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HomeMy WebLinkAbout92-032r , u ~ ~- - - -- -, -- .. - s ~u eo~,~o of suPE~v~so~ :~ COUNTY `OF $CJTTE, STATE OF CALIFORNIA ~esojufion No. 92-32 A RESOLUTION OF THE BOARD DF SUPERVISORS DF THE COUNTY OF BUTlE APPROVING THE USE PERMTf, MINING PERMIT AND RECLAMATION PLAN FOR GREEN ROCK QUARRY, AND MAKING REZATID FINDINGS BE IT RESOLVED by the Butte County Board of Supervisors as follows: I. The Board of Supervisors hereby finds and determines as follows: a. On or about November 27, 19$4, the Board of Supervisors approved a use permit, mining permit and reclamation plan authorizing operation of the Green Rock Quarry. (Evidence: Butte County Planning Department fale on this application.) b. After a series of time extensions by the Butte County Planning Commission and this Board, the use permit approved in 1984 expires on March 31, 1992. (Id.) c. On or about January 4, 1989, Roger Green, the operator of the quarry, filed an application with the County to extend and modify the existing use permit, mining permit and reclamation plan. (Id.) d. The County Planning Commission determined that an environmental impact report was required for the application, and the County retained an environmental consultant to prepare an appropriate EIR. (Id.) e. A notice of preparation of the EIR was sent to all organizations and individuals requesting such notice, and was otherwise duly noticed and distributed pursuant to the requirements of CEQA and the CEQ,4 Guidelines. (Id.J f. A notice of completion of the draft EIR was duly noticed and -1- 679011L012392 circulated pursuant to CEQf4 and the CEQA Guidelines, and the draft EIR was otherwise made available for public review and comment. (Id.) g. The County Planning Department sta_,~" and environmental consultant have reviewed the comments to the draft EIR, responded to the comments, and prepared a final EIR. (Id.) h. The County Planning Commission held a series of duly noticed and conducted public hearings on the proposed application and EIR, and at a meeting on October 24, 1991, the Planning Commission denied the application. (Id.) i. The applicant timely appealed the decision of the Planning Commission to this Board. (Id.) j. This Board held a duly noticed public hearing on the applicant's appeal, and has considered comments made at that public hearing, the Planning Department file in this matter, the EIR, and correspondence and petitions received from interested persons concerning the application. 2. Pursuant to the requirements of CEQA and the CEQA Guidelines, the Board of Supervisors hereby makes the fallowing findings and determinations: a. The Final Environmental Impact Report for the Green Rock Quarry Expansion (Volumes I and II) ("Final EIR ") has been completed in compliance with the requirements of the California Environmental Quality Act and the CEQf4 Guidelines. The Final EIR was presented to the Board of Supervisors prior to its decision on this appeal, and the Board has reviewed and carefully considered the information contained in the Final EIR prior to adopting this resolution approving the project subject to conditions. b. Far purposes of this resolution the "Project"is alternative project A-I as identified in the Final EIR, as that alternative is mod~ed by the conditions of approval attached as Exhibit A and incorporated herein. The Final EIR concludes that the Project may have - 2 -r 674Q/R012342 sign cant environmental e, fj`ects in the following areas: geology and sails; hydrology and water quality; biological resources; air quality; noise; tra„~ic oral circulation; and, aesthetic resources. The particular significant impacts and mitigation measures are summarized at pages II-4 to II-29 of the Final EIR (attached hereto as Exhibit B and incorporated herein, and are discussed in more detail throughout the text of the Final EIR. c. The Board of Supervisors has carefully reviewed and considered all of the proposed mitigation measures set forth in the Final EIR, and concurs that all of the recommended mitigation measures are appropriate. Accordingly, the use permit/ mining permit/reclamation plan application as approved by this Board will be changed and altered by including all of the Final EIR recommended mitigation measures as express conditions of approval. (Evidence: paragraph S of this resolution, and Exhibit B. J d. The Project may result in significant geology and soils related impacts as summarized in Exhibit B. By including the Final EIR recommended mitigation measures in the conditions of approval of the Project, changes or alterations have been required in, or incorporated into, the Project which avoid ar substantially lessen these significant environmental e~`ects. The investigations, monitoring and implementation required by the mitigation measures will identify areas of concern regarding slope instability and other geological considerations, and will allow for the Project to be conducted in a manner so as to alleviate these areas of concern. (Evidence: Final EIR pp. II4--II-7 c4c ch. IV.) e. The Project may result in significant hydrology and water quality impacts as summarized in Exhibit B. By including the Final EIR recommended mitigation measures in the conditions of approval of the Project, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen these significant environmental e~`ects. The study, report and plans and improvements