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Table Mountain Quarry 2013 Annual Compliance Report_123113.pdf
Table Mt Cvr Ltr‐2014.docx 1 Sespe Consulting, Inc. 468 Poli Street, Suite 2E • Ventura, CA 93001 Office (805) 275‐1515 • Fax (805) 667‐8104 April 1, 2014 Chris Thomas, Senior Planner Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Re: Triangle Rock Products Table Mountain Quarry MP RP 04‐01, Annual Compliance Report Dear Mr. Thomas Please find attached the annual compliance report prepared for the Triangle Rock Products, Table Mountain Quarry as required by MP and RP 04‐01 Condition # 16. The site visit was completed on July 15, 2013 however the report finalization was delayed for internal reasons. We have included two hard copies and one electronic copy. If you would like additional copies, please do not hesitate to contact me. Please feel free to call me at 805‐275‐1515 or Steve Grace at 831‐771‐9958 if you have any questions or would like to discuss any of the contents of the report. Sincerely, John A. Hecht, P.E. President SESPE Consulting Inc. Cc: Steve Grace, (electronic) Sean Borck, (hardcopy) 468 Poli Street, Suite 2E • Ventura, California 93001 Sespe Consulting, Inc. TABLE MOUNTAIN QUARRY ANNUAL COMPLIANCE REPORT Vulcan Materials Company Triangle Rock Products ‐ Table Mountain Quarry Oroville, California December 31, 2013 Prepared by: John A. Hecht, P.E. President Sespe Consulting, Inc. 468 Poli Street, Suite 2E Ventura, CA 93001 805‐275‐1515 Prepared for: Butte County 25 County Center Drive Oroville, CA 95965 468 Poli Street, Suite 2E • Ventura, CA 93001 Office (805) 275‐1515 • Fax (805) 667‐8104 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc i Sespe Consulting, Inc. ANNUAL COMPLIANCE REPORT Table Mountain Quarry Oroville, CA December 31, 2013 TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................................................... 1 2.0 SITE VISIT ................................................................................................................................. 2 3.0 REVIEW OF CONDITIONS OF APPROVAL, INCLUDING MITIGATION MEASURES ......................... 2 APPENDICES 1. Mining Permit 2. John Hecht Resume 3. Surety Bond and Financial Assurance Cost Estimate 4. Paid Cancellation Fee for the Williamson Act 5. Certification of Training 6. Department of Conservation Letter 7. Copy of Air Permit 8. Copy of Check to Public Works 9. Tree Plan Reports 10. RDM Report 11‐22‐13 on Reclaimed area Sampling **Please note all appendices have not changed since 2011, hence they will not be attached with the exception of the Updated FACE and Surety Bond found in Appendix 3 and Appendix 10 which is new. VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 1 Sespe Consulting, Inc. ANNUAL COMPLIANCE REPORT Table Mountain Quarry Oroville, CA December 31, 2013 1.0 INTRODUCTION The Table Mountain Quarry (Project Site/Site) currently operates under Mining Permit and Reclamation Plan 04‐01 and Modification of Use Permit 96‐02 (UP 96‐02), which were approved by the Butte County Board of Supervisors on January 23, 2007. The Conditions of Approval and Mitigation Measures are included as APPENDIX 1 for ease of review. This Annual Compliance Report has been prepared to satisfy Condition 16 of the approved Conditions of Approval. Sespe Consulting, Inc. (“Sespe”), a qualified consultant, was retained by Vulcan to review the mining permit, perform a site inspection, and to prepare this annual compliance report. John Hecht, the primary site and file reviewer for Sespe has over 20‐years of construction materials experience, resume is attached as APPENDIX 2 of the 2011 report. Vulcan Materials Company (“Vulcan” also referred to herein as "Permittee") acquired the Table Mountain Quarry in 2008 from Martin Marietta Materials Inc. and operates the site under their wholly owned subsidiary Triangle Rock Products (TRP). TRP quarries the basalt material at the site and processes the material into many products. Most of the material sold leaves the site via rail as shown on the following picture. Figure 1 Rail Load‐out Operation Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 2 Sespe Consulting, Inc. 2.0 SITE VISIT A Site inspection was conducted on July 15, 2013 which included a review of condition pertinent files and site conditions. Sean Borck, Plant Manager, was available to answer questions and conducted the site tour. Each Condition of Approval and Mitigation Measure was reviewed and discussed. Additionally a plant site and quarry inspection was conducted the same day. Site photos are available upon request. 3.0 REVIEW OF CONDITIONS OF APPROVAL, INCLUDING MITIGATION MEASURES The following Conditions of Approval apply to the Project. All references herein to “Permittee” are defined to include the "Permittee, or successor(s) in interest." TRP is considered a Successor in Interest since acquiring the plant, mineral lease, and permits from Martin Marietta Materials Inc. in 2008. Conditions of Approval are summarized below in their numerical order and by County Agency. Planning Division Conditions Condition 1: The expiration of the Use Permit 96‐02 will be December 31, 2029. Comment: The permitted term of UP 96‐02 provides for approximately 18 more years of mining and processing. Condition 2: All mining, processing, development and reclamation related activities shall be in substantial compliance with the approved Mining Permit and Reclamation Plan and