT 2 STATEMENT OF OVERRIDING CONSIDERATIONS FOR APPROVAL OF THE M&T CHICO RANCH LONG-TERM OFF -CHANNEL MINING PROJECT In approving the M&T Chico Ranch Mine (also referred to herein as "Project") which is evaluated in the Final Environmental Impact Report for the M&T Chico Ranch Mine Mining Use Permit and Reclamation Plan (State Clearinghouse No 97022080) ("EIR"), the County makes the following Statement of Overriding Considerations in support of its findings on the EIR and in support of the Project. The Planning Commission has considered the information contained in the EIR, and has fully reviewed and considered the public testimony and record in this proceeding. Pursuant to CEQA Guidelines Section 15093, the Planning Commission finds that specific economic, legal, social, technological,'or other benefits of the Project outweigh its acknowledged environmental consequences. As such, a statement of overriding considerations is hereby adopted. The Planning Commission hereby finds and declares, based upon substantial evidence in the entire record, that specific economic, legal, social, technological or other benefits of the M&T Chico Ranch Mine outweigh the Project's acknowledged environmental impacts. The Findings of the Planning Commission set forth in Exhibit 1 identify the environmental impacts of the Project, as well as feasible mitigation measures which have been incorporated into the Project. In addition, the Findings reject the Project alternatives as infeasible. For that environmental impact which remains individually significant after the imposition of feasible mitigation measures, a Statement of Overriding Considerations must be adopted. SIGNIFICANT AND UNAVOIDABLE IMPACTS The environmental analysis contained within Chapter 4.0 of the Draft EIR concluded that the following impacts were found to be significant and unavoidable for the proposed Proj ect: Impact 4.5.-5: Addition to Carbon Monoxide (CO) Hot Spots Under .both with, and without batch plant scenarios, certain intersections in the vicinity of the Project will experience congestion under cumulative conditions. Carbon monoxide emissions from vehicle traffic will increase at congested intersections due to increased idling time. Under Butte County Air Quality Management District thresholds of significance, the creation of a CO hot spot is a significant impact. Page I of 9 There are no feasible mitigation measures to reduce traffic congestion at the impacted intersections. The air quality impacts are a direct result of traffic congestion. Therefore, there are no feasible mitigation measures for the air quality impacts. This is a significant and unavoidable impact. Impact 4.6-4: Highway 32/West 5th Street Intersection The proposed Project will add 10 or more trips per day to the intersection of State Highway 32/West 5th street. This intersection has been identified as a location having 4 or more accidents in a 12 -month period over the last three years. This location also had more than one accident over a 12 -month period, which involved heavy vehicles. This is considered a significant impact. The intersection of SR-32/West 5th Street has had a total of 13 accidents over the last three years with 6 occurring in 1997. Two of the accidents in 1997 involved heavy vehicles. In 1999, seven accidents occurred with no heavy vehicle involvement. Accident data provided by the California Department of Transportation ("Caltrans") for this location revealed that all accidents were due to driver behavior. Field observations revealed there are no significant obstacles blocking site distance, no significant grades (level terrain), and adequate signing and striping. However, signal phasing could be improved to increase safety. Currently there are protected left -turns for the SR -32 approaches and permitted left turns for the West 5th Street approaches. With permitted phasing, vehicles turning left must yield to opposing through and right -turn movements. Field observations also revealed the absence of all -red time at this intersection; consequently, vehicles are not able to clear the intersection between signal phases. The following Mitigation Measure is set -forth: Mitiization Measure 4.6-4: Baldwin Contracting Company (`Baldwin") shall contribute a fair share contribution to.improve the intersection of State Route 32/West 5th Street by modifying the existing traffic signal to - provide split phase timing, including three seconds of yellow time and one second of all -red time per phase. The fair share contribution amount should not be based upon the relative proportion of Project vehicles traveling through the impacted intersection. The level of significance after implementation, however, is still considered significant and unavoidable. The Mitigation Measure will