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HomeMy WebLinkAboutM&T CHICO RANCH DRAFT EIR -HYDROLOGY SECTIONMEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Vance Severin, Environmental Health From: Dan Breedon, Senior Planner Subject: M&T Chico Ranch Draft EIR, -Hydrology Section Date: November 27, 2000 Attached please find the new Hydrology Section for the above -referenced EIR. This material has been submitted in draft form for "in-house" review by the County. I am requesting that the Environmental Health Department review this document for issues related to the Environmental Health Department's area of expertise and concern. Please provide any comments prior to January 15, 2001. Thank you for your attention to this matter. # of pages post-lt`" brand fax transmittal m Fn ° 7�� To Ca ICo. E�{� pt Dept. F �- -' Fax # Memo To: Dan Breedon, Planning Division From: Vance Severin, Environmental Health Date: 01/17/01 Re: Hydrology Section, Draft M&T Ranch EIR I have reviewed the hydrology section of the draft EIR and have the following comments: Impact 4.4-1: Groundwater Resources Mitigation Measures 4.4-1b, 1c: Mitigation measure should specify responsible agency. I assume this would be the Water Department. . Impact 4.4-2: Groundwater Quality Associated With Facilities Operation Discussion -"Proposed Project With Batch Plants Scenario The discussion and associated mitigation measures should address potential impacts from MTBE in the event of a fuel release. The Laurence Livermore National Laboratory (LLNL) study focused on benzene, not MTBE. Since the LLNL report, MTBE has been found to be a more highly mobile and persistent groundwater contaminant than benzene. Mitigation Measure 4.4-2b: This may not be a practical mitigation measure due to cost factors and problems associated with stormwater discharges to the proposed vault. Impact 4.4-3: Pit Water Quality Discussion "Proposed Project With Batch Plants Scenario" As noted above, potential impacts from potential spills of fuels containing MTBE should be addressed. Mitigation Measure 4.4-4e: A groundwater quality monitoring program may be an acceptable - mitigation if reviewed and approved by the Central Valley Regional Water Quality Control Board. The type of operating permit (i.e. conditional use permit) subject to revocation should be specified. C:\WINDOWS\TEMP\MT-EIR.doc - �` INTER -DEPARTMENTAL MEMORANDUM TO: Steve Hackney, Planning FROM: Tom Reid, Environmental Health SUBJECT: M&T Ranch Draft EIR DATE: July 8, 1998 The Public Health Department's area of interest relative to the project is well construction, domestic waste disposal and the handling of hazardous materials such as motor fuels. With respect to those areas of interest, concerns are mitigated through State and Butte County laws and regulations that are enforced by this Department. TR/mlf m&t1.tr7/8/98 , Harming Division J U L 1'4'1998 Oroville, California PROPOSED M&T RANCH GRAVEL MINE PROCESS WATER USE ANALYSIS Uncontested Assumptions (taken from applicant=s comments to first draft) 840,000 gal/day for plant wash water 80 % of wash water is recycled Remaining 168,000 gal/day is lost to evaporation and is replaced 21,000 gal/day for rock plant misters 40,000 gal/day for ready mix concrete plant. Total daily loss is 309,000 gal/day from the above Current Analysis by Hydro Science Applicant=s Analysis March through October - plants operate 5.25 Max. Aggregate production = 425,000 tons days/week = 467,500 tons of unprocessed material 309,000 gal/day x 8 months x 30 days/month Rock Plant production rate = 400 tons/hr x (percent operating rate = 5.25 days/7 days) t Rock Plant operating days = 167 - 7 hr days = 170.7 acre feet Water Use as above - 40,000 gal/day for - Nov -Feb Ready mix plant assume wash water recovery increases to 95% Rock Plant Use = 269,000 gal x 167 days = 42,000 gal/day lost to evaporation = 138 acre-feet no misters, no water truck Ready Mix Plant Operates 33-10 hr days/yr Ready Mix plant use = 40,000 gal/day based on a production rate of 150 cubic yards/hr and a maximum total production of Total daily use = 82,000 gal/day 50,000 yds Operating rate = 4 days/week 33 days x 40,000 gal day = 4 acre-feet Total Nov -Feb use = 17.3 acre/ft Total Annual Consumptive Use Total Annual Consumptive Use = 170.7 + 17.3 = 188 acre feet 138 + 4 = 142 acre feet Discussion: The applicant=s assumption that the ready mix plant will only operate 33 days a year, i.e., they will only sell concrete 33 days a year since it cannot be stored seems very unreasonable. However, the weakness in the analysis is the use of a daily use rate rather than a rate per cubic yard of concrete. I do not know what the percent weight of concrete is water but if we assume it is 25 percent then: 0.25 x 50,000 cu. yards x 27 cu. ft/cu. yard/ 43,560 cu. ft/acre-foot = 7.7 acre- feet. Thus, the applicant=s analysis from a quantitative perspective is reasonable. _ The main point of difference is that the applicant assumes that all water use occurs only while the plant is operating, and that the plant will always operate at 100 percent capacity. In my opinion that is an overly -optimistic assumption. Note that the original total water use was computed to be 859.5 acre-feet/year. Even if the applicant=s water use is adopted, then the total would be reduced by 46 acre feet, which is approximately a 5 percent reduction. I would propose that this is an insufficiently large change to warrant a complete re -analysis of the possible changes in groundwater gradients and drawdown, given that the level of uncertainty in the analysis is probably greater than this amount, and that it is highly unlikely to change the outcome of the analysis. Toby Hanes Hydro Science Feb 8, 2002 Page 1 of 2 Spoor, Cheryl From: Breedon, Dan Sent: Wednesday, February 06, 2002 2:54 PM To: 'Pole, Mike' Cc: Meleka, M:A:;-Davis, Fred Subject: RE: ADEIR Status Mike, I checked into your question about being provided a copy of the ADEIR. Our current policy is not to release the ADEIR to the applicant. The reason for this is that our County Counsel advises us that we would be required to release the document to the general public under such circumstances. This would somewhat defeat the process of reviewing an administrative draft prior to release of the public document. The idea is to have the Lead Agency review the work of the consultant and do so prior to finalizing the ADEIR. Staff will be reviewing the ADEIR very carefully. `Although you will not receive a copy of the ADEIR, please be assured that we will be in communication with you on any issues that come up. a I believe that you should have some level of comfort on the content of the ADEIR at this point because of the updating that has taken place, and because the County has ensured that KRC participated in any areas where the project's scope was called into question, or where mitigations changed the project's scope. I am committed to ensuring that the ultimate product released to the public satisfies CEQA and accurately represents the project. I also intend to ensure that KRC is aware of all project mitigation measures proposed under the ADEIR. For you information, I intend to have the ADEIR reviewed by Planning, Public Works, Environmental Health & Air Quality. f 4,q,� e I hope that this clears up this issue. If you wish to discuss please do not hesitate to contact me at 530-538-7629 Dan Breedon, Senior Planner -----Original Message ----- From: Pole, Mike [mailto:PoleM@kniferiver.com] Sent:, Wednesday, January 30, 2002 1:33 PM To: 'Breedon, Dan' Subject: RE: ADEIR Status Dan when will we get to look at it? Why not have us look at it at the same time as the county - otherwise there is considerably more delay and they (RDT) will have to make changes three times (once after county review, once after our review and once after public reviews) Thanks, Mike Pole -----Original Message ----- From: Breedon, Dan[mailto:DBreedon@ButteCounty.net] Sent: Tuesday, January 29, 2002 2:41 PM To: 'Pole, Mike' Subject: ADEIR Status Mike, Jennifer at RDT called to say that the ADEIR will be available to the County on March 4, 2002. tl , 2/6/2002 Page 2 of 2,,, County staff will review for two weeks, get any changes back to RDT and work on getting the DER available in the following two weeks, no firm date set yet. Please call or e-mail if you have any questions on this timeline. -Dan Breedon Senior Planner 2/6/2002 02/04/02 17:09 NORTHSTAR ENGINEERING 4 916 983 9194 February 4, 2002 ENGINEERING CM Enomm • Pro Ww" . sunim's Mr. David Brown CCP,\-,. Resource Design Technology 302-A S. Lexington Drive Folsom, CA. 95630 Subject: M ds T Ranch, River Road Aggregate cline Dear Dave,—.�� . [ just received the latest comments from Stu Edell. I believe the following comments address his concerns: 1. Stu correctly indicates that the FEMA floodplain, albeit a Zone A, is for the 100 -year event. We early on discussed the use of more frequent events for this project since road closures and other' impacts occurred on a much more frequent basis. 2. The storm that causes -Overtopping of the existing levee is between a S and 10 -year event and occurs at one location. Refer to pg. 6. if Public Works truly believes they have the authority to mandate no impact, then the plant site will have to be relocated out of the floodplain, period. I do not believe they have that authority.. An' increase in stage of one foot over a limited section of County road can be mitigated. As stated in the report, the only other impacted adjacent landowner is the project proponent. 3. The report specifically identifies a mitigation'measure (page 14) that addresses overtopping into the pit. It also states that design measures will need to be incorporated in order to preclude erosion and scour that could lead to migration of the creek. It is my .,and based on estimated velocities that thio can be achieved with a combination of vegetation, geotextile and riprap. I have not dont the "design' as this goes beyond the scope of my work. I have no knowledge of a berm along the east side of the pit. The proposed levee/weir discussed in the report is on the north end of the pit. This levee/weir is anticipated to be quite low to allow overtopping at select, protected locations. 20 DECIARAt1oN DRIVE CHICO, CALIFORNIA 95973 530.893.1900 FAX -693.2113 "� • c+v NLRK 1 rM 1►a< t Nb 1 NEER 1 tU a 916 993 9194 N0.128 D83 4. The issue of Little Chico Creek flows intermingling with Angel Slough seems to have no bearing on the issue at hand. I am not sure of the impactor the retnedy, but believe unless the impact is I caused by or exacerbated by the project, that it is a separate issue that perhaps the County needs to address in another manner. If the impact can be shown to be attributed to or exacerbated by the Proposed project, then mitigation could be proposed. The comment from Stu is silent on the remedy. S. While I question that the County has the authority to require no impact, the mitigation measures proposed, in my opinion, provide adequate protection for the County and adjacent property owner. 1f they in fact can required no increase in stage, then the plant and stockpiles will need to be reconfigured or moved out of the floodplain entirely or the creek capacity will have to be increased by removing the existing levee, grading and placing a new setback levee. The key issue here is of course the concept of widening and deepening Chico Creek. I tried to avoid this for obvious reasons. 6. The cross sections on the report that 1 provided to you and I believe also to the County have the stations clearly numbered. Possibly Stu has an old copy. Perhaps a meeting with County Staff is in order. We really need to clear the air on these issues. �-'A\\A&'- Michael McEnespy, P.E. NorthStar Engineering, la. VY FEB 1) BY RESOURCE DESIGN T£CHN.OL0GY, INC. Land I Minerals Environment FACSIMILE TRANSMITTAL F A rPDDEB 0 �4 2002`_ Date: February 4, 2002 To: Dan Breedon Fax: (530) 538-7785 From: Jennifer Dzakowic Pages: A. (Including Cover Sheet) Description: M&T Chico Ranch Comments ® Original will not follow ❑ Original follows by: ❑ U.S. Mail [11 -Day/Fed Ex ❑ Courier ❑ Other Message: For your review, attached, please find NorthStar Engineerings response to Stu Edell, February 1, 2002 comments on the site's flooding study. We will call you Tuesday moming to discuss a plan of action. with regards to these comments. Thanks, Jen D a,� ! •'vim/ de. o a 041-C 302-A S. Lexington DriveI Telephone: 916.983.9193 02042.9rtWorLf doc Folsom, California 95630 l Facsimile: 916.983.9194 -C CAU 0 NFEREN &T M Chico Ranch Flooding Study ... .. ..... .... ..... 041 February 8, 2002, 9. - 1000 AM iI EM DIAL W or OPERATOR ASSISTED VE6, Stuart Edell (530) 538 -7266 (530) 538-7171 Toby Hanes (707) 455-7642 (707) 455-7079 Dan Breedon (530)538-7629 (530) 666-9567 Mike McEnespy (530) 893-1600 (530) 893-2113 Dave Brown (916) 983-9193 (916) 983-9194 02/04/02 17:08 NORTHSTAR ENGINEERING 916 'SM 9194 N0.12$ 002'# R, MUM ovum ENGINEERING February 4, 2002 Mr. David Brown CO P,\. Resource Design Technology 302-A S. Lexington Drive, Folsom, CA. 95630 , Subject: M Qa T Ranch, Rile: Road Aggregate Mine , Dear Dave, 1 just received the latest Comments from Stu Edell- I believe the following comments address his concerns: 1. Stu correctly indicates that the FEMA floodplain, albeit a Zone A, is, ' for the 100 -year event. We early on discussed the use of more frequent events for this project since road closures and other impacts occurred on a much more frequent basis. • 2. The storm that causes overtopping of the existing levee is between a 5 and 10 -year event and occurs at one location. Refer to' Public Works truly believes they have the authority to mandate not impact, then the plant site will have to be relocated out of the ' floodplain, period, I do not believe they have that authority. An increase in stage of one foot over a limited section of County road can be mitigated. As stated in the report, the only other impacted adjacent landowner is the project proponent. 3_ The report specifically identifies a mitigation measure (page 14) that addresses overtopping into the pit. It also states that design measures will need to be incorporated in order to preclude erosion �• . and scour that could lead to migration of the creek. It is my opinion; based on estimated velocities that this can be achieved with a combination of vegetation, geotextile and riprap. I have not done the `design" as this goes beyond the scope of my work. I have no knowledge of a berm along the east side of the pit, The proposed levee/weir discussed in the report is on the north end of the pit. This levee/weir is anticipated to be quite low to allow overtopping at select, protected locations. ; 20 DECLARATION ORIVE s t . CHICo, CALIFORNIA 95973 • 530-BS3480p FAX -893.2113 i 02/04,-02 . 1?:08 NORTHSTAR ENG]NEERING "•1916 983 9194 , R No. 128 �'D83 - C� x .:.•.r Y y •}• 1 ,. 4 ? f t .: � n; moi. `4. The issue of Little C ` r hien Creek flows interminglingwith Angel ' Slough seems to have no bearing on the issue at hand. I am not sure of the impact or the remedy, but believe unless the impact is caused by or exacerbated by the project, that it is a separate issue _ that perhaps the County needs to address in another manner..If r the impact can be shown to be attributed to or exacerbated by the 7vx Proposed project, then mitigation could be proposed. The �� Y comment from Stu is silent •non the remedy. S. While I question that the County has the authority to require no +A f_ impact, the mitigation measures proposed, in my opinion, provide Adequate protection for the County and adjacent property owner. ' If they in fact can required no increase in stage, then the plant and r stockpiles will need tobe reconfigured or moved out of the . w ,.'floodplain entirely or the creek capacity will have to be increased ' by removing the existing levee, grading and placing a new setback < ' levee. The key issue here is of course the concept of widening and ' deepening Chico Creek. • I tried to avoid this for obvious reasons. ti . „ � :•' 6.� 'The cross sections on'the report that 1 provided to you and 1 believe " also to the County have the stations clearly numbered. Possibly. .Stu has an old copy. r' ^perhaps a meetingwith County } s ' my Staff is in order. We really need'to clear. ;4- the air on these issues. Mich• � - + • � f;t.,�; ; . ' ael McEnespy, P.E. NorthStar Engineering. i • Revised Preliminary EIR Processing Schedule for the M&T Chico Ranch Mine 1. February 27, 2001 Revised Contract Signed by Board of Supervisors for increase in contingency fund to pay for Little Chico Creek Floodplain Study 4 2. April 1, 2001 Floodplain Study Completed by NorthStar Engineering, and incorporated into the Hydrology Section. Comments Received from Public Works on Traffic Section incorporated into Traffic Section. Comments Received from Environmental Health on Hydrology Section incorporated into Hydrology Section. Comments received from applicant on Noise Section incorporated into Noise Section, if necessary. 3. April 9, 2001 Screen checks of revised traffic, noise and hydrology section provided to Planning Division. 4. April 13, 2001 35 copies of revised sections provided to Planning Division. 5. April 18, 2001 Public Review Period begins 6. May 24, 2001 Planning Commission Hearing on revised sections 7. June 4, 2001 Public Review Period ends. 8. June 18, 2001 Submission of Administrative Draft of Responses to Comments Document for comments received on recirculated Traffic, Noise and Hydrology Sections and all other Sections of the DEIR, and Mitigation Monitoring & Reporting Plan. 9. June 27, 2001 Staff response back to consultant on Administrative Draft of Responses to Comments Document for comments received on recirculated Traffic and Noise Sections and all other sections of the DEIR, and Mitigation Monitoring & Reporting Plan. 10. July 4, 2001 .11. July 11, 2001 12. July 26, 2001 Screen Checks of Response to Comment Document for recirculated EIR sections, other sections, and Mitigation Monitoring & Reporting Plan. 35 copies of the Final EIR provided to County, to include Response to Comments Document, Mitigation Monitoring & Reporting Plan. Final EIR - Planning Commission Hearing for consideration of certification. Revised EIR Processing Schedule for the M&T Chico Ranch Mine EIR 1. October 15, 2001 Floodplain Study Completed by NorthStar Engineering, and ` incorporated into the Hydrology Section. Comments Received from Public Works on Traffic Section incorporated into Traffic Section. Comments Received from Environmental Health on Hydrology Section incorporated into Hydrology Section. Comments received from applicant on Noise Section incorporated into Noise Section,.if necessary. 2'. October 25, 2001 Screen checks of revised traffic, noise and hydrology section provided to Planning Division. 3. October 30, 2001 35 copies of revised sections provided to Planning Division., 4. November 5, 2001 Public Review Period begins* 5. November 8, 2001 Planning Commission Hearing on revised sections (public input only) 6. December 20, 2001 Public Review Period ends. 7. December 28, 2001 Submission of Administrative Draft of Responses to Comments Document for comments received on recirculated Traffic, Noise and Hydrology Sections and all other Sections of the DEIR, and Mitigation Monitoring & Reporting Plan. 8. January 5, 2002 Staff response back to consultant on Administrative Draft of Responses, to Comments Document for comments received on recirculated Traffic and Noise Sections and all other sections of the DEIR, and Mitigation Monitoring & Reporting Plan. 9. January 10, 2002 Screen Checks of Response to Comment Document for recirculated EIR sections, other sections, and Mitigation Monitoring & Reporting Plan. 10. January 20, 2002 35 copies of the Final EIR provided to County, to include Response to Comments Document, Mitigation Monitoring & Reporting Plan. 11. February 14, 2002 Final EIR - Planning Commission Hearing for consideration of certification. *A contract amendment may be necessary to recirculate entire EIR. This amendment process will take place prior to Step 5 (October 20, 2001). K:\PROJECTS\M rN\M &T\TI M E LIN 3. d oc Ir t . _ EXHIBIT B COST ESTIMATE FOR RECIRCULATED DEIR " M&T CHICO RANCH MINE ' sk / Subtask _ Status .Original Cost Recirculated Cost RecirculatedAmmendment Subconsultants Costs Direct Cost (7%) Cost Total Cost ,,...... �. - -. - - i Task .1 h Pro ect Revie_w and Coordinations �'1�� • v ' �` _`' - '1" • �-... �",,_ '"" . ""`� a '' • " �' ` " , .s€ :�` �• = *'->" y �. _ `" 1.1 Kick-off Meeting No Additional tasks required $1,2501 _$1,250 1.2 Project Review - No Additional tasks required $2,7601 $2,760 1.3 Coordination - - - Additional tasks re uired $4,1101 $2,12, $1.400 $246 $3,7661 $7,886 - Task 1 Subtotal - $8,120 $2.1201 $1,400 $2461 $3,7661 $11,896 ,-'.Task 2 Draft EIR Revisions and Responses "_- ^` ;e9"k .•.°.fa_�C � . a. - s �� .. _ • _ f....<7` ="r •�'�` �., Z^"f_+ , s :- ; _- < a"-• •c - V 2.1 Traffic Section Revisions No Additional tasks required S1.920 $1.920 Subconsultant: Fehr 8 Peers - No Additional tasks required $37,980 - - - $37,980 2.2 Noise Section Revisions - No Additional tasks required $795 $795 Subconsultant: Bollard 8 Brennan - No Additional tasks required $7,500 $7,500 2.3 Liydmloqy Section Revisions (previously Master Response) No Additional tasks required 52,100 $2,100 Subconsultant: Hydro Science No Additional tasks required $16,435 - $16,435 2.4 Surface Flooding Ana sis Additional tasks required $1,760 $1,600 $235 $3,595 $3,595 Subconsultant: NorthStar - - No Additional tasks required $19,840 $19,840 ' Task 2 Subtotall1 $86,570 $1,7601 $1,600 $2351 $3,595 $90,165 aATask 3: Prepare Administrative Draft Recirculated EIR' 34 ify-Master-Respense (Bud et Moved to Task 2.3 - - ' 32 Re sen-Wevieu 'rsulaied-Sestioas (Budget Moved to Task 4.4) $8-835 3.3 Reforinal Document "=Additional tasks required x '$2100 - - 3' --� $147 '-$2 247. '$2247 1,k . 3.4 Prepare Overview of Disposition of Comments Received '" 1 " `< �" _ -+-: ' Additional tasks required -'•- •� A. . - ° •. $1,120 "" ••• - • _ , ` �` " f' $78 , -_ $1,198 u• $1 ,198 - --^a 3.5 Update and Revise Text and Figures; as necessary ::'_ .# "t�: r.. " ."... :-.. ••:< . 1.Additional tasks required �_ .. r _:f _ '.. z. $3,200 ..__._ _. '- - $224. .iK. _ ,. $3,424 "r• ? $3 424 3.6 Update Air Quality Section �i«l-. ' " -:Additional tasks required:'. $280 ' -" $20 $300 $300 Update Land Use SectionAdditional tasks required �.`_` _ ''` " :: -^5• $280 : $20 -,-:.-$300 7 $300 -:-- 9 3.8 Update Biology Section Additional tasks required. + . .- 1 " ' $720 _ a+.. - $50 -t - -> $770 '-. $770 3.9 Preoare County Review Copies 6 copies)'_ -: i*n: Additional tasks required . . + ... .:-.:,... .$7001 $49 '^' $749 ". 749 y-$2.033 -;�>iia.3.10 Meet Revise Per Stall Comments " - .,^-s-- ---^ ` *- - >� -• :>rs_Addilional tasks required-..+- •� N-. - + -w' - '+• - $1 900 'a v. $133 '- $2 033 Yr`xv-a 3111, Print and Circulate 100 copies), :- " ':. -,.: 't�� -� - ?+::' .• '- - x .-.--: ` - .„i Additional task§ required ..+-:' �' °. •' _ _ : ' ' `$i 840 -- � � $9 500 - '-$11,340 '. -$11.340 rf a 3.12 Planning Commission Study Session ." ; h r& -.+ '� -`°- %• -: "_-:: -:. Additional tasks re uired *.. `� .. ^= _ - ,:," .-+ ,$1 760 ._.. ,. 183 $123 - � -$1 $1.883 Task 3 Subtotal $13,9001 $10,344 $24,244 $24,244 e-v-Task'4�Res "onse to Comments/Final EIR _ _4`x W<,,s- 4. R (Buget Moved to Task 4.4) No Additional tasks required 4.2 Fin^' E oa,-�.«��.w�.had bu et Moved to Task 4.4 - No Additional tasks required ' 42 .... 1g-. 0.. - 1 --- (Bunet Moved to Task 4.5) - No Additional tasks required 54-360 4.4 Responses to Comments/Administrative Draft Final EIR No Additional tasks required $21,965 $21,965 4.5 Mitigation Monitoring and Reporting Plan " " No Additional tasks required $4,360 $4,360 . ,�. •, ^4.6 Print'and Circulate Final EIR ,; ,, s__;;;:,. `'_c'.N`.3'"' ..>- -., :.+." "' .i ..'• -' "> ._ `-. -Additional tasks required, = -r*J1 .f" ..i 'C ="'.c "i,....", .. ::. .7:-': ... ��- $2500 ;"".''$2500 -::..$2500 ' Task 4 Subtotal $26,325 $2,500 $2,500 $28,825 --j;,.,:.Task5 Hearings Suort,�..:� �. 7� - _ � Nxr.> .... _. _^e .►sA,.M ,�:r r"._`,%x` 6.-r_.'.T-_?_-o,,•' 5.1 Hearing on Recirculated Sections No Additional tasks required $1,825 5.2 Hearing on Certification of Final EIR No Additional tasks required $1,7751 1 Task 5 Subtotall 1$3,6001 1 « .. ontin ency ,-��C",..� - - : _�' �.l_`r'-- m`"' -� - - - - . - - - .aL.a4h`J"'v'.. axi.�'a..�i" �?',:, �s8;q' tiY .i-�,.�+� .�.,.i"�.aEim 'i: _'.� ;,�, �...,. ��aEr � .i �'ii-�- ..._` 2. �' :� -_.L __. ,�. ."''',.�° €" .�.r ,_. ¢ q Direct Costs (Estimated at 7% of Total) No Additional tasks required $2 685 - Contingency - No Additional tasks required $10 196 Direct Cost and Contingency Subtotall 512,881 ,Original Contract Cost 1 $137,496 ',�" _ a q r r,We Total Cost k- - ^e Contingency (10%) ';:8 .