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HomeMy WebLinkAbout07-025~~. ©~ 3c~ '*.~4 .~~~,..... ~. t~+: a• ~a • :1 w 7[ • ~ ~ i ~~ ~~i t~ •~1.~~ ~4~~~r~ ~_ ir.~_. :~ARd C~~ SUPER~ISC~R~. C~C7~JN'fY OF BUTTE, STATE ~F C~4t_1FC)RNtA ~'~' ~~~~'.' 07-025 A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS DENYING APPEAL OF MIN 04-01/UP 96-02 AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING MINING PERMIT AND RECLAMATION PLAN 04-01 AND MODIFICATION OF USE PERMIT 96-02 WHEREAS, a public hearing was held on January 23, 2007 to hear matters pertaining to the Appeal of MIN 04-01/UP 96-02; and WHEREAS, the Board of Supervisors has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Mitigated Negative Declaration was referred. to various affected public and private agencies, County departments, individuals, and referral. agencies for review and comments; and WHEREAS, the Board of Supervisors has considered Mining Permit and Reclamation Plan 04-O1 and Modification of Use Permit 96-02 for Martin Marietta Materials, Inc., in accordance with the requirements of Chapter 13 (Grading and Mining), Article II (Surface Mining and Reclamation) of the Butte County Code on Assessor's Parcel Numbers: 041-140-014 (as renumbered by the County Assessor's office to -074 and -075 and subject to further modification by the pending parcel merger application), -028, -032, -034; 041-160-031, -037, -039, -044, -045; and 041-210-045; and WHEREAS, the Board of Supervisors has considered public comments, and a report from the Development Services Department, Planning Division. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: L Denies the Appeal of MIN 04-01/UP 96-02 II. Adopts a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan, together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Mining Permit and Reclamation Plan and Modification of Use Permit 96-02 for Martin Marietta Materials, Inc., Planning Division File Nos. MIN 04-O1 and UP 96-02, may have a significant effect on the environment. The custodian of the record is the Development Services Department, Planning Division. The location of the record is 7 County Center Drive, Oroville, CA 95965. D. The proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan reflects the independent judgment and analysis of the County, which is the Lead Agency. III. Adopts a Mitigation Monitoring and Reporting Program as included in the staff report, per 14 CCR Sections 15074(d) and 15097 and Cal. Public Resources Code Section 21081.6 IV. This project has the potential to have a significant impact to fish or wildlife habitat due to the impact to native oak trees and their habitat. The collection of Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required. V. Approves Mining Permit and Reclamation Plan 04-01 and Modification of Use Permit 96-02 for Martin Marietta Materials, Inc., subject to the conditions found in Exhibit "A", and the following findings: A. Approval of this project will not be detrimental to the general health, safety and welfare of the public because the mitigation measures identified by the project initial study have been incorporated into the project as conditions of approval. B. The Mining Permit and Reclamation Plan complies with Public Resources Code Section 2710 et seq. (Surface Mining and Reclamation Act) and Butte County Code Chapter 13, Article II, Surface Mining and Reclamation. PASSED AND ADOPTED by the Butte County Board of Supervisors this 23rd day of January, 2007, by the following vote: AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan NOES: None ABSENT: None ABSTAIN: None _<:_ ~a _~ JAl?dE DO~AN, Chair ATTEST: 1 PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board of Supervisors ,, By: EXHIBIT A Minim Permit and Reclamation Plan 04-01 and Modification of UP 96-02 for Martin Marietta Materials, Inc. on APNs: 041-140-014 (as renumbered by the County Assessor's office to -074 and -075 and subject to further modification by the pending merger application), 028, 032, 034; 041-160-031, 037, 039, 044, 045; and 041-210-045, File # MIN 04-01 and UP 96-02 Pursuant to the provisions of the Zoning Ordinance and the Surface Mining Ordinance of the County of Butte and the special conditions set forth below, Martin Marietta Materials, Inc. is hereby granted approval of a Mining Permit for the Table Mountain Quarry Mine in accordance with the application filed. Said activities shall be conducted in accordance with the approved Mining Permit and Reclamation Plan (File No. Min 04-01) and approved modification of Use Permit (File No. UP 96-02). 