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HomeMy WebLinkAbout87-021..~ ~~~ .'~" "~ ' CQUNTY OF 'BUTTE, `STATE OF `CALIFORNIA .,y . • ~,,, .fi ~~a~ , resolution No. 87-~~ A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTING A GENERAL PLAN AMENDMENT TO THE GRIDLEY AREA LAND USE PLAN AND AMENDMENT TO THE BUTTE COUNTY GENERAL PLAN WHEREAS, a private person, Gordon Mathews, representing Mathews Ready Mix, has petitioned the Butte County Planning Commission, through an appropriate application, to amend the Butte County General Plan Land Use Element, Gridley Area Land Use Plan, for a change from Orchard and Field Crop to Industrial, for that property identified on Exhibit A-I attached hereto; and WHEREAS, the proposed General Plan Amendment has been studied and reviewed by the Butte County Board of Supervisors and a public hearing held pursuant to law, at which time all interested persons were heard; and WHEREAS, the Butte County Board of Supervisors has reviewed and considered the contents of the environmental review study checklist prepared on the proposed General Plan Amendment pursuant to the California Environmental Quality Act attached hereto as Exhibit A-2; and WHEREAS, the Butte County Board of Supervisors finds that the proposed .General Plan Amendment and subsequent development could have a potentially significant impact on the environment, but will not in this case because of the Mitigation Measures and conditions which have been attached to the project, said Mitigation Measures and conditions are attached hereto as Exhibit A-4; and WHEREAS, adverse environmental effects are prevented or minimized to a less than significant Level, including but not limited to, potential dust and noise impacts which are mitigated by development agreement conditions 14c, j, k, s, w, x, a.a., 15d; and WHEREAS, the mined lands will be reclaimed for wildlife habitat and public recreation; and WHEREAS, extraction of rock, sand and gravel is essential to the continued economic well-being of the County and needs of society; and WHEREAS sand and gravel operations which create ponds in the wildlife area are consistent with the Oroville Borrow Area Plan prepared by the resources agency and policies of Fish and Game and the California State Wildlife Conservation Board; and WHEREAS, the Butte County Board of Supervisors finds the proposed amendment complies with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: 1. The project complies with the 14 specific policies listed in a memo to the Planning Commission dated September 3, 1986 and attached hexeto as Exhibit A-3. 2. Adequate separation between noise generators and sensitive receptors is provided. 3. The land in its present state is not suitable for orchaxd and field crop use. 4. The project site has direct access to Highway 70 a major arterial. NOW, THEREFORE, BE IT RESOLVED, the land use designation from Orchard and Field Crop to Industrial as shown on Exhibit A-I are hereby adopted and approved by the Butte County Board of Supervisors as an amendment to Gridley Area Land Use Plan and Butte County Land Use Element, said amendment to be the land use policy for the County of Butte in the affected area for all findings pursuant to law. BE IT FURTHER RESOLVED, that the initial study and negative declaration prepared for the General Plan Amendment are adequate for this project for compliance with the California Environmental Quality Act. BE IT FURTHER RESOLVED, pursuant to Government Code Section 65359 that the General Plan be endorsed to show the above amendment has been approved by this Board. BE IT FURTHER RESOLVED, pursuant to Government Code Section 65357 a copy of this resolution be transmitted to the City councils of the Cities of Butte County. PASSED AND ADOPTED, by the Board of Supervisors of the County of Butte, State of California, this 10th day of February 1987, by the ABSENT: None NOT VOTING: Nane .TANS T}~LAN, Chair Butte (~ounty $oard of Supervisors ATTEST: NjARTIN J. NICHOLS, Chief inistrative Officer and Clerk of the Boa J By w ` d L ~J~ 1~ // ~l ~~XHl~ho' --~AtZFA of GENERAL PLAN AMENDH~N'~ ANi~ R~zdN E (51.15 AG) ~, J`~`~ ~P Z5-t~,- 4? PTN. FILE Na. ,~(0-31 F~-~ B. G BUTTE COUNTY PLANNING COMMISSION HEARING DATES ~ ~ APPLICANT GORbON NIATI-FEV~IS OI~VNER~ STATE of CAL1FoR1~1tA REQUE. T=GEN~Qa~ P~a~a AME~fDMfeHIT EXISTING BONE= u SCALE 2EzoNE, M~NiNG PE~MtT. REGLP,MATI~tit P`AN, 'DEvpLOPMENT A~REEt~IrNT l"- 640' t' h~J/ ~~ 1 lrvLl'1 1 1U1~1 ' . ~: ~11'i'l:Ni~1 \ k~ ];I~Vllt(E\AfE:N'1'A[, (:111~(:f;1,IS'1' 1~fl12Aa {to lac coml~7ctecT b)' E.ead Al;enc)r} ~,~~ # 86-fl1-28-04 AP # 25-16-47(ptn) I. 13ACKGROllND File ~~ gb-31 1. Name of proponent GOIZDON 2. Address of proponent and representative (if applicable} a 1'. 0. Box 386 Gridley, CA 95948 3. Project description ~ endm Reclamation plan~and Development Agreement MANDATORY FINDINGS OF SIGNIFICANCE ~ Y]aS MAYBE NO a. Does the project have the potential to degrade the quality of the environment, substantially reduce , the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal ox ~ eliminate important examples of the major periods of California history or prehistory. _.,.~ b. Does the project have the potential to achieve short-term benefits to the detriment of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief period of time while long-term impacts will ~?s endure into the future.} .~ ~ - ~; =~ i~ :=~ c. Does the project have impacts which are individ>_r- r=~- ally limited, but cumulatively considerable? (A ~~»~'~ project may impact on two or more separate resources f~"~~ where the impact on each resource is relatively ~~~ small, but where the effect of the total of those •_~ impacts on the environment is significant.) ,_,~ ~`~''`''-~ d. hoes the project have environmental effects which ~ will cause substantial adverse effects on human ~`- "~"~ beings, either directly ar indirectly? .~ .._.._. III. r}ETF;RPiINATION {To he ~nmpletccl by the lend Agency} On the basis of this initial evaluation: I/rv£ find the pT01705CC1 prnjL~ct CCli11.1) NOT have a significant effect on the environment , rind a N]?{~~'~TIErI: nF.Cr.ARA'rION tai it be prepared . i/1-'1: f~n~l that ulthou~;h the r~rnl~osrd project could have a siE;nifi- cant effect on the environment, there t4ill not be a significant effect in this case because the F1rTI(~ATI0N r1>;ASr1R];S described can the att, ~hecl sheet h.EVC h~•~n adcJe~! to the project. A NFC;I1TT~rI; Dt:C;f.A2:''."1'<t?N t~'i I 1 he l~rcpc~E~r.