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HomeMy WebLinkAbout#16-08 2016-06-30 RESO CERTIFYING RECLAMATION COMPLETE #91-04-0029, EXPIRING UP 80-74 & RECLAMATION PLAN RP 80-74RESOLUTION NO. PC16-08 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION CERTIFYING THAT RECLAMATION IS COMPLETE FOR THE PENTZ AGGREGATES MINE (CA MINE ID# 91-04-0029) AND EXPIRING USE PERMIT (UP 80-74) AND RECLAMATION PLAN (RP 80-74) WHEREAS, the Planning Commission has considered evidence, in accordance with Chapter 13, Article 2, Surface Mining and Reclamation, that reclamation has been completed for the Pentz Aggregates Mine, which is a mine site located in Butte County on Assessor's Parcel Number 041-720- 001 & 041-720-002; and WHEREAS, pursuant to Butte County Code Section 13-120(c), lands disturbed by surface mining for which reclamation according to the approved Reclamation Plan has been certified complete by the Department of Development Services, and with the written concurrence by the Department of Conservation, shall no longer be subject to mining without approval of a new mining permit and reclamation plan. WHEREAS, the proposed activities are not considered a project, pursuant to Section 15060(c) and 15378 of the California Environmental Quality Act; and WHEREAS, said project was referred to affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on June 30, 2016; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Certify that reclamation has been completed in accordance with the approved Reclamation Plan, subject to the following findings: A. Pursuant to Section 13-120(a) of the Butte County Code, the operator of Pentz Aggregates Mine (Sayegh Brothers, Inc.) notified the Development Services Department in 2015 that mining activities have ceased and reclamation of the mine site was complete. B. A representative of the Development Services Department performed an inspection of the mine site on May 15, 2015. C. The Development Services Department prepared a Final Mine Inspection Report for the Pentz Aggregates Mine on January 4, 2016 concluded that reclamation has been completed, pursuant to Public Resources Code Section 2773.1(c) and Title 14 California Code of Regulations (CCR), Section 3805.5. The Final Mine Inspection Report noted that reclamation was completed in accordance with the approved Reclamation Plan (RP 80-74), and that the mine site was returned to agricultural grazing lands. D. The Final Mine Inspection Report also noted that Pentz Aggregates Mine did not have any outstanding reclamation liabilities, and that the Development Services Department recommends the Director of the Department of Conservation authorize the release of the existing financial assurance bond. E. In accordance with Title 14 California Code of Regulations, Section 3805.5(b), the Department of Conservation prepared a letter dated March 17, 2016 indicating concurrence with the findings of the Development Services Department, and that the lead agency may release the financial assurances for the Pentz Aggregates Mine in accordance with PRC Section 2773.1. III. Expires Mining Use Permit (UP 80-74) and Reclamation Plan (RP 80-74), subject to the following findings: A. Pursuant to BCC 13-120(e), the existing entitlements for the Pentz Aggregates Mine, including Mining Use Permit UP 80-74 and Reclamation Plan RP 80-74 are expired. B. Future surface mining activities within the mining area would require approval of a Conditional Use Permit, Mining Permit, and Reclamation Plan, in accordance with the provision outline in Chapter 13, Article 2 of BCC. DULY PASSED AND ADOPTED this 30" Day of June, 2016, by the following vote: AYES: Commissioners Donati, Grundmann, and Kennedy NOES: None ABSENT: Commissioners Chase and John ABSTAIN: None / r 6 (i: r � Mary Kenne'ily, Chair Planning Commission County of Butte, State of California A EST: i McMillan, Secret Pl ing Commission ounty of Butte, State of California EXHIBIT A Tentative Parcel May for Brian Airehart (Kromer) on APN 042-770-032; File # TPM14-0005: An application for a Tentative Parcel Map to divide two existing parcels totaling 12.69 acres into four lots: 5.19 acres (Lot 1), 2.5 acres (Lot 2), 2.5 acres (Lot 3), and 2.5 acres (Lot 4). I. CONDITIONS OF APPROVAL: Mitization Measure #1 (Construction Air Emissions) The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third -party contractors during construction activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations. Diesel PM Exhaust from Construction Equipment and Commercial On -Road Vehicles Greater than 10,000 Pounds • All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five minute idling limit. • Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited. • All construction equipment shall be maintained in proper tune according to the manufacturer's specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work. • Install diesel particulate filters or implement other CARB-verified diesel emission control strategies. • Shall not operate a diesel -fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted areas. • To the extent feasible, truck trips shall be scheduled during non -peak hours to reduce perk hour emissions. Operational TAC Emissions All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm). • Stationary sources shall comply with applicable District rules and regulations. Fugitive Dust Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District's "Nuisance" and "Fugitive Dust" Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. An adequate water supply source must be identified. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method will be used. • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that will be reworked at dates greater than one month after initial grading should be sown with a fast -germinating non-invasive grass seed and watered until vegetation is established. • All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality Management District. • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local regulations. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. • Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from the project. All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area. Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure #2 (Migratory Birds -Western Burrowing Owl) If project construction activities occur during the nesting season for birds protected under the Migratory Bird Treaty Act (META) and California Department Fish & Game Code (CDFC) (approximately March 1 — August 31), the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of proposed construction. At least two surveys shall be conducted no more than 15 days prior to the initiation of construction activities. Each survey shall be separated by 5 days. In the event that nesting raptors or birds protected by CDFC and MBTA are found in or within the footprint of proposed construction, the project proponent shall: 1. Locate and map the location of the nest site; 2. Establish a 250 feet no -disturbance buffer around all active nests; in the event bald eagles are found nesting in the survey area, a 1,000 foot no disturbance buffer shall be established; 3. Within 2 working days of the surveys, prepare a report and submit to the County. The report will include the results of surveys, location(s) of nests, and location of no disturbance buffers; 4. On-going weekly surveys shall be conducted to ensure that the no disturbance buffer is maintained; 5. Construction can resume when a qualified biologist has confirmed that the nest is no longer active. Plan Requirements: Perform protocol -level surveys for migratory birds protected by the California Department Fish & Game Code and the Migratory Bird Treaty Act. This measure shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned to occur during nesting seasons for CDFC and MBTA species (between March 1 and August 31). Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of construction activities. Mitigation Measure #3 (Cultural Resources) Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: "Should grading activities reveal the presence of prehistoric or historic 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 until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains." The provisions of this note shall be followed during construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains. Mitigation Measure #4 (Greenhouse Gas Emissions): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: To the extent feasible, the developer shall implement the following measures at the time of development to offset the anticipated contribution of greenhouse gas emissions from residential development: Support expansion of renewable ene= systems • Prewire all new residential development to support photovoltaic system installation. Support efficiency in vehicles and landscaping equipment • Install electrical vehicle outlets on external walls or in garages in all new residential development. Improve fuel efficiency of equipment during construction -related activities • Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minute. • Use clean or alternative fuel equipment Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Shall be implemented prior to issuance of building permits for residential development. Construction - related measures shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Planning Division will ensure that future residential development includes the applicable measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on- site. Plannine Division, Department of Development Services 1. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a CEQA Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). 2. All exterior lighting on the project site shall comply with Chapter 24, Section 67 of the Butte County Code, Outdoor Lighting Standards. Exterior lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way. Flashing, flickering, or other lighting that is distracting or may be confused with traffic or emergency signals shall be prohibited. 3. Prior to recordation of the Parcel Map, pay any outstanding project -related processing fees. 4. The property owner shall record an Avigation Easement/Notice of Proximity of Airport, associated with the Chico Municipal Airport. 5. Prior to recordation of the Parcel Map, the property owner shall record a declaration acknowledging the right to farm, pursuant to Chapter 35 of the Butte County Code (Agricultural Statement of Acknowledgement). 6. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet that states: "A Declaration of Acknowledgement Right to Farm (Agricultural Statement of Acknowledgement) has been recorded on the parcels." 7. Place a note on the Parcel Map or additional map sheet stating: "Residential dwelling setbacks from adjacent active orchards shall be 50 feet along the westerly property line on Lot 1. If the existing agricultural use (orchards) have been removed permanently, the residential dwelling setback shall be consistent with current zoning." Land Develoament Division. Deaartment of Public Works 8. Prior to recordation of the parcel map, provide a fully executed road maintenance agreement for all non - publicly maintained access roads on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it." 9. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the parcel map. Place the following note on the parcel map: "gRproved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte." 10. Prior to recordation of the parcel map, deed to Butte County in fee simple 30 feet of right-of-way from the physical centerline of Bell Road along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. 11. Prior to recordation of the parcel map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the County Address Coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the parcel map. A minimum of five alternate names for each new street shall be submitted. 12. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non - publicly maintained access roads, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs, in accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." 13. Prior to recordation of the Parcel Map, submit road and drainage improvement plans to the Land Development Division for the installation of a standard S -18B road approach in accordance with county improvement standards. Obtain an encroachment permit and construct the road approach prior to recordation of the parcel map. Adequate sight distance at the intersection of access road and shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 14. Provide a cul-de-sac designed and constructed as specified in the county improvement standards. The parcel map shall show the cul-de-sac. 15. Prior to recordation of the parcel map, provide approved access to each parcel being created. Construct or provide a performance, labor and material bond for construction of interior road in conformance with county improvement standard RS -8 LDIII, 20 -feet wide with 4" of CL II aggregate base and single sealcoat. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 16. Prior to recordation of the parcel map, drainage plans and calculation shall be submitted to and approved by the Department of Public Works. Engineering plans shall detail existing drainage conditions and specify how storm water runoff will be either detained or retained onsite and/or conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the property. If storm drainage facilities serve new public roads, the developer must complete the formation of a county service area (CSA), zone of benefit within a permanent road division (PRD), or other Department of Public Works approved entity prior to recordation of the parcel map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and agree to an annual maximum service charge to ensure continued operation of the facilities. 17. Prior to final improvement inspection by the Department of Public Works, all new drain inlets shall be labeled with the county approved drain marker per county standard S-40. Improvement plans shall show and/or note the requirements for labeling inlets pursuant to county standard S-40. 18. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. The permit must be obtained from the State Water Resources Control Board prior to construction. If a construction storm water permit is required, place a note on an additional map sheet that states: "The development of this parcel map requires a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s)." 19. Show all easements of record on the Parcel Map. 20. Prior to recordation of the Parcel Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 21. Pay the recording fees in effect at the time the Parcel Map and related documents are recorded. Butte County Fire Department/Cal Fire 22. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations — Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 23. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. 24. Place a note on a separate document, which is to be recorded concurrently with the Parcel map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter." 25. At the time of development, the developer will install an automatic fire sprinkler system in all new residential structures in accordance with the National Fire Protection Association standard for the installation of sprinkler system in one and two family dwellings and mobile homes (NFPA Standard 13D). Environmental Health Division, Public Health Department: 26. The applicant shall record a note on the Parcel Map or on an additional map sheet stating: "Reports that may have been conditions of approval on the tentative map and a list of current county requirements for building site are on file and available for review in the Butte County Department of Development Service and Butte County Public Health Department Environmental Health Division files." IL NOTATION A. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. 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.