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Director, Development Services Department, Planning Division (in consultation with other County agency Directors, as needed), upon receipt of a substantiated written request by the Permittee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Prior to use of the site for the proposed use the Permittee shall contact the Planning Division for a field inspection to verify that all conditions and ordinance requirements have been met. CONDITIONS OF APPROVAL: The following Conditions of Approval apply to Mining Permit and Reclamation Plan 04-01 and Modification of UP 96-02 (Table Mountain Quarry Expansion), which is hereafter referred to as the "Project." All references herein to "Permittee" shall be defined to include the Permittee, or successor(s) in interest. Planning Division Conditions 1. The expiration of the Use Permit will be December 31, 2029. (Replaces former Condition 1.) 2. All mining, processing, development and reclamation related activities shall be in substantial compliance with the approved Mining Permit and Reclamation Plan and Modified Use Permit, and shall conform to the representations depicted and the information provided in the approved Reclamation Plan and the related Plan Sheets, which include: Plan Sheet 1 -Minim and Reclamation Plan, which provides a topographical survey with the existing and proposed mining facilities, existing groundwater monitoring wells and the proposed expansion area. Plan Sheet 2 -Cross Sections, which provides two section views depicting the proposed high wall elevations, benching and finish grade relative to the existing ground. Plan Sheet 3 -Finished Reclamation Contours, which provides a topographical survey depicting the final grading of the site relative to the existing (undisturbed) contours of the surrounding land area. Plan Sheet 4 L-1 - Reve~etation Plan, which provides a topographical survey delineating locations of specific revegetation methods, including the planting list, planting notes and planting details. Plan Sheet 5 -Aerial Site Plan, which provides an aerial photo of the Table Mountain Quarry area with existing facilities. (Replaces former Conditions 6, 7, 9 and 13.) 3. Annual inspection of the mine shall be conducted in accordance with the requirements of California Surface Mining and Reclamation Act of 1975 (SMARA), as amended. All applicable inspection fees shall be paid in accordance with adopted rates. (Replaces former Conditions 2.) 4. A bond or other form of acceptable security shall be established for the purposes of fulfilling the financial assurance requirements of SMARA, as amended, in the amount approved annually by the County. Said security shall be made payable as follows: "Chair. Butte County Board of Supervisors or the Department of Conservation." All securities shall comply as to form and content with the latest financial assurance guidelines provided by the Department of Conservation. This amount shall be reviewed annually by the County pursuant to the requirements of SMARA, as amended. (Replaces former Conditions 4 and 5.) 5. Prior to the Permittee commencing miring related activities within the 44~ acres expansion area, the Butte County Board of Supervisors must first adopt the findings necessary to cancel the existing Williamson Act contract and the landowner must pay the required cancellation fee and satisfy any Board conditions. Upon satisfaction of the requirements of this condition, no conflict will exist with the requirements of the Williamson Act. 6. The operator shall have surveyed and marked with steel stakes or posts the boundaries of all areas in which any extraction or reclamation is in progress. (Formerly Condition 8.) 7. Plant production, maintenance and road hauling shall be limited to 5:00 a.m. to 9:00 p.m.; on-site rail car loading may be done on demand. Plant production is defined herein as all mining, processing, crushing or screening of materials, loading of materials and transport of materials off the project site, maintenance and repair of equipment. Plant production does not include use of the office in the evening for paper work. Upon Board of Supervisors' approval, the hours of operation may be modified in the event of an emergency or natural disaster, or when the public health, safety and welfare require the products of the operation. (Replaces former Condition 11.) 8. Blasting shall be limited to Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. The Directors of the Butte County Public Works Department and Development Services Department, Planning Division shall be notified 24-hours in advance of blasting. Telephone notification shall be made one (1) hour in advance of blasting to any property owners within one (1) mile of the quarry site that have requested such notice in writing. Each property owner's written request must be sent by certified mail to the operator and copied to the County Development Services Department. Exception: Circumstances may result in the delay of a scheduled blast after loading of the shot has begun. For example, there may be a mechanical problem with loading equipment, or a delay due to weather conditions, such as an electrical storm, which substantially increases the risk to personnel working in the blast area. Should this occur, the Permittee may perform an emergency blast after 3:00 p.m. on a day other than a weekend or legal holidays. The Permittee shall notify the Directors of the Butte County Public Works Department and Development Services Department, Planning Division of any emergency blast within 48 hours of its occurrence. (Replaces former Condition 14.) 