required by the mitigation measures will avoid the hydrology and water quality concerns. Similarly, the groundwater monitoring requirements will eriuble - 3 - 6790IR012392 the quarry operator and County to determine if groundwater problems develop, and to take appropriate measures at that time. (Evidence: Final EIR pp. II-B-II-14, ch. V ~ Appendix G.) f. The Project may result in significant biological resources impacts as summarized in .Exhibit B. By including the Final EIR recommended mitigation measures in the conditions of approval of the Project, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen these significant environmental e,~`ects. In order to avoid loss of critical habitat, the applicant must develop mitigation measures in cooperation with the U. S. Fish and Wildlife Service prior to final approval of the use permit and mining permit, which mitigation measures will probably include those listed in Exhibit B. The reclamation plan required as part of the Project will also require appropriate replacement of top soil, re-vegetation and other reclamation to avoid biological resources impacts. During the course of the Project, the applicant will also be required to do ongoing re-vegetation and reclamation. (Evidence: Final EIR PP• II-T 6-1'I-2l , ch. VI dt Appendix C. ) g. The Project may result in significant air quality impacts as summarized in Exhibit B. By including the Final EIR recommended mitigation measures in the conditions of approval of the Project, changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen these significant environmental e, f~ects. The Project will require a permit from the Butte County Air Pollution Control District. Prior to final approval of the APCD permit, the applicant must establish and implement required air quality control measures. (Evidence: Final EIR pp. II-22-II-23, ch. VII & Appendix G.) h. The Project may result in sign cant noise impacts as summarized in Exhibit B. By including the Final EIR recommended mitigation measures in the conditions of approval of the Project, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen these significant environmental e„~`ects. The only potential sign cant noise impacts are from the blasting operations. Because of the mitigation measures, and the ^ 4 - 67901It012392 additional blasting related conditions of approval, the potential blasting noise impacts wild be substantially lessened to a less than significant level. (Evidence: Final EIR pp. II-24-II-25, ch. VIII & Appendices A & E.) i. The Project may result in sign cant tra,~'ic and circulation related impacts as summarized in Exhibit B. By including the Finad EIR recommended mitigation measures in the conditions of approval of the Project, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen these significant environmental effects. (Evidence: Final EIR pp. II-26-II-27, ch. IX & Appendix I.) j. The Project may result in significant aesthetic impacts concerning views from State Highway 70 and local residences as summarized in Exhibit B. The Final EIR was unable to identify any mitigation measures to reduce these visual impacts due to the large scope of the proposed excavation. The anly alternative that avoids aesthetic impacts is the no project alternative. Accordingly, this impact will remain sign cant and not subject to mitigation to an acceptable level. The Board finds that the following specific economic, social and other considerations make infeasible any mitigatian measures for this impact and also make infeasible the Project alternatives that may alleviate aesthetic impacts: The Project will provide a substantial number of jobs for Butte County, both direct employment in connection with the quarry operation and indirect, secondary jobs from local suppliers, services, the railroad and other businesses that serve the quarry. These additional jabs will provide a significant economic boost to the Butte County economy. These jobs and quarry operation will also result in taxes for the County of Butte and other local government agencies, and the State of California. There is also some risk that if the quarry operation ceases, that Union Pack Railroad might reduce its operations in the Butte County area. The presence of the railroad in the community is a substantial benefit, and the Board desires that the railroad continue its present operations in the County. The rock to be mined at the Green Rock Quarry is of sign ficant - 5 - 67901it012392 value to the entire region, especially for use underlying rail dines. In order to continue making this rock available to the local area and the greater region, it is of significant economic and social value to continue the quarry operation. (Evidence: Testimony at December 3, .1991 Board of Supervisors hearing; Final EIR pp. XI-Y-XI-2 & XVI-62-XV168.) k. Final EIR project alternative A-1 is the most environmentally superior alternative, other than the no project alternative. The only other more environmentally superior alternative, the no project alternative, is found infeasible for the same economic, social and other considerations set forth above in subparagraph j. (Evidence: Exhibit B; Testimony at December 3, 1991 Board of Supervisors hearing; Final EIR pp. XI-1 XI-2 & XVI-62-~XVl'-68, & ch. XV. J 3. The Board of Supervisors hereby adopts the CEQf4 reporting and monitoring program as set forth at pages II-2 to II 3 of the Final EIR. The County Planning Director, or designee, is hereby directed to carry out and implement this reporting and monitoring program. This reporting and monitoring program will be further enhanced and implemented by the County monitoring and enforcement o,,~icer, financed in part by the applicant as required by Condition No. 2 of the conditions of approval. 