~l. l/l~`F fi-?:! the 1~rol~osrci E,rniect hi.11" havC a significant effect on the CE3~:~7Qi11RC'.rlt, and an I:NV1R(~hhlk:ti'I'11E, IMPACT REPORT is reyuirecl. I)A•1'I:: 3unc~ ~'-,_~986 __--_-__-- _ C:«[r1)'Y OF Iill'f'1'I:, !TANNING I~E:pAR'1'P1r:N7' Laura I~ . 'F,rfttle, Asso to Planner lL ,. ' IU. ENVIRONMEyTAI, IMPr~CTS . xp anations o a 1 ''yes" on attached sheets}) t and "maybe" answers are required 1. EARTH. Will the proposal result in significant: a: instable earth conditions or in changes in geologic substruct~.ires? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? d. Destruction, covering or modification of any unique geologic ar physical features? e, Increase in wind or water erosion of soils,. either on or off-site? f.' Changes in deposition or erosion of~beach~ sands; or changes in siltation, deposition or.erosicn which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g, Loss of prime agriculturally productive soils outside designated urban areas? h. Exposure of people or property to geologic hazards'such as earthquakes, landslides, mud- slides, ground failure or similar hazards? 2: AIR. Will the proposal result in substantial: a. Air emissions or deterioration of ambient air quality? . b. The creation of objectionab"le odors, smoke or fumes? c. Alteration of air movement, moisture, or temperature, or any change in climate, 'locally or regionally? 3. WATER. Will the proposal result in substantial: a. Changes in currents, or the course or direction of water movements in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? c. Need for off-site surface drainage improve- ments, including vegetation removal, channel- ization or culvert installation? d. Alterations to the course or flow of flood waters? e. Change in the amount of surface water in any water body? f. Discharge into surface waters, or in any alteration of surface water quality, including _ but not limited to temperature, dissolved oxygen or turbidity? g. Alteration of the direction or xate of flow of ground waters ? h. Change in the quantity or quality vf.ground waters, eithe:.~ Through direct additions or with- drawals; or through interception of an aquifea- Foy cuts or excavations? i, Reduce: ~.~~ in the amount of water otherwise availa~±~F.e for public water supplies? j. Exposer:: of people or property to water relat.°°' F~a.zards such as flooding? YES MAYBE NO ~.. ~g 4 -r--- x G .~.. ~X x -2- ~ ~ t YES MAYBE N(1 4. PL~AI~T LIFE. SVi11 the proposal result in substantial: a; CFiange in the diversity of species, or num~Uer of any species of plants (including trees, i3 shrubs, grass, crops, and aquatic plants)? ~ _ b. Reduction of the numbers of an~Y unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- a ment of existing species? d. Reduction in acreage of any agricultural crop? ~ 5, ANIMAL LIFE. Will the proposal result in substantial: a. C ange in the diversity of species, or numbers of any species of animals (birds, land animals - including reptiles, fish and shell fish, ~ benthic organ~.sms or insects) ? .~ ~. b. Reduction in the numbers of any unique, rare ~ or endangered species of animals? c. Introduction of new species of animals into - an area, or result in a barrier to the migration ~~ or movement of animals? ~ ~ .~. d. Deterioration to existing fish ar wildlife habitat? -•- 6. NOISE. Will the proposal result in substantial: a: ~lncreases in existing noise levels? b. Exposure of people to severe noise levels? ~ 7. LIGHT AND GLARE. Will the proposal produce s~gnif~cant lig t and glare? -- $. LAND USE. Will the proposal result in a su stantial alteration of the present or planned .X Land use of an area? -~ 9. NATURAL RESOURCES: Will the proposal result in substantial: a. Increase in the rate of use of any natural resources? --- b. Depletion of any non-renewable natural resources? l0. RISK OF UPSET. Will the proposal involve: a. A ris~ o explosion ar the release of hazard- ous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _., b. Possible interference with an emergency response plan or emergency evacuation plan? I1. POPULATION. 1Vi11 the proposal alter the location, zstribution, density, or growth rate of the human .~ population? ` l2. HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? ....~ • ~ ~'. ..;_ - ~~ . ~ YES A4AYBE ho i3. TRANSPORTATION/CIRCIIL.4Ti0~I, ~Vili the proposal result in: a. Generation of substantial additional vehicle movement? ~~ ~ b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact on existing transportation systems? ,~ d. Significant alterations to present patterns of circulation or movement of people and/or goods? - e. Alterations to waterborne, rail or air traffic? f. Fncrease in traffic .hazards to motor vehicles, . bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental services: a. Fire protection? b. Police protection? - c. Schools? d. Parks ol- other recreational facilities? ~C,,, e, Maintenance of public facilities, including - roads? f. Other governmental services? 15, ENERGY. Will the proposal result in: a. Ilse of substantial. amounts of fuel .or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? l6. UTILITIES. Will the proposal result in a need for new systems, ar substantial alterations to the following: a. Power or natural gas? b. Communications systems? c. Water availability: d, Sewer a-r septic tank? e, Storm water drainage? ,.,cL f. Solid waste and disposal? l7. HUMAN HEALTH. Will the proposal. result in: a. Creat2on of any health hazard or potential health hazard .(excluding mental health)? _~ b. Exposure of people to potential health hazards? 18. AESTHETICS. Will_ the proposal result in the obstruction of any scenic vista or view open to the public, or tvill the proposal result in the creation of an aesthetically offensive site open to public view? -4- .l ~~... { ' 1'ES A1A~'Bi: NO 19. RECREATI'UN. tiViil the proposal result in an impact upon the quality ar quantit~.y of existing recreational opportunities? _ 20. CULTURAL RESOURCES. a. Will t e proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? _ b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? _ c. Does the proposal. have the potential to cause a physical change which would affect unique ethnic cultural. values? _ d. Will the proposal restrict existing religious ar sacred uses within the potential impact area? c ,.