9. Use of explosives shall not take place at locations where there is a direct line of sight to residential dwellings without prior approval from the Directors of the Butte County Public Works Department and Development Services Department, Planning Division to ensure adequate safeguards are in place to protect the public interest. (Formerly Condition l 5.) 10. Use of explosives shall take place as far away from the existing residential dwellings as is practical. (Formerly Condition 16.) 11. Explosive charges shall be limited to the smallest size necessary. Blasting operations shall be performed in compliance with applicable Federal Bureau of Mines Guidelines. Blasting shall be conducted such that the maximum peak particle velocity shall not exceed one (1) inch per second at the location of any dwelling, public building, school, church or commercial or institutional building. Peak particle velocities shall be measured in three (3) mutually perpendicular directions. The maximum peak particle velocity shall be the largest of any of the three measurements. (Replaces former Condition 17.) 12. The conditions for the use of explosives shall be implemented in accordance with the best management practices customary to the industry and making use of the most advanced proven technology applicable to the process and situation. Blasting shall be monitored to the satisfaction of Directors of the Butte County Public Works Department and Development Services Department, Planning Division and enforcement officer(s). (Formerly Condition 18.) 13. A blasting log, with all relevant information, shall be maintained for each blast and be made available for review upon demand by the appropriate regulatory agencies, including the United States Department of Alcohol, Tobacco and Firearms (ATF), the United States Department of Labor -Mine Safety and Health Administration (MSHA), the Directors of the Butte County Public Works Department and Development Services Department, Planning Division, and enforcement officer(s). 14. A fast growing species of tree is to be planted, and maintained in a living condition, on the quarry site adjacent to the Union Pacific Railroad right-of--way main line within Extraction Cells MOI-C and E1, as shown on Figure 6 of the Reclamation Plan dated January 24, 1992. (Formerly Condition 12.) 15. Prior to any moving and removal of material, the Permittee shall commit to a program for the collection and recording of water quality information. The Permittee shall meet all requirements under Regional Water Quality Control Board's Waste Discharge Permit Order #93-169. (Formerly Condition 20.) 16. An annual compliance report covering all conditions and mitigation measures shall be prepared by the Permittee's qualified consultant(s) and submitted to the Butte County Planning Department for distribution to the appropriate agencies. (Formerly Condition 23.) 17. The Permittee shall incorporate a stockpile topsoil protection program that shall consist of mulching, matting, hydro-seeding, lining the mounds, or constructing an earthen barrier to surround the mounds and straw-mulching the barrier, until the soil is to be used for reclamation purposes. Any one or combination of these processes may be used. If an earthen barrier without straw-mulching is used, the perimeter of the mounds shall be lined with bales of straw for sediment control. (Formerly Condition 28.) 18. Prior to any development activity, including but not limited to activities such as vegetation removal, grading, road construction, mining, or other soil disturbance, the Permittee shall have a qualified archeologist instruct company personnel on identification of archaeological resources and the company's responsibility if such resources are uncovered during excavation. The Permittee shall submit, to the Planning Director, written certification of completion of this training. Should development activities within the proposed mining area reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall immediately cease activities and a qualified professional archaeologist shall be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be immediately notified, pursuant to State law, to arrange for Native American participation in determining the disposition of the remains. If the County Coroner determines the remains are not in an archaeological context, the County Coroner and local law enforcement officials will determine their proper disposition. (Replaces former Condition 31, which is a Mitigation Measure from prior approval.) 19. Permittee must comply with all other applicable State and local statutes, ordinances, and regulations. (FormerlYCondition 32.) 20. All exterior lighting shall be fully shielded and directed downward to prevent glare or excess light on adjacent parcels. 