nevertheless be implemented as a condition of the Mining Permit as it will improve conditions at the intersection. Impact 4.6-5: Park Avenue/East 20th Street/East Park Avenue The pro�osed Project will exacerbate LOS F operating conditions on Park Avenue from East 20 Street to East Park Avenue under cumulative conditions. Page 2 of 9 The segment of Park Avenue between East 201h Street and East Park Avenue is expected to operate at LOS F under cumulative no Project conditions. The addition of Project trips will exacerbate unacceptable operating conditions. Possible mitigation measures would include physically expanding the facility or rerouting Project traffic. The physical constraints of this roadway segment (i.e., city streets with pedestrian and bicycle facilities, minimal setbacks to existing buildings) prohibit expansion from four to six lanes. Project trips may be rerouted to avoid this roadway segment, however, this is difficult to enforce. The cumulative no project daily traffic volume on this roadway segment is 36,000. The Project will add an additional 20 trips to this segment. This represents less than 1 percent increase in traffic. Therefore, the impact of Project trips being added to this roadway segment will be minimal yet significant based upon the criteria listed in the Impacts and Mitigation Measures section of the Draft EIR. No feasible mitigation measure will reduce the level of impact to this roadway segment. This is considered a significant unavoidable impact. Impact 4.6-6: East Park Avenue/Park Avenue/Highway 99 The proposed Project will exacerbate LOS F operating conditions on East Park Avenue from Park Avenue to Highway 99 under cumulative conditions. The segment of East Park Avenue between Park Avenue and Highway 99 is expected to operate at LOS F under cumulative no project conditions. The addition of Project trips will exacerbate unacceptable operating conditions. Possible mitigation measures would include physically expanding the facility or rerouting Project traffic. The physical constraints of this roadway segment (i.e., city streets with pedestrian and bicycle facilities, minimal setbacks to existing buildings) prohibit expansion from four to six lanes. Project trips may be rerouted to avoid this roadway segment, however, this is difficult to enforce. The cumulative no project daily traffic volume on this roadway segment is 40,000. The Project will add an additional 40. trips to this segment. This represents a less than 1 percent increase in traffic. Therefore, the impact of Project trips being added to this roadway segment will be minimal yet significant based upon the criteria listed in Impacts and Mitigation Measures Section of the Draft EIR. No feasible mitigation measure will reduce the level of impact to this roadway segment. This is considered a significant and unavoidable impact. Impact 4.6-7: Bruce Road/Highway 32/Skyway The proposed Project will exacerbate LOS E operating conditions on Bruce Road from Highway 32 to Skyway under cumulative conditions. The segment of Bruce Road between Highway 32 and Skyway is expected to operate at LOS E under cumulative no project conditions. The addition of Project trips will exacerbate unacceptable operating conditions. Possible mitigation measures would include physically expanding the facility or rerouting Project traffic. The physical Page 3 of 9. constraints of this roadway segment (i.e., city streets with pedestrian and bicycle facilities, minimal setbacks to existing buildings) prohibit expansion from four to six lanes. Project trips may be rerouted to avoid this roadway segment, however, this is difficult to enforce. The cumulative no project daily traffic volume on this roadway segment is 31,500. The Project will add an additional 30 trips to this segment. This represents a les than 1 percent increase in traffic. Therefore; the impact of Project trips being added to this roadway segment will be minimal yet significant based upon the criteria listed in the Impacts and Mitigation Measures Section of the Draft EIR. No feasible mitigation measure will reduce the level of impact to this roadway segment.. This is considered a significant unavoidable impact. Impact 4.6-8: Baldwin Plant Driveway/Skyway The proposed Project will exacerbate LOS F operating conditions in the a.m. peak hour and LOS D in the p.m. peak hour at the intersections of the Baldwin Plant driveway and Skyway under cumulative conditions. The intersection of the Baldwin Plant driveway and Skyway is expected to operate at LOS F in the a.m. peak hour and LOS D in the p.m. peak hour under cumulative no project conditions. The addition of Project trips will exacerbate unacceptable operating conditions. The peak hour volume signal warrant contained in the Traffic Manual, Caltrans, July 