�" Highlighted Rows amAdditionalTasks required for Recirculation` of the DEIR.and Production of the Final EIR " fix k - - 4' „'< :� _'-Mic .e Tgtal Contract $155,130 $15,513 $170,643 s. � J Pagel of 1 r Blank • Breedon,Din Dan -- Thanks again for the opportunity to reJiew these administrative drafts. We appreciate this opportunity and provide these comments with all due respect. ,Please review them, and then perhaps we can have a meeting to discuss as soon as possible. If you are willing would-you please share these with Dave Brown, Paul Bollard, Toby Haines, and NorthStar.Engineering? Also please note, we have not yet had these sections . technically reviewed, e.g. Steve Deverel has not looked at Toby's work yet. We are proceeding with this now. -The comments really reflect concerns shared by me, Mike Pole, and Baldwin. Thanks. Heidi Tschudin TSCHUDIN CONSULTING GROUP 710 21 st Street Sacramento, CA 94814 "f ' (916) 447-1809 (916) 444-0227 fax 3/22/01 ,' COMMENTS ON NOVEMBER 19, 2000 DRAFT REVISED HYDROLOGY SECTION (RECEIVED MARCH 5, 2001) FOR M & T RANCH MINE EIR General — We appreciate this opportunity for an early review of this partially complete revised analysis. We understand portions may change with the addition of the information from NorthStar Engineering. However, we did not want to wait in alerting to you to some significant concerns we have with the direction of these revisions. Should you agree, we request that these comments be sent on to NorthStar to at least sensitize them to our issues. Page 30 (MM 4.4-1c) — It is not clear why increased pumping costs is a CEQA impact. It is a financial issue but is there an adverse physical impact? If not, maybe this belongs in a staff report, but not in the EIR. Page 32 — It is not clear why the impact changed from "less than significant" to potentially significant? There is no evidence to support change in conclusion. The analysis continues to support a finding of no impact. Page 35 (MM 4.4-2c) — We do not see any nexus provided to require groundwater quality monitoring. The text and analysis all seem to continue to support a finding of no impact. Without evidence to reasonably support conclusion, is there a nexus for the County to require this mitigation? See CEQA' Guidelines Section 15126.4(a)(4)A and B. Page 36 (first paragraph) — The water table is already exposed via Little Chico Creek (see second sentence from bottom of page 16) and every well in the area. This impact already exists. Arguably the design of project will be safer than these pre-existing . conditions. Page 36 (second paragraph) — I may be misreading this but it sounds like Toby is identifying an impact associated with pumping in the area. I do not believe we are proposing any pumping. Therefore, this is not a project impact, but an existing condition. Page 37 (first paragraph) — We are proposing to use a drag line, not a floating dredge. The text suggests here and in other places that we would be using a dredge. Also potential impacts from waterfowl are a pre-existing condition due to the Creek's existing connection to the aquifer. Didn't the Cache Creek studies dispel this issue. Page 41 (third paragraph) — This and other references to drinking water standards do not seem appropriate. We are not proposing to use water from the lake for drinking water purposes. Page 43 — The analysis does not acknowledge that: • pit is not proposed for drinking water; • there is significant filtering of water as it passes through the soils; • water in the pit is not stagnant it is free-flowing and -constantly freshening and filtering; • the Creek is already hyrdologically connected to the aquifer; 1 • the aquifer is huge compared to this minute blip proposed by project; • at best potential impacts are remote, speculative, and not reasonably foreseeable; • CEQA does not require or allow for speculation or worst-case analysis — the standard is reasonableness. Page 44 (bottom paragraph) — Agricultural tailwater and unregulated use of pesticides Q and poisons by agricultural industry are a pre-existing condition. There is no nexus for project to address impacts from that industry. Pages 45-47 — We are currently attempting to assess the physical and financial effects of the mitigation on our project and will come prepared to provide this information. Page 47 (MM 4.4-4e) — There does not appear to be a nexus for the monitoring requirement. The analysis does not support the imposition of this measure. Page 52 (bottom full paragraph) — There has been no channel movement since 1862 per added text. Clearly no mitigation measures are merited. There is no nexus for additional setback. Additional research proves this is not a migrating channel. Impact should be identified as less -than -significant. M and T\Hydro.comments.doc 2 COMMENTS ON FEBRUARY 8; 2001 DRAFT. REVISED, NOISE SECTION.FOR M" &T RANCH MINE EIR 3$4.. General —We are very concernedabout the approach and the mitigations in�tliis revised noise analysis. We look forward to addressing the approach and, hopefully, convincing _ you to make some modifications. Whether or not you agree with us regarding the approach, we also look forward to discussing the mitigations with you to assess cost; effectiveness, and effects on the project. Thank you for this opportunity. Page 4.8-4 (second paragraph) — This critique of the County's standards is important; but we believe, unfair in this context. This project should be judged against the n. standards in place. If the standards are felt to be inappropriate for whatever reason, then we hope that they would be changed in a public process, on a countywide basis,- t not ad hoc through the M & T EIR. _ Page 4.8-0 (third line) The text: "this .is a' valid concern" seems inappropriately subjective. There are no criteria given for how the validity of. the "concern" was determined, and no explanation as to why the opposing concern of the applicant was not identified, and presumably determined to not be "valid". The area is, in fact, an, r agricultural area. We believe that the conduct of noise measurement during the agricultural season is very valid. We are concerned that this statement is gratuitous and., we respectfully request- it be edited out of the final section. The suggestion that the ambient measurements were somehow adjusted to achieve a particular result is also of' concern. This would impinge on the objectivity of the EIR, ,an& we believe it is . detrimental to the process. Page 4.8 -$((third paragraph) It appears that no row crop agricultural activities .were . occurring (e.g. tilling, harvesting, spraying, etc.) and that minimal orchard crop activities - 4 were occurring. Perhaps that should be clarified, as this would demonstrate that the { measurement of existing conditions was not "worse case" or perhaps even "reasonable. case". Page 4.8-19 — The text on this page is of great concern. The revised noise analysis '. appears to acknowledge that the County has noise standards within the General Plan • ` that could be used for this purpose, but then essentially. ignores, them and sets a whole,, new standard. 4 _' .• 1 r Sections 15064(h) and 15064.7 of the CEQA Guidelines speak to the idea of } impact being determined. based on standards set by the lead agency. The County's standard is 65dB ' Ldn. As we have stated earlier, should the ; A County wish to change this it should be done through a public process, with' s appropriate analysis of the implications to all industries and land uses, and " be applied County -wide. 2. It remains unclear to us why the approach taken in the originally circulated a EIR is being changed at all. We are not aware of anything in the,.comme`nt ` letters that would have triggered this change.. We are concernedthat' it: r undermines the process. Y , 3. There is no substantiation for the revised approach. If an average. ambient is going to be used, it should reflect typical background noise for allowed existing uses in the area, not the quietest weekend morning measurement at the quietest location. CEQA mandates a reasonable approach, not a worst- case analysis. The first paragraph on page 4.8-10 indicates that the measurements are unusually low. We do not believe the use of these is reasonable. 4. The new standard would preclude ANY use of the land. Normal speech is 60 dBA (Figure 4.8-2). In other words under this proposed new ad hoc standard, a home could not be built, the fields could not be farmed, and certainly aggregate could not be feasibly extracted from this State- and locally -recognized important deposit. Page 4.8-20 (second paragraph) — The text describes the alternatives as "optional'. They are not optional in our mind. We request the term "scenarios" be used. This would be consistent with terminology used elsewhere. Page A-25 (third paragraph) — We believe a reasonable question to ask is whether and how one residence should trigger the full force of CEQA mitigation. At a certain point someone needs to ask whether it makes sense for impacts to one home to trigger hundreds of thousands of dollars of mitigation (or even preclude the financial feasibility of the project) for no public good. We also hope you will be sensitive as to whether there truly is a nexus for the mitigation. We understand why the 'EIR must disclose such an impact (assuming appropriate significance thresholds are used) but believe this may be where an override is appropriate? Would the County staff support and recommend an override of this impact? We would appreciate your thoughts on this. Please note, we are currently attempting to assess the physical and financial effects of the mitigation on our project and will come prepared to provide this information. Page A-26 (MM 4.8-1 b and c) — How would these be enforced? How could we prove these were adequately implemented? Page A-26 (MM 4.8-1 d) — We cannot address the effect of this mitigation on our operations without a specified setback. We also again question how mitigation this vague could be enforced or proved to be adequately implemented? Page A-28 (MM 4.8-3a and b) — These mitigations are too vague to know exactly what is being required and.when. Other Items — 1. There is no quantitative analysis of the project with the mitigations applied to prove that the impact is mitigated and to what extent. We believe this is necessary for the EIR to hold up to scrutiny in the next review. 2. Also there does not appear to be any analysis of the alternate scenarios (with and without the batch plant). M and TMise.comments.doc 2 October 12, 2001 V, E DY" N - OCT 1 5 2001 bari,B eedon Senior -Planner Planning Department "BUTTECOUNTY PLANNING.. DIVISION Butte County 7 County, Centei..D iv.e - Oroville, California :95965' SUBJECT: Cost .Ek f6i"the Re-cifcu1idoaof m&r, -Chico ''Ranch Mine Daft-Enviieonmental Inipact' Report (DEW Dear Dan, Enclosed, is a -Cost Tstimate* for the.Re-ciiculation of ;the "M'&T-:Chico Ranch Mirie­ DEIR (Table 1). Thef0aie', 'several- confusing aspects eds ofthis're=budg'eting, as.'some'tasks-ihaVe_:been partially or entifely:cofio'l0ted,:and '' ter-Aasks . ave, een,, som whafreddiredio.r the..n�w:ap approach. We have evared'Table -J to; -show both ;the ;6rigidal:tasks' and :b dget -the additional hydr0-1ogy flooding analysis); is arid;additionalto showthe .Itasks and budget r <the re -circulation. Where previoustasksare -redefined, weshowwhere budgets` havebeen moved. In addition, at the pciirrt_,.ev`f__�,one agrees with the, expecte,d costs, we will have to deal with the t following your review a 01, 98379193. payment, schedule. easecail.u�6 Sincerely, avid4Brown Principal, Encl. 041 1 /C Cost..estirnatc for recirculation M&T.doc 302'-A S. Lex"19ton, Or I ive Telephone: 916.983.903 Folsom, 61iforn' ia 95'630 Facsimile: 916.983.9194 X, M & T HYDROLOGY CONFERENCE CALL AGENDA (9/28/01) Purposes of this discussion are to resolve the outstanding issues regarding the revised hydrology section of the M&T Chico Ranch DEIR. Participants will be Dan Breedon, Toby Hanes, Lane Green, Mike Pole, Rene Vercruyssen, Heidi Tshudin, David Brown, and Jennifer Dzakowic. The following outlines the main topics to be covered: 1) NorthStar Engineering Flooding Analysis After reviewing the draft flooding study, Toby Hanes had numerous comments that he addressed in his May 17th letter to Dave Brown. The following outlines issues from his letter: a) Define the channel capacity of Little Chico Creek at the Jones parcel and at the proposed pit, along with the associated estimated recurrence interval. b) Analysis of flooding potential of the Jones parcel as well as impact to downstream properties as far as Angel Slough. c) Location of proposed cross-sections (North and South). d) Areas of impact and marginal increase in water depths from project. e) Potential impacts of the overburden stockpile areas located to the east of the proposed pit. f) Including M&T overflow weir as a source of flooding. 2) Proposed Mitigation Measures After reviewing the draft hydrology section, Mike Pole had numerous comments that he addressed in his June 7th letter to Dan Breedon. The following outlines issues from his letter: ��� �5��� U� �v�r•✓�. Q��/o ����� Well draw down level standards used in mitigation measures. Tyr b) Set back for adjacent wellssed in mitigation measures. C) Miti�aA?ncme�uies requiring agreements with adjacent landowners. d) Water usage calculation. e) Groundwater impacts and mitigation measures (groundwater monitoring). 3) Proposed Timeline for completing updated sections [ 2. �0 a) Completion of flooding study October 15, 2001 " G� Ae 4) Re -circulation of the DEIR a) Copy of application from applicant (for updating land use) section. b) Change Project Description to incorporate new items (i.e.berm) or leave as mitigation measures. c) Response to comments (for re -circulated EIR). 041 hydroagenda.9-28-0I Am ,•0 31^ /00/1994 18' 58 91F,-444-:022-7 TSCHLIUIN.'CONS U -TING PAGE 01+` }..r"CHUDIN. CONSULTING GROUP -71 -Street, OA 858 4 �` ,' DAVE: _TO:Teb�a�.,cs X707) SSS--7oTq (S 30 S38_ 797,0 • ' Rtnt Vcr ,� SSe►7 CS3fl _ PRS: PAGES: t� SCHUDIN (FAx MESSAGE: PLEASE DELIVER THIS DOCUMENT ASAP r ' -perS_r . ! ;� ,; • y � t . � -Lt- • ., . • • Y � - � f,'' " ^ f, n ., . ~�w .. . air '`•�, �� � ... �' � . ..1 ' � r � '`.. � - • • / }• - ` _ •a ,.. , � •, . e; � } � ,fir . �,� '` .. .• - 1 •. *,'•ice •'l IF YOU NAVE ANY PR09LEMS RECEIVING THIS FAX PLEASECALL (9161 447-1 . - ,� , ) 809. I.i L� MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: M.A. Meleka, Principal Planner From: Dan Breedon, Senior Planne Subject: M&T Chico Ranch -Update Date: August 31, 2001 Meleka, here is a summary regarding this project: At present, the following issues are on the table: 1. Completing floodplain study (HEC -RAS Model) of Little Chico Creek. This is being accomplished by NorthStar Engineering. Mike Mcenespy is the project engineer on this. Public Works has provided comments on this study directly to NorthStar. I have confirmed that NorthStar is working on these comments, which are extensive. Fundamentally, the study must demonstrate that the project will not displace floodwaters and impact surrounding lands. At this time I am told that this is not shown. Additionally, NorthStar is incorporating a sound berm into the analysis, as this berm alters the footprint of the project, it may impact the floodplain. Baldwin Contracting has hired NorthStar to design this berm, based upon dimensions provided by Paul Bollard necessary to attenuate noise impact to the nearby residence. Ideally, the berm will be situated out of the floodplain. This will be assessed by NorthStar. Mike Mcenespy indicates that the floodplain analysis will not be completed until mid-October. The Floodplain study must be incorporated into the Hydrology Section of the EIR by Dave Brown of Resource Design. That will occur with the assistance of Toby Haines, project hydrologist. 2. Inclusion of an asphalt & concrete plants at the Mine According to the original project description, the project included the operation of asphalt and concrete plants in connection with the rock quarry. At the time, County staff requested that the EIR analyze the project's impact with the batch plant and without the batch plant. On Page 1-1 of the previously completed DEIR it states that the County has not previously permitted batch plants in the A-40 zone and, for this reason, the DEIR evaluates scenarios with the batch plant and withoutthe batch plant. On page 4.2-6 of the previous DEIR it states. .."The processing of aggregate onsite may be inconsistent with the policies of the Butte County General Plan and the Butte County Zoning and Mining Ordinance. Current interpretations of the General Plan by Butte County staff seem to indicate thatthe batch plants associated with the proposed project would not be inconsistent with the policies of the General Plan (Butte County 1997). However, the specific facts associated with this Use Permit application must be reviewed by County staff and decisions thereof be made by the Planning Commission or Board of Supervisors." More recently, staff has advised the applicant that the County Zoning Ordinance and General Plan does not support approval of batch plants in the A-40 zone or Orchard & Field Crops General Plan designation. This position has been confirmed by the Board of Supervisors when they acted to deny a process that would have allowed for a use permit application process for proposals to make batch plants accessory to quarries. The most vocal critics of this process included Robinson Construction in south Oroville. Robinson Construction went through an Industrial Rezone process to allow for a batch plant next to their rock quarry. They argued that others should be held to the same standard. In my opinion, the Board, in acting to deny that process, affirmed that the rezone process was necessary to address the potential impacts batch plants had on surrounding lands. I recently discussed this issue again with the applicant. We advised that if batch plants are desired, an application for rezone and general plan amendment would be necessary, and these applications were provided to the applicant. The applicant proposes to rezone a portion of the equipment area of the mine, probably about 5 acres. The applicant has not submitted this application at this time. I indicated to the applicant that the findings for such a rezone would be difficult to make, because it may constitute a spot zone, and would be difficult to make findings of compatibility in an Agricultural area. I discussed the possibility of a Conditional Zoning Agreement to ensure that the zone could be limited by the County. - 3. Inconsistency of Batch Plant with Williamson Act Contract The M&T Ranch property is under a Williamson Act Contract or Land Conservation Act (LCA) Contract. Such a contract specifies uses that are compatible with the terms of the Contract. Generally, uses must be related to agriculture or not present a threat to agriculture. Under the LCA contract in effect for this property it states that mining is a compatible use. The specific contract language allows for sand and gravel operations subject to securing a Use Permit from the County. Batch plants are not listed as a compatible use. There is a contract section that allows for any other uses determined to be compatible by the Board of Supervisors at a public hearing and made applicable to all other contracts. 4. Request of applicant to recirculate entire EIR Resource Design suggested that it may be beneficial to recirculate the entire EIR, instead of just the three rewritten sections. This will require a revised estimate from Resource Design, which they are pulling together at this time. This may be beneficial in that the other sections can be revised for consistency, and it may be less confusing to the general public. Baldwin and Knife River Corporation seem agreeable to this. I will discuss the estimate with them when it arrives. If this is agreed to we will need to do a contract amendment (Deborah will have to help with this). These take awhile to process before the Board. We'll need to set that into motion as soon as it is agreed to. K:\PROJECTS\MIN\M&T\update memo.doc , . I'- :. ; , :: ,,. � r t 1. < I 11 "> r fi .�'' :� I ,.: � .. ,K. . T r S 11 '_. , : y . • M..1. <' 1 , , b11 C� r ?, •. L S X � I ,.},. .y ..d: L ro �, r ,C M1 k �i n r. j. +, , , ,. 2' n t ) n �" x S. .-. ;,: 4 f: �' r , {: ! s<. J' `, S AR n 'fa. r .. ,, �. -. R• Y :.,- .-;4 e w- . <., ,., W e - ".. .. - e p..3' f K ,�• s' ',7' _ .. y'J. - - +r L' . , ' ,- ". TABLE 1 COST.ESTIMATE FOR RECIRCULATED DEIR _. "''1 , . �,'•-, ., . x ' v _ • .,. ,. .., i.. ..r �. M&T CHICO. RANCH�MINE a �. w '.N . . s .' S - k " : .. , ., ... _ s .... x ._ s" r : ,,, >„ < ,- ". ; ( :, .. -.-. ... ,,. i . a s .,, -. /:S ,. .. Task ubtask C. .., , I. , < a k ; F-- r Status,. O Cost ' r,. flG � Recirculated Cost Recircttla ed - �I' Direct Cost (7°/v) .Total Cost ; :. 1.a .._ - .' , .. _ ., y . ,2 „: c. Stibconsultan` is is Cos - u , - " 1 R.. In ' TaskT P o ect Review and Coordination - ,- : s d a, -_. ' ^'A , ''' f '; , .�� _ 1.1'Kickoff Meeting - No Additional Tasks required' $1,250 • .-. ,. .` �" .'t. > ,:.1-.2 Pro' ct Review ' _ - - - - -. - 'k` - '. No Additional tasks uired : f2 760 . - J• !:L - I 5 r:r',: } ^t ;.,^ ',:-' ; ,: -, k1,:1 ,: '4 Coordination . : , '. 3 , Additional tasks required ' _ $4,110 $2,120 $1,400 y - - .6246 33,766 , I I—,...+_ a Task 1 Subtotal $S,lzo $2 120 $1,400 $246 $3,766 ,.. - _ a . y , - ' $ask 2 Draft EIR Re' iris�ons and Res onses __ - , p 1 - - . � . 2.1 Traffic Section Revisions No Additional tasks required 31,920 A - . ? Subconsultanc Fehr & Peers No Additional asks required' 637,980 , 2.2 Noise Section Revisions No Additional tasks required $795 G - I - " }" Subconsultant Bollard & Brennan No Additional tasks required _ $7,500 t - ''' r: - - .. ,.. ' , I 2.3 Hydrology Section Revisions (previously Master Response) No Additional tasks required. $2,100 . ..� y _ „- Subconsultant, Hydro Science No Additional tasks required . $16,435 ' - 5 ` r ' ; :. 2.4 Surface Flooding Analysis No Additional tasks required 31,760 ' $1,600 a{ 5235 • � $3,595 � Subconsul ant: NorthStar : No Additional tasks required $19,840 rl , Task 2 Subto $86,570 $1,760 $1 600 .; $235 $3,595 ' sk 3' P spare ff minist ar ova U�eft Recircuiateddd E1R �< � _ . ' 3 (budget moved to Task 2.3) 1 " 3-2 (budget moved to Task 4.4) `a: : � , - _ .. ._ ,g_m .tom ._ -, z .. ... _.w_. ,.. -.- .y- ...... c .. >m _. .r o .a ._ _'... _._# ., _ .. >.> ,: , .� . ..�, .:....,:e:� 2°'g'._._, -. ,.......R : ;>E -_ r__ _r ,..a'�s• . ,;:i.=#-xa ._.._ :::Refom,atDocument.. _. �_..? ._ - ,.. _ 3 3 fi z ���.�._...� _. T ..,._-3"r.,:M Ad d,uonal'tasks. uued - ''' e- ,, =' .ccs..' _,.:. s a __ '_ - �i :a .R : ._ __'..>�e-_ t2 A700 of .. zx` m' �_:... " m . -g�,:-4.. 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F. 2- _rte m .. _ U te:and.Revtse Text and,Fi tires :as:neces5a'00 3 5 g ry €._ -�:' ......, a -ate-, _ . .. _ z uired _ .'•�= '_ �'r = '. ? > --`-a--_''"-' _-:-,- $. - 3 200 % az ; '--'='-=°` ,.:r:-' ",x__.__..i°:''=" �, t • max.- r-, - 6224$ - a 3,, 424 ` . .. , 11- - h t _ _ . ,Add}uonal.tasks. ,5'' _ . s ..n;»,�-..-<...-.- -.. -.. ,..� ,,,�_r.2�__ �*�._...„,I x..,.s_ z,.. .__ ,.t,.. <.,.., _ .... r ..._ ,.s __ ..__ <,_...:. mm ..:.. _ -„ ,.. .., -.. a A ,. .i..--:.. : ms , ,: ;ig .' ' _ , :....6, U tezAir Section. = < _ m . R_ 3 nor- pda QuaLry ___ - a-'___-s`3m�'`:`z�-."..--�_._._._._..___.s.._, I:..,._ ....... _ _......!'_i ---..._... ,.�.,..�_:i,�:; moi'.. `°' '. "tea: Addmomll ntskz cared - ._ .a: _ .. 3ltz_ ,g", - .: _ x;=',E` - -:. .s_°"., ,' • $280 -':',, . ,- .,.,_s'. :,, , . :<�'�.a?. _,-x.. - 3rs_-'. _,�. _ : E' ..cT : _ _ . $ "m�-.ta.•a�,.'.,,:.::r::�2�-,.s300 < :a _,. ` ` fi4 .,, .. - - . .' .. , a _ _ .x,. ., ,.._..._.. ,� .._...__.._.>.. , .....r._ssfnbp"''X..x___ c,, ._ "`,#:.*,..,. -�M. .. m _.',F�"�+,.,• "`^�' .. u.�`G.. _. '•x,.. .,. _Z>: _' , ... _; ,.. ,: :: .. , ., .,. _• _., .:'' _e ._ .._: ski.?a':, ,`°..`I,t`. a a .7 .0 te:Land Use>Secnon ,. , _. _ $ _..4?I._.._._..rs�.,>�f<'?-:.,rt.^.!_"��---?a.:..._-...wc_=".,'',.,. ,t, ..._,.v_,,, - _ _ . €ham>'z„`L,,: Addtt oral tasks re uirrd.. A.._._.__._.. �.._ .. ,...,.„. ., m - ., .4 . 1,, . N , =«s ... «.-_..__. -: _ '_ �� :6280 ... a _µ �:> 3>= , _ n.:s"C- '+3:: _ _•-s� - .> -.. `! amu, '' aA�G„xf a _.' :E4' T" -.: �+- ,-' '"`. .y, ::',.. . ' $20 ..,,. 3"00 ,F ., . „'_ - ,% „ ".;, ',', ...3...._Pa? ,...��= "-kms, z : .., > `>_•�• .� , R,- ': ----v = . < ... 8 .0 to Bolo Seeuon. _ �. 3 _ .;._ .:_,_, .gra,._ . : _,,, , - _ _ _..���. _ �.-" ...<>:.-: -�-s :'tea. _ -- - Additional-tasks:r ulmd ._ : .es,.__._.���_�., _ rare . , _.. i :�' _ -_ f72o .,, ___ _ x��, ....,..___ .uric _ ..: ..: 0__�� _. ..��...�3._. �i+� s ��: T :fes __,� Soy? - $ ; o _ .,. :' . - : .,.' : •- .. t - , - > '"-a ;... : - , .'-`^ _.. •:•':, •. _ ., ?z _,,.. gPre re,Coun +Rev,ew Co les 6<co les _ m _ - _ 3.9 _ _P? tyl..,. _ P_ �. �__P s�:? . _.. , _ _ .. .•: w i AddtnonaLtasks r uired E - - --.. _° tea -,--'.---'s �::- l2� -,:>- MINIMIZER=: .., 34' ;.p„_,., ., ::i74 . r .. _ , -_ __ 310 . set else Per $raft Continents , ,_ _..>.x _. _ _ .__. , �� a .., , ; �"� . , . _: • m, Add€uonal;rasks r cared ._ _ tl 900 '� ._ ' sl... ��f2 0_ ". - <.x.�:.. _ �, _ _ .. ..,..... �_ a r _ .,. a 3 Pnnt.and,Circulate.Cl00.co ,es .. _. .... 1 .:_ .> _ m ..__..:,P. >� �_ ,. :... w _. .}. _ , r ._ __ Addmonal ks i ..z u reg _��k� _:' -: _ ', s ,�. .... _.. , �:_,_.: �� s ' , ,ct f. , ¢_ .x 95 =€�w.< ...a_ __ 611"40 ,3 .- ,I , , ,, 1.<.. 11 : _,., _ r ..y.,.__ -1_>. 