~.,. V. DISCUSSION OF ENVIRONMENTAL EV.~LUATION AP 25-16-47(pt:n} File X10. 86-3 ]. See attached.' -5- ~~' DISCUSSION OF ENVIROI~'IENTA VALUATION AP 25-1b-47{ptn> PROJECT DESCRIPTION General Plan Amendment - from Orchard and Field Crap to Industrial an 51+ acres located south of Welsh Raad, 1-1/2 miles west of Highway 70 along the Feather River. Resorts - from "U°' (Unclassified - 1 single-family dwelling unit and ag uses per parcel) to M-2 (Heavy Industrial) on the Same properties. Mining Permit/Reclatttation Plan - to allow sand and gravel extraction and processing on 28 acres, a concrete plant and an asphalt batch plant on 12 acres. Remaining property will be occupied by a buffer area. .f Development Agreement - to ensure that once the conditions of approval are aareed upon, the use trail? be permitted for 50 years. Applicant has entered into a 50-year lease with Fish and Game to allow gravel extraction and processing. Other - Fish and Game Lease - Mathews Ready Mix and Fish and Game have entered into a 50-year tease on site. Fn exch$nge for the aggregate and use of the land, Fish and Game trill receive large ponds far habitat improvement, and title to 10D acres between the wildlife refuge and Highway 7©. The 10Q sores run from Montgomery Street/Highway 70 Haar Oroville to Mathews` plant off Pacific Heights Road. ENV I ROi~`iEI+1TAL SETT Y i~1G The property is located in an Brea known as "Gold Dredge Flats" along the Feather River. Hydraulic mining of the 180(3s and more recent channel dredging has inundated surrounding agricultural lands with mine tailings. These tailings have no soil development; +~that little sa11 exists has been deposited by wind drift. Riparian vegetation has become established on the tailing fringes :"there water is plentiful. Experience has Shawn that upon removal of the tailings, riparian vegetation will reestablish itself. Immediately north of the proposed mine site, tailings were removed for construction of the Oroville Dam (circa 19b5). It took approximately 12-15 years to bs recolonized. The process of colonization can be sped up through reclamation and rsvegetation of the site. Geo i o~tv dredger tailings are underlain by alluvium deposited in the Holocene epoch (mast current?. These include stream channel and flood plann deposits along ~.he Feather, Sacramento and Yuba Rivers, and consist of sand, gravel, silt and minor amounts of .clay. Permeability and surface i~-tf'tltrotion range from moderate to high. -6- Hytlro~_oaY ~ ~ ~~- The mining pit is located between .~50' to 7000' frnm the Feather River. Even though spatla}iy segrh?gated, It is hydraulically interconnected. Groundwater ~~veis fluctuate with water ieve]s in the Feather River. When river flows arp law t4DD-7,fl04 Cfs), water depths in the ponds immediately north are 7'. River flows up to 10,000 cfs Increase pond depth from 1 to 5'. At river flows above 20,000 cfs, standing water can be expected. (Reference: DWR Bulletin 117-98, Oroville Borrow Area) The property suffered significant flood damage in the winter of 1986 even though it is not a Zone A floodway. Groundwater on site is fresh, not brackish. Based on available data, water level contours in 1977 were 80•, 90' in 9977. Depth to groundwater, Spring 1965 (pre-Dam) ranged from 70 to 40'. Base of fresh groundwater is approximately 800'. High permeability and infiltration of the cobbles yield large quantities of water in shallow wells. Ares wail yields are 500-9,000 Bpm. ©verdraft in the basin is not a problem; average annual recharge exceeds discharge. Tailings are an important aquifer recharge area. fkaiildl"e A corridor of well-established riparian vegetation is located along the Feather River. It is commonly made up of these species: Willows, Cottonwood, Sycamore, and Valley Oak are dominant; Elderberry, Black Walnut and Box Elder form a mid--story; Blackberry, Poison Oa}c, and Wild Grape are common shrubs. Many grasses and herbs occur. As a habitat type, riparian should be cons}dared endansered. (Reference. Dept. of Fish and Game Report) Revegetation of the excavated borrow areas has been rapid. Periodic inundation daring construction has hastened the introduction and growth of phrestophytes, principally Willow and Cottonwood. The edges of many ponds have filled in with dense riparian growth, notably Gattaii, Mugwnrt, and Western Ragweed. Riparian supports the greatest wildlife densities and diversity of all terrestrial habitats. Several species face extinction or extirpation because~of impacts on riparian. Mammals: Deer, Gray Squirrel, Beaver, Opossum, Red list, Cottontail, , Deer Mouse, ReG. Fax and Ringtail. Birds= Gaod bird activity is usually nr,ticeable. Typical species are: Great Epr~.~t, Mallard, Wood Duck, Red Shouldered Hawk, Cal}form a Oua}1, Screech t3svl, Scrub Jay, Downy Woodpecker, Yeltaw-Romped Warbler, and Wh°.te-Crowned Sparrow. ..7_ Fi`shlife~ Thirty-~n, species of fish either ~~ exist or can be expected to exist in the ponds and canals and the nearby river. Tile undisturbE:d ponds continue to support warmwater fish populations. Many of the newly excavated ponds and canals contain warmwater fish, which have traveled from the river or ad,~acent ponds during overflow periods. fine species u5i,ially predominates in any pond, with the Largemouth Bass found most frequently. The list below shows the expected habitat of the most common game fish. The Feather River is the most important King Salmon spawning tributary in the Sacramento River system. Habitat F Rocky bottom ponds Largr~mauth Bass, Smallmouth Gassy Green Sunfish, .and canals Black Crappie Sandy ar silty Largemouth Bass, Blue9ill, Whits Crappie, Brown bottom ponds Bullhead Feather River Smallmouth Bass, Green Sunfish, White Catfish, Channel Catfish, King Selman tfall and spring runs ), Stee l head t ae i rater and spring runs ), American Shad LJune run). Striped Bass tJune run ) - Species of special concern: Ringtail, Deer Mouse, Deer, Beaver, Otter, Cottontail. Birds: Bald Eagle, Peregrine Falcon, Yellow--Tailed Cuckoo. Plants: California Hibiscus, Black Walnut, Arabi s Brewer i i . - Land„ Uses Surrounding land uses west of the river include orchards, irrigated pasture, rice, some tailings. East of the river, mast of the property is within the Wildlife Area, barrow area, or occupied by tailings. The only agricultural use is dry pasture. Numerous residences ere clustered along the Highway 70 frontage. Permanent human activity in the area is low. The nearest residences are: . 