1995, is not met at this location due to the low volumes at the driveway to the Baldwin Plant. Improvements to the median crossing, acceleration/deceleration lanes, improved signing and striping, and channelization of the driveway approach could improve the safety characteristics of this intersection, and this will be reflected as a condition of the Mining Permit. In addition, signalization of the Skyway/Honey Run Road (anticipated by 2005) may provide sufficient gaps in through traffic on Skyway to improve ingress and egress from the driveway. However, no feasible mitigation measure will reduce the level of impact to this roadway segment. This is considered a significant and unavoidable impact. STATEMENT OF OVERRIDING CONSIDERATIONS The Planning Commission specifically finds that to the extent the identified significant adverse impacts have not been mitigated to less -that -significant levels, the benefits identified in Exhibit A (Section J) of these findings support approval of the proposed Project and entitlements, as follows: Fiscal and Economic Considerations 1. Continued supply of readily available aggregate for use in local public ' and private construction projects. 2. Generation of property and sales tax revenues. 3. Generation of employment opportunities associated with mining of aggregates, required monitoring and reporting, construction associated with on Page 4 of 9 site facilities and improving and maintaining roadway facilities, and restoration of wildlife areas. 4. Generation of employment opportunities for locally based company Baldwin, which employs approximately 200 people during peak construction season (approximately 80 employees are employed year round) and has an annual payroll of more than 9 million dollars. 5. Protection and development of a significant aggregate resource 'designated under the Mineral Land Classification system by the California Department of Conservation as a MRZ-2a. As explained in Draft EIR Section 3.4.3, the M&T Chico Ranch Site has been classified by the State Geologist. This report classifies the site as MRZ-2a for construction aggregates. Mineral Resource Zone 2a is specifically defined as: Areas underlain by mineral deposits where geologic data indicate that significant measured or indicated resources are present. MR Z- . 2 is divided into MRZ-2a and MRZ-2b on the basis of degree of knowledge and economic factors.. Areas classified MRZ-2a contain discovered mineral deposits that are either measured or indicated. reserves as determined by such evidence as drilling records, sample analysis, surface exposure, and mine information. Land included in MRZ-2a is of prime. importance because it contains known economic mineral deposits. Total Project reserves are estimated at over 5.5 million cubic yards (approximately 8.25 million tons). The resources identified on the Project site are considered by the State to be excellent potential aggregate sources for use in both ready -mix concrete and asphaltic concrete product. 6. Potential decrease in the use, of fuels and transportation costs for trucking aggregate to markets in Butte County and Chico compared with the current Baldwin aggregate source on Stony Creek. Section 4.3.2 of the Final EIR cites that transportation costs are a significant part of aggregate prices. In areas lacking nearby aggregate sources, delivery charges may be greater than the sale price of the material at the plant site. Transportation is a key factor in underscoring the economic importance of maintaining local aggregate sources. In many cases, for each 30 miles of haul distance, the price per ton of delivered aggregate doubles. Since much of the statewide use of aggregate is for public works projects (see Figure 4.0-1) each doubling of the price of the construction aggregate means less public improvements (e.g., roadway maintenance projects, public building construction) can .be accomplished for each public dollar. 7. Extraction of a known valuable aggregate resource consistent with local and. state policy. Page 5 of 9 Social Considerations 1 Generation of employment opportunities associated with mining of aggregates, required monitoring and reporting, construction associated with on site facilities and improving and maintaining roadway facilities, and restoration of wildlife areas. 2. Generation of employment opportunities for locally based company Baldwin Contracting, which employs approximately 200 people during peak construction season (approximately 80 employees are employed year round) and has an annual payroll of more than 9 million dollars. 