4. On the basis of the evidence in the Final EIR, the Planning Department file in this matter, and evidence submitted at the Planning Commission and Board of Supervisors hearings on this matter, the Board of Supervisors finds and determines that (a} the proposed uses of the Green Rock Quarry property as approved by this resolution, and subject to the conditions of approval in Exhibit A, will not impair the integrity and character of the zone in which the land lies, (b) the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, we fare and safety of Butte County, and (c) the use is consistent with the Butte Caunty General Plan. S. The Board of Supervisors hereby upholds the appeal of Green Rock Quarry (Roger - (- 679018012392 GreenJ, and reverses the decision of the Planning Commission. The use permit and mining permit for the Green Rock Quarry (Final EIR project alternative A-1) are hereby approved, subject to and as modified by the conditions of approval set forth on Exhibit A and the mitigation measures set forth in Table II of the Final EIR. If there are any inconsistencies between the mitigation measures in Table II and the conditions of approval in Exhibit A, Exhibit A shall govern. The County Planning Director, or designee, is hereby directed to prepare and issue the use permit/mining permit to the applicant. The use permit/ mining permit shall take e,,~`ect only if approved and signed by the applicant as required by Butte County Code section 24-48.6. The effective date of the use permit/mining permit shall be the same date as the date of this resolution. 6. The Board of Supervisors also hereby approves the reclamation plan dated January 24, 1992, as supplemented by the letter dated March 23, 1992 front the applicant's engineer, Dan J. Cook, and subject to the applicant's preparation of a slope stability analysis and a revegetation plan, both in a form acceptable to the State Division of Mines and Geology, within 60 days from the date of this resolution. Compliance with the approved reclamation plan is hereby made a condition of the approval of the use permit/mining permit. 7. The County Planning Director, or designee, is hereby authorized and directed to prepare and file with the Butte County Clerk and the State O„~ice of Planning and Research an appropriate CEQA notice of determination, and to send the notice to any person who has filed a written request for notices of determination with the County. As a condition of the filing of the notice of determination, the applicant shall pay the Department of Fish and Game filing fee of $850, plus any County Clerk handling fee. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte on this 24th day of March, 1992, by the following vote: AYES: Supervisors ~1cInturf, Moux, Sul ton, McLaughl i n and Chair Do7 an NOES: None -'7 - 6790/R012392 ABSTAIN.• Non e ABSENT.• PJone Attest: By: ~ Clerk aft Baard of Supervisors By: DOL~YV, CHAIRMAN County Board of Supervisors --8- 6740/ROi2392 GREEN ROCK QUARRY PROPOSED CONDITIONS OF APPROVAL 'Dine Period for Permit 1. The Expiration of the use permit will be December 31, 1.999. Monitoring and Enforcement Officer(s) 2. The applicant shall enter into a funding agreement with the County of Butte to finance a portion of the costs of monitoring this project. The agreement shall require the applicant to submit a cash deposit of $7,500.00 to cover the costs of the time and expenses of the Monitoring and Enforcement Officer{s) as necessary to monitor and enforce the conditions of approval of the project. The County will submit periodic invoices showing the time and expenses, and will deduct the total amounts from the amount on deposit, and will require the periodic replenishment of the deposit amount. The agreement shall be in a form acceptable to, and executed by the Butte County Administrative Officer(s). 3. Monitoring of all operations and reclamation activities shall be done by an appropriately assigned Monitoring and Enforcement Officer(s) and the BCAPCO. Site monitoring shall occur at the discretion of the Board of Supervisors or its designee. All verifications shall be performed by the County Administrative to the Development Service Department or any other department deemed appropriate. The monitoring and Enforcement Officer{s) shall cause any offending operations to cease immediately until such time as the operations are in compliance with the mitigation measures and/ar conditions. Reclamation Performance Sond 4. A reclamation performance band shall be posted by the Applicant by May 2, 1992. The amount of this bond shall be sufficient to pay the Actual cost of reclamation of the quarry site at any point during the life of this use permit, in accordance with the applicant's Reclamation Plan dated January 24,1992, as revised and finally approved. Initially this bond shall be in the amount of $90,000.00, plus the sum of $6,000.00 per month until the band reaches the sum of $150,000.00. At such time, the Applicant may submit cost estimates for the reclamation work based on the actual size of the exposed quarry area at that time, together with a request to adjust the amount of the bond. The Board of Supervisors shall then consider the applicant's cost estimates and other evidence as may be made available at that time and set the amount of the reclamation bond. The Board of Supervisors may adjust the amount of the bond as deemed appropriate by the Board. The bond may be in an amount lower than, equal to ar higher than the $150,000.00 amount. As reclamation takes place and the amount on deposit exceeds the amount needed to reclaim the mined area, The Board of Supervisors shall consider adjusting the reclamation bond amount. 