Modified Use Permit, and shall conform to the representations depicted and the information provided in the approved Reclamation Plan and the related Plan Sheets, which include: Plan Sheet 1 – Mining and Reclamation Plan, which provides a topographical survey with the existing and proposed mining facilities, existing groundwater monitoring wells and the proposed expansion area. Plan Sheet 2 – Cross Sections, which provides two section views depicting the proposed high wall elevations, benching and finish grade relative to the existing ground. Plan Sheet 3 – Finished Reclamation Contours, which provides a topographical survey depicting the final grading of the site relative to the existing (undisturbed) contours of the surrounding land area. Plan Sheet 4 L‐1 – Revegetation Plan, which provides a topographical survey delineating locations of specific revegetation methods, including the planting list, planting notes and planting details. Plan Sheet 5 – Aerial Site Plan, which provides an aerial photo of the Table Mountain Quarry area with existing facilities. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 3 Sespe Consulting, Inc. Comment: Based on the site inspection and most recent County SMARA inspection mining, processing, development and reclamation related activities are in compliance with the approved Mining Permit and Reclamation Plan and Modification of UP 96‐02, and conform to the representations depicted in the approved Plan Sheets of the approved Reclamation Plan. Condition 3: Annual inspection of the mine shall be conducted in accordance with the requirements of California Surface Mining and Reclamation Act of 1975 (SMARA), as amended. All applicable inspection fees shall be paid in accordance with adopted rates. Comment: The annual inspection of the mine was conducted by Butte County on July 15, 2013 in accordance with the requirements of SMARA. All applicable inspection fees were paid in accordance with Butte County’s and the State’s adopted rates. Condition 4: A bond or other form of acceptable security shall be established for the purposes of fulfilling the financial assurance requirements of SMARA, in the amount approved annually by the County. Said security shall be made payable as follows: “Chair, Butte County Board of Supervisors or the Department of Conservation.” All securities shall comply as to form and content with the latest financial assurance guidelines provided by the Department of Conservation. This amount shall be reviewed annually by the County pursuant to the requirements of SMARA, as amended. Comment: A reclamation surety bond (included in APPENDIX 3) was established for the purposes of fulfilling the financial assurance requirements of SMARA, in the amount approved annually by the County. The approved Financial Assurance Cost Estimate is included as APPENDIX 3. The bond complies as to form and content with the latest financial assurance guidelines provided by the Department of Conservation and is payable as follows: “Chair, Butte County Board of Supervisors or the Department of Conservation”. The amount of the reclamation bond is reviewed annually by Butte County. Condition 5: Prior to the Permittee commencing mining related activities within the 44± acres expansion area, the Butte County Board of Supervisors must first adopt the findings necessary to cancel the existing Williamson Act contract and the landowner must pay the required cancellation fee and satisfy any Board conditions. Upon satisfaction of the requirements of this condition, no conflict will exist with the requirements of the Williamson Act. Comment: The Butte County Board of Supervisors adopted the findings (August, 10th, 2006) necessary to cancel the existing Williamson Act contract and the landowner paid the required cancellation fee on 1‐17‐07, which is included in APPENDIX 4 of the 2011 Report. Condition 6: The operator shall have surveyed and marked with steel stakes or posts the boundaries of all areas in which any extraction or reclamation is in progress. Comment: Control has been established by a registered surveyor and the property boundaries have been staked. Figure 2 shows one of the property lines survey pins. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 4 Sespe Consulting, Inc. Figure 2 Property Boundary Survey Stakes Condition 7: Condition 7 was amended in May of 2010 to allow processing operations no more than 16 hours per every 24 hour/one day period as measured from 12:01 a.m. to 12:00 a.m. of the following day. Plant production is defined as processing, crushing or screening of materials. Maintenance and repair of equipment shall be allowed as necessary throughout the 24‐hour/one day period provided that the operator shall conduct said maintenance during daylight hours whenever feasible. Blasting of rock shall continue to be limited between the hours of 10 a.m. to 3:00 p.m. with notice as required by MIN 04‐01 Condition 8. Excavation and transport of blasted rock from the harvest area to the production plant shall be limited to between the hours of 5:00 a.m. and 9:00 p.m. Transport of materials off the project site by truck 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 does not include use of the office in the evening for paper work. Comment: The operation is in compliance with the condition. Condition 8: Blasting shall be limited to Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. The Directors of the Butte County Public Works Department and