16©Q• West 2800' west 4500• east# 4700' west 6200' west *iumerous residences are located between 4500 and 9000' east of the pro,~ect near H i ghway 7fl . - Daily human activity is higher from recreationists, primarily fishermenfwomen. The Wildlife Area provides opportunities for fishing, walking, bicycling, swimming, wildlife observation, and :. hunting. ~g.. M i FV i Nil UPERA~T i UN f*lathews will rempve and process mining tailings above ground eievatiart. Tailings are 10 and 30 feet high. The mine area is limited to 28 acres by the Fish and Game lease. Mining will commence with building t3 pit. Depth is estimated at 50'. Sides 5]ope5 wlll be 2' to 1' vertical above groundwater; 1:1 below groundwater. Rock will be screened Csorted), washed, and crushed. All material is crushed down to 3/4" for concrete, asphalt and gravel, ar~d 1/4" for sand. A maximum of 250 tons par hour will be processed. Yearly output is 25x,000 tons; 9b tons per hour, 1fl-hour day, 5-day week, Inclement weather, downtime god holidays account for the lower yearly output figure, Eau i intent C2} loaders C 2 3 crushers C 1 } grader C 1 ) water truck C 1) crane C1) conveyor - varies from 100 to 1flfl0' C ) dump trucks t2-4) 9-yard concrete mixer trucks screens concrete Plant asphalt plant asphalt burner All equipment is fueled with diesel. A 10,000-gallon storage tank will be installed on site. Daily consumption is 130 gallons. 6dater Use North of the mining pit will be the.plant site and s~3ttling ponds. Two 1-1/4-acre ponds Csurface area) are' proposed. ©nly one pond will be active at a time. A flaccuiant will not be used. Up to 3,000 gallons per minute will circulate through the system. 1500 gpm make-up water wilt be drawn from a well or the Feather River. A water track will be Lased to keep down dust on the access road and plant site. Misting along conveyors, screens, or the 79,424.7b cubic yards of storage piles is not proposed. -9- Concrete F' I ant -~ Concrete is made from dry Portland cement, sand, gravel and water. Sand and gravel are weighed in happens and deposited in the mixer truck. Cement and water are added. The concrete is mixed within the truck as it travels to the job. In terms of land use, a ready-mix concrete "plant"' requires storage of aggregates, Portland cement' hoppers Cto weigh rock), and concrete mixer trucks. Only the cement and mixer trucks would not be required far a simple mining operation. Each truck has a 9--yard capacity. F ~ Asoha I t P 1 at'~~ • Asphalt is made from diesel ail and aggregate. The rock enters the plant wet and #s dried by a big blower until dry. Dust is caught in a bag house. Diesel ail #s heated to 275-350 degrees by s burner. The burner is fueled by natural gas, propane or diesel. The hot oil is ~. then m~lxed with aggregate. Emissions Pram the plant are filtered _ through water, releasing a steam plume through a stack. The cooked - asphalt is loaded into dump trucks and hauled to the job. - ~ A large fan or "jet" engine is required to start up the plant. Asphalt plants can produce a pungent odor. EPiV I ROI+11"lEPlTAL IMPACTS Note» xB = beneficial impact 1a: Pitlpond con5truation could result in unstable geolaeic conditions. The pit's s#de slopes could cave inward. Damage would be - limited to the immediate mine site. Reclamation of the site pursuant to SMARA (Surface Mining and Reclamation Act) arsd the Fish and Game lease will ensure that the ponds are property engineered. The Mining Permit wilt be conditioned to require 2.1 scopes above groundwater, '1 :1 below. 1b: Tailings cover the entire site; there is very little soil (see Environmental Settin ). Alluvium underlies tha cobbles at an unknown depth. The level of alluvium ~,ai11 mark the pit'S bottom. 1c: The site is presently covered by dredger tailings 90-~0' h#gh. - Ail tailings will be removed in the 28.57-acre pit area. A pit will slowly be dug, down to an estimated 50'. After mining, the land viii be t eve 1 , w i th .one 1 arge pond t 28 acres ) and tr+~o sma 1 1 ones ('1 ~-1 !4 acres each). i'h#s is a significant change from the present topography. The impact is beneficial. Reclaimed lands wilt be suitable for wi#dlife habitat and recreation. ..~~^ ~. if: ~'wa 1-i/~-acre settling ponds will be constructed 80fl' east of the river. If for any reason the Ponds fail, there is a possibility that sediment will be released to groundwaters or to the Feather River. A second source of sediments into the river would be from a flood. Ponds would merge with floodwaters. Both sources of sediment could be mitigated with proper en9ineeringc 1. Engineer ponds to carry design capacity + 1Q0-year rainfall. 2. Ponds to maintain 2' of freeboard at all tEmes. ~3. Ponds to be constructed and lined with an impervious material Cciay, etc.). ~~ _. - -• . 4. Pond design to be approved by the Department of Public Works. f - 2a: Deteriesration of ambient air quality is possible from a number of _ .different sources: ~ asphalt plant -~ * hau 1 roads _ ~ loaders and crane loading and stockpiling materials - ' ++ conveyors, screens _ ~~ ~ =~~ ~ stock p i 1 es Excavation Excavation of tailings, sand and gravel is in many respects comparable to construction activity. The variable is the amount of property undergoing active disturbance. It is estimated that 2 acres w'sll be - actively disturbed an any one day. An EPA ert~isslan factor for _ cortstructian sites is 3.4 tons per month per acwe of aetlve - construction. Multiplying 1.4 by 2 acres yields 2.8 tons per month. ~'rar~sport - Excavated materials will be transported to the aggregate plant via conveyors. Depending on how far the operation has progressed, conveyors w i i 1 be 1 OC1 to ~ 2QE)Q' . re ate Plant " ~ At the aggregate plant excavated materials, Sand, gravel and cobble " are separated. There is very little dust generated because the material is kept moist during the process. A portion of that is rased in concrete and asphalt is crushed and then segregated according to size. The gravel is kept dry through crushing, screening and " rehandling. Without dust controls, these operations can produce a considerable amount of dust. ..