1 5. The reclamation bond may either be posted by a recognized surety company or may be posted by the Applicant in cash or equivalent. If posted as a cash deposit, the Applicant may choose the manner in which such funds shall be held subject to the approval of the Chief Administrative Officer(s), provided that such funds shall be in an insured account with a financial institution subject to specific instructions providing that such funds may not be withdrawn except by joint instructions from the Applicant and the county, or upon a determination by the county that the Applicant has abandoned the quarry site without completing required reclamation. All interest accruing to such funds shall be added to the amount of the reclamation bond, and shall be included in determining the amount of funds on deposit and available for reclamation. Upon completion of the reclamation in accordance with the Reclamation Plan as approved with this Use Permit, all funds on deposit as this reclamation performance bond shall be returned to the Applicant, including accrued interest, no later than ten (10) days after certification by the county that such work has been satisfactorily completed. Extractions and Reclamation Procedures 6. Extraction and Reclamation shall proceed in the order and according to the cell identification shown in Figure 6 of the Applicant's Reclamation Plan dated January 24, 1992, as modified and finally approved. It is the desire of the Board of Supervisors that extraction and reclamation of cells MOI-A, MOI-B, and MOT-C be completed at the earliest possible date to mitigate any adverse environmental impact on the aesthetic beauty of Table Mountain. Consequently, the Board has established specific time limits within which the extraction and reclamation of these cells shall be accomplished, as set forth below. Cell Extraction Reclamation MOI-A Completed June 30, 1993 Commence July 1, 1993 Completed January 1, 1994 MOI-B Completed December 31, 1993 Commence January 1, 1994 Completed July 1, 1994 MOI-C Completed June 30, 1994 Commence July 1, 1994 Completed December 31, 1994 7. Although the order of extraction and reclamation of the remaining cells shall be as described below, the time for completion of extraction of any given cell cannot be fixed in advance because it depends upon the amount of material available in a particular cell, as well as the demands of customers of the quarry. Consequently, extraction and reclamation of these remaining cells (except MOI-A, MOI-B, and MOI-C) shall proceed in the order indicated in the Reclamation Plan, but may continue until completed regardless of the time required, subject to the time limits of the permit. Nevertheless, excavation shall not be commenced in the first of these 2 cells, Cell E-5, until reclamation of MOI-A and MOI-B has been completed. Thereafter, excavation and reclamation shall continue in the order specified in the Reclamation Plan (E-1, E-b, E-7, E-8, E-9, E-10, E-11, E-12, E-13 and E-14), with no more than three such cells being exposed at any point in time. 8. The operator shall have surveyed and marked with steel stakes or posts the boundaries of all cells in which any extraction or reclamation is in progress, as shown on Figure b to the Reclamation Plan. 9. The Rock plant and crusher are to be located in Reclamation cells identified as R- 15, R-1 or R-5 as shown on the map :identified as the "Revised Extraction/Reclamation Plan" attached as Figure 6 to the Reclamation Plan dated January 24, 1992. Air Quality Control 10. Dust created by any excavation, hauling, crushing, screening or other operations incidental to the quarry processes shall be kept within tolerances established and approved by the Butte County Air Pollution Control Officer (BCAPCO). This shall include, but nvt be limited to, a watering and/or misting system to be in place at the quarry site by May 15, 1992 with a water supply sufficient to control dust at the quarry face, crusher and conveyors sites and for any other operations deemed appropriate by the BCAPCO. Hours of Operation 11. 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 projection does not include use of the office in the evening for paper work. The Monitoring and Enforcement Officer{s)s may, with the Board of Supervisors approval, modify the hours of operation in the case of emergency or natural disaster and when the public health, safety and welfare require the products of the operation. Cojnpliance with Reclamation Plan 12. 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 b of the Reclamation Plan dated January 24, 1992.) 13. Except as modified by these conditions, the Applicant shall comply with all requirements of the Reclamation Plan dated January 24, 1992, as finally modified and approved by the Board of Supervisors. 