3. Maintenance of adequate aggregate reserves available for future use in Butte County to account for population growth. Section 4.3. of the Final. EIR provides a collective response concerning comments received regarding the necessity of additional aggregate resources in Butte County.. In the next 30 years (the maximum permit time frame requested by the Applicant), the City of Chico will consume over 20 million tons of aggregates (four times the total reserves at the M&T Chico Ranch Mine site) while the County as a whole will consume over 60 million tons. Over the next 50 years, Chico will require more than 45 million tons, and the County will need nearly 130 million tons. When compared to the current estimates of supply, the County may currently have approximately 40 percent of its 50 -year demand and, without permitting of additional reserves for development, could exhaust aggregate supplies before 2030. While actual conditions will vary based on a number of factors, including actual unreported supplies, and production levels (which vary in response to the economy and local growth) it is clear that the County will need new aggregate production if demand is to be met. 4. Potential to reduce impacts on transportation systems and reduce air quality impacts if Baldwin's Stony Creek operation is replaced by this facility, since the aggregate resource will be closer to the Chico and Butte County markets. 5. Highly regulated, responsible mining under carefully controlled conditions, with the ability to revoke the individual permit at any time after due process, for failure to comply .with the terms and conditions of the permit. 6. Creation of an opportunity for open space and new wildlife habitat areas after Reclamation Plan implementation. The end use of the mine site will include an over -wintering pond for waterfowl and associated aquatic and wetland fauna. The pond area shall become a managed wildlife preserve. Shallow cuts along the perimeter of the pond will result in the creation of wetland areas along the pond. Safety Considerations Maintenance of 100 -year flood plain, increased storage of floodwaters and improved flood protection. As discussed under Final EIR 4.7.4 and Impact 4.4-8 (Page 4.4-76 of the Draft EIR), the creation of the proposed pond/pit will result, at the end of operations, in approximately 1,000 acre-feet of available floodwater storage and the same amount of groundwater recharge. This will be a sustained beneficial impact of the Project. Mitigation Measures Page 6 of 9 4.4-7a, b, and c provide approximately ten-year flood protection for the created lake from overflows of Little Chico Creek and from local agricultural runoff. For flows in Little Chico Creek exceeding approximately 2,000 cfs, or for flooding from the Sacramento River which yields equivalent flood stages, floodwaters will flow into the pond/lake, serving to reduce flood depths. 2 Protection of adjacent wells and generation of data relevant to groundwater quality and quantity over a period of up to 30 years (life of operation) for use by the State and County in gaining a greater understanding of groundwater resources in the area. Mitigation Measures 4.4-3e and 4.4-2c requires that the applicant develop a groundwater monitoring program, approved by the Central Valley Regional Water Quality Control Board and Butte County. 3 The Project will include fair share monetary contributions to improve and maintain transportation facilities in the area including road. pavement, intersection safety, and Little Chico Creek Bridge reconstruction. Mitigation Measure 4.6-1 requires the applicant to contribute a fair share contribution to reconstruct the Ord Ferry Road at Little Chico Creek. Mitigation Measure 4.6-2 requires the applicant to contribute a fair share of the cost to improve the pavement on River Road between Chico River Road and the Project access with a two-inch asphalt overlay. Mitigation Measure 4.6-9 requires the applicant to contribute a fair share of the cost to install a traffic signal and improve lane configurations at the Durham -Dayton Highway and Midway intersection. Scientific and Educational Considerations Protection of adjacent wells and generation of data relevant to groundwater quality and quantity over a period of up to 30 years (life of operation) for use, by the State and County in gaining a greater understanding of groundwater resources in the area. Mitigation Measures 4.4-3e and 4.4-2c requires that the applicant develop a groundwater monitoring program, approved by the Central Valley Regional Water Quality Control Board and Butte County. Environmental Considerations 1 Creation of an opportunity for open space and new wildlife habitat areas after Reclamation Plan implementation. The end use of the mine site will include an over -wintering pond for waterfowl and associated aquatic and wetland fauna. The pond area .shall become a managed wildlife preserve. Shallow cuts along the perimeter of the pond will result in the creation of wetland areas along the pond. 2. Avoidance and reduction in reliance upon highly disturbing in -stream mining and related environmental concerns associated with in -stream mining. Baldwin Contracting Company's closest available source of aggregate is its mining operation at Stony Creek near Hamilton City in Glenn County (located on SR -32). This site is nearing depletion and is considered an in -stream mining operation. The proposed M&T Chico Ranch Mine is considered an "off channel" mine, meaning that it is not located within a stream. The M&T Page 7 of 9 Chico Ranch Mine is instead located on alluvial terraces away from environmentally sensitive in -stream mine sites. 