Development Services Department, Planning Division shall be notified 24‐hours in advance of blasting. Telephone notification shall be made one (1) hour in advance of blasting to any property owners within one (1) mile of the quarry site that have requested such notice in writing. Comment: During the inspection, blasting records were provided to show compliance with this condition. Condition 9: Use of explosives shall not take place at locations where there is a direct line of sight to residential dwellings without prior approval from the Directors of the Butte County Public Works Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 5 Sespe Consulting, Inc. Department and Development Services Department, Planning Division to ensure adequate safeguards are in place to protect the public interest. Comment: Blasting has occurred out of the site path of residential dwellings. Condition 10: Use of explosives shall take place as far away from the existing residential dwellings as is practical. Comment: In compliance. Condition 11: Explosive charges shall be limited to the smallest size necessary. Blasting operations shall be performed in compliance with applicable Federal Bureau of Mines Guidelines. Blasting shall be conducted such that the maximum peak particle velocity shall not exceed one (1) inch per second at the location of any dwelling, public building, school, church or commercial or institutional building. Peak particle velocities shall be measured in three (3) mutually perpendicular directions. The maximum peak particle velocity shall be the largest of any of the three measurements. Comment: TRP’s blasting contractor is aware of this condition and documents the size of the explosives on the blasting report. Figure 3 is a picture of the seismograph used to monitor each blast. TRP has copies of all blasting reports going back to 2006. These reports are located on‐site and available for review. Figure 3 Seismograph Condition 12: The conditions for the use of explosives shall be implemented in accordance with the best management practices customary to the industry and making use of the most advanced proven technology applicable to the process and situation. Blasting shall be monitored to the satisfaction of Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 6 Sespe Consulting, Inc. the Directors of the Butte County Public Works Department, the Development Services Department and the Planning Division and enforcement officer(s). Comment: The County inspects the operation annually and no complaint has been made regarding the implementation of the blasting program. Condition 13: A blasting log, with all relevant information, shall be maintained for each blast and be made available for review upon demand by the appropriate regulatory agencies, including the United States Department of Alcohol, Tobacco and Firearms (ATF), the United States Department of Labor – Mine Safety and Health Administration (MSHA), the Directors of the Butte County Public Works Department and Development Services Department, Planning Division, and enforcement officer(s). Comment: The blasting log was reviewed at the time of inspection and relevant information is included. Condition 14: A fast growing species of tree is to be planted, and maintained in a living condition, on the quarry site adjacent to the Union Pacific Railroad right‐of‐way main line within Extraction Cells MOI‐C and E1, as shown on Figure 6 of the Reclamation Plan dated January 24, 1992. Comment: Redwoods and other fast growing trees have been planted and maintained along the right‐ of‐way main line, as shown in the following Figures 4 from 2013 and 5 from 2012. The 2013 photo shows that several of the trees are in poor health or have died. In the previous report we recommended that these trees be replaced; that recommendation remains. Site personnel indicated that they would be planting the trees this summer/fall. Figure 4 Trees Planted Along Mitigation Berm 2013 Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 7 Sespe Consulting, Inc. Figure 5 Looking East along Mitigation Berm 2012 Condition 15: Prior to any moving and removal of material, the Permittee shall commit to a program for the collection and recording of water quality information. The Permittee shall meet all requirements under Regional Water Quality Control Board’s Waste Discharge Permit Order #93‐169. Comment: Sampling results were reviewed as well as correspondence with the Regional Board; the project is in compliance with the requirements of the order. Condition 16: An annual compliance report covering all conditions and mitigation measures shall be prepared by the Permittee’s qualified consultant(s) and submitted to the Butte County Planning Department for distribution to the appropriate agencies. Comment: This report satisfies this condition. Condition 17: The Permittee shall incorporate a stockpile topsoil protection program that shall consist of mulching, matting, hydro‐seeding, lining the mounds, or constructing an earthen barrier to surround the mounds and straw‐mulching the barrier, until the soil is to be used for reclamation purposes. Any one or combination of these processes may be used. If an earthen barrier without straw‐mulching is used, the perimeter of the mounds shall be lined with bales of straw for sediment control. Comment: TRP has implemented a very progressive reclamation program. The fine material wasted from the processing plant is dried and amended to create excellent topsoil for reclamation. The following Figures 6 and 7 show the process of making the topsoil and a finished reclamation slope. When the slopes are seeded straw mulch is spread over the seeded area to ensure stability and seed generation. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 8 Sespe Consulting, Inc. Figure 6 Crusher "Fines" Being Reclaimed as Topsoil for Slope Revegetation Figure 7 Reclaimed Slope 2013 Condition 18: Prior to any development activity, including but not limited to activities such as vegetation removal, grading, road construction, mining, or other soil disturbance, the Permittee shall have a qualified archeologist instruct company personnel on identification of archaeological resources and the company's responsibility if such resources are uncovered during excavation. The Permittee shall submit, to the Planning Director, written certification of completion of this training. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 9 Sespe Consulting, Inc. Should development activities within the proposed mining area reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall immediately cease activities and a qualified professional archaeologist shall be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be immediately notified—pursuant to State law—to arrange for Native American participation in determining the disposition of the remains. If the County Coroner determines the remains are not in an archaeological context, the County Coroner and local law enforcement officials will determine their proper disposition. Comment: The Planning Director has been provided with written certification of completion of this training. A letter from Goldhills Consulting is attached as APPENDIX 5 in the 2011 Report. Condition 19: Permittee must comply with all other applicable State and local statutes, ordinances, and regulations. Comment: Based on this information reviewed in the inspection, TRP complies with state and federal regulations as applicable to this Conditional Use Permit. Condition 20: All exterior lighting shall be fully shielded and directed downward to prevent glare or excess light on adjacent parcels. Comment: The project is in compliance with this condition. Figure 8 shows the lights being shielded and pointed towards the ground. Figure 8 Picture Showing Lights Shielding and Direction Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 10 Sespe Consulting, Inc. Condition 21: Prior to issuance the Reclamation Plan shall be amended to comply with the provisions contained within the Department of Conservation’s July 31, 2006 letter as follows: 1) Specify that the amended reclamation plan applies to the entire mine operation, not just the expansion area; 2) Exclude the use of acorns in the hydroseed mix, since they will not germinate under these conditions, exclude the use of Lana woolypod vetch (Vicia villosa ssp.varia), an exotic species, from the seed mix, and replace it with a native legume species such as pygmy lupine (Lupinus bicolor); 3) Apply hydroseeding prior to the application of Jute not afterwards, otherwise the seed and mulch will be deposited on top of the jute rather than in contact with the soil, this will enhance seed germination and erosion control. Comment: This condition has been satisfied. Please see the letter from the Department of Conservation dated January 9, 2007 included as APPENDIX 6 in the 2011 Report. Condition 22: Once the 44‐acre new mining area located on top of North Table Mountain becomes operational, no further mining will be allowed within the cells located within Coal Canyon. The applicant waives the right to mine additional cells as permitted under the previous permit (that are located within Coal Canyon) at the time the new mining area becomes operational. Comment: Mining has ceased in the cells located within Coal Canyon and reclamation is complete, but still needs to be certified by OMR. Attached is a report from Foothill Associates dated November 22, 2014 that documents the status of reclamation activities within Coal Canyon. This report will be utilized to request certification from OMR. Condition 23: In the northeast corner of the Project, there are some blue oak trees (Quercus douglasii), most of which are believed to fall within the required 150 foot setback from the property line. Prior to any development activity, the Permittee shall demonstrate the location of said oaks to the satisfaction of the Planning Director. If blue oak trees are not found to be located within the Project areas to be disturbed, no further action is required of the Permittee. If blue oak trees are found to be located within the Project areas to be disturbed, the following shall be required: Prior to any development activity, including but not limited to activities such as vegetation removal, grading, road construction, mining, or other soil disturbance, a Tree Plan shall be prepared by a certified arborist, botanist or landscape architect and submitted to the Planning Division for review and approval. The Tree Plan shall: Be prepared by a certified arborist or Registered Professional Forester (RPF) to clearly mark and identify the existing trees in the vicinity of the new road construction. The Plan shall show which trees shall be removed and trees to be retained and the location of new plantings (see below). If any oak trees of 5 inches in diameter at breast height (or 4.5 ft.) are removed by construction activities, they must be replaced on site at a ratio of 3 to 1. The replacements must be seedling trees grown from acorns found on site and stored for purposes of planting. The seedling trees must be monitored by a certified arborist annually for 7 years once construction is completed to be certain at least 75% of the trees are surviving and established. The arborist shall provide annual reports concerning the replacement trees to the Planning Division for review. The arborist or RPF must work directly with the property owner, construction workers and Butte County Planning Division to be certain that trees not to be removed are protected. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 11 Sespe Consulting, Inc. Trees in the construction area deemed by the arborist or RPF to be unhealthy, diseased, or dead shall be removed. Each oak tree located in a construction zone shall be surrounded by a circular zone (following the drip line of the tree) identified by temporary construction fencing, such as orange plastic fencing or other suitable marking, prior to and during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area. Prior to any land disturbance, a county planner shall visit the project site to confirm protective fencing or marking is installed to keep construction vehicles confined to areas that will not impact existing oak trees. Prior to final inspection of construction, a county planner and the project arborist shall visit the project site. Pruning of the adjacent trees shall be supervised by a certified arborist or RPF, not by the grading or general contractor. Comment: All oak trees have been located and are being avoided by mining and processing operations. Foothill and Associates surveyed the oak trees and prepared an aerial photo and Tree Plan report on February 23, 2007. Several of the mapped trees have been impacted by mining operations. On December 9, 2010 Foothill Associates prepared a report titled ‘Oak Re‐ Planting at Table Mountain Quarry by Vulcan Materials’ to document compliance with the 2007 Tree Plan. This report was reviewed and demonstrates compliance with this condition. Both reports are included in APPENDIX 9 in the 2011 Report. Since these reports were generated, additional planting of an oak tree nursery was initiated in fall of 2011 on a north facing slope south of the office. Success was marginal in early 2012 Figure 9 shows one tree from the 2012 planting. Additional planting is planned for 2013. Figure 9 Shows Red Oak tree Planted in 2012 Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 12 Sespe Consulting, Inc. Fire Department Conditions Condition 24: Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County Codes, ordinances and regulations in effect at the time of application for improvement permits. Comment: All permits have been issued by the County and other pertinent agencies ; Vulcan is currently in compliance with all permits and conditions of approval. Condition 25: Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Comment: The building and site address is property posted. Environmental Health Department Conditions Condition 26: Provide sanitary facilities and potable water for employees with approved sewage disposal by the Butte County Environmental Health Department. Comment: Sanitary facilities and potable water is provided on site as allowed by the Butte County Environmental Health Department. Condition 27: The Permittee shall construct and maintain an adequate barrier and/or compound in which to use and store hazardous materials in order to prevent them from either infiltrating into the subsurface or running off site and posing a hazard to the nearby creek. The Permittee shall comply with all local, State and Federal requirements to the storage, use and disposal of hazardous materials. Comment: No hazardous materials are stored on‐site. Air Quality Management District Conditions Condition 28: An application shall be filed with the Butte County Air Quality Management District (AQMD) for Authority to Construct. Construction may not proceed until the Authority to Construct has been issued by the AQMD. Comment: The permit, No. TRP‐84‐01 is attached as APPENDIX 7 in the 2011 Report. Condition 29: An application shall be filed with the AQMD for a Permit to Operate. Operations may not proceed until the Permit to Operate has been issued by the AQMD. Comment: The project is in compliance with their Permit to Operate. Permits are maintained on‐ site. Condition 30: Fugitive dust created by any extraction, hauling, crushing, screening or other operation incidental to the quarry processes shall be kept within tolerances established and Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 13 Sespe Consulting, Inc. approved by the AQMD. This shall include, but not be limited to, a watering and/or misting system with a water supply sufficient to control fugitive dust at the quarry, crusher and conveyors sites and for any other operations deemed appropriate by the AQMD. Figure 10 Picture Showing Dust Mitigation Covers at Transfer Points Comment: TRP maintains the haul road to minimize any dust generation. Biodegradable agents are used to control dust. The plant is equipped with dust suppression covers at the transfer points and water is used to wash the material being processed. This greatly minimizes dust generation. TRP has not had any violations of their air permits since taking over operation of the site. Condition 31: The Permittee shall