~~_ ~f-,e SPA estimates ~ lions at .1 lb/ton of dri aterial for uncontrolled plants. At 120.19 - 250 tons per hour, emissions are 12.02 - 25 lbs. per hour. At iQ hours a day, 5 days a week (216.5 hours per month), 2602.33 - 5472.5 lbs. per month cquld be generated. Dust can be controlled by installing a bag house to collect dust at crushing, screening and transfer points. A second option i5 to install a high-pressure, low-volume mist system. Asphalt Plant The asphalt plant will not be utilized on a day-to-day basis. Qnly when Mathews is successful on an asphalt bid will a batch be prepared. Use is estimated at 30 days per year. During loading, drying and heating of materials s great amount of dust is generated. W#th a bag house emission is estimated at .1 ]b/ton. -With a plant capacity of 250 tons per hour, 25 lbs. of fugitive dust per hour can be expected 04,330 lbs. per year, averaged at 36©.83 lbstmonth). Stockpiled dry materials during periods of strong wind are another source of dust. This is particularly true of active stockpiles whale surfaces are constantly being disturbed. The ten stockpiles wi]t store an estimated 99,424.?6 cubic yards, weigh#ng 41,956.4 tons. Assuming 90~ active storage and 90~ inactive storage, .94 ton of dust per month is the max#mum anticipated. Active: »000002 x tons stored x 30.4 days/month .000002 x 4196.64 x 30.4 = .26 Inactive: .000001 x tons stored x 30.4 days/month .000001 x 37760.76 x 30.4 .68 An estimate Qf stockpile-generated dust can pat be generated unt'sl the amount in storage is known; 2.7 lbs./ton stared is the average. es t" Excavation, hauling and processing will utilize diesel engines for combustion. It is estimated that 2,814.5 gallons will be consumed monthly. Emissions are shown on Table 1. -12- Tabie 1 Summary of Particuiate CmisSians Excavation A99regate Plant Asphalt P1ant~ Stockpiles Active InaCtiVe Transport Diesel Combustion Particulates Sulfur Oxides Carbon Monoxide Hydrocarbons Mltrogen Oxides Aldehydes _~ Orear+ i c Acids Employee Traffic Carbon Monoxide Nitrogen Oxides Hydrocarbons Particulates Total all emissions Toni/Man~h 2.8 i.04-2.7t .18 .26 .b8 . i31 .06 .31 .05 .52 . X305 .005 .18 .02 . E32 .002 6.16-7.$3 tons/month Based on the 1987 projected emissions inventory for Butte County, project will increase totai County emissions by .062-.079. Figures subject to revier~o by Air Pollution Contrpl District. -13- ' Emploven Tr~ff.i~-Emi ssions Mathews will errtploy 11 persons at the plant. Based on 11 employees making an average of 2.8 trips per day with a n average trip length of 10 miles, the following emissions will occur. Composite Emission Factor Emissions, ~.~ Pal Tutant ~„gwram/mi ) ~I,i_1_esL[J ~~c Lbs./Dav CO 24.23 308 16.32 NOx ~ 2.41 308 1.62 Total: . Hydrocarbons 3.26 308 2.20 Particulates .31 308 .21 -The significance of any air pollution source is dependent on many _ factors. surrounding air quality distance to receptors sensitivity of receptors wind patterns dropout rate. Air quality on site is good. Tha nearest residences are 1600 and 28(30 - feet west. Residences are sensitive.' A second potentially sensitive _- receptor is recreationists. Two popular fishing spots are 1-1/2 and . 2-~ 1 /2 m i 1 es west--northwest . A wind rose is attached. Winds blow towards the west 3.49, and to the northwest 10.19 of the time. According to the F.E.I.R. sand and gravel operation River Bend Ranch, fallout rate of these materials is: - 74.6ii will fail out within 40' 92.49 will fail out within 2000' 94.79 will fall out within 5 mires 99.49 will fail out within 1513 miles Based on these rates, 7.69 of emissions rr:ay reach the residences when winds are blowing to the west and northwest. 6.459 of the emissions may reach recreationists under the same wind conditions. Dust can be mitigated by obtaining a "permit to construct" from Air Pollution Control, watering of work sites and haul roads, and planting of trees to they'north and west in the 100' buffer. 2b,c: Asphalt plants generate an Identifiable odor. They are a15a a localized heat source. The impact could be significant but is not in this case because the plant will only run sporadically. Sensitive receptors are not within 1600'. ..~4_ n ~' ~ ~ L~ WihID ROSE OROVILLE AIRPORT -].5- 11rRA CORpORATl01 m~ es~p~-~ m~, F 5 31ra : On--s i tie ~dra l Wage patterns w i l l change w i th excavation . No l onger will water pond in small depressions. Alteration of drainage patterns will be limited to the mine site. A 1t]0' buffer of tallings surrounds the pit area and will contain stormwater runoff. After reclamation, drainage will return to a semi-normal pattern, flowing west-southwest to the Feather River. The 700' buffer of tailings wilt impede surface flows. 3f,h: No direct discharge to the Feather River is planned or permitted« However, by its very nature, the mine may discharge to groundwaters thence surface waters. A pit wilt be constructed. Groundwater is expected to be intercepted at 10 to 40'. A crane will ramous materials below groundwater and pile them up to dry.- ` Excavation underwater will create turbidity. Constant disturb$nce will keep particulates suspended. Groundwater flows to the river may flush these sediments out of the pit. Input from Regional Water ~ual[ty Control will be requested to determine if impacts to the Feather River could be significant. ~,~: Federal flood maps indicate the property is completely surrounded by but outside of a Zane "A" flood boundary. A 6 to B' levee [s supposed to protect the land from flood. Reclamation Board maps (state of California) indicate the plant site is within the flaadway. The 1956 flood washed out the levee road. During high water, pond and pit water wilt mingle with floodwaters. At this time, contamination is possible but not of concern because of the dilution factor. Mining operations weather floods fairly well. Floods are tied into releases from Oroville Dam. Employees will have plenty of forewarning to evacuate. The diesel storage tank should be undergrounded so it will not break away and rupture. 4a,c: The mine site is Env i ronmenta_L Sett i na }. managed by Fish and Gam freshwater pond stocked colonize the perimeter. revegetatian as part of on site is a beneficial essent':ally devoid of vegetation Lsee After mining is complete, the land will be e for wildlife habitat. The "pit" will be a with fish. Riparian vegetation will slowly Calanization could be sped up through reclamatian« Imp~a^ovement to wildlife habitat impact. 