3 Plannln Commiss,onScu Session _�..... _ .. _. _ _ ,_ .. .>, W..., ...... g . ........ dY _ _ ,c . _ :. _ Addiuortal€ttsks° cared. mq ��: -31760 �a ,>: _. - N .....x a ���„a f 123 �.. , :: �,fl 88 3 I'll _.. ._ __.. , .._..._ _ .__ <,. _`,�_��_ x... Task 3 Subtotal :._.y --� .nom ._ $10,300 .. ._ _� _ .� $10,344 _. , , $11,021 ,,. - ; Task 4 R on mm n �,-. ,:, t.„_,.._-ta.�� esp se toCo _ ®- ts_t,Fi�aIEIR ���a .mss ' '` .tm " .,, a`" - , e F -, 4 b (buget moved to Task 4.4) No Additional tasks required - a h rr , y. " '. 4 2 (buget moved to Task 4.4) No Additional tasks required a., x ! - ,-'' 43 Cbuget moved to Task 4:5) ' No Additional tasks required- f : + '; k I I- } , J ' 4.4 Responses to Comments/Administrative Draft Final EIR No Additional tasks required eq - S 21,965 ,,:; a i 5 , . . , > ; , , , . , ".r, R Y,, '',. E ,�'. 4. Mitigation Monitorin and Reporting Plan .., . . 5g Po 8 . .. No Additional tasks required $4,360 e 4 ..: ` s _.-I'.. ,: ", , , _ -. ,, 4.6-Prin[and Circulate FLtaI.E[R. - x. :� _ >e :, , _ ,... , _: ,.,� fir. - - ^.�..�� �=".' -:.�: •� ..k m. �` Add,nonal+tasks uired _ i ,,. ,, ,.;. .: .' -, _ __ .. .gat. „. _ -..>., ,_...�_,w:.-i,<_."�:,. .> _. ..q. .. =c __ .,.r­.'-"`�""� . _..s i�,�,S �i `., is ; , , Task 4 Subto $26,325 $2,Soo $2,500 ,. 1 Tusk 5, hearings Suppoii, p x^ f 5.1 Hearing on Recirculated Sections - - _ • No Additional tasks required 61,825 , x t " 5.2 Hearing on Certification of Final EIR No Additional'tasks required 31,775 , . ' '::, .,11 . Task 5 Subto - $3,600 ¢ - • Dlrect Costs / Continger►cy _ , ,d Direct Costs (estimated at of total) >,,- ,, „1 I No Additional liisks required 32,685 3 Y . " . . , Contingency No Additional tasks required 310,196 t :., , . . 11 Dlrect Cost and ContiagencySubto $12,881 y; ;• UrlglanlGontrectC� $137,496 Toial`CosE: $20,883 . t3 - - . r , ; ,, ._ , I 11-, . . '. •k Tota1 Direct Cos $13,326 S ' ` 4 ' y _ ,.... • ' ,, �.-'-ate .�-�...'-- ..__.:'� - - ...;.. _..ku „« ,. .. ' - � ', _ -�' :u�?F"% ,� .x.:: ;a '-' ,. ^�c-=s.'��a�sa�'z ^' x??�% r.- .:ix---.r,•,.�,�, ,,.. ted;Rows areTAddltlonalTasks: ulced;for Recircttlation of=ihe'DEIR=and,Production,ofat -- F na�l`EIIt 41 + � r ��t r I� ��:- St�total > otal (ost lus'Tota( Dlrect Dost ' C1 a 20 $34, 8 ,, f „ -111 , m t . _!1 . P -. . .. ' " ' _ , s}'� t Ctin I --- cy'.,104h) $3,421 ,:' I Toil Contract: $37, 629 . - - t� . . a f. - , .. , ry .' ,. _ - , 11 _ 4 t .i� - S - .. .' F } Aug 10 Decision to recirculate full EIR = Aug 15 County comments (Public Works) on r written sections Aug 15 Applicant comments on other sections Aug 15 County comments on other sections Sep 05 EIR consultant produces administrativ6 revised document Sep 12 County and applicant comments on revised document Sep 18 EIR consultant produces final revised document for recirculation Sep 20 Printing and distribution Sep 21 45 day recirculation of EIR starts Nov 05 .45 day recirculation ends Nov 05 County distributes comment letters Nov 08 Staff/applicant/consultant meeting on approach for responses Nov 26 EIR consultant produces administrative response document Dec 03 Applicant comments on response document " Dec 03 County.comments on response document Dec 12 EIR consultant produces final response document Dec 14 Printing and distribution Dec 28, County produces draft staff report Jan 04 Applicant comments on draft staff report Jan 09 Final staff report released Jan 17 Planning Commission hearing Jan 29 Board of Supervisors hearing F August 9, 2001 Summary of M&T Chico Ranch Mine Permit Application March and August 1995 — M&T consultant meets with Butte County staff on preliminary permit application.. August 30, 1996 — KRCBaldwin Contracting Company submitted use permit application to Butte County. Several prior meetings and telephone calls with Butte County Planner, Steve Hackney, provided information on application procedures: Application included hydrology study as. recommended by Steve Hackney. Application was submitted on two. different forriis as `.. Butte County' was'in the process of changing application forms. Initial application was for 315 acres. October 9, 1996 — Application deemed complete by Butte County. December 11, 1996 — Initial Study completed and EIR process begins. February 27, 1997 — Butte County promulgated request for proposal to complete EIR. � 1x31-Sz84 0 May 7, 1997 — KRCBaldwin submitted $106,850 check to Butte County for completion of the EIR by Lilburn Corporation. RTRW �sW25 &O'f* # 15894 June 23, 1997 — Received letter of General Plan interpretation from Development Services Director indicating that mining and processing as proposed in the M&T use permit application are compatible uses in the agricultural zone where the M&T project is located. Subsequent conversations with the director. suggest siting of an asphalt plant or a ready mix plant may not be allowed, but that screening and crushing plant is'allowed. December 1997 — Lilburn submits administrative draft EIR to the county and the applicant. January 14, 1998 — Meet with county staff and Lilburn to provide comments on the administrative Draft EIR. Additional written comments provided on February 6. By this time, KRC/Baldwin had agreed to reduce the size of the project to about 235 acres. May 20, 1998 — DEIR deemed complete by county staff. Steve Hackney decided to release the, DEIR without review by county staff or applicant. There had been many changes to the administrative draft that was reviewePhe county staff and the applicant in January. Also, most of the Lilburn staff working on the project left the firm in March and April. As a result, the draft EIR contained many errors. We believe that many of these errors could have been corrected prior to the document's release to the public had county staff and the applicant been able to✓ review it first. June 11, 1998 — Public hearing on DEIR. The Lilburn representative sent to the hearing had no experience on the project as Lilburn staff who conducted the EIR had left the company in March and April of 1998. As a result, the consultant provided virtually no response to any of the public's concerns addressed in the hearing. Certificate of I Agency Name and Address: Professional Practice Insurance Brokers, Inc. ' 2244 West',Coast Highway, Suite 200 Newport'Beach, CA 92663._; Insureds Name and Address: Resource Design Technology 26941 Cabot Road, Suite #104 Laguna Hills, CA 92653 a¢ rsurance 1 of 1 #S39414/M39413 ISRTIFICATE-d,_1SSUED AS A MATTER OF 00 MATION ONLY AND.CONFERS NO RIGHTS UPON E�CERTIEICATE HOLDER. THIS CERTIFICATE DOES D .� .. T AMW, EXTEND:O,R ALTER THE COVERAGE r r , A . , ... . FORUD THE -POLICIES LISTED BELOW. • - • -- -- -1 A-Amcrrican Motorists Insurance Co B. C. I D:, %. E.� COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IVIM1 rMM I MIIV. I r1C IIVJUMMIN1,C ArrUMUCU DT I MM rUL1UMO Ur0t N1CCU r1rNtIN IJ bLIWtU I I U ALL 1 Ht 1 tHMS, tXGLUSIUNS, ANU UUNUI I IUNS UI- $UGH f ULIGIE$. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS Description of Operations/LocationsNehicles/Restrictions/Special items: RE: M&T CHICO RANCH MINE PROJECT. *\A/ritton nt nnnronnto limite of Iinhilihr not Ince fhnn mmnllnt chn—n General Aggregate: GENERAL LIABILITY Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: CANCELLATION: ❑ Commercial General Liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Each Occurrence: DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Fire Dmg. (any one fire): ❑ Claims Made Combined Single Limit: THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Bodily Injury/person:,-, NOTICE WILL BE GIVEN. ❑ Occurrence Autho e r entativ 09/13/01 Property Damage. Each Occurrence: ❑ Owner's and Contractors Aggregate: Statutory Limits Protective $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim Aggregate AUTOzLIABILITY - . $0 ❑ Any Automobile ' ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -owned Autos ❑ Garage Liability EXCESS LIABILITY ❑ Umbrella Form ❑ Other than Umbrella Form A WORKERS' 7CW28663203 09/01/01 09/01/02 _ COMPENSATION AND EMPLOYER'SThis Certificate sho s the LIABILITY insured's Workers' renew Som I of the ensatio PROFESSIONAL 01`11Y. Ail p lousy issued other coverae Certificate , showing LIABILITY* s and/Or attachents ,,fill FF9 Description of Operations/LocationsNehicles/Restrictions/Special items: RE: M&T CHICO RANCH MINE PROJECT. *\A/ritton nt nnnronnto limite of Iinhilihr not Ince fhnn mmnllnt chn—n General Aggregate: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: CANCELLATION: Personal and Adv. Injury: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Each Occurrence: DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Fire Dmg. (any one fire): DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Combined Single Limit: THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Bodily Injury/person:,-, NOTICE WILL BE GIVEN. Bodily.lnjury/accident: _ .. Autho e r entativ 09/13/01 Property Damage. Each Occurrence: Aggregate: Statutory Limits Each Accident: $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim Aggregate $0 Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Butte County CANCELLATION: Attn: Dan Breedon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 7 County Center Drive DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Oroville, CA 95965 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. Autho e r entativ 09/13/01 cc: .,1 �f Certificate of Insurance 1 of 1 #M47352 Agency Name and Address: GENERAL LIABILITY THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice 03/09/03 INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. $1,00000 THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2244 West Coast Highway, Suite 200 Fire Dmg. (any one fire): NOT AMEND, EXTEND OR ALTER THE COVERAGE Newport Beach, CA 92663 $1,000,000 AFFORDED THE POLICIES LISTED BELOW. Insureds Name and Address: ® Occurrence Companies Affording Policies: A.American Manufacturers Mutual Ins. Resource Design Technology $0 B. American Motorists Insurance Co. 26941 Cabot Road, Suite #104 Aggregate: of London Laguna Hills, CA 92653 D.Lloyd's $1,000,000 Disease/Policy Limit: E. Disease/Employee: El F. COVEHAUFS: IHIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS A GENERAL LIABILITY 7RE79089301 03/09/02 03/09/03 $2,000,000 21 Commercial General Liability $1,00000 Each Occurrence: $1,000,000 Fire Dmg. (any one fire): ❑ Claims Made Combined Single Limit: $1,000,000 Bodily Injury/person: $0 ® Occurrence $0 Property Damage: $0 Each Occurrence: ❑ Owner's and Contractors Aggregate: Statutory Limits Protective $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: El Per Claim $2,000,000 Aggregate A AUTO LIABILITY 7RE79089301 03/09/02 03/09/03 ❑ Any Automobile ❑ All Owned Autos ❑ Scheduled Autos Hired Autos X❑ Non -owned Autos ❑ Garage Liability El EXCESS LIABILITY ❑ Umbrella Form ❑ Other than Umbrella Form B WORKERS' 7CW28663203 09/01/01 09/01/02 COMPENSATION AND EMPLOYER'S ,LIABILITY C PROFESSIONAL AEP120 03/09/00 03/09/03 LIABILITY' General Aggregate: $2,000,000 Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: $2,000,000 Personal and Adv. Injury: $1,00000 Each Occurrence: $1,000,000 Fire Dmg. (any one fire): $100,000 Combined Single Limit: $1,000,000 Bodily Injury/person: $0 Bodily Injury/accident: $0 Property Damage: $0 Each Occurrence: Aggregate: Statutory Limits Each Accident: $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim $2,000,000 Aggregate $3,000,000 $0 Description of Operations/LocationsNehicles/Restrictions/Special items: RE: M&T CHICO RANCH MINE PROJECT. GENERAL LIABILITY & NON OWNED/HIRED AUTO LIABILITY: BUTTE COUNTY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND DESIGNATED VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED/PRIMARY PER THE ATTACHED ENDORSEMENT. *Written at aggregate limits of liability not less than amount shown Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Butte County CANCELLATION: Attn: Dan Breedon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 7 County Center Drive DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Oroville, CA 95965 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. Autho e r entativ 03/08/02 cc: :I KEMPER PREMIER ENDORSEMENT FOR ARCHITECTURE AND ENGINEERING FIRMS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Thin endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08 1. ADDITIONAL INSURED - - BY CONTRACT, AGREEMENT OR PERMIT ADDITIONAL INSURED: Butte County, its officers, officials, employees and designated volunteers Item 5. of Section C. —WHO IS AN INSURED, is deleted and replaced by the following: Any person or organization (named above) to' whom or to which you are obligated by virtue of a written contract, agreement or permit to provide such insurance as afforded by this policy is an insured, but only with respect to liability arising out of: a) "Your work" for that insured by you, including work or operations performed on your behalf for that insured; b) Permits issued by state or political subdivisions for operations performed by you; or c) Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." This provision does not apply to any person or organization included as an insured under Additional Insured — Vendors. (NOTE: MEETS OR EXCEEDS CG 20 10 11 85) 2. PRIMARY - - NON-CONTRIBUTORY This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds. 3. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a) As if each Named Insured were the only Named Insured; and b) Separately to each insured against whom claim is made or "suit' is brought. 4. NOTICE OF CANCELLATION If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insureds on file with the Company. If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with the Company. 5. WAIVER OF SUBROGATION If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated. NAMED INSURED: Resource Design Technology I POLICY NO: 7RE79089301 Effective Date: 03/09/02 1 Expiration Date: 03/09/03 AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY Qwyupw Authorized Signature ISSUED: March 8, 2002 Note: Meets or Exceeds CG2010 11/85 Kemper Form #BP7108 FW: M&T Chico Ranch Mine Recirculated EIR Budget Page 1 of 2 Breedon, Dan From: DeBrunner, Deborah Sent: Friday, June 28, 2002.1.1.:42 AM To: Breedon, Dari Subject: FW: M&T Chico Ranch Mine Recirculated EIR Jennifer and I have agreed on the spreadsheet, and we have the revised scope of work. I need to discuss with you the payment terms, at what point, completion of - ? task, will they be paid, and how much, etc., following the foriilat of the existing contract. Debcra vDe43vwti eta Administrative Analyst III Department of Development Services (530)538-7464 538-7785 Fax -----Original Message ----- From: Jen Dzakowic [mailto:jdzakowic@resourcedesign.biz] Sent: Friday, June 28, 2002 11:23 AM To: DeBrunner,'Deborah Subject: RE: M&T Chico Ranch Mine Recirculated EIR Budget Deborah, I have fixed the fomula error and attached the revised cost estimate. The final total for the Amendment is $51, 507 and the Total Contract is $189, 003. Please advise if additional changes are required. Thanks, Jen D -----Original Message ----- From: DeBrunner, Deborah [mailto:DDeBrunner@ButteCounty.net] Sent: Friday, June 28, 2002 8:50 AM To: 'jdzakowic@resourcedesign.biz' Cc: Breedon, Dan Subject: FW: M&T Chico Ranch Mine Recirculated EIR Budget Hi Jennifer, I've looked at the spreadsheet and saxv only one formula error. It is fixed on this version - See very last entry for contingency total, formula included "M25" for an additional $300. Deborah DeBrunner Administrative Analyst III Department of Development Services (530) 538-7464 538-7785 Fax -----Original Message ----- From: Jen Dzakowic [iiiailtpJdz_il:o�_vic rcresqurcedesign biz] Sent: Thursday, June 27, 2002 5:04 PM 7/1/2002 TABLE 1 COST ESTIMATE FOR RECIRCULATED DEIR M&T CHICO RANCH MINE Task / Subtask Status _ Original Cost Recirculated Cost Recirculated Subconsultants Costs Direct Cost (7%) Total Amendment Cost Total Cost Task 1 Project Review and Coordination `�- _'' �- - - ��. .Y.;� .` .. -`.• .--_ . n _•_` -- `- `-,�'' - - '^ 1 1 Kirk -riff MP.P.11n - , 0 _ 2.222 _-,-, _�,0 Additional tasks required S1,250 S2,760 -. __ 51,250 Review TT -f No Additional tasks required 52,760 - 13 CudNinalion- - _. '"--""��•s'" -*:-" : i _ __-_Additionat_tasks required_. __y - .54,110 $8,120 -. $2120 --- J 32,120 '- 51,400 _._.-S1,400 - � 5246 --_�-- $2, . 53766 v 33,766 - r 57876 --_- 511,886 f Task 2 Draft EIR Revisions and Res onsesl- - s " "'` - •' •i5` k--. n'2• _ 2.1 Traffic Section Revisions _ Snhn0n5ultaut; FahrR Pppm -__No Additional tasks_ required- No Additional tasks required_ No Additional tasks required__--_ No Additional tasks required _ No Additional tasks required- No Additional tasks re aired --�_- 31,920. �_$37_980 _- _$7,500 _ _ _ • _ $2,100 S16.435 _ _ _ -" 519,84_0 �S86,5701 _ $1,920 -- 537,980 $795 2.2 Noise Section Revisions - - T_ _V Subconsullant_Bollard R Brennan ` _-__ ; _ _ _ { _ --- - _ --------- S3_,595 _ _ �•- - •-_ 3,595 _ _ S7,500 $2 100 516,435 _ - _ - _ - 2.3 Hydrology.SeFnon Revisipns (previously Master Response). _�-_- - Subconsullank Hydro Science __--2.4 Surface Flnnding Analysis �_ _ _` ___-_��"__�� Subconsultant_ NorthSlar _.- ` ` - Task 2 Subtotal _ T _ $1,760 S1,7601 51,600 $1,6001 - 5235 S2351 No Additional tasks requiretl._ No Additional tas_k_s_req:dred ^- - _ 53,595 519,840 590,165 Task 3 Prepare Administrative Draft Recirculated EIR r u,.a..a^^,. _2-1-,_- _^^-YVater-Quality-Masted esponse (Budget Moved to Task 2.3 _ 3.2 Response to Comments-on-Previously-EirculaitgS§ cions (Budget Moved to Task 4.4 .- -2...222_..--T--__-.;.�...,.. SIB, - - �- Additional tasks required -• S9_-9, 1 - $3,200 -- 5224- --- $3,424 - - $3,424 . 3.3 Retormat Document ' - 34 I'reRare rJveNiew Of Disposition of Comments Received , „ ' �, ` Additional tasks required ^_ tasks required _ -,- - _ •_ ,. - ; 51,120 .. • - .. _ .. $3,200 - -2222 .., . y. $78 - - 5224' - �S t�198 _ $1,198 _.. • 53,4224 - 3.5 UPCme anc _Revise Text and Fig_ur_es,_as necessary ° - - _ 3.6 Update Air Quality Section '_- -' - - __Additional Additional tasks required S286 _ _ 520 _•_'-__$3,424 5300 5300 _ _ _ ` 37 Upcate Land Use Section ' - _ - _ - _ Additional tasks required 5280 _ $20 5300 • S300 3.8 Update Biology Section - - Additional tasks required. . - - S720 _ S50 5770 $770 3.9 Prepare Revised Archaeological Section and Update in EIR - "Additional tasks required S5.250 5368 $5,618 S5,618 3.10 Prepare County Review Copies (6 copies) - Additional tasks required - $700 - S49 5749 5749 3.11 Meet and Revise Per Staff Comments - - Additional tasks required - -_- $5.100 5357 $5,457 - $5,457 • 3.12 Pnn: and Circulate (100 copies) - ° . .: . - - ..' Additional tasks required $1,840 -... $9,500 f - :. S11,340 - S11,340 3.13 Planning Commission Study Session -- : ' _ u' -• - ' .. s' .: T': Additional tasks required % ` :: .: $1,760 - ri - S123 .. S1,883 ".5.1,883 Task 3 Subtotal $23,450 571,013 534,463 534,463 Task 4 Response to Comments/Final EIR `. " ". - .'°•- ',. ^ s' /. , -• .1 - 5r 4 4,1 Response to GommentsonReurwlated iraffisand-NoiseSerAions (Buget Moved to Task 4.4) No Additional tasks required 4.2 Final-EIR-Errata-.Sheet (budget Moved to Task 4.4)- No Additional tasks required _ 4-3 11A igaepor1in944an (_Budget Moved to Task 4.5) No Additional tasks required 4.4 Responses to Comments/Administrative Draft Final EIR No Additional tasks required 521,965 -- $21,965 _ 4.5 Mitigation Monitoring and Reporting Plan No Additional tasks required $4,360 $4,360 4.6 Print and Circulate FinalEIR(' .: -.: r. : '�'�`' • - ` ` -' - • ` - Additional tasks required • SS 000. $5,000 - . 55;000 Task 4 Subtotal $26,325^ $5,000 $5,000 $31,325 Task 5 Hearings Support ' : t 5.1 Hearing on Recirculated Sections No Additional tasks required $1,825 51,825 _-- 5.2 Hearing on Certification of Final EIR No Additional tasks required $1,775 _ $1,775 Task 5 Subtotal $3,600 $3,600 . ___... -_- - 4 -- 'S, a ^-ter' - .....-'----------Direct'Cdsts /'Contin enc • �u•'1,.t, a'# .. , - ._ Direct Costs (Estimated at 7% of Total) ditional tasks required $2,685 $2,685 Contingency _ ditional tasks re uired $10 196 $4682 $14 878 Direct Cost and Contingency S��NLo $12,881 $4,682 $17,563 _- "� + o-;.;?-s_.�-"_,; .+L.i^t'�.••+ s.a.� - •- `Original Contract Cost $137496 , ,v totalAmendmentCost $51,507 Total Contract Cost HI hu hted Rows arere'Additional Tasks required.for Reiirculation.of.the DEIR andProduction. of the Final E1R $189,003 061202.MT.AdditionalCostDEIR.V2.ds - FW: M&T Chico Ranch Mine Recirculated EIR Budget To: Deborah DeBrunner Subject: FW: M&T Chico Ranch Mine Recirculated EIR Budget Deborah Per our discussion today, attached, please- find the revised M&T Chico Ranch Mine budget. Please let me know if you need additional information or have any questions. Thank, Jen D *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** *** eSafe scanned this email for malicious content '"' *** IMPORTANT: Do not, open attachments from unrecognized senders *** 7/1/2002 Page 2 of 2 t UNTY OF BUTTE X11681 CONTRACT NO, Page. I of 5 AGREEMENT FOR PREPARATION OF A DRAFT & FINAL ENVIRONMENTAL IMPACT REPORT THIS AGREEMENT made and entered into thi%:�]—th day of—�OrIVL— , 2000, among the COUNTY OF BUTTE, a political subdivision of the State of California ("County"), Resource Design Technology, Inc. ("Consultant".) and KRC Holdings, Inca("Applicant"). WITNESSETH: WHEREAS, the Applicant has submitted a project identified as M&T Chico Ranch Mine Use Permit, Mining Permit, and Reclamation Plan (Mining 96-03) for review and.approval by the County; and, WHEREAS, the County has determined that said project must have an Environmental Impact Report ("Report") prepared for it to assess potential significant environmental impact; and, WHEREAS, the County wishes to engage the services of a qualified Consultant to perform the necessary work in the preparation of the Environmental Impact Report; and WHEREAS, a Draft Environmental Impact Report ("Draft Report") and a Final Environmental Impact Report (Final Report") must be prepared; and WHEREAS, the County will need assistance and technical support in the administration of the Environmental Review Process for the Applicant's project;.and WHEREAS, the Consultant, and Consultant's subcontractors, have the knowledge and expertise to prepare the Draft Report and Final Reports in addition to providing administrative support to the County in the preparation and review of the Reports. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter contained, it is agreed as follows: SECTION 1: The Applicant shall be responsible for all the various costs related to the preparation of the Report as follows: a. Pay the County the lump sum of $117,655.70 upon signing of this Agreement, $107,178.20 dollars to be paid to *the Consultant to prepare the Draft Report, Final Reports, and Mitigation Measure Monitoring & Reporting Program, and an additional $10,477.50 contingency budget for optional tasks. Optional tasks deemed necessary and agreed to by the County shall. be funded from the contingency budget. b. Pay the County any additional fees to cover the cost incurred by the County, on an hourly rate based on time and materials, to process the Reports. C. - Grant or obtain for the Consultant permission to enter upon the property and to perform all necessary work relative to preparation of the Report; d. Hold the County and Consultant blameless and harmless for any damage to soils and vegetation which. may occur during the normal course of field work; e. Not interfere with the Consultant in the course of his/her work or his/her investigation and preparation of this Report. f. Contact with the Consultant only when County has been notified and given approval. SECTION 2: The County shall: a. Engage the Consultant to perform the work necessary in the preparation of the Draft Report for the project described in EXHIBIT "A", and attached and incorporated herein by reference; 1b. Direct the Consultant to determine at the earliest time, those factors which could severely inhibit or prohibit the proposed project, and the County will advise the Applicant of those factors for the purpose Butte County Consultant Agreement for DEIR & FEIR — Page 2 of 5 of determining the feasibility of continuing with the preparation of the Draft Report; in the event the preparation of the Draft Report is terminated, the Consultant shall be paid for the work completed and the County shall reimburse the Applicant for the uncompleted portion of the Draft Report; C. Cause the Administrative Draft for the revised Traffic and Noise Sections, Response to Comments Document and Master Response to Comments for the Hydrology and Water Quality Section to be completed no later than 70 days from date of contract approval; d. Make payments to the Consultant as provided for herein; e. Make available to the Consultant any document, studies, or other information in its possession related to the project; f. Review the Administrative Draft Report presented by the Consultant and make written comments to the consultant; g. Review the proof copy of the corrected Administrative Draft Report and authorize the Consultant to print the draft Report; h. Process and review the Draft Report according to the requirements of the California Environmental Quality Act ("CEQA") and the County's Guidelines for Implementing CEQA; I. Notify the Consultant of all public hearings which the Consultant is required to attend as specified in Section 3g. SECTION 3: The Consultant shall: a. Prepare the Environmental Impact Report according to the Work Program attached hereto EXHIBIT "B", to conform with CEQA and the County Guidelines for Implementing CEQA, and may include field exploration, review of all relevant information, laboratory tests and analyses, written reports and such other data as may be necessary to properly evaluate the impact of the proposed project on the environment; b. Consult directly with all Responsible Agencies and other agencies having jurisdiction by law of the project, during the preparation of the Draft Report; C. Comply with the County's request to make an early determination of inhibiting factors to the project, as provided for in paragraph 2(b) above; d. Submit five copies of the administrative draft of the revised Traffic and Noise Sections, Response to Comment Document and Master Response to Comments for Hydrology and Water Quality Section to the Director of Development Services, or his designee, for review and make changes as requested; e. Provide the County with two 2 proof copies of the corrected documents in 2 (d) above, following receipt of the Director of Development Services' written comments and corrections on these documents; f. Provide the County with thirty-five (35) copies of the Revised Traffic and Noise Sections upon receipt of the County's authorization to print; g. Attend no more than two 2 public hearings for which the Draft Report or the project is scheduled for review except that attendance at additional hearings may be required and reimbursed in accordance with the Consultant's budget proposal; h. Submit two 2 copies of the Mitigation Monitoring and Reporting Plan, Administrative Draft of Response to Comments Document for comments received on the revised and recirculated Traffic and Noise Sections and all other sections of the DEIR to the Director of Development Services, or his designee, for review and make changes as requested; I. Provide the County with two 2 proof copies of the corrected documents in 2 (h) above, following receipt of the County's written comments and corrections on these documents; — Butte County Consultant Agreement for DEIR & FEIR _ Page 3 of 5 Provide the County with thirty-five (35) copies of the Final EIR to include Responses to Comments Document, Mitigation Monitoring and Reporting Plan and Master Response to Comments for Hydrology and Water Quality Section, following receipt of the County's authorization to print. SECTION 4: Standard Insurance Requirements The Consultant shall provide at its own expense and maintain at all times the following insurance as described in EXHIBIT " D". SECTION 5: Standard Hold Harmless Agreement The Consultant and Applicant shall hold the County, its agents, officers, employees, and volunteers, harmless from, save, defend and indemnify the same against all claims, losses, and damages for every cause, including but not limited to injury to person or property, and related costs and expenses, including reasonable attorneys fees, arising directly or indirectly out of any act or omission of Consultant and Applicant, their agents, officers, employees, or volunteers, during the performance of its obligations under this Agreement. IT IS FURTHER AGREED that: a. The Consultant represents that neither he nor any member'of his staff has performed any work on the proposed project, has no understanding with the Applicant or any expectation of working for the Applicant in the future on said project.* b. The Consultant, his employees, and subcontractors shall be considered independent contractors. C. Any reports, information or other data prepared by the Consultant under this Agreement shall not be made available to any individual or organization by the consultant without prior written approval of the County. The County shall have the unrestricted authority to publish, disclose, distribute or otherwise use, in whole or in part, any reports, data or other material prepared under this Agreement. d. The Consultant shall be paid a sum not to exceed one -hundred and seven thousand, one -hundred and seventy-eight ($107,178.20) dollars and twenty cents for all work necessary to carry out the requirements of this Agreement. Payments will be made in accordance with the following schedule: The Director of Development Services shall be authorized to pay the initial ($32,153.46) 30 percent within ten (10) working days of the execution of this Agreement; 2. The Director of Development Services shall be authorized to pay ($21,435.64) 20 percent upon submission by the consultant of the Administrative Draft of the revised Traffic and Noise Sections, Response to Comments Document, and Master Response to Comments for Hydrology and Water Quality Section; The Director of Development Services shall be authorized to pay the ($32,153.46) 30 percent upon submission of the printed copies of the Mitigation Monitoring and Reporting Program and Administrative Draft of Responses to Comments Document for comments received _ Butte County Consultant Agreement for DEIR & FEIR _ SECTION 6: SECTION 7: Page 4 of 5 on the revised and recirculated Traffic and Noise Sections and all other sections of the - DEIR; 4. The Director of Development Services shall be authorized to pay the ($10,717.82) 10 percent upon submission of the printed copies of the Final EIR, to include the Responses to Comments Document, Mitigation Monitoring and Reporting Plan, and Master Response to Comments for Hydrology and Water Ouality Section. t 5. The Director of Development Services shall be authorized to pay the remaining ($10,717.82) 10 percent upon certification of the Final EIR and filing of a Notice of Determination. 6. Any portion of the contingency budget, up to the total amount of $10,477.50, upon proof of completion of any optional tasks identified by the County. Time is of the essence in carrying out the terms of this Agreement. It is understood that unforeseeable events or conditions may delay the completion of the work; in which case the Consultant must request an extension of time, in writing, five (5) days before the applicable deadline. No requests for extensions will be granted unless made within seven (7) days of the event giving rise to the request. The County may terminate this Agreement at any time by giving written notice to the consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event; all finished or unfinished documents and other materials prepared pursuant to this Agreement shall, at the option of the County, become its property. The Consultant shall be entitled to receive his actual cost for satisfactory work performed based upon the number of hours for men and equipment and for mileage at the rates listed in EXHIBIT "E", attached hereto. * Resource Design Technology, Inc. provides a disclosure statement indicating that project manager, David Brown, previously prepared the M&T Chico Ranch Mine administrative draft Environmental Impact Report in his capacity as Vice -President for Lilburn Corporation. It is indicated that Mr. Brown terminated his employment with Lilburn Corporation in December 1997, and formed Resource Design Technology, Inc. — Butte County Consultant Agreement for DEIR & FEIR _ IN WITNESS WHEREOF, the parties hereby agree: RESO CE ESI CHNOLOGY, INC. by David E. wn, inci datef KRC HOLDINGS, INC. by Ter desta date Pjg�'ent and Chief Executive Officer by W JUN 2 7 2000 CH-Aff \- date Board of Supervisors A'I�EST/. John Blacklock,& hief �strative and Clerk of the Board APPROVED A TO ORM: Butte Co Couns 1 by ( d0 APPROVED: Risk Mang er by n Butte County Auditor to by OMM _ Butte County Consultant Agreement for DEIR & FEIR _ Page 5 of 5 r 1 IN WITNESS WHEREOF, the parties hereby agree: RESO CE ESI CHNOLOGY, INC. by David E. wn, inci datef KRC HOLDINGS, INC. by Ter desta date Pjg�'ent and Chief Executive Officer by W JUN 2 7 2000 CH-Aff \- date Board of Supervisors A'I�EST/. John Blacklock,& hief �strative and Clerk of the Board APPROVED A TO ORM: Butte Co Couns 1 by ( d0 APPROVED: Risk Mang er by n Butte County Auditor to by OMM _ Butte County Consultant Agreement for DEIR & FEIR _ Page 5 of 5 EXHIBIT "A" PROJECT DESCRIPTION M&T CHICO RANCH MINE The project is a request to develop a sand and gravel mining operation with associated processing facilities: crushing and screening, processing plant, ready mix concrete plant, and asphaltic concrete plant, encompassing approximately 235 +/- acres. Material is to be removed to a depth of 70+/- feet, conveyed to the adjacent processing plants, and sold or used as new material to produce asphalt and/or concrete and concrete ready mix. The site will be reclaimed to groundwater recharge ponds, wildlife habitat and other wetlands. The proposed mine area will be approximately 8,100 feet in length and 1,400 feet in width. The permit life will be approximately 30 years. The project site is located 5 miles southwest of the City of Chico, south of Chico River Road, and north of Ord Ferry Road. EXHIBIT "B" r PROPOSAL FOR COMPLETION OF THE M&T CHICO RANCH MINE ENVIRONMENTAL IMPACT REPORT Submitted to: Butte County Planning Division Department of Development Services 7 County Center Drive Oroville, California 95965-3397 Prepared by: Resource Design Technology, Inc. 302-A South Lexington Drive Folsom, California 95630 Telephone: (916) 983-9193 Facsimile: (916) 983-9194 x March 20, 2000 Revised May 3; 2000 Further Revised June 1, 2000 TABLE OF CONTENTS Page 1.0 INTRODUCTION.......................................................................... 1 2.0 APPROACH AND SCHEDULE........................................................ 5 2.1 Approach................................................................................... 5 2.2 Schedule.................................................................................:5 3.0 SCOPE OF WORK......................................................................... 7 3.1 Work Tasks...............................................................................7 - Task 1: Project Review and Coordination ............................................... 7 Task 2: Revisions to Draft EIR Traffic and Noise Sections ........................ 7 Task 3: Response to Comments........................................................... 9 Task 4: Completion of Final EIR...........................................................10 Task 5: Hearing Support.....................................................................11 4.0 COST...................................................................................... 11 4.1 Estimated Costs......................................................................1 1 4.2 Payment Schedule...................................................................12 5.0 AUTHORIZED OFFER................................................................. 12 6.0 PROJECT MANAGER................................................................. 12 LIST OF TABLES Table 1 Scope of Work Schedule Table 2 Cost Estimate APPENDICES Appendix A Resume of Project Manager Appendix B Standard Schedule of Charges Appendix C Revised Fehr & Peers Associates, Inc. Scope of Services and Cost Estimate i RESOURCE DESIGN T f C H Ni 0 I. 0 G Y. I N C. 1.0 INTRODUCTION This proposal has been prepared in response to the February 18, 2000 Request for Proposals (RFP) issued by Butte County (County). The County is seeking completion of the Environmental Impact Report for the M&T Chico Ranch Mine project, File No. Min 96-03 (State Clearinghouse No. 97022080). In conformance with the RFP, this proposal concisely addresses the work program, schedule, approach, methodology, report format and contents, technical approach and other details specified in the RFP. In preparing this proposal, we have reviewed and considered the available data, including the Draft Environmental Impact Report (EIR) and the documentation provided with the RFP. Our staff is familiar with the project and its proposed site, surrounding land uses, roadways and intersections and all other existing conditions and potential impacts, as our office previously prepared the administrative draft EIR for this project. Considering this background and our staff's extensive experience in preparing EIRs on controversial mining projects, we believe that a relatively straightforward final EIR can be prepared that focuses on the significant issues of concern to the public and decision makers. Butte County has received proposed work plans and cost estimates from three subcontractors involved with preparation of the draft EIR: Fehr & Peers Associates, Inc., Bollard & Brennan, Inc., and Hydro Science. Each of these firms was initially contracted by our staff to work on this draft EIR, and we would accept their proposed work plans and recommend to the County continuance of their involvement. Each of these firms have a reputation for high quality technical work, and an understanding of mining projects. Their continued involvement would minimize the time and cost to complete the final EIR, as compared to introducing a new consultant to the project' and work completed. The following summaries respond to common questions raised by industry or agencies pertaining to a consultants ability to adequately perform the contracted work. The complete requirements specified in the RFP are provided throughout the remainder of this proposal; common questions are addressed below: Professional Qualifications and Similar Experience; Resource Design Technology, Inc. (Resource Design) has extensive experience in the preparation of environmental documentation throughout California. We have prepared both federal Environmental Impact Statements (EISs) and state Environmental Impact Reports (EIRs). Our breadth of experience includes preparation of California Environmental Quality Act. (CEQA) documents for residential, commercial, and industrial projects. In addition, and most relative to this project, our firm has developed specialization in these environmental documents for precious metal, industrial minerals, and aggregate mining operations throughout California, including some of California's largest and most controversial sites. In preparing EIRs on mining operations, Resource Design is engaging in work that it is entirely familiar with and is well prepared to complete. Our team relationships are long established and the process and work products are familiar tasks we have previously 1 RESOURCE DESIGN T r. C H N 0 I. 0 G Y. I N C. completed. Our project team is therefore uniquely qualified for this EIR in that virtually all of the members have either long-term acumen in the issues to be addressed or have been significant contributors to recent similar projects. Our proposed Project Manager, David Brown, has been preparing planning and environmental impact documentation for over 17 years. References that can attest to the quality of our staff's work on mining projects and EIRs include: • Marvin Demmers Planner II Resources Management Tulare County 5961 E. Mooney Boulevard Visalia, CA 93277 (209) 730-2653 • Mr. Leon Martinez Deputy Director Planning and Community Development Department Merced County 2222 M Street Merced, CA 95340 (209) 385-7654 • David Morrison Resource Management Coordinator Planning Department Yolo County (530) 666-8041 • Mr. Pierre Rivas Senior Planner El Dorado County 2850 Fairlane Court Placerville, CA 95667 (530) 621-5355 • Mr. Bill Walker Associate Planner Department of Resource Management Shasta County 1855 Placer Street, Room 103 Redding, CA 96001 (530) 225-5532 • Mr. Randy Scott Land Use Services San Bernardino County 385 North Arrowhead Avenue 3rd Floor San Bernardino, CA 92415 (909) 387-4096 Completion and Quality of Similar Studies: Resource Design's team staff have been preparing environmental impact reports for nearly 20 years; moreover, we are recognized experts at addressing the environmental consequences of all forms of land use, especially mining issues and related reclamation. We have developed key subconsultants that are very familiar with the technical disciplines of mining projects and have gained the professional experience and expertise to complete the M&T Chico Ranch Mine project. We would be pleased to show the County examples of other successful mining EIR projects completed by our staff. Record of Performance: Resource Design staff, have a long history of preparing environmental documentation. Our experience, gained from intensive work on virtually all types of mining projects, is a strong asset for addressing the complexities associated with mineral resource development. Methods of preparing accurate and complete 2 RESOURCE DESIGN T L• C H N 0 I. 0 G Y, I N C. environmental analyses have been developed, and are combined with current strategies needed to resolve contemporary issues particular to the mining industry. The results benefit both the project and the quality of the environment. Examples of mine EIRs under the direction of our team Project Manager include: • Stillwell Project: EIR for the development of a new off -channel operation for the extraction of aggregate resources to be transported to an existing processing plant. This project encompassed 156 acres and will continue to operate over a 10 to 20 year period, with reclamation to a lake with surrounding grazing pasture. Key environmental issues included loss of habitat for the Valley Elderberry Longhorn Beetle, traffic, noise impacts to nearby residences, and potential water and visual impacts. (Lead Agency: Tulare County; Operator: RMC Pacific Materials.) • Castle Mountain Mine Expansion: EIS/EIR for 550 -acre expansion to the third largest gold mine in California. Project would extend mine life by 10 years, create additional mine pits, heap leach pads, and incorporate pit backfilling. Final expanded project will mine 145 million tons of overburden and process 71 million tons of ore. (Lead Agency: San Bernardino County; Operator: Viceroy Gold Corporation.) • Cache Creek, Aggregates EIR: EIR addressing off -channel mining permit for seven mine quarries covering 360 acres, and processing of up to one million tons per year. Key environmental issues included noise, pit river capture from Cache Creek, PMio generation, aesthetics, and potential water quality .impacts. (Lead Agency: Yolo County; Operator: RC Collet.) • Teichert Esparto EIR: Thirty-year off -channel mining permit for a single 148 -acre mine quarry, and for processing of up to 1.2 million tons per year. Project included mining to depths of up to 150 feet using dry pit (scraper) and wet pit (dredge) mining methods. Planned reclamation is to open water and wildlife habitat. Key environmental issues included potential pit river capture from Cache Creek, loss of prime agricultural soils, PM10 generation, and potential water quality impacts. (Lead Agency: Yolo County; Operator: Teichert Aggregates.) • Arctic Canyon / Cushenhury Quarry: A 400 -acre expansion to a high quality limestone mine. Mine quarries will provide 60 years of reserves to the existing mine. Key environmental issues included addressing impacts and revegetation for federally listed carbonate endemic plant species. (Lead Agency: San Bernardino County; Operator: Specialty Minerals, Inc.) Ability to Work Closely with County Staff Throughout the Project Review Process: Resource Design's team has worked with lead agency jurisdictions statewide. We are uniquely skilled in understanding the environmental impacts of continuing to develop previous mining sites and in addressing those concerns. Our Sacramento regional office, from which this project would be performed, is located conveniently within two hours driving time to the project area, meetings can therefore be scheduled at virtually any time, with minimal notice. 3 RESOURCE DESIGN T r. C 11 N O 1. O G Y. .1 N C. We are familiar with the region and especially with environmental concerns as related to mining activities as we are currently assisting other operators in the area. Most importantly, we are experienced in understanding environmental concerns and impacts of mining. As Resource Design works both with industry and agencies addressing the common interests of project permitting and environmental conservation, our ability to cooperatively work with all parties is an established hallmark of our success. We welcome the opportunity to again bring our mining EIR expertise to the County via this final EIR. Legally Defensible EIR: Our team's Project Manager has prepared and managed not only similar projects, but none has ever been successfully challenged and found inade- quate under CEQA. Our approach to EIR preparation is one of constant improvement to reflect the changing regulations and standards in our industry. This approach to our work has been a successful foundation to avoiding challenge to EIR adequacy. Equipment, Technical and Financial Resources: We employ Pentium III, 400 MHz computers and maintain up-to-date software (including the required software for this project). Resource Design is a privately owned, self -financed operation. We have no current debt, and are sufficiently financed and capable of responding to the County's needs for this project. Scope of Work and Schedule: The County has prepared a detailed list defining the environmental issues of concern. Resource Design proposes a scope of work that will satisfy the requirements of CEQA, and provide an evaluation sufficient for use by responsible agencies in issuing subsequent permits. The level of detail and analysis proposed is aimed at the anticipated needs and desires of the project area, the anticipated environmental issues, the degree of impact expected, and accepted professional standards. Our team has the capabilities and experience to complete the process in a time efficient manner, as we specialize in mining -related and other industrial land use EIRs (and already have detailed knowledge of this project), we would require no learning curve. This knowledge also provides the advantage of anticipating issues and readily accommodating project or other changes with the least possible impact to the overall schedule. We propose io complete the EIR process within the County's schedule as defined in the RFP (see Table 1). Cost: The Resource Design team believes in being reasonable in cost and adhering to budgets. The nature of the EIR process is comprised of some tasks that are entirely within our control, but unfortunately, many that are not. The EIR process will be influenced by input from the public sector and other responsible agencies. Our assistance in this regard is primarily to anticipate issues and desires accurately, thereby addressing them as efficiently as possible. 4 RESOURCE DESIGN T r•. C N N 0 I. 0 G Y. I% C. Disclosure Statement: Resource Design's project manager, David Brown, previously prepared the M&T.Chico Mine Ranch administrative draft Environmental Impact Report in his capacity as Vice -President for Lilburn Corporation. Mr. Brown terminated his employment with Lilburn Corporation in December 1997, and formed Resource Design Technology, Inc. 2.0 APPROACH AND SCHEDULE 2.1 Approach The environmental review process for the M&T Chico Ranch Mine has been extended due to public opposition and environmental concerns. The County has determined to re -issue portions of the draft EIR. Additional controversy and public concern is expected. Resource Design is familiar with public concerns regarding the environmental consequences of mining, processing and materials transport. Because mining operations undergoing a public permitting process typically induce close scrutiny and controversy, it is important for the EIR process to remain focused on the technical issues and factual evidence. While the M&T Chico Ranch Mine would be a .new mining site, the environmental consequences of such an operation are well known from other sites in the region. We are experienced with the issues and scope of available mitigation from our permitting and compliance work at mining sites statewide. Resource Design will approach the final EIR as a full disclosure document designed to provide mitigation for each significant effect. Our documents are clearly written and well organized to minimize unnecessary controversy or disagreement about the facts, and allow decision makers and the public to focus on the significant issues. 