3. Potential decrease in the use of fuels and transportation costs for trucking aggregate. to markets in Butte County and Chico compared with the current Baldwin Contracting Company aggregate source on Stony Creek. Section 4.3.2 of the Final EIR cites that transportation costs are a significant part of aggregate prices. In areas lacking nearby aggregate sources, delivery charges may be greater than the sale price of the material at the plant site. Transportation is a key factor in underscoring the economic importance of maintaining local aggregate sources. In many cases, for each 30 miles of haul distance, the price per, ton of delivered aggregate doubles. Since much of the ' statewide use of aggregate is for public works projects (see Figure 4.0-1) each doubling of the price of the construction aggregate means less public improvements (e.g., roadway maintenance projects, public building construction) can be accomplished for each public dollar. 4. Potential to reduce impacts on transportation systems and reduce air quality impacts if Baldwin Contracting Company's Stony Creek operation is replaced by this facility, since the aggregate resource will be closer to the Chico and Butte County markets. The Planning Commission has balanced these environmental benefits considerations against the unavoidable and irreversible environmental risks identified in the EIR and has concluded that those impacts are outweighed by these environmental benefits, among others. Upon balancing the environmental risk and countervailing environmental benefits, the Planning Commission has concluded that the environmental benefits that the County will derive from the implementation of the Project, when combined with the other beneficial considerations discussed in this Section, outweigh those environmental risks. CONCLUSION 1. The Project includes an EIR prepared pursuant to the CEQA Guidelines. The Planning Commission has independently determined that this EIR fully and adequately addresses the impacts and mitigations of the proposed operation. 2. The number of project alternatives identified and considered in the EIR meet the test of "reasonable" analysis and provide the Planning Commission with important information from which to make an informed decision. 3. Public noticing and involvement in the process, as demonstrated in the record, were also extraordinary. 4. Substantial evidence in the record demonstrates various benefits and considerations including fiscal and economic, social, safety, scientific and educational and environmental which the County would derive and/or face from the implementation of the Project. Page 8 of 9 f J ; 5. The Planning Commission has balanced these Project benefits and considerations against the unavoidable and irreversible environmental risks identified in the EIR and has concluded that those impacts are outweighed by the Project benefits. Upon balancing the environmental risk and countervailing Project benefits, the Planning Commission has concluded that the benefits that the County will derive from the implementation of the Project, as compared to the existing and planned future conditions, outweigh those environmental risks. 6. The Planning Commission believes that the above -referenced Project benefits override the significant; unavoidable and irreversible environmental impacts identified with the Project EIR. . Therefore, for the reasons enumerated above, the Planning Commission finds that any remaining effects on the environment attributable to the Project, which are found to. be unavoidable in the preceding Findings of Fact, are acceptable due to the overriding concerns set forth -in this Statement of Overriding Considerations. Therefore, the Planning Commission should adopt and certify the Final EIR, and approve the Project subject to appropriate mitigation requirements. H Page 9 of 9 0 c EXHIBIT 3 CONDITIONS OF APPROVAL FOR M&T CHICO RANCH MINING USE PERMIT AND RECLAMATION PLAN (MIN 06-03 BALDWIN CONTRACTING COMPANY) 1. This Mining Use Permit allows the extracting, processing, and sale of up to 5,500,000 cubic yards of aggregates within Assessor Parcels 039-530-019 and 020 ("Project") in accordance with County ordinances and land use regulations subject to the following terms and conditions. This approval also allows construction of facilities ancillary to the mining project and related improvements. 2. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of the Mining Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the County Zoning Ordinance, including County Code Sec. 24-45.65. 3. Unless otherwise provided for in a special condition to this Mining Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. Owner/Operator shall commence operations within 5 (five) years from the date of issuance of the final permit. Should operations not commence within said 5 (five) years the final permit shall expire and become void, unless extended by the Planning Commission prior to expiration. 4. Amendments to an approved Mining Use Permit may be submitted to the Planning Commission, detailing proposed changes to the original plan. Substantial deviations from the original plan shall not be undertaken until such amendments have been filed with and approved by the Planning Commission. The Planning Commission shall set a public hearing regarding such amendments in the same manner as provided for in County Code Section 13-107. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of Owner/Operator. 6. Financial assurances to ensure compliance with the approved Reclamation Plan shall be in place to the satisfaction of the Director of the Department of Development Services or his/her designee prior to the establishment of the approved mining use. Financial assurances have been initially calculated at $103,526.93. 7. Prior to use of the site for the proposed use Owner/Operator shall contact the Planning Division for a field inspection to verify that all conditions and ordinance requirements have been met. Planning Division 8. All Reclamation work shall be in substantial compliance with the approved Reclamation Plan. 9. All mine operations shall comply with the Project Description and Mining Use Permit application as submitted and approved and set forth in the M&T Chico Ranch Certified Final Environmental Impact Report ("Final EIR"), dated October 2003. M & T Mining (UP 96-03) Page 1 of 6 10. Annual inspection of the -mine shall be conducted in accordance with the Surface Mining and Reclamation Act. All applicable inspection fees shall be paid in accordance with adopted rates. 11. Mine Operation and Reclamation shall be in accordance with the Mitigation Measures contained within the Final EIR incorporated herein by reference. 12. All Mitigation Measures as identified in the Final EIR for.the M&T Chico Ranch Mine are adopted as conditions of this Mining Use Permit and as such the Mitigation Measures have full weight and authority in the same manner as conditions of the Mining Use Permit. 13. Mitigation Monitoring and Reporting shall commence and proceed in accordance with the Mitigation Monitoring Reporting Plan referenced within the Final EIR. The owner/operator is responsible for all costs associated with monitoring and reporting activities including but not limited to the hourly rate of County staff time, as approved by the Board of Supervisors and as amended, and any contract services as may be necessary to conduct such work on behalf of the County as determined by the Director or designee. 14. Mining, processing, maintenance and load -out activities shall occur from 7:00 am to 5:00 pm (nine hours per day) from November through April, and from 6:00 am to 5:00 pm (ten hours per day) from May through October. Operations shall take place five days per week; however, Saturday operations may occur sporadically to meet customer demands. Aggregate load -out for delivery to the plant could also occasionally, not to exceed 30 times per year to be verified by log book, begin by 5:00 am. Only during times of declared emergency (when aggregate resources are needed to address flood damage or other natural disaster) either under executive order from the State or County, operations are allowed 24 hours until such time as the emergency is declared over. 15. Prior to establishment of the use, the Owner/Operator shall obtain County Board of Supervisors approval of the partial California Land Conservation Act (Williamson Act) immediate cancellation request or determination of compatibility. Butte County Air Quality Management District 16. The Butte County Air Quality Management District requires Owner/Operator to obtain an Authority to Construct Permit to operate. Owner/Operator shall be required to implement all emission controls necessary to assure specified limits are not exceeded on both mobile sources (mining equipment) and stationary sources (processing