implement and maintain an air quality plan, which includes the following written, posted conditions on the mine site: a. All equipment shall use Best Available Control Technology (BACT), as defined by the AQMD, and shall operate under an AQMD permit. b. All equipment shall be inspected regularly by the AQMD and shall be maintained to proper specifications. c. All soils stockpiled for future reclamation shall be protected from wind erosion by planting or other covering. d. All exposed surfaces shall be watered periodically to control dust. Comment: AQMD requires water sprays for stationary processing equipment. The operation utilizes spray bars at all key transfer points to comply with this requirement. AQMD also has general requirements in place to control fugitive dust emissions such as wetting roads, stockpiles, etc. The project complies with this condition. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 14 Sespe Consulting, Inc. Department of Public Works Conditions Condition 32: Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to, and approved by, the Department of Public Works. The drainage plans shall specify how drainage shall be detained on site, and/or conveyed to the nearest natural or publicly maintained drainage channel or facility, and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Comment: The Stormwater Pollution Prevention Plan (SWPPP) dated May 2009 was reviewed and is in compliance with this condition. Condition 33: Heavily loaded vehicles traversing County roads cause increased wear, which increases maintenance costs. In order to compensate for the increased maintenance required, the project Applicant shall make a one‐time contribution of $21,000.00 to the Department of Public Works prior to Mining Permit issuance. Comment: This fee was paid on 01/17/07. A copy of the check is attached as APPENDIX 8 of the 2011 Report. California Regional Water Quality Control Board Conditions Condition 34: The Permittee shall prepare and submit a complete Report of Waste Discharge to the California Regional Water Quality Control Board (CRWQCB) in order for that agency to evaluate and update the Project’s Waste Discharge Requirement (WDR). In advance to constructing the rail spur, consult with the CRWQCB to determine whether it is necessary to first obtain a Construction Activity Storm Water Permit (Order 99‐08‐DWQ) from the State Water Resources Control Board.) Comment: The project has a current WDR for managing discharge to land of the site’s process water. The operator is in the process of trying to cancel the WDR for the site for a variety of operational reasons. In the past sediment laden wash water was discharged into lined ponds which were required by the WDR. With the recent installation of a large tank at the clarifier, which replaced the emergency overflow pond and the cleanup of all the standing water beneath the rock plant water is no longer discharged, except stormwater. Previous reports discussed the Rail spur construction project which is now complete. Condition 35: The Permittee shall construct and maintain the discharge pipe, constructed dispersal ditch, and berms, banks or other features necessary to direct discharged waters into the pasture and to ensure this water is kept out of California Water Service Company’s ditch(es) and any other surface waters, or otherwise comply with all requirements of the California State Regional Water Quality Control Board. Comment: The site drainage system was constructed and is continually being improved. Figure 11 shows a water quality swale constructed with the processing facility. These measures ensure that the water is kept out of the CWSC and other surface waterways. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 15 Sespe Consulting, Inc. Figure 11 . On‐site Siltation and Sedimentation Pond Condition 36: If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board’s appeal hearing. If the application is not appealed, this condition is deemed satisfied. Comment: The permit issuance was not appealed. Condition 37: Prior to issuance of the Mining Permit, pay any outstanding project‐related processing fees, and/or Department of Fish and Game fees. Comment: There no outstanding fees due to the County or the Department of Fish and Game per consultation with County Staff. Mitigation Measure Compliance Conditions 38 through 42 of the Board approved Conditions of Approval incorporate the Mitigation Measures contained in the Mitigated Negative Declaration (MND), which was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). This set of Conditions constitutes the Mitigation Monitoring and Reporting Program (MMRP) for the Project and were prepared in accordance with the provisions of Section 21081.6 of the California Public Resources Code, which requires public agencies to adopt a monitoring program of measures identified to mitigate or avoid the Project’s significant effects on the environments. The MMRP includes all of the Mitigation Measures contained in the Board adopted MND. In accordance with the provisions of Section 21081.6, these Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 16 Sespe Consulting, Inc. Mitigation Measures are included herein as Conditions of Approval to ensure their enforceability. The results of the MMRP are reported to the Development Services Department, Planning Division, which is responsible for maintaining the overall reporting files. A modification to the MMRP conditions can be made