21. The Reclamation Plan shall be amended to comply with the provisions contained within the Department of Conservation's July 31, 2006 letter as follows: 1) Specify that the amended reclamation plan applies to the entire mine operation, not just the expansion area; 2) Exclude the use of acorns in the general hydroseed mix, since they will not germinate under soil conditions found on portions of the tabletop (but acorns may be used for monitored replacement of blue oaks if required under Condition 23), exclude the use of Lana woolypod vetch (Vicia villosa ssp. vai°ia), an exotic species, from the seed mix, and replace it with a native legume species such as pygmy lupine (Lupinus bicolor); 3) Apply hydroseeding prior to the application of Jute not afterwards, otherwise the seed and mulch will be deposited on top of the jute rather than in contact with the soil, this will enhance seed germination and erosion control. 22. Once the 44-acre new mining area located on top of North Table Mountain becomes operational, no further mining will be allowed within the cells located within Coal Canyon. The Permittee waives the right to mine additional cells as permitted under the previous permit (that are located within Coal Canyon) at the time the new mining area becomes operational. This condition will not apply if the Modified Permit is tolled pursuant to Condition 36. 23. In the northeast corner of the Project, there are some blue oak trees (Que~~cus douglasii), most of which are believed to fall within the required 150 foot setback from the property line. Prior to any development activity, the Permittee shall demonstrate the location of said oaks to the satisfaction of the Planning Director. If blue oak trees are not found to be located within the Project areas to be disturbed, no further action is required of the Permittee. If blue oak trees are found to be located within the Project areas to be disturbed, the following shall be required: Prior to any development activity, including but not limited to activities such as vegetation removal, grading, road construction, mining, or other soil disturbance, a Tree Plan shall be prepared by a certified arborist, botanist or landscape architect and submitted to the Planning Division for review and approval. The Tree Plan shall: • Be prepared by a certified arborist or Registered Professional Forester (RPF) to clearly mark and identify the existing blue oak trees in the vicinity of the new road construction. The Plan shall show which blue oak trees shall be removed and blue oak trees to be retained and the location of new plantings (see below). • If any blue oak trees of 5 inches in diameter at breast height (or 4.5 ft.) are removed by construction activities, they must be replaced on site at a ratio of 3 to 1. The replacements must be seedling trees grown from acorns found on site and stored for purposes of planting. The seedling trees must be monitored by a certified arborist annually for 7 years once construction is completed to be certain at least 75% of the trees are surviving and established. The arborist shall provide annual reports concerning the replacement trees to the Planning Division for review. • The arborist or RPF must work directly with the property owner, construction workers and Butte County Planning Division to be certain that trees not to be removed are protected. • Trees in the construction area deemed by the arborist or RPF to be unhealthy, diseased, or dead shall be removed. • Each blue oak tree located in a construction zone shall be surrounded by a circular zone (following the drip line of the tree) identified by temporary construction fencing, such as orange plastic fencing or other suitable marking, prior to and during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area. • Prior to any land disturbance, a county planner shall visit the project site to confirm protective fencing or marking is installed to keep construction vehicles confined to areas that will not impact existing blue oak trees. • Prior to final inspection of construction, a county planner and the project arborist shall visit the project site. • Pruning of the adjacent blue oak trees shall be supervised by a certified arborist or RPF, not by the grading or general contractor. Fire Department Conditions 24. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County Codes, ordinances and regulations in effect at the time of application for improvement permits. 25. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Environmental Health Department Conditions 26. Provide sanitary facilities and potable water for employees with approved sewage disposal by the Butte County Environmental Health Department. (Formerly Condition 24.) 