facilities). As noted within the Draft EIR for Impact 4.5-2 (Page 4.5-30) all diesel fueled construction -type equipment shall be required to meet the emission reduction requirements recently set by the California Air Resources Board ("CARB"). An equipment inventory shall be maintained at the project site and available for review by District staff. All equipment shall be maintained and kept in proper repair per manufacturer's maintenance schedules. M & T Muting (UP 96-03) Page 2 of 6 Department of Public Works 17. Prior to operations Owner/Operator shall construct improvements to River Road at the Project's entrance, including acceleration/deceleration lanes, turn pockets, signing and striping. Improvement plans shall be approved by the Butte County Public Works Department prior to construction. 18. Prior to operations Owner/Operator shall provide improvements to the median crossing at the Baldwin Plant site driveway and the Skyway. Improvements to include acceleration and deceleration lanes, improved signing and striping, and channelization of the driveway approach. Improvement, plans shall be approved by the Butte County Public Works Department prior to construction. 19. The project Applicant shall contribute its fair share of the costs to improve the pavement on River Road between Chico River Road and Ord Ferry Road with a two-inch asphalt concrete overlay. The fair share amount shall be based on the increase in ESALs, which is 51%. Butte County Public Works estimates the cost of this improvement to be approximately $1,200,000. Therefore, the Applicant's fair share cost would be about $40,000 per year. The Public Works Department has indicated that the fee shall be submitted annually .based on the tonnage of material that is hauled from the project site and shall be relative to an inflation index. Based on the information contained in Table 4.6-9, the cost per ton of material hauled from the project site would be approximately $0.08. 20. The project applicant shall contribute its fair share of -the cost to maintain the asphalt concrete pavement on the following roads over the 30 year life of the proj ect: • River Road; between Chico River Road and Ord Ferry Road; • Ord Ferry Road; between County Line and Dayton Road; • Durham Dayton Road; between Dayton Road and SR 99; • Dayton Road; between Ord Ferry Road and Chico City Limit; • Hegan Lane; between Dayton Road and Midway; and • Chico River Road; between River Road and Chico City Limit. Road Maintenance shall include a chip seal surface treatment every 10 years with M & T Chico Ranch Mine project's fair share contribution based on the projected net increase in ESALs as shown in the attached Table A. Based on the information contained in Table A, the cost per ton of material hauled from the project site would be approximately $0.06 and shall be relative to an inflation index. If maintenance costs are rolled into a single fee per ton of material extracted, the mitigation fee shall be made up of $0.08 per ton for the overlay on River Road, plus $0.01 per ton for the improvements to the Ord Ferry Bridge, and the installation of a signal at Midway and Durham Dayton highway, for a total of $0.09 per ton of material removed from the site. The amount intended to compensate for the extra maintenance required due to the increased truck traffic, shall be $0.06 per ton of material extracted. These fees shall be deposited by the M & T Mining (UP 96-03) Page 3 of 6 . operator into the Butte County Road Fund, and shall be adjusted for inflation based upon the change in the Construction Cost Index for San Francisco, during the month of January of each year. These fees shall cease to be collected should the County impose a countywide tax or fee for road maintenance based upon weight of materials moved over the roads. 21. Prior to establishment of the use -Applicant shall provide a fully executed agreement to preserve, maintain, restore and or repair in perpetuity, any and all mitigation improvements constructed or required as a condition of this .project. These improvements shall include, but are not limited to, any weirs, dykes, levees, channels, berms or other flood control devices. All repairs shall be completed in a timely manner Iin conformance with the adopted mitigation measures. This agreement shall be recorded and shall run.with the land. In order to insure compliance with this condition, applicant provide a performance bond, cash deposit or other County approved security; in an amount equal to 100% of the construction costs of said improvements. Said security shall be adjusted annually using the change in Engineering News Record Construction Cost Index for San Francisco as the basis for adjustment. The County, at its sole discretion, shall have the authority to call said bond and use the proceeds to perform the required work. Nothing contained in this condition shall be so construed as to attach any liability to the County for its actions or failures to act in order to preserve any of the improvements required by this project. Environmental Health Division 22. Owner/Operator shall a receive a Hazardous Material Release and Response Plan (Health and Safety Code 25500 et seq.) (Business Plan) for hazardous materials inventory and emergency response planning. 