5a,c: Reclamation of the site and recoic7~~ization by riparian vegetation will provide prime wildlife hc:~itat for a multitude of species. though the lease is for 50 year:i, reclamation may occur in as little as 15. These impacts are benefar~ial. Fish and Game has no objections to the project. 5b: The project site incorporates a 70a' ~~~rffer around the pit area. The buffer, i f pi anted w i th native veget.:.~." ~n to screen the plant site, will limit noise, dust and incompati.r~e land uses from spilling iota the Wildlife Area. -16- 6~ NaiSe levels g~ ~ated by the equipment ar.• ~timated to be: • Peak di3 Constant ~_aterm i tterrt (2) leaders 104 X C2) crushers 110 X grader 108 X water truck 85 X crane 104 x conveyor ~ 104 X C 2) dump truck s 1 08 X C2) concrete mixer trucks 105 X screens 103 X asphalt plant 85 X Based an the raise analysis, noise generation is not a significant Impact. Nc mitigation is necessary: 8: The property is currently designated Orchard and Field Crop on the General Plan. Site designation criteria are: a. Soil conditions we11 suited to plant crap operations. b. Adequate wate3r supply. • c. Predominant parcel sizes of 5 acres or more. d. Used for crop production nr secondary uses. e. Adjacent uses compatible with primary and secondary uses. In its present state, the sand is not suited to agricultural production. An Industrial General Plan designation has been requested. Concrete plants and asphalt batch plants are only permitted In Industrial zones, compatible with an industrial designation. Industrial is the only designation In place which is suitable. Upon completion of the mine, a General Plan Amendment to Public should be initiated. A suitable zoning category is Public or Resource Conservation. A mine wi11 promote intensive human activity in a remote area. The office, equipment and plants are visually much different from open expanses of rock plies. This impact is temporary, limited to the life of the mine. 9a,15a: Diesel Fuel will be utilized to power most of the plant's .equipment. Up to 130 gallons will be combusted each day. 108: Storage of 113,000 gallons of diesel brings with a risk of release or explosion. If the tank were to explode, damage would be limited to the plant. Tailings and levees are a natural firebreak. Risk of release to the environment can be reduced through proper tank installation. Ali tanks should be undergrounded pursuant to thq underground storage law. IF undergrounding ~is not feasible, an ~I.$- a lternat i ve mode o'~ .:orage i s ~ above ground on a concrete pad and ~ surrounded by an impervious berm sufficient to contain the tank's contents. 93: The project takes access from Highway 70 via an unnamed DWR road. CalTrans has jurisdiction over Highway 70. They've expressed concern over increased turning movements, a bottleneck between Palermo Road and Grover, and truck traffic. At a minimum, a public road approach and encroachment permit from CalTrans is required. The DWR road will have to be upgraded to 20' wide. DWR is currently rebuilding portions of the road washed nut by the flood. No residences access from th® DWR road ar directly access oFF Highway 70 in the immediate-vicinity. Therefore, they will not be impacted. Average dally traffic generation is anticipated to be= Employees: ~1 x 2.8 3i Mathews has submitted inFvrmatlon on.truck traffic as followsa Number of trucks leaving and entering the site dally is 48; 24 round trips. Destination of trucks= Intercompany: to Yub$ City 7 loads to Chico 7 loads to Oroville 5 loads to Gridley 1 oad 20 loads ©utside sales: North on Hwy. 70 3 loads South on Hwy. 70 t load_ 4 loads Total trips: North on Hwy. 70 'i5 loads South an Hwy. 70 ~d..e=: 24 loads The most recent traffic taunts for Highway 70 circa 1982, '1983 are: Palermo Road: 7$00, 8300. Mathews could increase traffic volumes by .58~, an insignificant amount. Actual 'sncrease will be less. This mine will replace the one in Gridley. 74a: The mine will require minimal f'sre protection. Diesel fires can be suffocated with sand stored an site. Any other fire can be doused with pond water. _~g_ i~b: A security gate should be constructed around the site to prevent unlawful entry. 14d,14: The Oroville Wildlife Refuge surrounds the property. Intrusions of noise, traffic and dust may adversely affect the recreational experience. Although there are no developed facilities ,in the immediate vicinity, two Popular fishing holes are within 1-1/2 and 2-1/2 miles. These fishing areas should not be adversely affected, _ Reclam$tion of the property for wildlife habitat will benefit " Fish and Game and the residents cf California. Mathews wilt deed 100 acres of r,lver frontage to Fish and . - Game in exchange for mineral rights. The river frontage will become part of the wildlife refuge, open to the public. 16at Mathews will extend power to the site from Highway 70. Lines should be discreetly placed. 1bc: We11 yields are good in the area. Mathews will dr311 a well to serve tha plant. ~ ` 16e: Stormwaters will flow into the ponds. 16f= The tease specifically prohibits accumulation of garbage or debris. A field trip to the Gridley Site revealed a well-kept Plant. -Zp_ \~ Reference$ Butte County Planning Department, "Green Rock Quarry EIR," 1984, California Division of Mines and Geology, "'Geology of the Oroviile Ouadran9le," Bulletin 184, 1965. The Resources Agency, gepartment of Water Resources, "Califarnia Protected Waterways Plan," 1971. The Resources Agency, "Evaluation of Groundwateri Resources, Sacramento Ya11eYs" Bulletin 118-6, 1978. The Resources Agency, "Groundwater Resources in Butte County, 1985. The Resources Agency, ~~roville Borrow Area," Bulletin 1i7--18, 1968. Environmental Assessment and Resource Planning, "Sand and Gravel Operations at River Bends EIR," 1975. Rau, Wooten, "Environmental Impact Analysis Handbook," McGraw-Hill, 1980. Hamburger, Kell, "Fundamentals of Traffic Engineering," Tenth Edition, Institute csf Transportation Studies, Berkeley, 19H1. -21w TENTATIVE LIST DF MITIGATION MEASURES/CQNDITIONS . 'i. State permits required- Encroachment permit from CalTrans D#scharge permit from Regional Water Quality Control. 2. Local permits: ' Authority to construct from Air Pollution Control District. Butte County Mosquito Abatement Environmental Health ~~~=_ Butte County Public Works - Califcirnia Departm®nt of Far entry 3. Pond slopes to be no steeper than 2:'i above groundwater; t:'i below. 