27. The Permittee shall construct and maintain an adequate barrier and/or compound in which to use and store hazardous materials in order to prevent them from either infiltrating into the subsurface or running off site and posing a hazard to the nearby creek. The Permittee shall comply with all local, State and Federal requirements to the storage, use and disposal of hazardous materials (Formerly Condition 30, which is a Mitigation Measure from prior approval.) Air Quality Management District Conditions 28. An application shall be filed with the Butte County Air Quality Management District (AQMD) for Authority to Construct the rail spur and access road. Construction of the rail spur and access road may not proceed until the Authority to Construct has been issued by the AQMD. (See IS-MND, p. 14.) 29. Operations must comply with the Permit to Operate that is currently in effect for the existing mining operation. (See IS-MND, p. 14.) 30. Fugitive dust created by any extraction, hauling, crushing, screening or other operation incidental to the quarry processes shall be kept within tolerances established and approved by the AQMD. This shall include, but not be limited to, a watering and/or misting system with a water supply sufficient to control fugitive dust at the quarry, crusher and conveyors sites and for any other operations deemed appropriate by the AQMD. (Replaces former Condition 10.) 31. The Permittee shall implement and maintain an air quality plan which includes the following written, posted conditions on the mine site: a. All equipment shall use Best Available control technology, as defined by the AQMD, and shall operate under an AQMD permit. b. All equipment shall be inspected regularly by the AQMD and shall be maintained to proper specifications. c. All soils stockpiled for future reclamation shall be protected from wind erosion by planting or other covering. d. All exposed surfaces shall be watered periodically to control dust. (Formerly Condition 22.) Department of Public Works Conditions 32. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to, and approved by, the Department of Public Works. The drainage plans shall specify how drainage shall be detained on site, and/or conveyed to the nearest natural or publicly maintained drainage channel or facility, and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 33. Heavily loaded vehicles traversing County roads cause increased wear, increasing maintenance costs. In order to compensate for the increased maintenance required, the Permittee shall make a one time contribution of $21,000.00 to the Department of Public Works prior to Mining Permit issuance. California Regional Water Quality Control Board Conditions 34. The Permittee shall prepare and submit a complete Report of Waste Discharge to the California Regional Water Quality Control Board (CRWQCB) in order for that agency to evaluate and update the Project's Waste Discharge Requirement. In advance to constructing the rail spur, consult with the CRWQCB to determine whether it is necessary to first obtain a Construction Activity Storm Water Permit (Order 99-08-DWQ) from the State Water Resources Control Board.) 35. The Permittee shall construct and maintain the discharge pipe, constructed dispersal ditch, and berms, banks or other features necessary to direct discharged waters into the pasture and to ensure this water is kept out of California Water Service Company's ditch(es) and any other surface waters, or otherwise comply with all requirements of the California State Regional Water Quality Control Board. (Formerly Condition 29, which is a Miti ag tion Measure from prior approval.) Other Conditions 36. In the event that litigation is initiated by any party other than Martin Marietta that challenges this entire matter or any finding, action, approval, or condition of this matter, and results in an order or writ restraining Martin Marietta from engaging in mining activities under the Modified Use Permit, Martin Marietta may request that the effective date of the Modified Permit and all conditions thereto be tolled. The tolling shall commence upon receipt by the County of written notice from Martin Marietta invoking this right to tolling. The tolling shall terminate upon the earliest date that (a) a final order is issued in said litigation that upholds the approvals and the time for appealing the final order has passed with no appeal being filed, (b) that said litigation is dismissed with prejudice by all parties to the litigation, or (c) that the parties to the litigation enter into a settlement agreement that resolves the subject of the litigation even if litigation has not yet been dismissed with prejudice. In the event such tolling occurs, the original Use Permit would remain in effect and would not be affected by any litigation challenging approval of the Modified Use Permit. 