2.2 Schedule We have reviewed and are prepared to meet the County's defined schedule, as shown in the RFP as follows: Required Documents Administrative Draft of the revised Traffic and Noise Sections, Response to Comments document, Master Response to Comments for Hydrology and Water Quality Section Number 5 Copies Due Date September 5, 2000 5 RESOURCE'DESIGN T f•. C FI N 0 I. 0 G Y. I N C. Required Documents Number Due Date Screen Checks of the revised Traffic and Noise Sections, Response to Comments Document, Master Response to Comments for Hydrology and Water Quality Section Revised Traffic and Noise Sections and Response to Comments Document Administrative Draft of Responses to Comments Document for comments received on recirculated Traffic and Noise Sections and all other sections of the DEIR, and Mitigation Monitoring and Reporting Plan Screen Check of Response to Comments Document for Recirculated Traffic and Noise Sections and all other sections of the DEIR, and Mitigation Monitoring and Reporting Plan Final EIR, to include Responses to, Comments Document, Mitigation Monitoring and Reporting Plan, and Master Response to Comments for Hydrology and Water Quality Section 2 copies 35 copies 2 copies 2 copies 35 copies October 2, 2000 October 17, 2000 December 6, 2000 December 22, 2000 January 2, 2001 Although the steps in the EIR process are relatively predictable, unexpected issues, events, public or decision -maker concerns, and other factors will occur, especially in' controversial and complex projects. Our team has the ability to avoid or contend with such effects, and minimize schedule delays due to factors such as: • Our ability to'anticipate problems and address them early; • . Our adaptability and flexibility in work methods and problem solving; and 0 Our talent and experience from similar situations. Other factors, including the degree of cooperation of the applicants, legal or other advice, and ability to quickly authorize budget amendments if needed, are also important. The Resource Design team will make all efforts to ensure that factors that are within`our control will not be cause for schedule delay. 6 RESOURCE DESIGN TECH N 0 I. O C Y. I N C. . 3.0 SCOPE OF WORK 3.:1 Work Tasks Task 1: Project Review and Coordination In this task, the project information received since our involvement will be reviewed, and the issues and scope of the final EIR will be refined. Subtask. 1. 1: Introductory Meeting One kick-off meeting with Planning Department representative(s) and the applicant has been budgeted. Sub task 1.2: Project Review The project has progressed through circulation of the draft EIR. Substantial comments have been received that will require detailed, review by Resource Design. The draft EIR will be reviewed, as well as any supplementary reports, data, correspondence, maps and any other material which has been generate regarding this project. Sub task 1.3: Coordination This task will be ongoing throughout the EIR process and will involve coordination to inform the County of the results of the supplementary analyses as they are completed, and to resolve issues regarding the response. Coordination will include discussion of issues concerning the analysis, obtaining information necessary for the EM, contract administration, and other efforts. Task 1 Work Products: Status reports and correspondence. Task 1. Meetings: One coordination meeting; one site visit. Task 2: Revisions to Draft EIR Traffic and Noise Sections The draft EIR has been subject to public review and comment. The County has determined that further work is required for the traffic and noise sections which will be circulated for public review and comment. Resource Design will coordinate with the subconsultants for preparation of their technical reports, and prepare a summary of the draft EIR and project description that will support recirculation of the Traffic and Noise sections. The EIR will be written in clear language intended to be easily understood by the decision makers, responsible agencies, and public 7 RESOURCE DESIGN T E C H N O L O G Y I N C. for whom it will serve as a source of information concerning the project. 'Technical terms will be defined in a glossary. Quantitative information will provided in tables. Where explanation of an issue or concept can be more clearly understood graphically, graphics will be provided. Subtask 2. 1: Traffic The additional traffic study will be completed by Fehr & Peers Associates, Inc. (Fehr & Peers). The complete traffic studies will be included as an Appendix, while the results will be summarized in.the body of the EIR. We concur with Fehr & Peers' complete scope of services as attached to the RFP, which generally includes analysis of the following intersections: • SR 32 and River road; • West 5h Street and SR 32; • Ord Ferry Road and Dayton Road; • Ord Ferry Road and River Road; • The ingress/egress at Baldwin Construction on the Skyway; • Durham Dayton Highway and the Midway. Road segments and intersections studied will be clearly identified. An assessment of the traffic impacts will include agricultural harvesting and Chico State University's traffic, traffic accident analysis for primary haul routes, a determination of a pro -rata or fair share approach to traffic fees for road construction, an evaluation of bridges used for primary haul routes. Modifications or mitigation will be developed for significant changes brought about by the project. These recommendations may include street improvements, site plan modifications, or transportation demand management measures. Resource Design will coordinate this effort and integrate Fehr & Peers' report into a format acceptable for recirculation as part of the draft EIR. Subtask 2.2: Noise Bollard & Brennan, Inc., acoustical consultants, will complete the tasks specified in their November 15, 1999 letter as attached to the RFP. The general scope includes: Noise Criteria will be determined by noise level standards based on the ambient noise level, the Butte County General Plan Noise Element that are applicable to this project as well as germane CEQA standards. s RESOURCE DESIGN TECH NO I. O G Y. I N C. Existing traffic and general ambient noise levels in and near the project area will be analyzed through noise level measurements and through application of accepted traffic noise prediction methodologies. If significant noise sources other than traffic are identified within the . project area of influence, noise generation of those sources will be quantified through additional noise measurements. Significant noise impacts due to and upon the proposed project will be identified. Specific impacts to be evaluated include noise associated with project -generated traffic and aggregate mining/processing activities. The analysis of any additional noise mitigation measures will focus on appropriate, practical and specific recommendations for noise control aimed at reducing any identified noise impacts to a level of insignificance. Where it is not possible to reduce project -related noise impacts to a level of insignificance through practical noise mitigation measures, such conditions will be clearly identified and described. Resource Design will coordinate this effort and integrate Bollard & Brennan's report into a format acceptable for recirculation as part of the draft EIR. Subtasks 2. 1 and 2.2 Work Products: An administrative draft of the revised Traffic and Noise sections will be produced and forwarded to the County for comments. Once the County has comments, the Traffic and Noise sections will be revised as necessary based on County comments, and the Draft Traffic and Noise sections will be produced. Summary of Changes; Administrative Draft Traffic and Noise sections; Draft Traffic and Noise sections. Task 3: Response to Comments Subtask 3. 1: Master Response to Comments for Hydrology and Water Quality The project team will coordinate with Hydro Science to prepare a Master Response to Comments for the Hydrology and Water Quality section addressing comments received on this section of the draft EIR. Subtask 3. 1 Work Product: Master Response to Comments for Hydrology and Water Quality. 9 RESOURCE DESIGN T r. C H N 0 I. 0 G Y. I N C. Subtask 3.2: Response to Comments on Previously Circulated Sections Responses to public comments on the draft EIR will be completed in an acceptable format, with comments correlated to responses by number. Where comments are duplicated by other commentors, references between responses will be provided. - Subtask 3.2 Work Product: Responses to Comments. Task 3 Work Product. Response to Comments document, with recirculated Traffic and Noise sections. The revised portions of the draft EIR will be assembled into a format for public review that will include a summary overview of the project description, the draft EIR, and current status of processing. Administrative draft (5 copies), screen check (5 copies) and 35 copies of the revised draft EIR Traffic and Noise document. The documents will be produced in Microsoft Word 97 for Windows. In addition to a reproducible copy, Resource Design will submit an electronic version. Task 4: Completion of Final EIR The final EIR will conform to CEQA, and include the Response to Comments document, Mitigation Monitoring and Reporting Plan, and the Master Response to Comments for Hydrology and Water Quality Section. Response to Comments will contain each letter of comment, with each comment numbered, and a specific response to each comment. Where comments are duplicated by other commentors, references between responses will be provided. The Response to Comments chapter will be submitted to the County staff for review prior to finalization. Subtask 4. 1: Responses to Comments on Recirculated Traffic and Noise Sections Responses to public comments will be prepared for the recirculated Traffic and Noise sections. The format will follow the sections completed in responding to other comments. Subtask 4.2: Final EIR Errata Sheet Changes to the draft EIR and the recirculated Traffic and Noise sections will be itemized. Subtask 4.3: Mitigation Monitoring and Reporting Plan Pursuant to CEQA Section 21081.6, the Lead Agency must prepare a Mitigation Monitoring and Reporting Plan that will describe how 10 RESOURCE DESIGN T L• C H N O I. O G Y. I N C. mitigation measures will be monitored and how implementation will be reported. A Mitigation Monitoring and Reporting Plan will be prepared in the form of a matrix that can will be presented as an appendix in the final EIR. Subtask 4.3 Work Product: Mitigation Monitoring and Reporting Plan. Task 4 Work Product: Final EIR; Administrative Draft (2 copies); Screen Check (2 copies) and public distribution copies (35 copies). The EIR will be produced in Microsoft Word 97 for Windows. In addition to a reproducible copy, Resource Design will submit the final EIR on disk. Task 5: Hearing Support Subtask 5. 1: Planning Commission Hearing Preparation and Meeting Attendance Attendance at one Planning Commission hearing on the final EIR has been budgeted. Subtask 5.2: Board of Supervisors Hearing Preparation and Meeting Attendance Attendance at one Board of Supervisors Hearing on the final EIR has been budgeted. 4.0 COST 4.1 Estimated Costs Estimated costs to complete the scope of work and tasks described in the Scope of Work are shown in Table 2. Costs have been developed based on the County's direction as to the project issues,. Resource Design's experience in completing EIRs on similar projects, and our, understanding of the site and the work completed to date. We propose preparation of the EIR with a defined scope of work and budget not to exceed $44,880.70, plus the estimated subconsultant costs of $72,775 (see Table 2). Costs for the final EIR portion of the process are largely dependent on factors beyond our control; however, we provide an estimate based on our experience on similar mining EIRs that reflects the anticipated public involvement at this site. 11 RESOURCE DESIGN T f. C N N 0 1. 0 C Y. I N C. 4.2 Payment Schedule Resource Design understands and agrees to the County's schedule for payment as specified in the RFP. 5.0 AUTHORIZED OFFER Resource Design's response is provided to the County authorized to the schedule and timelines described in the RFP. Authorization beyond those timelines is granted for a period not -to -exceed 90 days. In the event the County requires additional time, Resource Design should be notified for extension or revisions to its original proposal. We would be pleased to meet and further discuss any aspect of this proposal with you at your convenience, and incorporate desired modifications designed to suit your particular project needs. 6.0 PROJECT MANAGER David Brown will act as Project Manager during the preparation of the EIR and each subconsultant will report directly to Mr. Brown. We have included Mr. Brown's resume in Appendix A. 12 RESOURCE DESIGN T f•. C H N() I. 0 G Y. I N C. July 2, 1998 — End of comment period on DEIR. Comprehensive comments were submitted by the county staff and the applicant in addition to the comments submitted by the public and other government agencies. Late summer and fall of 1998 — Steve Hackney leaves the county planning staff. This coupled with Lilburn's loss of key staff in the spring resulted in significant delays in the project as both the county staff and Lilburn staff needed time to get up to speed on the project. Most of the rest of 1998 was spent on determining the best way to address the comments received during the hearing and the public comment period. October 6, 1998 — Met with county staff (Planning and Public works) to discuss traffic, hydrology, noise studies. Decided to complete additional noise study and to collect additional data for.traffic study. The. raise study wbuld be required because the county staff changed its interpretation of what the noise standard should be (60 dB was used in the initial DEIR)." October 14, 1998 — Received clarification letter from Development Services Director regarding what additional traffic data needed to be collected. February 18, 1999 — Met with County and Lilburn to discuss project, especially hydrology study. Lilburn's subconsultant for hydrology was also present. All parities agreed on how to proceed. September 2, 1999 — Authorized contingency fund expenditures for Fehr and Peers to conduct additional traffic data collection. A -1035 - January -103s-January 11, 2000 — Lilburn requests to be released from its contract to complete the EIR. Contract terminated January 18, 2000. February 8, 2000 — Butte County sent out request for proposal to complete EIR. June 15, 2000 — State Mining and Geology Board approves report designating M&T reserve as MRZ-2a, a mineral resource of prime importance. This is the highest classification of mineral importance in the Department of Conservation's classification system. This designation is detailed in the Department of Conservation's Open File Report 2000-04. June 27, 2000 — Completed contract with Res rce esign Technology Inc. and Butte County to complete EIR for $117,655.70. Of this, $22,393.24 remained from the previous contract with Lilburn. KRCBaldwin submitted a check to the county for $95,262.45 to cover the difference. Also, submitted $23,131.25 check to Butte County for permit processing costs. �2cP} Igbm cgzg/oo CV 015068 Ate alv? 33 401Zgi06 September 26, 2000 — Board of Supervisors accepted the Department of Conservation's M&T Mineral Classification Study. This action requires the county to establish mineral management polices in the General Plan to emphasize the conservation and development of this identified mineral deposit within 12 months, according to the staff memo associated with this action. November 16, 2000 — Met with county staff and consultant to discuss.revised hydrology study, traffic study and noise study. Decided to hire North Star Engineering to complete flood study.. Public Works has not completed their review of the traffic study but expects to soon. November 17, 2001 — Baldwin/KRC submit comprehensive comments to Butte County on revised traffic study. December 18, 2000 — Provided check for $19,840 to Butte County to increase the contract amount for the EIR contract to $137,495.70. Increase is to complete flood study. March 5, 2001 — Received revised November 19, 2000 hydrology section of EIR March 22, 2001 — Submitted draft comments on revised hydrology and noise sections of the EIR. April 26, 2001 — Met with county staff. Public Works still has not submitted comments on traffic study. Bob Greenlaw expects to submit the comments next week. June 7, 2001 — Submitted final comments on revised hydrology section, as per request -by Dan Breedon. Delayed final submission of hydrology comments pending receipt of revised hydrology study including flood study. However, incorporation of flood study is not yet complete. June 27, 2001 — Met with county staff and consultant to discuss noise study. July 9, 2001 — Resource Design provided noise attenuation berm height and request for berm design. Baldwin hired North Star to complete berm design since the location and design of the berm must be compatible with the flood study being completed by North Star. North Star cannot complete the berm design until flood study is completed and flood study is accepted by Resource Design. We understand that Resource Design is still awaiting comments on the hydrology study. and the flood study from Public Works. August 2, 2001 — Met with Dan Breedon to discuss location.of ready mix and asphalt plants. Original application assumed ready mix and asphalt plants as allowable accessory uses. EIR studies include analyses both with and without ready mix and asphalt plants, .since there was some uncertainty as to whether or not these uses would be allowed at this site. Since that time, County Board of Supervisors has ruled that ready mix and asphalt plants are not accessory uses to a mini ng.operation (crushing and screening are, however, allowed uses). Baldwin/ KRC will submit a rezone application for an asphalt plant anda ready mix plant. July 9, 2001 Mr. Rene Vercruyssen President Corporate Office Baldwin Contracting Company, Inc. 1764 Skyway- Chico., kywayChico CA 95928-8833 SUBJECT: M&T Chico Ranch Mine Berm Height Dear Rene, As determined at our last meeting on June 27, Bollard & Brennan was to generate berm height data for use in designing the noise mitigation berm. Enclosed are printouts from Bollard & Brennan's noise -barrier model. Paul notes that, if conditions exist as discussed at the last meeting (i.e. distance from residence and placement of equipment), to meet the 50-dBA standard, a berm height of 18 feet will be needed. Please call us if further height specifications are needed. Based on our meeting, we understand that Baldwin Contracting will undertake design of the berm. Please forward the specific design location at your earliest convenience for review by NorthStar for any effects on the flood analysis. Sincerely, L- Je 2ifer ;.Diz a Vowic Resource Planner Encls. CC: Mike Pole Heidi Tschudin Dari Breedon [RELCE0VE 0 JUL 11 2001 BUTTE COUNTY PLANNING DIVISION 041-02-01 302-A S. Lexington DriveI Telephone: 916.983.9193 ;-9-01.Vercruyssen.letter.duc Folsom, California 95630 Facsimile: 916.983.9194 07/03/2001 13:21 91666UU192 BULLAKU BHENNAN INN rout til D Bollard & Brennan, Inc. ldmftk Transmittal Sheet Date: July 3, 2001 To: Dave or Jennifer Organization: Resource Design Subject: Berm Heights for M&T # of Pages: 4, Including this cover Fax Number: 983-9194 Comments: Hi Dave & Jennifer... Here are the print-outs from our noise -barrier model. They actually indicate that a 22 -foot tall berm would be required to get 50 dBA, but the model is based on a wall, not a berm. Berms are theoretically a couple dB better than wails, so it looks like the 52 dB mark would be met with a berm height of 18 feet. This assumes, of course, that the noise source is depressed 10 feet relative to the residence, and that the berm height Is cited relative to the residential elevation. Please call if you have any questions. Pa aollard & Brennan. 3805 Taylor Ror'. :,jIte 2 i Loomis, C?"'. '..:d 95650 Phos- :b) 660-0191 ::.�. (916) 660-0192 PBollard@aol.com 07/03/2001 .13:21 9166600192 BOLLARD BRENNAN INC PAGE 02 - Appendix B Insertion Loss Calculation Spreadsheet Infinite Barrier Job Number: 2000-006 Description: M&T Excavation Source Noise level (dBA): 65 Source Frequency (Hz): 800 Source Height (ft): 0 Receiver Height(ft): 6 r� C1 (Source to barrier Distance (ft)): 225 C2 (Barrier to Receiver Distance (ft)): 75 Range of Barrier Heights 60.0 From(ft): 0 to(ft): 10 Barrier Heights (ft) Insertion Loss(dB) Noise Level (dB) 0 -2.1 62.9 1 -316 61.4 2 -4.5 60.5 3 -4.9 60.1 4 -5.0 60.0 5 -5.1 59.9 6 -5.6 59.4 7 -6.3 58.7 8 -7.0 58.0 9 -7.7 57.3 10 -8.5 1 56.6 ff Barrier Heights (ft) Insertion Loss(dB) Noise Level (dB) 10 • Appendix B 56.6 Insertion Loss Calculation Spreadsheet -9.2 Infinite Barrier 12 Job Number: 2000-066 Description: M8i Excavation Source Noise level (dBA): 65 Source Frequency (Hz): 800 Source Height (ft): 0 Receiver Height(ft): 5 -- C1 (Source to barrier Distance (ft)): 225 C2 (Barrier to Receiver Distance (ft)): 75 Range of Barrier Heights 18 From(ft): 10 to(ft): 20 Barrier Heights (ft) Insertion Loss(dB) Noise Level (dB) 10 -8.5 56.6 11 -9.2 55.8 12 -9.8 55.2 13 -10.5 54.5 14 -11.0 54.0 15 -11,4 53.6 16 -12.0 53.0 17 -12.6 52.4 18 -13.0 52.0 19 -13.5 51.5 20 1 -13.9 1 51.1 Appendix B Insertion Loss(dB) Insertion Loss Calculation Spreadsheet 20 Infinite Barrier 51.1 Job Number: 2000-066 Description: M&T Excavation Source Noise level (dBA): 65 Source Frequency (Hz): 800 Source Height (ft): 0 Receiver Height(ft): 5 C1 (Source to barrier Distance (ft)): 225 C2 (Barrier to Receiver Distance (ft)): 75 Range of Barrier Heights 49.1 From(ft): 20 to(ft): 30 Barrier Heights (ft) Insertion Loss(dB) Noise Level (dB) 20 -13.9 51.1 21 -14.3 50.7 22 -14.7 50.3 23 -15.1- 50.0 24 -15.4 49.7 25 -15.6 49.4 26 -16.0 49.1 27 -16.3 48.8 28 -16.3 48.7 29 -16.5 48.5 30 -16.7 48.3 BUTTE COUNTY DEVELOPMENT SERVICES 7 County Center Drive Oroville, CA 95965 (530) 538-7601 FAX (530) 538-7785 to: fax #: from: date: subject: pages: NOTES: Dave Brown, Resource Design Tech., Inc. 916-983-9194 Dan Breedon, Senior Planner (530-538-7629) June 4, 2001 M&T Chico Ranch Draft EIR -comments from DPW 4, including cover Please see attached comments from the Department of Public Works regarding the draft Traffic Section of the EIR. Please coordinate with Feir & Peers and DPW. Jun -07-01 11:55 From -KNIFE RIVER CORPORATION -530=1451 T-783 P.01 y • o Knife River Corporation 1915 N. Kavaney DrjWe Bismarck, ND 58501-1698 PHONE: (701) 223-1771 FAX, (701) 530-1451 o: 1 �{Q tr O 4 /V from: JA Fax: $ 3 4 S-3 9 -7 Pages: Phone.. Date: j u r<I —], r Re: CC: T ❑ Urgent O For Review ❑ Please Comment C1 Please Reply ❑ Please Recycle • Comments: C 0 11 Iva tVto el ,vol4� S>u��r0O A,-Toa4� a,� aw f � Po Jun -07-01 11:56 From -KNIFE RIVER CORPORATION -701-530-1451 T-783 P.01/08 June 7, 2001 Baldwin Contracting Company and KRC Holdings, Inc. i Additional comments on November 19, 2000 Draft Revised Hydrology Section (Received March ' 5, 200 1) for M&T Ranch Mine EXR. -General -Our preliminary comments on this section were submitted to Butte County on March ' 22. We intended to delay the submission of any additional comments until we received a full draft of the hydrology section, including results of the surface water hydrology studies being ` conducted by NorthStar Engineering. However, at our April 26 meeting, the Planning Division - t requested that we submit our comments at this time. Additional comments may be submitted after we have had a chance to review the next administrative draft of the hydrology report, which will include the surface water hydrology study results. November 19, 2000 cover 1 tter from Toby Hanes to Dave Brown Paragraph 2 — Mr. Hanes indicates that he is having great difficulty finding any data related to pesticide concentrations during flood events. IRC/Baldwin collected water quality data in the _vicinity of the existing pit at M&T and pesticide concentrations were measured. Both the existing mine pit and Little Chico Creek are subject to flood events. As indicated in the last paragraph of page 16 of the draft revised hydrology section, ...Little Chico Creek becomes an exposed water table..." during the time that it is flowing. According to many commenters on the - • earlier DEIR, the area floods almost every year. Since flooding of this pit and Little Chico Creek are both subject to agricultural runoff, one could conclude that the data collected by " KRCBaldwin reflect that pesticides from flood events do not have a significant effect on ground water quality adjacent to the existing pit. , ;Paragraph 3 — As indicated in our comments on Impact 4.4- 1, assumptions regarding process water use were not changed as much as apparently assumed by Mr. Hanes. Mr. Hanes appears to have overestimated the maximum number of hours that the plants will operate. Based on maximum production rates, consumptive water use should be much less than the annual volumes calculated by Mr. Hanes. Also, as discussed in our comments to Section 4.4.3, a one -foot draw down action level is an almost impossible standard to measure. Numerous factors unrelated to the mining operation will affect water levels. Based on Mr. Banes hydrologic analysis, the potential for this project to have any significant effect on the water level of the nearest domestic well is very small. As we discussed during our April 26 meeting, a 500 -foot setback, which is not warranted by the analysis, will cause KRCBaldwin to forego the mining of a very significant amount of the reserve. Furthermore, the suggestion of reaching an up—front binding agreement t with potentially affected parties (of which there is only one) is probably impossible, considering That party's opposition to this project. Even if such an agrccmcnt could be negotiated, it would be very difficult to calculate the percentage of drawdown if there is any, that its attributable to KRCBaldwin's operations and the percentage that is attributable to the myriad of other potential ; f causes of drawdowns.. The calculation of the cost of additional pumping (which will be very ' f small in total) will also be difficult to determine. If there is concern for water level effects on the one nearby well (and the analysis in the draft revised hydrology section suggests small reason. for such concern), Butte County should require water level monitoring. If, in the view of Butte Jun -O7-01". 