3 Use of Explosives 14. Use of explosives shall be limited to Tuesdays, Wednesdays and Thursdays, on alternate weeks, between 10:00 a.m. and 3:00 p.m. Prior notification shall be made to the Monitoring and Enforcement Officers} on each occasion and to homes or residences within one (1) mile of the quarry site. 15. Use of explosives shall not take place at locations where there is a direct line of sight to residential dwellings. Natural topography, stockpiled aggregate or walls of the mine could serve as effective noise barriers. 16. Use of explosives shall take place as far away from the existing residential dwellings as is practical. 1"~. Explosive charges shall be limited to the smallest size necessary, but not to exceed 600 ibs. 18. The conditions for use of explosives shall be implemented using professional methods such as those used during the demonstration blastin and monitored to satisfaction of the Butte County Public Works Department monitoring and enforcement officers}. Other Conditions 19. Butte County Real and Personal Property Taxes to be kept current. 20. Prior to any moving or removal of material, the applicant shall commit to a program for the collection and recording of water quality information. Samples shall be collected from surface and groundwaters in the area and tested for standard mineral or common chemical content, including Calcium, Magnesium, Sodium, and Potassium, as well as Carbonate, Bicarbonate, Chloride, Sulfate, Nitrate and Boron. Samples also shall be tested for the presence of toxic heavy metals. This program will be developed to the satisfaction of the Butte County Public Works Department and Butte County Environmental Health Department. 21. Obtain any necessary streambed alteration permits consistent with Section 1603 of the California Fish and Game Code. 22. Prior to approval of emissions and dust control permits, the applicant shall implement 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 Butte County APCD, and shall operate under an APCD permit. 4 b. All equipment shall be inspected regularly by the APCD and shall be maintained to proper specifications. c. All soils stockpiled for future reclamation shall be protected from wind erasion by planting or other covering. d. All exposed surfaces shall be watered periodically to control dust. If CalTrans does not construct an interchange or other improvements at State Highways 70 and 149 by January 1, 1995 then the applicant shall comply with Conditions #23, 24, 25 And 26 by January 1, 199b. 23. Pave shoulders for initial 200 feet of SR 149 at the intersection with SR 70. 24. Install left turn storage lane far southbound traffic on SR 70 turning east onto Table Mountain Blvd. 25. Mall right turn and deceleration lane on SR 70 northbound turning east onto Table Mountain Blvd. 26. Provide an acceleration and merging lane for traffic turning north onto SR 70 from Table Mountain Blvd. Because the quarry expansion contributes to, but does not solely create the need for roadway improvements, the project applicant should contribute to funding roadway improvements in proportion to the actual impact realized. Estimates of traffic growth and trips generated are subject to the limits of available data, and funding for improvements shall be tied to the impacts actually created. Applicant contributions should be fair-share allocation consistent with projected roadway capacity and level of service, with accounting for, and contributions from other system users. These allocations and the implementation of this mitigation measure shall be fulfilled to the satisfaction of the Butte County Public Works Dept. 27. An annual compliance report covering all conditions and mitigation measures shall be prepared by the applicant's qualified consultants} and submitted to the Butte County Planning Department for distribution to the appropriate agencies. 28. Provide sanitary facilities, and potable water for employees with approved sewage disposal by the Butte County Environmental Health Department. 29. Prior to any moving or removal of material, geotechnical and civil engineering design investigations shall be conducted for the proposed quarry expansion. These investigations shall be conducted by a licensed civil engineer and a certified engineering geologist. The purposes of these investigations shall be to: a. Explore and evaluate soil, stability conditions. 5 b. Provide quantitative data defining the horizontal and vertical extent of resource reserves. c. Provide specific engineering criteria for the proposed slope face design and its boundaries. d. Evaluate site slope stability under static and earthquake conditions. 30. Obtain any necessary California Water right permits. 31. Prior to any moving or removal of material in Extraction Cells b through 14, the applicant shall determine specific mitigation measures (in cooperation with U.S. Fish and Wildlife Service (USFWS} for the loss of potential VELB habitat. Specific USFWS requirements for mitigation probably will include the fallowing: a. Surveys for elderberry plants by a qualified biologist to specifically identify potential VELB habitat. b. Flagging and fencing ar identified plants to avoid disturbance. c. Possible removal and replanting of the plants, with accompanying reseeding, in an area designated as wildlife preserve if deemed necessary by the qualified biologist. These practices shall be developed to the satisfaction of the Butte County Planning Department. /dh 5