37. Prior to issuance of the Mining Permit, pay any outstanding project-related processing fees, and/or Department of Fish and Game fees. MITIGATION MONITORING AND REPORTING PROGRAM The following Mitigation Measures constitute the Mitigation Monitoring and Reporting Program (MMRP) for the Project and were prepared in accordance with the provisions of Section 21081.6 of the California Public Resources Code, which requires public agencies to adopt a monitoring program of measures identified to mitigate or avoid the Project's significant effects on the environments. The MMRP includes all of the Mitigation Measures contained in the Mitigated Negative Declaration (MND), which was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). In accordance with the provisions of Section 21081.6, these Mitigation Measures are included herein as conditions to ensure their enforceability. The results of the MMRP are reported to the Development Services Department, Planning Division, which is responsible for maintaining the overall reporting files. A modification to the MMRP conditions can be made only if: 1) Butte County finds that the proposed condition modification does not result in a change in the MND conclusions and findings; or 2) a new environmental document is prepared to address the proposed modification. These MMRP Conditions require the permittee comply with any additional measures that may be required as part of the permitting process of state agencies and various Butte County agencies, most notably the Air Pollution Control District. These agencies were consulted during preparation of the MND and have been provided a copy. Each MMRP Condition includes an MND source reference. GEOLOGIC PROCESSES (MND Section 4.6) 38. Mitigation Measure GP-1: Previously unknown and unevaluated fault zones and lineaments may be encountered during pit excavation that could adversely affect slope stability. If encountered, and prior to further excavation of these areas, the Permittee shall evaluate whether such excavation will adversely affect slope stability. The Permittee shall submit the evaluation and its findings and recommendations to the Planning Director, who will deternline what measures are to be taken, if any. (Replaces former Condition 25.) Action Required: The Permittee shall ensure that field personnel are adequately trained to identify fault zones and lineaments during the course of excavation. Monitoring Schedule: Continuous during all site development activities. Responsible Party: The Permittee, or successor in interest, is responsible for implementing this Mitigation Measure and shall immediately notify the Planning Director of the discoveries of faults and lineaments. Monitoring Agency: The Butte County Development Services Department. Planning Division is responsible for agency coordinating of any slope stability evaluations submitted by the Permittee, and for determining what measures are to be taken, if any. 39. Mitigation Measure GP-2: The Ione Formation underlying the mining area is considered a critical area where instability is considered unacceptable. For this area, the Permittee shall ensure excavation is conducted in a manner that maintains a minimum 15-foot deep cap of basalt across the entire floor of the mining pit to protect this critical area. In areas where the Permittee can demonstrate the potential for slumping of the Ione Formation soils is manageable, no protective cap is necessary. (Replaces former Condition 25.) Action Required: The Permittee shall monitor excavation depths and report the findings pertaining to the protective cap to the Planning Director. Any changes in mining depth or excavation of the 15-foot protective cap require Planning Director approval. Monitoring Schedule: Monitoring is expected to occur in phases and with increasing frequency as the mining pit nears its excavation limits. Upon the completion of each monitoring phase, the Permittee shall prepare a monitoring report and submit it to the Planning Director. Responsible Party: The Permittee, or successor in interest. Monitoring Agency: The Butte County Development Services Department, Planning Division is responsible for analyzing the monitoring reports. The Permittee shall bear any costs associated with hiring of an appropriate third-party contractor to analyze Permittee reports and make recommendations to the Department of Development Services. 40. Mitigation Measure GP-3: The Permittee shall exercise care to ensure that materials or personnel do not encroach upon slope areas during blasting of the active mining area. During the initial phases of blasting, the Permittee shall monitor the quarry and adjacent areas to identify if there are any deviations in the anticipated results. If deviations are noted, the Permittee shall immediately advise and consult with the Planning Director to determine whether there is a need to change the approved method of blasting. As blasting begins to encroach upon the lower levels of the quarry, the Permittee shall continually evaluate the blasting patterns to ensure the mined rock (i.e., the basalt cap required in Mitigation Measure GP-2) is not fractured in a manner that will expose the Ione Formation to water infiltration. (Replaces former Condition 25.) Action Required: The Permittee shall monitor blasting results and, if there are any deviations in the anticipated results, shall immediately