11:56 From -KNIFE RIVER CORPORATION 701-530-1451 T-783 P.03/08 County regulators, the mine is having an effect on"the well, the permittee would be required to . construct a new well'in the deeper aquifer. We don't understand why Mr. Hanes deleted drilling a deeper well as a potential mitigation. The analysis suggests that KRCBaldwin's proposed operation is very unlikely to have any significant effect on the water levels in this well. Similarly, the water quality mitigation requirements proposed are unnecessary based on the analysis of likely effects of the mining operation. KRC/Baldwin agree the sumps used to collect runoff that may come into contact with pollutants like fuel should be above the water table and sealed to minimize seepage. However, ponds for recycle water have almost no potential to cause significant water pollution and should be allowed to expose the water table. Baldwin Contracting Company has been using such a recycle system, with ponds that expose the water table, at its Hallwood operation for over 50 years. Water quality analyses, which can be provided, indicate no significant adverse. effects on groundwater quality. Other mining operations referenced in the draft revised hydrology section exhibit similar results. Water used to wash aggregate materials only comes into contact with the aggregate materials which were themselves removed from the below the water table. We agree with Mr. Hanes' suggestion at the end of the cover letter that we should meet to discuss the document and agree on any changes. I _ Draft Revised Se 'on 4.4 Hydrology and Water Quality Section 4.4.2, pages 3- 6, Flooding — This discussion is based on a number of studies that are in the Chico vicinity but not specific to the M&T project site. We understand that this section may change substantially based on the results of the North Star Engineering surface water hydrology study, which will be site specific. On page 5, in reference to flooding sources, we suggest that the anecdotal nature of the opinions of nearby residents should be noted, especially in view of inconsistencies in those comments.- We suggest that in the second full paragraph on this page, the sentence starting with "The source of floodwaters as observed from nearby residents..." should be something like "Anecdotal information from nearby residents regarding the source of floodwaters is inconsistent." We understand that Mr. Hanes will have better information regarding the sources of floodwaters and the relationship between Little Chico Creek and Sacramento River flooding after the North Star Engineering surface water hydrology study is completed. Section 4.4.2, page 17, Water Quality: Groundwater — We suggest adding a sentence to the last paragraph on this page to the effect that "There is no evidence to suggest that water quality within the upper aquifer has been contaminated by water flowing into the existing pit." to clarify what is only inferred in the paragraph. Also, it appears'that the 13th word in the second line of the last paragraph on this page should be "mine" rather than "trace". Section 4.4.2, page 18, Water Quality: Groundwater — The presence of the small mine pit on the property and the results of KRCBaldwin's water quality sampling in the vicinity of that pit is further evidence that neither flows from Little Chico Creek nor the presence of a mine pit will be sources of groundwater contamination. We suggest that words to the effect that "In addition, given the results of groundwater sampling near the existing gravel pit on the property, there is no evidence to indicate that this pit has caused the groundwater to become contaminated." should be added to the end of the fust paragraph on that page, 2 Jun -07-01 11:56 From -KNIFE RIVER CORPORATION 701-530-1451 T-783 P.04/08 F-818 Section 4.4.3, page 18, Impacts and Mitigation Measures, Standards of Significance — A standard of significance of 1 foot of drawdown would lead to a performance standard that would be very difficult to measure. A one -foot change in clearly within the seasonal fluctuation of the water table in this area and number of factors not related to mining could cause a 1 -foot drawdown. We believe that the original standard of significance, that wells would have to be deepened or pumps repositioned as a result of the project, was reasonable. We do not understand why this Standard of Significance was changed. We suggest adding the words "except where they are .already exceeded" to the end of the second Standard of Significance to reflect that some drinldng water standards are already exceeded. Also, regarding the fourth standard, a direct subsurface hydraulic connection already exists between the groundwater in the pit and surface runoff. . Therefore, we suggest adding the word "surface" after "Resulted in a direct..." in the fourth Standard of Significance. Impact 4.4-1, pages 19-23, Groundwater Resources — We respectfully suggest that the consumptive use of water resulting from this project has been substantially overestimated by Mr. Hanes. The overestimate results from three erroneous assumptions: (1) assuming that the planus will operate for 7 hours every workday during the year, (2) neglecting to note that the 2.5 acre -ft per yr. per acre losses due to evaporation from the Iake are already occurring due to transpiration by plants which have been, or will be, grown on the site and (3) ignoring the effect of flooding on water balance. In calculating losses due to plant operations (wash water evaporation, dust suppression usage, misters, and the ready mix plant), Mr. Hanes assumed that the plants would operate virtually .every workday of the year. The "daily" water usage figures used by Mr. Hanes are correct, but the assumed number of days when the plants are operating is incorrect. If the aggregate processing plant operates 5.25 days per week for 8 months and 4 days per week for 4 months (as apparently assumed by Mr. Hanes), it will operate approximately- 1762 hours per year, assuming 7 hours per day. However, the maximum aggregate production will be 425,000 tons, which would require 467,500 tons to be processed. At 400 tons per hour, this would require about 1169 hours (167 7 -hour days) of plant operation to produce the maximum annual tonnage from the aggregate processing plant. The maximum concrete production, at 150 cubic yards per hour, would be done in about 333 hours or 33 days, assuming 10 -hour days for the concrete plant. Therefore, only about 118 acre-feet of water would be consumed rather than the 180 acre-feet calculated by Mr. Hanes. The calculated groundwater hydraulic effects are difficult to follow and do not consider the temporal changes in water use and net water supply effect of the project. As a result of the project, water is evaporated from the lake but water loss is already occurring due to plant transpiration. The "net" effect of the project on water balance must be the criterion used to ' evaluate the effects of this project. Moreover, .the estimates of groundwater hydraulic effects need to account for revised water consumption due to plant processing as outlined in the previous paragraph. The total water consumption shown in Figure 4.4-9 should be compared to cropped conditions: Using the cropping example provided by Mr. Hanes, for the 193 acre lake, alfalfa grown on the same area would consume 550 acre feet per year. Using revised consumptive use date based on maximum operating hours of the plant, the project water consumption will exceed 550 acre-feet during years 19 through 32 when the difference between the project and alfalfa evapotranspiration increases to about 1.2 feet (236 acre-feet) in the final year of operation. After that, effects of the project will be limited to lake evaporation, which will consume about 0.3 feet (64 acre feet) less water than alfalfa produced on the same acreage. Jun -07-01 11:57 From -KNIFE RIVER CORPORATION 701-530-1451,_ T-783 P.05/08 F-818" j .'Second, the calculations of hydraulic effects of the project do no consider the temporal nature of the increased water consumption. Currently, the effects are estimated for the last year of the project, which is the worst case. Even using these worst case numbers, the groundwater hydraulic analysis indicates that there is minimal effect of the project water consumption on groundwater levels. The average water consumption during the final 12 years of the project will be less that this worst case analysis. Third, the analysis of the groundwater hydraulic effects of the project should be determined on the incremental increase in water corisumption for the project relative to the likely alternative. Compared to alfalfa, this incremental difference reaches a maximum of about 1.2 feet (23 -acre. feet) but is substantially less than this on average and is zero or less for the first 19 years of the project and after completion of the project. In light of this, the groundwater analysis, pump tests results and the small increase in water use due to the project, it is apparent that there will be minimal groundwater hydraulic effect of the project. Much of the rest of Mr. Hanes analysis is ` an attempt to define the extent of water loss. Since the analysis projects a net gain rather than a net loss over the long term, this additional analysis appears unnecessary. As such, the mitigation measure for the neighboring well appears unreasonable and would be difficult to determine and implement. We suggest that groundwater monitoring should be the primary guide for determining the groundwater hydraulic effects of the project, which this analysis suggests will be indiscernible. Impact 4.4-1, Groundwater Resources, page 23 — The third paragraph on this page states that "On those years where floodwaters enter the created lake, the potential flood storage volume could entirely offset the total annual consumptive use". Anecdotal evidence suggests that flooding occurs almost every year. We understand that results of the surface water hydrology study will provide better flooding frequency data. In any case, flooding is certainly a frequent event and this gives fiuther evidence that the project will not result in any significant water balance deficit, which would affect adjacent ground water wells. Mitigation Measures 4.4-1a and 4.4-1c, page 30 — Both of these mitigation measures are based on the premise that there will be a net water loss and potential well drawdowns as a result of this project. A discussed above, the potential process water use was significantly overestimated and water losses due to crop evapotranspiration were not taken into account. Therefore, the proposal for a legal agreement with all well owners within 1000 feet (of which there is apparently only one) is unreasonable. Butte County is the proper regulatory authority to objectively determine proper groundwater monitoring and mitigation requirements, if any are needed, Mitigation Measure 4.4-1b, page 30 — As described above, taking into account the maximum number of hours that the facility will be permitted for, water losses already occurring as a result of plant transpiration and water balance additions due to flooding, there is no evidence that this project will significantly drawdown nearby wells. If water levels must be monitored, the well locations and monitoring requirements should be determined by Butte County, which is the proper regulatory authority to objectively determine such requirements. Proposed Project Without Batch Plants Scenario, page 31.— The second sentence of this section states that drawdown of water would be ".., as described above..." (under the "with batch plant scenario"). However, the elimination of batch plants would eliminate that use of water by the ' ready mix plant so there would be a reduction in water use under this scenario. 4 Jun -01-01 11:58 From -KNIFE RIVER CORPORATIOW 101-530-1451 T-183 P.06/08' F-818 Impact 4.4-2 — Ground Water Quality Associated with Facilities Operations, page 32 — As indicated in our earlier comments, this analysis does not justify changing this impact from "less than significant" to "potentially significant". In fact, the additional information adds to the evidence that a properly designed and permitted facility will not have a significant effect on groundwater quality. In addition to the new information added by Mr. Hanes, Baldwin Contracting Company can provide data from its very similar Hallwood operation, which ' demonstrates that this type of operation does not significantly affect groundwater quality. Also, we believe that additional data since 1997 from the Yolo County projects referenced in the draft revised hydrology section further support this point. t z Mitigation Measure 4.4-2a, page 34 — We believe that this mitigation measure should apply strictly to sumps that will collect runoff water than may come into contact with potential - contaminants such as petroleum products. This operation will require KRCBaldwin to comply with both a storm water runoff control permit and waste discharge requirements issued by the Regional Water Quality Control Board (RWQCB). Waste discharge requirements will require Baldwin/KRC to retain all non -storm water runoff on site. Storm water not coming into contact with potential pollutants will not have to be retained on site. Runoff from refueling areas and equipment storage areas will be directed to sumps that are not exposed to the water table, but recirculated wash water,will be rerouted to ponds that are exposed to the ground water. This segregation of storm water runoff from wash water from water that may contact pollutants such as petroleum products is how runoff is handled at Baldwin's Hallwood operation, which is ; operated in compliance with RWQCB permits and requirements. Water quality data from Hallwood and from similar operations (as indicated in Mr. Hanes narrative) indicate that this standard method of handling wash water and runoff does not significantly affect ground water quality. Mitigation Measure 4.4-2c, page 35 — As indicated in our earlier comments, we do not see any _ nexus to require ground water quality monitoring. The text and analysis seem to support a finding of"no impact". Please see CEQA Guidelines Section 15126.4(a)(4) A. Possible Alternative Mitigation Measure 4.4-2a, page 35 — This alternative mitigation measure is in fact the method that will be used to prevent contamination of ground water and should be listed iather than 4.4-2a., b. and c. Impact 4.4-3: Pit Water Quality, page 36 — As indicated in our earlier comments, the water table is already exposed via Little Chico Creek and the existing pit. This impact already exists. Our previous comment on this impact regarding well pumping should be disregarded, as we may drill a well to pump make-up water as opposed to pumping it directly from the lake. Page 37, Nrining Activities — We suggest that Baldwin's Hallwood operation is good evidence that this type of operation will not have any significant effect on groundwater quality. Baldwin can provide water quality data which supports this position. Also, as stated in our earlier comments, the potential for biological pollutants from waterfowl is a preexisting condition. Page 38, Drainage from Processing Facilities — We suggest that this section should clarify that storm water will be discharged from the site in accordance with. a storm water discharge permit issued by the RWQCB. We suggest adding the following after "...zero -discharge operation..." Jun_ -07-01 11:59 From -KNIFE RIVER CORPORATION 1701-530-1451 T-783 P.07/08 F-818 in the first paragraph on this page: "...except for storm water that does not come into contact k , with process water. Storm water that does not come into contact with process water will be routed around potential contaminants in accordance with... Page 41,.General Flooding Associated With the Sacramento River — As indicated in our earlier, comments, drinking water standards are not appropriate for the Iake. Page 43, General Flooding Associated with the Sacramento River — As indicated in our earlier , comments, this analysis does not acknowledge that the lake resulting from mining and reclaiming this pit is not proposed for drinking water. The quality of the water in the lake will be appropriate for its intended use of wildlife habitat. Water in the pit is not stagnant. The creek is ' already hydrologically connected to the aquifer as is the existing aggregate pit. The aquifer is w very large. Potential effects are remote, speculative, and not reasonably foreseen. The CEQA standard is reasonableness not worst case analysis. , Page 44, Mitigation Measures — Agricultural tail water and unregulated use of pesticides are preexisting conditions. . Mitigation Measure 4.44a; page 45 —.The first two words in this mitigation measure should be "Non-Stormwater" to reflect that storm water will discharge into the pit in accordance with a storm water discharge permit issued by the RWQCB. Mitigation Measure 4.4-4d, page 46 The analysis in the draft revised hydrology section. R suggests that ground water quality will not be affected by.the proposed operation. Other regulatory setbacks to protect ground water quality, as stated in the draft revised hydrology section,, are 100 to 150 feet. There is no justification for a 500 -foot setback. It is our understanding that the setback for the existing septic tank is no more than 150 feet. If there is a legitimate concern for this negligible potential for affecting ground water quality, then ground water quality should be monitored. If monitoring indicates any degradation as the result of this project, the permittee should be required to replace the one domestic well of concern- The replacement well could be screened in the lower aquifer, which the analysis indicates is not connected to the shallow aquifer that includes the gravel resource to be mined. Mitigation Measure 4.4-4e, page 47 — As stated in our earlier comments, there does not appear to be a nexus for. groundwater monitoring. If ground water monitoring is required, the standard should be set by the primary regulatory agency, Butte County. The RWQCB may place conditions on storm water permits and waste discharge requirements as a natural result of reviewing and approving permits for this project. Impact 4.44: Storm Water Discharges, page 48 -- Although all process water will be retained on site, storm water will be discharged in accordance with a storm water discharge permit issued by RWQCB. We suggest this section be revised to differentiate between runoff that may come in contact with potential pollutants and storm water runoff not associated with potential pollutants. The latter may be discharged in accordance with a storm water discharge permit: Impact 4.4-6:Creek Migration, page 51— As stated in our earlier comments, there has been no channel movement since 1862 and no mitigation measures are merited. As indicated on the Jun -07-01 11:59 From -KNIFE RIVER CORPORATION 701-530-1451 T-783 P.08/09 F-818, ' bottom of page 52, "..-the potential for channel migration is extremely low...". This comment also applies to the Proposed Project with Batch Plant Scenario narrative on page 53. Page 55 — The last sentence of the second full paragraph of this page states that "this beneficial effect (flooding of the pit) will only occur during years when there is flooding." We suggest that language should be added to indicate that flooding, thus the beneficial effect, occurs frequently. According to anecdotal evidence provided by area landowners, it occurs every year. } 7 i INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT TO: DAN BREEDON, SENIOR PLANNER FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION PUBLIC WORKS SUBJECT: M&T CHICO RANCH DRAFT EIR, HYDROLOGY SECTION DATE: JUNE 71 2001 We have the following comments with respect. to the incomplete report from dated November 19, 2000. I. The report references a separate Flood Plain Study, which is to be conducted and incorporated, we cannot find a copy of this Study. 2. Pages 4 through 6 ignore the Supplemental Standards and permit requirements for Butte Basin as setforth in Section 135 of the Regulations of The Reclamation Board, Title 23. Waters (copy attached for reference). The Reclamation Board should be contacted for comments and permits. This project should be conditioned upon obtaining a Reclamation Board Permit prior to commencement of any work within the Flood Plain. 3. Provide the projected flood events for Little Chico Creek and the Sacramento River to replace the **** predominant throughout the report. 4. Page 6. The Sacramento and San Joaquin Comprehensive Study has prepared extensive analysis of the Sacramento River throughout this area and has mapped the potential flood plain for several frequency events. They should be contacted for comments and their comments should be included in this section. 5. Page 18 MM 4. Would migration of stream water into the .groundwater reduce the stream/creek flows to a point where it would threaten or endanger species or habitat? JUN 8 2001 BUTTE COUNTY PLANNING DIVISION OROVILLE, CALIFORNIA M&T Hydrology Section • Page 2 of 3 June 7, 2001, . 6. Page 19 last two paragraphs. The area of 6 acres/year does not correlate with a volume. Do they mean 6 acre feet/year .or 6 acres 50 feet thick/year (300 of/year)? 7. Page 22, first paragraph. See page 13, the estimated K factor was as high as 1,000 feet/day for this area. Why are they using the lower 400 feet/day to calculate the damaging effects of surface .water infiltration into a lowered groundwater table? 8. Page 30 MM 4.4-1b. The measure should specify which agency or agencies within Butte County would be required to approve monitoring programs. Left open it could take from Board approval to librarian approval for the monitoring program: Modify the 5th sentence as follows: Monitoring must be performed for three years beyond the life of the project or until the nest major flood event in Butte Basin, which allows overflows into the pit, whichever is greater. If the any of affected well owners will not provide access to their wells for monitoring purposes, does that kill the project? - 9. Page 30 MM 4.4-1c. If any of the well owners is unwilling or unable to enter into the described agreements, what happens to this MM? Is the project dead due to this lack of cooperation from outside sources? 10. Page 41. We really need the flooding information, ***, to determine if the discussion is adequate. 11: Pages 41 & 42 address impacts from flood flows in Little Chico Creek and the Sacramento River. How many feet from the pit will the turbidity from the mining operation, or flooding, be considered insignificant in the ground/well water? What about seepage from these same sources (little Chico Creek and the Sacramento River) in drought years? Would the surface flows be reduced to a point that would threaten or endanger species or habitat? Would additional flows need to be reintroduced into these sources by pumping or dam releases to replace this seepage water? 12. Page 43 last paragraph. It should be noted that under existing conditions floodwaters would not directly interact with groundwater. 13. Page 45 MM 4.4-4be. Does this MM increase the flood impacts on neighboring properties by not allowing attenuation onsite? M&T Hydrology Section • • Page 3 of 3 June 7, 2001 14. . Page 48 Impact 4.4-4. Where will "Internally -generated stormwater runoff be retained on-site"? What are the impacts associated with elevating this area within a flood plain? (Loss of storage/attenuation volume due to fill placement, possible diversion of flood flows, etc.) The impacts and associated MM would also apply to the without batch plant scenario on the following page. 15. Page 49, Impact 4.4-5. Erosion of the banks of Little Chico Creek sufficient to change the creek location would have an impact on downstream channel (habitat etc.); which no longer would carry water. 16. Page 50 MM 4.4-5a. The approval agencies of Butte County need to be defined. 17. Page, 51. Recent Little Chico Creek migration/alteration is evidenced by the increased flood frequency of River Road at the Brick House. This section of road has been flooded in even minor rainfall events recently. We have not been able to determine the exact location of the migration/alteration, which has produced this change. 18. . Page 53, Impact 4.4-7. This section needs a lot of work; most importantly it needs the completion of the flood study. I would also recommend inclusion of information from the Comprehensive Study (see item 4 above). Analysis must include flood impacts from the Sacramento River as well as Little Chico Creek. 