4. Engineer ponds to carry design capacity ~ 100-year rainfall. ~; 5. Ponds to maintain 2' of freeboard at all times. ;.. :~~_ b. Ponds to be constructed and lined rlith an impervious material Cciay, etc.). r ?. Ponds to be approved by Department of Public Works. 8. Ponds to be located above the flood plain. 9. Instal) a bag house to collect dust at crushing, screening and transfer points. 'E i3. Asphalt plant to be equipped w'sth a bag house and water filter. 11. Regularly water work sites and haul roads to minimize dust. 42. Plant a quick-growing line of indigenous tress along the north and west property lines to screen plant site. Trees to be in a daub 1 e row, spaced 6-8 ` apart. Trees to extend 9 X135' al orrg thc3 west property line, beginning at the northwest property corner. i3. No flocculants permitted. 'E4. Underground diesel storage tank, or install tank sbove~ground on an impervious surface surrounded by a berm suffic#ent to contain tha tank's contents. 'i5. Revegetate site w#th riparian species under the direction of responsible state agencies. 16. Limit plant operations to Monday-Saturday, ? a.m.-? p.m. 1?. Install recur#ty fence along north property line, and 50' along the west and east property lines. -22- Mathews On Site Equipment .~ 3 - '_• Loaders _ Cr~.tshers Grader Water Trucl~ -. - Crane CC3P'!Ye'ynr _ ~:~ Dump Trucks : ~ Concrete Mixer TrucL: '' ~: Screens := Asphal t PI ant -i ;...• Scxund Output in i~ecibels 107,00. 113. acs ' : 108, Oa 85.04: 104.00 ia4.oo 111.0u 1 //4~~8. (0~/4~ 1 V'a? Y Y Y 85.44. Total equipment sound output .~ logarithmic sum of sound pressures `- ( lpill0) p total = 1V log (n1U ) 199526231496.89 63095734449.02 _ 31b227766.G2 25118864315.10 _ 2511 X3864315. 10 125892541179.42 - b3095734448.42 19952623149.69 ?~ib22776b.U2 Sum ref a29 to a-38 572551772246.99 estimated plant output at site 117.58 - Notes: Where two cif the same pieces of equipment will be located ors site, the db output is equal to output from one plus ,:adt~. = Ai l f ormul a di stances are i n meters. ..2~_ 5aund F'rcapagati an Wnrst Case Distance Atmospheric barrier ~'otal feet Distance Decibels Absarptitin Attenuation 5n~~r~c[ 5U. ~7Cy i5.24 82.92 - d, 11 ~3, UU 82.81 1 c~0. Uta .'s~U . 48 76, 9~~ X7.22 5.00 71.68 2U0,00 6f~.96 7©.88 G. 44 5.00 65.44 40x7. UCH 121.92 b4.8b 0.88, 5. CSO 58.98 $GU.UU 243.84 58.4 ..1.7b, ..... S.OU 52. U8 1640.40 487.68 52.82 3.52 5.0U 44. •3~~ . ,2000.00 609,60 5(?.88 4.44 S.OU 41.48 30t7U . OU 9 i 4•, 40 47.3fa 6. b4 ~ 5.00 •:5.76 4fa~70.00 1219.24 44.8fa 8.80 - 5.00 ~ :~ ~.. 06 50U~3.00 1524,0~~ 42.92 11.00 S.UO 26.92 fa000.00 1828.80 41,33 ~ 1.20 ~ 5.00 23.13 7000.00 21.33, 64 -~ 44, X30 15.40 5. C~t~ 19.60 8000.04 2438.40 38,84 17.60 '. 5.U4 16,24 904U.00 274•++. 20 37, 8i 19.80 5. X10 13. nl 1 Uc~UCr ~ ~}t~ 3U48. CyC,~ .;6.94 22. t~C~ 5 « ~~t7 9.90 1 1 ft17C.~ . 07 33 52.813 36, ~~? 24. i4 5. C~0 b k 87 -24- Applicant: Gordari~ ~ .hews Assessd. Parcel # ' 25-1 6-4~C ptn ) ' Log # 86-01-28-04 D T H A . Pro_ tact Descr i >at ~_ Qn 1. Type of Pro,ject• General Plan Amendment, Rezone, Mining Permit, Reclamation Plan and Development Agreement. 2. Be-ief De~:ription: 3. LocEatian: Seven miles south of Orovllle, 1-1l2 miles west of Highway 70, via an unnamed DWR road along the Feather River. = T1BN, R3E, Section 15. 4. Proposed Density of Developments ` 5. Amount of Impervious Surfacing: b. Access and Nearest Public Roadts?: Access road off Highway 70, '!-1/2 miles east. ?. Method of Sewage Disposal: Septic systems. 8. Source of Water Supplyn Individual walls. 9. Proximity of Power Linnss' Approximately 1 mll® away. 'i©. Potential for further lid divisions and developrent: Mining ' of adjacent 30• acres of tailings. B. vl 1. Terrain a. Genc3ral Topographic Char$cters Rolling rackpiles Cdredger tailin9s)r b. Slopes: Micro rel9ef of 1fl-3fl~. c. Elevations 400-200'. d. Limiting Factors: None. 2. Soi ls a. Types and Characteristics= Dredger tailings, minimal if any soil development. Dirt has accumulated in low spots between mounds, supporting riparian vegetation. b. Limiting FBCtorss 3. Natural Hazards of the Land a. Ear-thquake Zone: Moderate. b. Erosion: Potential: None to Slight. c. Landslide Potential= None. d. Fire Haasrd: Moderate. e. Expansive Soil Potential: nfa, 4. Hydrolo®y a. Surface Water= Adjacent to Feather River on west. b, Gr-oundrsater: H i gh groundwater table. c. Drair:age Characteristics= To Feather River. d. Anr-ual Rainfall fnormal)s 20-22". e. Limiting Factors: -25- ' ~ 5. Visual/Scan Ouaiity: Highly scenic': 45 of river, trees, fields. 6. Acoustic ~uaiity= Excellent. 7. Air Quality= Good. Blolosaicai Environment: 8. Vegetation: Riparian species, Gottonwood, Poplar, Blackberry, Poison Oak. ' 9. Wildlife Habitat: Limited riparian end marsh habitat suitable for ducks, rabbits, birds,~etc. 10. Archaeological and Historical Resources in the arear High potential for resources listed on Butte County maps. However, dredger tailings would have overcovered any artifacts. ~~. Butte County General Plan d8signation: Orchard and Field Crop.. - 92. Existing Zoning= "U"• 'i3. Existing Land Use ar+-site= Rock p11es. 'i4. Surrounding Area: a. Land Uses: Feather River, ag lands, no significant residential development before 400fl feet east. b. Zoning: `"U", A'5. c. Gen. Plan designations: ('3rchard and Field Crop, Agricultural-Residential, Public. d. Parcel Sizes: West: 20-25. Alorth: 161. East:~17B,30a. South : 29--34 . e. Populatior+: SPar'se. 95. Character of Site and Area: Dredger tailings along Feather River. i6. Nearest Urban Area: City of tlrovilie. 17. R®levant Spheres of Influence: Butte County Mosquito Abatement District. 18. Iaeprt~veReents Standards Urban Area: n/a. 19. F i ra Protect i tin Service a. lest County ( State) F ire Station s p72 , 1163. b. Water Availability= Engine capacity only. 20. Schools in Area= n/a. -26- ~pl~--~-ayXS A'~F v'-_~.u.. _._ ._.._... 1 , General Plan Policies Applicable to Mathews Files 86-31A,B,C 1. Encourage extraction and processing of identified deposits of building materials and other valued mineral resources CLand Use E 1 ement C LUE) , Page. 33 } . 2. Encourage the reclamation of lands subject to mineral extraction {LUE, Page 33) . 3.. Provide sites and facilities to accommodate a variety of economic activities CLUE, Page 35>. 