advise and consult with the Planning Director to determine whether there is a need to change the approved method of blasting. Monitoring Schedule: A blasting report shall be prepared by the Permittee and submitted to the Planning Director within 10 calendar days of an exceedance. Responsible Party: The Permittee, or successor in interest. Monitoring Agency: The Butte County Development Services Department, Planning Division is responsible for reviewing the blasting results provided by the Permittee, and determining if there is a need to change the approved method of blasting. The Permittee shall bear any costs associated with hiring of an appropriate third-party contractor to analyze Permittee reports and make recommendations to the Department of Development Services. HYDROLOGY AND WATER QUALITY (MND Section 4.8) 41. Mitigation Measure HWQ-1: Prior to any development activity, including but not limited to vegetation clearing, grading, soil disturbance, road building, or mining, the existing Storm Water Pollution Prevention Plan (SWPPP) shall be revised to include the new area proposed for mining. The revised SWPPP shall be submitted to the Regional Water Quality Control Board. Action Required: As required by the Regional Water Quality Control Board. Monitoring Schedule: Prior to any development activity, including but not limited to vegetation clearing, grading, soil disturbance, road building, or mining of the new quarry area, the Permittee shall first submit the revised SWPPP to the Regional Water Quality Control Board. Responsible Party: The Permittee shall be responsible for submitting a revised SWPPP to the Regional Water Quality Control Board. Monitoring Agency: The Regional Water Quality Control Board shall be responsible for any monitoring activities. NOISE (MND Section 4.11) 42. Mitigation Measure N-1: The calculation of scaled distance factor is directly affected by distance from the blasting area, pounds of explosives used, blasting frequency, and geologic conditions. This means there is some flexibility to change the amount of explosives used and the blasting frequency to affect the scaled distance factor. Initially, the Permittee shall place a recording seismograph, designed to measure blast induced vibration and air overpressure, adjacent to the nearest non-company owned building, approximately 1,820 feet from the mining pit. The recording seismograph shall be used by the Permittee to establish the empirical data needed to propose a "blasting prescription" that is known to result in a scaled distance factor of 60 or greater. The Permittee shall submit the empirical data and proposed "blasting prescription" to the Directors of the Butte County Public Works Department and the Development Services Department, Planning Division for their review. If approved by the Directors, the Permittee is no longer required to use a recording seismograph for blasting activities conducted in accordance with the approved "blasting prescription." For all blasting outside the approved "blasting prescription," the Permittee shall use a recording seismograph to measure blast induced vibration and air overpressure adjacent to the nearest non-company owned building. Seismograph records and explosive detonation day records shall be maintained in the local mining company office and made available for inspection upon request by an engineer from the Butte County Public Works Department during normal working hours. Action Required: If a blasting series exceeds the Blasting Rules and Regulations peak velocity "threshold of concern" (i.e., 0.5 inches per second), the Permittee's Explosives Department shall review the blasting results and develop the measures needed to keep peak velocities at or below the threshold of concern. The Permittee shall advise the Directors of the Butte County Public Works Department and the Development Services Department, Planning Division within 72 hours of the exceedance. Monitoring Schedule: In association with all blasting activities. Responsible Party: The Permittee, or successor in interest. Monitoring Agency: The Butte County Development Services Department, Planning Division is responsible for reviewing the blasting results provided by the Permittee, and consulting with the Director of the Butte County Public Works Department regarding any changes in blasting procedures. The Permittee shall bear any costs associated with hiring of an appropriate third-party contractor to analyze Permittee reports and make recommendations to the Department of Development Services. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this Mining Permit, and that I agree to abide fully by said conditions. Dated: Permittee NOTE: Issuance of this Mining Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other --- requirements. r' .\'~j-' _ -~ \ " lane Dolan, C 'air Board`'of Supervisors, County of Butte, State of California cc: Land Development Division Building Division GIS Environmental Health Division Fire Department CDF Assessor