19. Page 54, Impact 4.4-8. The paragraph indicates "Flows in excess of this amount could flow into the pit", previous MMs have described construction/enlargement of channels to divert flows around the pond. What exactly are they proposing? When,will flows be diverted and when will they be allowed to enter pond? What are the effects of Sacramento River overflows? The MM on page 55 states ''No mitigation is required as this is a beneficial impact". What about the turbidity in groundwater due to direct recharge from flood flows? Please contact me if you have any questions. cc: Mike Crump, Director of Public Works (File 180) 1133 BARCLAYS CALIFORNIA CODE OF REGULATIONS Tide 23 1136. st" Mt " stwWWR tt for Butte Bit.. (d) Within Mea B. approval from the board is not required for any en- 7be standards apply to Bnae Basin. as delineated on Figu m 8.12 and croachment that is less than eighteen (18) inches in height above dwaatu- partitianed into designated Areas B. C. D. E. and Reclamation District d gttamd level.However. any popoaed encroachment within a slough 1000. The basin's west boundary is Be Sacramento Riveresst brook pant or swab must be approved by the board Area B extends soutberly hese ect levee. and above the Osd Ferry ansa where there is no project levee. Butte Brim's northerly boumdaty to a lice located one chased (JAW) the boundary is fie designated fbodway of the Sacramento River feet southeasterly and lying paralM to the Paotrott Grant line. sdopeed November 29.1988.7he east boundary is based an the wetted (e) Within Area C. approval from the board is not acquired far any en - area dthe 1970 flood Mw norib boundary is the Sacramento Riverdes- eroacbment less duan ftty-sht (36) inches in height above the natural mated floodway in the pm mity of Murpby Slougb and Golden State ground level. and havingacrestelevation less tban seventy and one tenth Lland. and the saMb boundary is the Sacramento River between the city (70.1) feet (NOVD). Arca C is the imea enclosed within a thrco-(3) mile ofColusaandtheBuftSlooghattfallgete:.aseaionoftbeBum Stwgh rad'na measured -from the center of Matltnn Weir and limited by the levee m botb Cohwaand SmwCounties. and Pass Road in SunarC.onmty. southeasterlyrextensions of thenaub and south training levee alignments 7bese standards supplement and, when m conflict with, supersede the to the three- (3) mile on. standards in section 111 through section 137. (i) Within Area D. approval tram the board is not required for any en- ° (a) Appaval from the board is required for any encroachment that eroacbment less than thirty -act (36) inches in beigbt above the natural tould reduce or impede floodtlows. at would reclaim any of the flood- ground level and baving a stat elevation less to filly -four and nine plain within Butte Basin. teatha(S49)feet(NGVD).AteaDencnmpassestheColusa Weirtogeth- (1) Encroachments in Recknotion District 1004 are not regulated by er with its oudlow channel enclosed by training levees. and an oven km the board arca extending to Butte gear • (2) The stupplemewd standard: do not apply to that portion of Area E (8) Within Area F. approval from the board is not requited fern any en- Sti -locatednorth of the Butte-merCamty line and its extension westward ctnachmcut lens than chitty -sot (36) incbes in beight above due natural into Cohtsa County. and situated adjacent to the Sacramento River proj- ground level. '[be norlbern boundary dArea E is a tine located ane Chow ectleveewhenthenaturalground level isbigberthanthe 100-yearflood sad (UAW) feet soutbastedy of the south Parton Grant line. and the elevation. soudiem boundary is foamed by the Sacramento River between the city (3) Excep where the activity would potentially affect a project levee of Colusa andthe Butte Slougb atutfelt gatm a section of the Butte Stough or ether project feature, the standards within sections 116.122.123.124. levee mbada CaltusaandSuMaCeemties.andPass Roadin SutterCounty. 126.127. IN. 130.131. M and 137 dons apply to dist Portion of Ana (b) Within that portion of Area E located south of Gridley Road. new E locatd sontb of the Buns-Suues County lion and its extension west- and existing nexeabooal structures, mchrdiog caretaker. security. and ward into Corrin Coxity. • dwoUiagdar seasa W occupancy(as defined is settice 113) maybe per - (b) Approval from the boned is not nquued forcrop checks less than mined provided the finished floor level of the strtucnun is at leans two (2) chary-d:(36)incbesinbeigbt.InAressB.0and D.all cropcheebmust fen abovethedesignflood piarteortwo(2)feetabove the 100-yearftood be removed prior to flood season, unless they comply with the require- elevation. whichever is bigjw. menta of subdivisions (d), ft and M. respectively. Norte Authority cited Section 8571, Weer Code. Retere wr. Serines MM (c) Fac ept where the activity wotuld potentially affect a project levee 8609 and 8710. Wats Ca& err other project feaoae. approval fmm the board isnot required for land Humay . levelin ar orfordraina and n An 8 8T�8• � �8� impronroments � 1. New semen and fW= 8.12 filed 9 -M -M operative 10 —30•-96(Retreat 96. C. D and E Bao have a localized impact only and comply with subdivi- suns (4 (f), and (g) of this actino. • ftV 4.42 ltqoan a Nara _.M1 t�► . as We D Reda dm Baud f 136 •J1 v� • � ;•i mfg , 7• ! � •'.,(�' RD IOD4 C. . '= t •,i '' : r ,' ' Vis. j •±• v� � • is ►,i� � � .. , •- . • :.ice .; t.� � . t to ! M •\� —�•• �7 • t - .. .,kjS iii.• �, •�'��': � :.:..1�..:�•'� ' Pqe 4A3 e.d+a oa, Ne a to+oa � KRc HOLDINGS, INC. A Subsidiary of Knife River Corporation 1915 North Kavaney Drive Bismarck, ND 58501.1698 (701) 223-1171 (701) 255.0560 FAX June 7, 2001 Mr. Dan Breedon Senior Planner Butte County Development Services 7 County Center Drive Oroville, California 95965 Dear Mr. Breedon: Enclosed please find our comments on the November 19, 2000 administrative draft of the hydrology section for the M&T Ranch Mine EIR. We received this administrative draft on March 5, 2001 and submitted preliminary comments on March 22, which we discussed during an April 26 meeting at your office. These comments have also been emailed and faxed to you on this date. If you have any questions or require additional information regarding this project, please call me at 1-800-982-5339 or Heidi Tschudin at 916-447-1809. Thank you for your attention to this matter. Sincerely, LJ'0 UU4 Michael W. Pole Vice President -Technical Services for Construction Materials lb Attach. C: Rene Vercruyssen Heidi Tschudin Steve Deveral JUN 8 2001 BUT(E COUNTY PLANNING DIVISION OROVILLE, CALIFORNIA June 7, 2001 Baldwin Contracting Company and KRC Holdings, Inc. Additional comments on November 19, 2000 Draft Revised Hydrology Section (Received March 5, 2001) for M&T Ranch Mine EIR. General — Our preliminary comments on this section were submitted to Butte County on March 22. We intended to delay the submission of any additional comments until we received a full draft of the hydrology section, including results of the surface water hydrology studies being conducted by NorthStar Engineering. However, at our April 26 meeting, the Planning Division requested that we submit our comments at this time. Additional comments may be submitted after we have had a chance to review the next administrative draft of the hydrology report, which will include the surface water hydrology study results. November 19, 2000 cover letter from Toby Hanes to Dave Brown Paragraph 2 — Mr. Hanes indicates that he is having great difficulty finding any data related to pesticide concentrations during flood events. KRCBaldwin collected water quality data in the vicinity of the existing pit at M&T and pesticide concentrations were measured. Both the existing mine pit and Little Chico Creek are subject to flood events. As indicated in the last paragraph of page 16 of the draft revised hydrology section, "...Little Chico Creek becomes an exposed water table..." during the time that it is flowing. According to many commenters on the earlier DEIR, the area floods almost every year. Since flooding of this pit and Little Chico Creek are both subject to agricultural runoff, one could conclude that the data collected by KRCBaldwin reflect that pesticides from flood events do not have a significant effect on ground water quality adjacent to the existing pit. Paragraph 3 — As indicated in our comments on Impact 4.4-1, assumptions regarding process water use were not changed as much as apparently assumed by Mr. Hanes: Mr. Hanes appears to have overestimated the maximum number of hours that the plants will operate. Based on maximum production rates, consumptive water use should be much less than the annual volumes calculated by Mr. Hanes. Also, as discussed in our comments to Section 4.4.3, a one -foot draw down action level is an almost impossible standard to measure. Numerous factors unrelated to the mining operation will affect water levels. Based on Mr. Hanes hydrologic analysis, the potential for this project to have any significant effect on the water level of the nearest domestic well is very small. As we discussed during our April 26 meeting, a 500 -foot setback, which is not warranted by the analysis, will cause KRCBaldwin to forego the mining of a very significant amount of the reserve. Furthermore, the suggestion of reaching an up—front binding agreement with potentially affected parties (of which there is only one) is probably impossible, considering that party's opposition to this project. Even if such an agreement could be negotiated, it would be very difficult to calculate the percentage of drawdown, if there is any, that its attributable to KRCBaldwin's operations and the percentage that is attributable to the myriad of other potential causes of drawdowns. The calculation of the cost of additional pumping (which will be very small in total) will also be difficult to determine. If there is concern for water level effects on the one nearby well (and the analysis in the draft revised hydrology section suggests small reason for such concern), Butte County should require water level monitoring. If, in the view of Butte County regulators, the mine is having an effect on the well, the permittee would be required to construct a new well in the deeper aquifer. We don't understand why Mr. Hanes deleted drilling a deeper well as a potential mitigation. The analysis suggests that KRCBaldwin's proposed operation is very unlikely to have any significant effect on the water levels in this well. Similarly, the water quality mitigation requirements proposed are unnecessary based on the analysis of likely effects of the mining operation. KRCBaldwin agree the sumps used to collect runoff that may come into contact with pollutants like fuel should be above the water table and sealed to minimize seepage. However, ponds for recycle water have almost no potential to cause significant water pollution and should be allowed to expose the water table. Baldwin Contracting Company has been using such a recycle system, with ponds that expose the water table, at its Hallwood operation for over 50 years. Water quality analyses, which can be provided, indicate no significant adverse effects on groundwater quality. Other mining operations referenced in the draft revised hydrology section exhibit similar results. Water used to wash aggregate materials only comes into contact with the aggregate materials which were themselves removed from the below the water table. We agree with Mr. Hanes' suggestion at the end of the cover letter that we should meet to discuss the document and agree on any changes. Draft Revised Section 4.4 Hydrology and Water Quality Section 4.4.2, pages 3- 6, Flooding — This discussion is based on a number of studies that are in the Chico vicinity but not specific to the M&T project site. We understand that this section may change substantially based on the results of the North Star Engineering surface water hydrology study, which will be site specific. On page 5, in reference to flooding sources, we suggest that the anecdotal nature of the opinions of nearby residents should be noted, especially in view of inconsistencies in those comments. We suggest that in the second full paragraph on this page, the sentence starting with "The source of floodwaters as observed from nearby residents..." should be something like "Anecdotal information from nearby residents regarding the source of floodwaters is inconsistent." We understand that Mr. Hanes will have better information regarding the sources of floodwaters and the relationship between Little Chico Creek and Sacramento River flooding after the North Star Engineering surface water hydrology study is completed. Section 4.4.2, page 17, Water Quality: Groundwater — We suggest adding a sentence to the last paragraph on this page to the effect that "There is no evidence to suggest that water quality within the upper aquifer has been contaminated by water flowing into the existing pit." to clarify what is only inferred in the paragraph. Also, it appears that the 13th word in the second line of the last paragraph on this page should be "mine" rather than "trace". Section 4.4.2, page 18, Water Quality: Groundwater — The presence of the small mine pit on the property and the results of KRCBaldwin's water quality sampling in the vicinity of that pit is further evidence that neither flows from Little Chico Creek nor the presence of a mine pit will be sources of groundwater contamination. We suggest that words to the effect that "In addition, given the results of groundwater sampling near the existing gravel pit on the property, there is no evidence to indicate that this pit has caused the groundwater to become contaminated." should be added to the end of the first paragraph on that page. 2 0 0 Section 4.4.3, page 18, Impacts and Mitigation Measures, Standards of Significance — A standard of significance of 1 foot of drawdown would lead to a performance standard that would be very difficult to measure. A one -foot change in clearly within the seasonal fluctuation of the water table in this area and number of factors not related to mining could cause a 1 -foot drawdown. We believe that the original standard of significance, that wells would have to be deepened or pumps repositioned as a result of the project, was reasonable. We do not understand why this Standard of Significance was changed. We suggest adding the words "except where they are already exceeded" to the end of the second Standard of Significance to reflect that some drinking water standards are already exceeded. Also, regarding the fourth standard, a direct subsurface hydraulic connection already exists between the groundwater in the pit and surface runoff. Therefore, we suggest adding the word "surface" after "Resulted in a direct..." in the fourth Standard of Significance. Impact 4.4-1, pages 19-23, Groundwater Resources — We respectfully suggest that the consumptive use of water resulting from this project has been substantially overestimated by Mr. Hanes. The overestimate results from three erroneous assumptions: (1) assuming that the plants will operate for 7 hours every workday during the year, (2) neglecting to note that the 2.5 acre -ft per yr. per acre losses due to evaporation from the lake are already occurring due to transpiration by plants which have been, or will be, grown on the site and (3) ignoring the effect of flooding on water balance. In calculating losses due to plant operations (wash water evaporation, dust suppression usage, misters, and the ready mix plant), Mr. Hanes assumed that the plants would operate virtually every workday of the year. The "daily" water usage figures used by Mr. Hanes are correct, but the assumed number of days when the plants are operating is incorrect. If the aggregate processing plant operates 5.25 days per week for 8 months and 4 days per week for 4 months (as apparently assumed by Mr. Hanes), it will operate approximately 1762 hours per year, assuming 7 hours per day. However, the maximum aggregate production will be 425,000 tons, which would require 467,500 tons to be processed. At 400 tons per hour, this would require about 1169 hours (167 7 -hour days) of plant operation to produce the maximum annual tonnage from the aggregate processing plant. The maximum concrete production, at 150 cubic yards per hour, would be done in about 333 hours or 33 days, assuming 10 -hour days for the concrete plant. Therefore, only about 118 acre-feet of water would be consumed rather than the 180 acre-feet calculated by Mr. Hanes. The calculated groundwater hydraulic effects are difficult to follow and do not consider the temporal changes in water use and net water supply effect of the project. As a result of the project, water is evaporated from the lake but water loss is already occurring due to plant transpiration. The "net" effect of the project on water balance must be the criterion used to evaluate the effects of this project. Moreover, the estimates of groundwater hydraulic effects need to account for revised water consumption due to plant processing as outlined in the previous paragraph. The total water consumption shown in Figure 4.4-9 should be compared to cropped conditions. Using the cropping example provided by Mr. Hanes, for the 193 acre lake, alfalfa grown on the same area would consume 550 acre feet per year. Using revised consumptive use date based on maximum operating hours of the plant, the project water consumption will exceed 550 acre-feet during years 19 through 32 when the difference between the project and alfalfa evapotranspiration increases to about 1.2 feet (236 acre-feet) in the final year of operation. After that, effects of the project will be limited to lake evaporation, which will consume about 0.3 feet (64 acre feet) less water than alfalfa produced on the same acreage. Second, the calculations of hydraulic effects of the project do no consider the temporal nature of the increased water consumption. Currently, the effects are estimated for the last year of the project, which is the worst case. Even using these worst case numbers, the groundwater hydraulic analysis indicates that there is minimal effect of the project water consumption on groundwater levels. The average water consumption during the final 12 years of the project will be less that this worst case analysis. Third, the analysis of the groundwater hydraulic effects of the project should be determined on the incremental increase in water consumption for the project relative to the likely alternative. Compared to alfalfa, this incremental difference reaches a maximum of about 1.2 feet (23 -acre feet) but is substantially less than this on average and is zero or less for the first 19 years of the project and after completion of the project. In light of this, the groundwater analysis, pump tests results and the small increase in water use due to the project, it is apparent that there will be minimal groundwater hydraulic effect of the project. Much of the rest of Mr. Hanes analysis is an attempt to define the extent of water loss. Since the analysis projects a net gain rather than a net loss over the long term, this additional analysis appears unnecessary. As such, the mitigation measure for the neighboring well appears unreasonable and would be difficult to determine and implement. We suggest that groundwater monitoring should be the primary guide for determining the groundwater hydraulic effects of the project, which this analysis suggests will be indiscernible. Impact 4.4-1, Groundwater Resources, page 23 — The third paragraph on this page states that "On those years where floodwaters enter the created lake, the potential flood storage volume could entirely offset the total annual consumptive use". Anecdotal evidence suggests that flooding occurs almost every year. We understand that results of the surface water hydrology study will provide better flooding frequency data. In any case, flooding is certainly a frequent event and this gives further evidence that the project will not result in any significant water balance deficit, which would affect adjacent ground water wells. Mitigation Measures 4.4-1a and 4.4-1c, page 30 — Both of these mitigation measures are based on the premise that there will be a net water loss and potential well drawdowns as a result of this project. A discussed above, the potential process water use was significantly overestimated and water losses due to crop evapotranspiration were not taken into account. Therefore, the proposal for a legal agreement with all well owners within 1000 feet (of which there is apparently only one) is unreasonable. Butte County is the proper regulatory authority to objectively determine proper groundwater monitoring and mitigation requirements, if any are needed. Mitigation Measure 4.4-1b, page 30 — As described above, taking into account the maximum number of hours that the facility will be permitted for, water losses already occurring as a result of plant transpiration and water balance additions due to flooding, there is no evidence that this project will significantly drawdown nearby wells. If water levels must be monitored, the well locations and monitoring requirements should be determined by Butte County, which is the proper regulatory authority to objectively determine such requirements. Proposed Project Without Batch Plants Scenario, page 31 — The second sentence of this section states that drawdown of water would be "... as described above..." (under the "with batch plant scenario'). However, the elimination of batch plants would eliminate that use of water by the ready mix plant so there would be a reduction in water use under this scenario. Impact 4.4-2 — Ground Water Quality Associated with Facilities Operations, page 32 — As indicated in our earlier comments, this analysis does not justify changing this impact from "less than significant" to "potentially significant". In fact, the additional information adds to the evidence that a properly designed and permitted facility will not have a significant effect on groundwater quality. In addition to the new information added by Mr. Hanes, Baldwin Contracting Company can provide data from its very similar Hallwood operation, which demonstrates that this type of operation does not significantly affect groundwater quality. Also, we believe that additional data since 1997 from the Yolo County projects referenced in the draft revised hydrology section further support this point. Mitigation Measure 4.4-2a, page 34 — We believe that this mitigation measure should apply strictly to sumps that will collect runoff water than may come into contact with potential contaminants such as petroleum products. This operation will require KRCBaldwin to comply with both a storm water runoff control permit and waste discharge requirements issued by the Regional Water Quality Control Board (RWQCB). Waste discharge requirements will require Baldwin/KRC to retain all non -storm water runoff on site. Storm water not coming into contact with potential pollutants will not have to be retained on site. Runoff from refueling areas and equipment storage areas will be directed to sumps that are not exposed to the water table, but recirculated wash water will be rerouted to ponds that are exposed to the ground water. This segregation of storm water runoff from wash water from water that may contact pollutants such as petroleum products is how runoff is handled at Baldwin's Hallwood operation, which is operated in compliance with RWQCB permits and requirements. Water quality data from Hallwood and from similar operations (as indicated in Mr. Hanes narrative) indicate that this standard method of handling wash water and runoff does not significantly affect ground water quality. Mitigation Measure 4.4-2c, page 35 — As indicated in our earlier comments, we do not see any nexus to require ground water quality monitoring. The text and analysis seem to support a finding of "no impact". Please see CEQA Guidelines Section 15126.4(a)(4) A. Possible Alternative Mitigation Measure 4.4-2a, page 35 — This alternative mitigation measure is in fact the method that will be used to prevent contamination of ground water and should be listed rather than 4.4-2a., b. and c. Impact 4.4-3: Pit Water Quality, page 36 — As indicated in our earlier comments, the water table is already exposed via Little Chico Creek and the existing pit. This impact already exists. Our previous comment on this impact regarding well pumping should be disregarded, as we may drill a well to pump make-up water as opposed to pumping it directly from the lake. Page 37, Mining Activities — We suggest that Baldwin's Hallwood operation is good evidence that this type of operation will not have any significant effect on ground water quality. Baldwin can provide water quality data which supports this position. Also, as stated in our earlier comments, the potential for biological pollutants from waterfowl is a preexisting condition. Page 38, Drainage from Processing Facilities — We suggest that this section should clarify that storm water will be discharged from the site in accordance with a storm water discharge permit issued by the RWQCB. We suggest adding the following after "...zero -discharge operation..." in the first paragraph on this page: "... except for storm water that does not come into contact with process water. Storm