23. Owner/Operator shall receive a septic and domestic water well permit from the Environmental Health Division prior to site development for waste water disposal and drinking water. Pacific Gas and Electric Company 24. If there is a conflict between the mining operations and the PG&E natural gas line, Owner/Operator will be responsible for the relocation of the PG&E gas line. and all associated costs, along with the acquisition of new rights of ways. 25. Weights of all mining equipment shall be provided to PG&E to ensure that weights will not damage gas lines. 26. Any use of PG&E easements shall require a review and consent of PG&E. Upon review a consent agreement would be prepared if the use is appropriate. M & T Mining (UP 96-03) Page"4 of 6 Mosquito Abatement 27. Owner/Operator shall be required to comply with Butte County Mosquito and Vector Control District requirements for the cost of any future mosquito control work performed by the District at the Project site. This shall include stocking the pond with mosquito fish'to prey on and control mosquito larvae. State and Federal Requirements and Conditions 28. Owner/Operator shall comply with the Clean Water Act and obtain all necessary approvals, including a 404 Permit for fill or disturbance of wetlands and other waters of the United States. 29. Owner/Operator shall comply with the Federal Endangered Species Act, including a Section 10a Permit for incidental take of federally -listed threatened or endangered species or their habitat, if any. 30. Owner/Operator shall comply with the California Endangered Species Act, and obtain all necessary permits, including a Section 2081 Permit (Fish and Game Code 208 1) and Streambed Alteration Agreement (Fish and Game Code 1603) for incidental take of . State -listed threatened/endangered species or habitat (if anticipated) for possible impacts, if determined to the Swainson's hawk and for any new stream crossings. 31. Owner/Operator shall comply with the following Regional Water Quality Control Board requirements, and obtain all necessary approvals, including: a) NPDES Permit or Waste discharge requirements Permit CFR Title 40, Section 436, Subpart B, for on-site gravel washing and discharge of wash water to on- site settling basins. b) Stormwater Pollution Prevention Plan prior to construction activities used to identify potential pollutants and to eliminate or reduce the amount of pollutants entering surface waters. c) General Industrial Activities Storm Water Permit is required if there are storm water discharges to surface waters. d) A Review of Groundwater Monitoring Plan prior to approval by the County. 32: Owner/Operator shall comply with the following. California Department of Water Resources, Reclamation Board requirements, and obtain all necessary approvals, including: a) A Construction Activity Storm Water Permit for any construction activities where clearing, grading, filling and excavation result in a land disturbance of five acres or more. - b) A Storm Water Pollution Prevention Plan must be in place prior to construction activities. c) Compliance with the California Aboveground Petroleum Storage Act for owners and operators of above ground petroleum storage tanks to file a storage statement and prepare a federal spill prevention and control M & T Mining (UP 96-03) Page 5 of 6 114 countermeasure plan. d) A Section 401 Water Quality Certification is required for projects needing an Army Corps of Engineers 404 Permit; this certification must verify that the project does not violate State Water Quality Standards. 33. Owner/Operator shall receive a State Board of Reclamation Encroachment Permit (CCR Title 23 Section 135) for any encroachment that could reduce or impede flood flows, or would reclaim any of the floodplain within the Butte Basin, if necessary. Agricultural Commissioner's Office 34. Prior to Mining Permit issuance, submit a Weed Management Plan to the Agricultural Commissioner's Office for review and Approval. Butte County Counsel 35. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, Baldwin or any other developer/operator other than Baldwin agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, these conditions of approval are deemed satisfied. Attachment: Table A A R M & T Mining (UP 96-03) Page 6 of 6