4. Promote the development of new industry to the County CLUE, Page 35?. 5. Locate industry rsear major transportation facilities which awry raw materials, finished products and commuting workers CLUE, Page 35) . 6. Encourage the separation of heavy industrial and residential areas with other uses, natural barriers or public facilities CLUE, Paga 36 } . 7. Work with public agencies to designate sites far new parks and _ recreational areas CLUE, Page 38). $. Consider recommended noise levels in review of proposed developments CLUE, Page 40 ). 9. Protect valuable scenic areas end parks for enjoyment by residents and v S s l tors C project w i l l add i 0 tl acres to the Orov i l l e W i l d l i f e Area and develop ponds for wildlife habitat) CLUE, Page 40 ). " 10. Regulate development to facilitate survival of identified rare or endangered p l ants and animal s C LUE , Pag® ~i 1 ) . 11. Encourage the creation and expansion of natural and wilderness areas CLUE, Page 41; C)pen Space Element, 14.9). 12. Industr'sal siting criteria (LUE, Page 54}. 13. Deposits of Sand, gravel end building stone should be identified and the development of these deposits carefully regulated to prevent depletion of these natural resources through improper methods of removal CCanservation Element, 6.11). 74. New land divisions (Pro,~eC.tS) should be held re5Ponsibie for the off-site road improvements needed to handle their traffic increases (Circulation Element, Fage 76 ). EXHIBIT A-4 Mathew's Project Mitigation Measures and Conditions: 1. Specific Restriction an Development of Real Property. In addition to zoning classification, the following specific restrictions shall also govern the use of the property: a. Permitted uses are as follows: 1. Mining, crushing, sizing and storage of aggregate. 2. Accessary uses necessary to support mining activities such as equipment storage, welding, scales, offices, water supply, etc. 3. Storage of 10,000 gallons of diesel fuel. 4. Sale of mined material. 5. One sign 5' x 5' advertising the operation at Highway 70 and the access road located no closer than 55 ft. from the centerline of Highway 70. b. Site requirements are those listed in Section 24-33 and 24-117 of the Butte County Zoning Code as in existence on the date of this development agreement. c. Prior to commencement of mining operations, obtain permits from the following agencies and meet their requirements or submit proof the agency has waived the permit requirement: 1. Encroachment permit from Caltrans 2. Discharge Permit from Regional dater Quality Control $oard. 3. Authority to construct from Air pollution Control District. 4, Butte County Mosquito Abatement. 5. Butte County Environmental Health. 6. Butte County Public Works. 7. California Department of Forestry. d. Pond slopes to be no steeper than 2:1 above groundwater; 1:1 below. e, Engineer settling ponds to carry design capacity f 100-year rainfall. f. Settling ponds to maintain 2 ft. of freeboard at all times. g. Settling ponds to be constructed and lined with an impervious material (clay, etc.). h. Settling ponds to be designed and installed as approved by Department of Public Works. i. Settling ponds, plant equipment, structures and facilities to be located above the floodplain. All information deemed necessary by the Director of Public Works to prove the condition has been met will be submitted prior to issuance of final building permits. j. Install a bag house or high pressure low volume mist system to collect dust at crushing, screening, and transfer paints. k. Regularly water work sites and haul roads to minimize dust. 1. No flocculants permitted. m. Install the diesel storage tank underground, or place the fuel tank above ground on an impervious surface surrounded by a berm sufficient to Contain the tank's contents. dank to be installed above the flaodplain. Any flammable material other than diesel fuel must be stored underground. n. Revegetate site with riparian species under the direction of responsible state agencies. o. Install security fence along north property line, and 50 ft. along the west and east property lines. -~- p. Sediments collected in the settling ponds will be removed. q. Water to be supplied through a deep well, cased to exclude river and under flow waters. r. We11 to be installed under permit and inspection by Environmental Health. s. A minimum 100 ft. buffer shall be maintained between the mining pit and Feather River Channel. t. Power lines to follow the south side of the existing access road from Highway 70 to the plant site on State lands. u. Comply with reclamation plan submitted 1/30/86. v. Comply with Fish and Game lease. w. Layout of facilities, improvements, ponds etc. to be inaccordance with site plan. x. Hours of operation including maintenance of equipment and haul road operations from 5:00 a.m. to 9:00 p.m., Monday thraugh Saturday, and may be extended if a local emergency is declared by the Board of Supervisors. y. Construct a berm along the access roadway to minimize headlights from intruding into the mobile home park. AA. No blasting will be allowed. BB. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 2. Public Im rovements Facilities and Services. Property owner agrees to provide the following gubiic improvements, facilities and services: a. Prior to Butte County signing the use permit, applicant to submit a $25,000 performance bond to guaranty the conditions of the mining and reclamation permit through the life of the project. The performance -3- bond shall be reviewed bi-anually and may be increased or decreased in accordance with the Engineering News Record Construction Cost Index (ENRCCI}, b. Performance bond to be held until the site is completely reclaimed and applicant has applied for a General Plan Amendment to Public and Rezone to Resource Conservation. c. Contribute a fair share towards the cast of installing a left turn lane between 500 ft. ar what is required by Caltrans south of the project access road intersection with Highway 70 and north to Palermo road and erect warning signs per Caltrans approval and a truck crossing sign per Caltrans approval. d. Access road to be paved with asphalt cement concrete surface or equal with appropriate aggregate base and sub grade in accordance with the Department of Public Works specifications from Highway 70 to three-tenths of a mile west. r .,(~..