water that does not come into contact with process water will be routed around potential contaminants in accordance with..." Page 41, General Flooding Associated With the Sacramento River — As indicated in our earlier comments, drinking water standards are not appropriate for the lake. Page 43, General Flooding Associated with the Sacramento River — As indicated in our earlier comments, this analysis does not acknowledge that the lake resulting from mining and reclaiming this pit is not proposed for drinking water. The quality of the water in the lake will be appropriate for its intended use of wildlife habitat. Water in the pit is not stagnant. The creek is already hydrologically connected to the aquifer as is the existing aggregate pit. The aquifer is very large. Potential effects are remote, speculative, and not reasonably foreseen. The CEQA standard is reasonableness not worst case analysis. Page 44, Mitigation Measures — Agricultural tail water and unregulated use of pesticides are preexisting conditions. Mitigation Measure 4.4-4a, page 45 — The first two words in this mitigation measure should be "Non-Stormwater" to reflect that storm water will discharge into the pit in accordance with a storm water discharge permit issued by the RWQCB. Mitigation Measure 4.4-4d, page 46 —The analysis in the draft revised hydrology section suggests that ground water quality will not be affected by the proposed operation. Other regulatory setbacks to protect ground water quality, as stated in the draft revised hydrology section, are 100 to 150 feet. There is no justification for a 500 -foot setback. It is our understanding that the setback for the existing septic tank is no more than 150 feet. If there is a legitimate concern for this negligible potential for affecting ground water quality, then ground water quality should be monitored. If monitoring indicates any degradation as the result of this project, the permittee should be required to replace the one domestic well of concern. The replacement well could be screened in the lower aquifer, which the analysis indicates is not connected to the shallow aquifer that includes the gravel resource to be mined. Mitigation Measure 4.4-4e, page 47 — As stated in our earlier comments, there does not appear to be a nexus for groundwater monitoring. If ground water monitoring is required, the standard should be set by the primary regulatory agency, Butte County. The RWQCB may place conditions on storm water permits and waste discharge requirements as a natural result of reviewing and approving permits for this project. Impact 4.4-4: Storm Water Discharges, page 48 — Although all process water will be retained on site, storm water will be discharged in accordance with a storm water discharge permit issued by RWQCB. We suggest this section be revised to differentiate between runoff that may come in contact with potential pollutants and storm water runoff not associated with potential pollutants. The latter may be discharged in accordance with a storm water discharge permit. Impact 4.4-6:Creek Migration, page 51 — As stated in our earlier comments, there has been no channel movement since 1862 and no mitigation measures are merited. As indicated on the 6 bottom of page 52, "...the potential for channel migration is extremely low...". This comment also applies to the Proposed Project with Batch Plant Scenario narrative on page 53. Page 55 — The last sentence of the second full paragraph of this page states that "this beneficial effect (flooding of the pit) will only occur during years when there is flooding." We suggest that language should be added to indicate that flooding, thus the beneficial effect, occurs frequently. According to anecdotal evidence provided by area landowners, it occurs every year. :11 O 700 lti S600 500 to o roc a E 30( N V 201 P 10 C� NA NIb IV Time (Years) Figure 4.4 B. Annual Water Use Over and Beyond the Life of the Project. JW'j- (�, r40� 13<�L�C-�v�o ►.) � u Ct9uurY /p" 4% D �CEod� J U N 1 1 2001 BUTTE COUNTY PLANNING DIVISION I . 06/05/2P01,, 09:.06 9166600192 Bollard & Brennan, Inc. Facsimile Transmittal,Sheet Date: June 5, 2001 To: Dan Breedon Organization: Butte County Planning Subject: M&T Chick Ranch Berm # of Pages: 1, including this cover Fax Number: (530) 538.7785 Comments: Hi Dan_... BOLLARD BRENNAN INC PAGE 01/01' w In response to your inquiry regarding the length of the berm which would be necessary to shield the nearest residence to the M&T Chico Ranch mining operations, I have the following input. The length of the berm will depend on the distance to the 55 dB mining equipment contour. That is because a berm. that breaks line of sight will provide at least a 5 dB reduction down to 50 dB Leq, which is the project's standard of significance. For example, with no mitigation, the Manitowoc Drag Line generates an average level of 65 dB Leq at 300 feet. The distance to the 55 dB contour would be 950 feet based on a 6 dB decrease for each doubling of distance from the source. Therefore, the berm would need to be long enough to break line of sight to the Manitowoc anywhere it is operating within 950 feet of the nearest residence. By my estimation, that would be a berm approximately 1500 feet long at the edge of the mining area. If the excavation equipment generates an average level of 60 d8 at 300 feet, the 55 dI3 contour would be approximately 530 feet away. Therefore, the berm would need to be long enough to break line of sight to the Manitowoc anywhere it is operating within 530 feet of the nearest residence. By my estimation, that would be a berm approximately 800 feet long at the edge of the mining area. I hope this information helps, and I'm sorry it took me a while to get it to you. Call me if you have any questions. Sincerely, rard re ,Ird President cc: Dave Brown, Resource Design - 983-9194 Bollard & Brennan, Inc. 3805 Taylor Road, Suite 2 Loomis, California 95650 Phone: (916) 660-0191 Fax: (916) 660-0192 PBollard@aol.com Hydro -confusing, nothing to substantiate changes in mitigations -insurance policy Impacts to domestic well, occupant has shallow well, easily contaminated, all mitiations for well unnecessary if new well is provided with proper depth and seal. Do agreement to provide new well for landowner, set up annuity for extra power use. Check with County Counsel on legality. Noise -Should do berm analysis how high how long what type of material, landscaping problem with methodology for 5 decibel increase over ambient as significant. Should consider allowed uses and what those uses may generate, such as row crops, discing etc.. Traffic, Bob Greenlaw promises next week. What is status of double -counting issue? Check with Feer & Pears and Dave Brown. KRC needs to see DPW comments, methodology for road impact fee is an issue. INTER -DEPARTMENTAL MEMORANDUM P080C WORKSDEPARTMENT TO: Dan Breedon, Senior Planner FROM: Bob Greenlaw, Senior Engineer SUBJECT: Comments on Revised M&T Chico Ranch DEIR, Traffic and Circulation DATE: May 25, 2001 Following are comments on the traffic element for the above referenced DEIR: General Comment: All pages should be numbered in any submittal. This makes commenting in an abbreviated form easier. Existing Roadway Conditions (comments by roadway): River Road — In addition to being subject to inundation, it is subject to frequent closure from inundation. Chico River Road — Pavement conditions are fair from Lone Pine Avenue to River Road. Ord Ferry Road — Large segments of the roadway are subject to inundation and to frequent closure. Durham Dayton Highway — Roadway segments east of Durham are subject to inundation and frequent closure. Skyway — The roadway segment north of Butte Creek is subject to inundation and closure during a major flood. Bruce Road — It connects SR 32 to Skyway. The pavement conditions are poor / fair / good. SR 32 / River Road — Caltrans has stated they intend to construct a left turn lane from SR 32 onto River Road in the near future. Ord Ferry Road / Dayton Road ' — This intersection is now a four-way stop controlled intersection. Skyway @ Baldwin Plant — The driveway is not stop sign controlled at the edge of the traveled way. Truck Traffic: The text denotes three routes primarily traveled by the aggregate industry. Should SR 44 be SR 45? Accident History: The intersection of Skyway and the Baldwin driveway is not recognized as an intersection by the County, it is a driveway. As such, no specific accident information will be available for an intersection. Yet, this is a driveway on a four -lane roadway segment with known accidents in the near vicinity. These accidents should be noted. Additionally, the driveway r v LA immediately to the south at the molding factory should be investigated for accidents and user comments. Large trucks within the same traffic stream use this driveway. Summary of Existing Intersection Operations, Table 4.6-7: The average delay of 0.2 and 0.3 seconds at the Baldwin driveway is not likely at peak hour. Provide backup data. Existing Operational Issues Non Standard Road Design: It 'is commented that the roadway segment of River Road between Chico River Road and SR32 is restricted to a 14,000 Ib. weight limit. The bridge at Big Chico Creek was reconstructed in 2000 and will support legal loads. Yet the roadway beyond this to SR 32 is substandard in width, structural section, shoulder section and alignment. Additionally, the roadway is subject to large areas of inundation and frequent closure. The roadway is not currently posted, but may be considered for this in the future due to the substandard issues. Narrow or Substandard Bridges: A narrow bridge is located at Ord Ferry Road at Little Chico Creek. This was a concern in the first version of the DEIR and is still a concern. In addition, the bridge mentioned as in need of structural repair on Big Chico Creek at River Road was replaced in 2000. Deteriorated Pavement: Backup calculations for this analysis needs to be included in the appendix. Intersection with Limited Curve Radii: An accident between a large truck and the traffic signal at West 5th Street and SR 32 was reported. To establish that the turning radius at the intersection is sufficient please state what the radii are and the required Caltrans truck turning radius for the most critical project generated vehicle. Transit System: The list of fixed -route transit provided does not include the CATS routes within the project study area. Bicycle and Pedestrian System: The Countywide Bikeway Master Plan was approved on October 13, 1998. Within this plan there are facilities planned for Chico River Road and River Road that are within the project study limits, although they are not included in the DEIR. Project Specific Analysis Existing Conditions Background Circulation Assumptions: It is stated that the Butte County Bikeway Master Plan is a draft and not yet approved. The plan is now final and was approved on October 13, 1998. Table 4.6-8: As stated in the data collection section, traffic from the aggregate industry varies seasonally. This table and the analysis could be misleading as the trip generation is spread throughout the year and not throughout the aggregate delivery season. A more realistic look would utilize historic records for trip generation provided by the Stony Creek plant. Analysis Results: The estimates are most likely conservative. Aggregate truck traffic from Stony Creek is essentially utilizing the same haul routes as the proposed project with the exception of SR 32. It, seems unreasonable to count trips from Stony Creek and incrementally add the trips from the project on the same route. This is a market demand issue; the market for aggregate in Chico will not increase due to a plant relocation. Cumulative Conditions e Background Circulation Assumptions: Same comments as existing conditions. Analysis Results: Same comments as existing conditions. Impacts and Mitigation Measures Standards of Significance: Public Works does not agree with the standard of significance for bridges less than 20 feet in width to be considered a significant effect. The standard should be 24 feet. The bridge on Ord Ferry at Little Chico Creek is 20 feet and is a concern when any other vehicle occupies the bridge with a large truck. Impact 4.6-1: Backup calculations need to be included in the appendix. Mitigation Measure 4.6-1: The analysis should be further reduced to a fee based on per ton of material that is trucked from the project site. The fee will need to be relative to an inflation index. The fee shall be submitted annually to Public Works. The mine operator will be required to provide Public Works access to records verifying material that has left the mine site. r Impact 4.6-2: The intersection is now a four-way stop controlled intersection. Mitigation Measure 4.6-2: The improvements already have been completed. Mitigation Measure 4.6-7: Improvements to the median crossing, acceleration/deceleration lanes, signing, striping, and channelization could improve the safety characteristics of this roadway segment. If this segment can not be improved then this scenario should not be considered. Mitigation Measure 4.6-8: The project applicant should contribute now for their fare share of intersection improvements that will occur in the future. Other projects have contributed to this in the past, so there is some history to build upon and support this. Project Specific Impacts -for Mining Only Scenario: The text states that the impacts for this scenario are identical to the full operations scenario. This appears to be an unfounded simplification. Without operations from the Skyway plant, impacts to Skyway and Bruce Road are greatly reduced. 05i25i01 08:03 NORTHSTAR ENGINEERING 530 538 7785 9®orth*tar 20DEClARATIONONVE CHICO, CALIFORNIA 95973.4901 ENGINEERING NO. 341 (?04 I. D. Ge-r�,sus,o C%I Engineers - Planes - SuNeyors 530 893 1 G00 - FAX 530w893 2113 (quoits#: 25423 Resource Design Technology, Inc. 302-A S. Lexington. Drive Folsom CA 95630 Client II]: Project# A1604'7182 Project Charges through: Professional Services Consultation - River Road April 30, 2001 April 30, 2001 Page 1 l D E CEO MAY 2 5 2001 �. PLANNING Amount 360.00 CAD Design 1.187.50 Report/Letter (Stamped) For professional services rendered $1,547.50 Previous balance $9,335.30 Balance due $10.882.80 No payments received after the "Project Charges through' date above are reflected on this invoice - also, Please Write Your PROJECT # (as shown above under your address) 'On Your Check to insure proper crediting of your payment - Credit Cards Gladly Accepted. THANK YOUI TERMS: NET CASH A 1'.; o n,WMhq e6 -MC Chs+Oe 1,8% Pe- vwwnj +hU oo adde010 vow B CCOun, d =-I OLse. 01u: atifAPev lo¢:fi n0 C6s::+ncw: £0 +01 CQ;,t -.-cn NOTICE •linlEr Ino+/E� d'.r.4E�\:••r IC81i+0/nO CC/leo:Ci.•dP+aCEOur¢.Seacm 1! 819::en.J BnY C611i BGGL Sut CY:+O=fit. !6DG'E+W;Z-1-: ::'c':t':7' -T,-S •: .a w. p,e a vi ?:S .r.n•ea.elo+n.5wCr4 Gr Sa.�01t9.f.853n]!1i 10 ¢ntS+Ce6Card'aaiAS1 v�u+v.fxr.0 l'of eC2+:^ •cS+'a ,r:: C+==2:-: ^'::a :�. 05/25/01 08:03 NORTHSTAR ENGINEERING 4 53e 538 7785 M & T RANCH MINE SITE FLOODING STUDY NO. 341 P03 =I 05/25/01 08:03 NORTHSTAR ENGINEERING -� 530 538 7785 ENGINEERING Civil Engineers Planers Surveyors April 25, 2001 Mr. David Brown Resource Design Technology 302-A S. Lexington Drive Folsom, CA. 95630 Subject: M & T Ranch, River Road Aggregate Mine 'Dear Dave, Pleasefi.nd enclosed herewith our draft flooding study for the above noted project- 1 'would appreciate review and comments by you and Toby Haynes. I am still waiting on information from Butte County DPW regarding historical flooding, road closures and will analyzeand include them when available. My general conclusions at this time are that construction of the stockpiles/ plant will increase the stage in Little Chico Creek in the vicinity of the fill, but that it may well be possible to mitigate with a bypass channel. The increase in stage will most likely only impact the M & T Ranch with minimal impacts to River Road. Please feel free to call me with comments.o.r questions, as we are anxious to keep this project on schedule. I would be happy to meet with you and ` Toby (and County Staff should you choose) to review our work. J- t Very Truly yours, Michael McEnespy, P_E. NorthStar Engineering. 20 DECLARATION DRIVE CHICO, CALIFORNIA 95913 530-893.1600 FAX•893-2113 n 05/25/01 08:03 NORTHSTAR ENGINEERING -i� 530 538 7785 • Nor1L r ENGINEERING Civil Engineers - Planners • Surveyors FAX TRANSMITTAL SHEET DATE: S JOB SEND TO: Name Company �v Phonehl FAX # S "36 - MESSAGE: 6 -MESSAGE: V --A ► ' %2-A;tmag Icz FROM. Name, Company NORTHSTAR ENGINEERING Phone. # (530) 893-1600 FAX # (530) 893-2113 E-mail S NUMBER OF PAGES: Cover sheet plus sheets 20 DECLARATION DRIVE C_HICO, CALIFORNIA 95973 530-893.1600 FAX -893-2113 Jun 26 0.1 01:08.p RESOURCE DESIGN (916) 983-9194 p.1 RES®�JRCE DESIGN T E C H.N O L O G Y, I N C. Land Minerals • Environment . FACSIMILE TRANSMITTAL Date: June 26, 2001 To: Dan Breedon Fax: (530) 538-7785 ' From: Jennifer Dzakowic Pages: 3 (Including Cover Sheet) Description: M & T Chico Ranch ® Original will not follow ❑ Original follows by: [3 U.S. Mail Q t-pay/FedEx ❑ Courier ❑ Other Message: Dan, Here is the relevant section of the reclamation plan that discusses topsoil management for the M & T Chico Ranch site. It states that the deposit consists of a layer of topsoil 0-15 feet thick which will be uses where necessary and/or removed and sold and or used elsewhere on the Ranch. Jennifer 302-A S. Lexington Drive I Telephone. 916.983.9193 Folsom, California 95630 Facsimile: 916.983.9194 Jun 26 01 01:08p RESOURCE DESIGN (_916) 983-9194 15. operation is developed. The small aggregate pit on the site has been used intermittently to provide sand and gravel for surfacing roads and -other purposes on the M&T Ranch. Its location is shown on Exhibit I. 19a. Describehe nature of tailings orewasteessing and explain disposal from processing. crush, screen, and wash sand and gravel, produce asphaltic con- crete and concrete. All by-products from the washing operation shall be used in the manufacture of aggregate products, used to reclaim portions of the pit areas, or deposited on. adjacent farmland to augment the topsoil. 19b. Estimate quantity (gallons per day) and quality of water required by the proposed operation. The aggregate washing operation will use approximately 700 M gallons of water per day. The wastewater will be returned to a settling basin where it will be recycled. Non -potable water can er will be be used for this facility. since all ter will lonly the required recycled through the plant, make up to compensate for losses due to evaporation. Abundant groundwa- use on ter is available at the site and the effects of this water earitached the groundwater resources will be insignificant - Hydrology Report). A sump pit will be excavated into the shallow to the plant and used as a source of ground water located next water. 20. Describe and show the steps or phases of the mining concurrent reclamation and include operation that allow a proposed time schedule for such concurrent activities. The deposit consists of a layer of topsoil, 0 - 15 feet thick, underlain by sand and gravel. The topsoil shall be used where necessary or removed and sold, and/or it shall be deposited on adjacent agricultural fields. The sand aSe gravel removallofnlowerldeposits shall be done withga be harvested using a ra- line. subsequent dredge. taken Reclamation of ovale of 1 sand and gravel mned areas shall.be Mostr of the mined continually of following rem ovale will become groundwater recharge ponds or wetlands and rec]ama- tion activities will be concentrated on the perimeters of these imately 4 acres will be mined each year, water bodies. Approx feet of.recharge pond and wetland yielding an average of 1680 perimeter to reclaim. following soil reclamation plans are coordinated r ith the The el and proposed mining plan which allows for extraction of g post-minin; soil reclamation ute Cour.*ystandtthe ion °Surfa�1f some a Mining areas of nd site if required .y � ated that most' Recla' .ation Act ;3MARA): standi" -kls: It is anti -.p ,s yd -]s - of :.ne topsoi: removed fry..:. the miningarea '•:.il be sold or. -lsewhere on the M&T - 5 - M&T Chtco Ranch Mine Project Draft EIR LILBURN CORPORATION C-24 p.2 Jun 26 01 01:09p RESOURCE DESIGN (916) 983-9194 p.3 i 0 Soil units mapped on the site were discussed above. About eight series were identified and described. The soils of the site, because they are unirrigated and unleveled and have other con- straints, do not meet U.S.D.A. criteria for prime farmland. The mapped soils overlie significant gravel resources which can be mined; the areas occupied by these soils will be reclaimed as groundwater recharge basins and wetlands for wildlife habitat and . the soils removed from them in the mining process will be used to augment reclamation efforts if needed on the site. The ls somerevegent- eta- tion plan discussed in following sections ingdeveloment of habitat/groundwaterland comlexes recharge ponds. long the margins of wildlife The removal, handling, and replacement of any soil to be used in reclamation efforts will be done in accordance with Butte County ordinances and SMARA guidelines. The soils of the site are shallow and young and will be handled as functional units rather than by strict horizon designations. If needed for reclamation, the surface 12 inches of soil will be removed, designated as the A horizon, and stockpiled and replaced as a unit; the remaining 1k' subsoil will be treated as a subsoil unit (the hors. Th function. The intent of this guideline is to preserve soil function. characteristics of these horizons -have impacts on soil function is often and plant response. The A horizon (surface layer) The lower enriched with plant micronutrients and organic matter. horizons (BIC), which make up the sub --soil, have different tex- tures, chemical compositions, and may be impoverished or contain concentrations of nutrients and other ions unsuitable for plant growth. The BIC horizon will be treated as a separate unit tand he not placed on the surface of reclaimed areas. In general, following protocol will be used if reclamation is required: • The upper 3-2 inches of soil (A horizon) will be removed and stockpiled separately. The subsoil (BIC) horizons will not be further separated. They will be stockpiled separately from the A horizon. . During re -emplacement of soils, the B/C horizons will be A horizon. will be placed on the emplaced first and the surface. This plan incorporates the intent of the sMARA guidelines to maintain soil function through adequate design and reclamation planning. Compaction caused by heavy equipment can be a problem in re- claimed soils. To decrease the effects of compaction of soils to be used in reclamation: • Heavy equipment traffic ff cit will re-emplaced. to a minimum and the soil will be ripped After reclamation hat: been completed these soil.. will be •Managed .using cor6c�rvation technir.:es to fac�.�itate long- term habitat m;.::agement object3`. �s. M&T Chico Ranee Mine Project Draft BIR LILBURN CORPORATION 0, 1r, NorthStar 0MF" , ENGINEERING Civil Engineers • Planners • Surveyors April 25, 2001 Mr. David Brown Resource Design Technology 302-A S. Lexington Drive Folsom, CA. 95630 Subject: M & T Ranch, River Road Aggregate Mine Dear Dave, C�OFID) � REC 'V0 APR 2 6 2001 BUTTE COUNTY PLANNING DIVISION OROVILLE, CALIFORNIA Please find enclosed herewith our draft flooding study for the above noted project: I would appreciate review and comments by you and Toby Haynes. I am still waiting on information from Butte County DPW regarding historical flooding, road closures and will analyze and include them when available. My general conclusions at this time are that construction of the stockpiles/ plant will increase the stage in Little Chico Creek in the vicinity of the fill,-buf.that it may well be possible to mitigate with a bypass channel. The increase in stage will most likely only impact the M & T Ranch with minimal impacts to River Road. Please feel free to call me with comments or questions, as we are anxious to keep this project on schedule. .1 would be happy to meet with you and Toby (and County Staff should you choose) to review our work. Very Truly Yours, 20 DECLARATION DRIVE CHICO, CALIFORNIA 95973 530-893-1600 -- FAX -893-2113 Breedon, Dan - From: Breedon, Dan Sent: Tuesday, April 03, 2001 9:09 AM To: resourcedesign@cmcconnection.com'; 'pbollard@aol.com' Subject: FW: Comments on Noise and Hydro -- M and T Project EIR. , Untitled Attachment Hyrdo.comments.doc Noise.comments.doc Dave and Paul, These are comments submitted on the draft sections for the M&T EIR submitted by the applicant, Mike Pole. They have been prepared by Heidi Tschudin. Please review these comments. I wouild like to meet with the applicant to discuss their concerns. This will be scheduled later this month. The County will also be preparing a response to these concerns. -Dan Breedon -----Original Message----- From: Heidi Tschudin [mailto:tschudin@cwnet.com] Sent: Thursday, March 22, 2001 1:14 PM To: Dan Breedon Cc: Rene Vercruyssen; Mike Pole; Rene J. Vercruyssen Subject: Comments on Noise and Hydro -- M and T Project EIR. r 8 1