only if: 1) Butte County finds that the proposed condition modification does not result in a change in the MND conclusions and findings; or 2) a new environmental document is prepared to address the proposed modification. These MMRP Conditions require the permittee comply with any additional measures that may be required as part of the permitting process of state agencies and various Butte County agencies, most notably the Air Pollution Control District. These agencies were consulted during preparation of the MND and have been provided a copy. Each MMRP Condition includes an MND source reference. Condition 38 (Mitigation Measure GP‐1, MND Section 4.6): Previously unknown and unevaluated fault zones and lineaments may be encountered during pit excavation that could adversely affect slope stability. If encountered, and prior to further excavation of these areas, the Permittee shall evaluate whether such excavation will adversely affect slope stability. The Permittee shall submit the evaluation and its findings and recommendations to the Planning Director, who will determine what measures are to be taken, if any. Action Required: The Permittee shall ensure that field personnel are adequately trained to identify fault zones and lineaments during the course of excavation. Monitoring Schedule: Continuous during all site development activities. Responsible Party: The Permittee, or successor in interest, is responsible for implementing this Mitigation Measure and shall immediately notify the Planning Director of the discoveries of faults and lineaments. Monitoring Agency: The Butte County Development Services Department, Planning Division is responsible for agency coordinating of any slope stability evaluations submitted by the Permittee, and for determining what measures are to be taken, if any. Comment: The project blasting consultant, California Drilling and Blasting, continually monitors for new faulting. Since the quarry is still in development stages, no third party slope stability analysis has been required to date. Condition 39 (Mitigation Measure GP‐2, MND Section 4.6): The Ione Formation underlying the mining area is considered a critical area where instability is considered unacceptable. For this area, the Permittee shall ensure excavation is conducted in a manner that maintains a minimum 15‐foot deep cap of basalt across the entire floor of the mining pit to protect this critical area. In areas where the Permittee can demonstrate the potential for slumping of the Ione Formation soils is manageable, no protective cap is necessary. Action Required: The Permittee shall monitor excavation depths and report the findings pertaining to the protective cap to the Planning Director. Any changes in mining depth or excavation of the 15‐ foot protective cap require Planning Director approval. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 17 Sespe Consulting, Inc. Monitoring Schedule: Monitoring is expected to occur in phases and with increasing frequency as the mining pit nears its excavation limits. Upon the completion of each monitoring phase, the Permittee shall prepare a monitoring report and submit it to the Planning Director. Responsible Party: The Permittee, or successor in interest. Monitoring Agency: The Butte County Development Services Department, Planning Division is responsible for analyzing the monitoring reports. The Permittee shall bear any costs associated with hiring of an appropriate third‐party contractor to analyze Permittee reports and make recommendations to the Department of Development Services. Comment: Based on this inspection and discussions with Mr. Borck, the mining operations are staying above the 15‐foot limitation and depths/conditions are continually monitored. Condition 40 (Mitigation Measure GP‐3, MND Section 4.6): The Permittee shall exercise care to ensure that materials or personnel do not encroach upon slope areas during blasting of the active mining area. During the initial phases of blasting, the Permittee shall monitor the quarry and adjacent areas to identify if there are any deviations in the anticipated results. If deviations are noted, the Permittee shall immediately advise and consult with the Planning Director to determine whether there is a need to change the approved method of blasting. As blasting begins to encroach upon the lower levels of the quarry, the Permittee shall continually evaluate the blasting patterns to ensure the mined rock (i.e., the basalt cap required in Mitigation Measure GP‐2) is not fractured in a manner that will expose the Ione Formation to water infiltration. Action Required: The Permittee shall monitor blasting results and, if there are any deviations in the anticipated results, shall immediately advise and consult with the Planning Director to determine whether there is a need to change the approved method of blasting. Monitoring Schedule: A blasting report shall be prepared by the Permittee and submitted to the Planning Director within 10 calendar days of an exceedance. Responsible Party: The Permittee, or successor in interest. Monitoring Agency: The Butte County Development Services Department Planning Division is responsible for reviewing the blasting results provided by the Permittee, and determining if there is a need to change the approved method of blasting. The Permittee shall bear any costs associated with hiring of an appropriate third‐party contractor to analyze Permittee reports and make recommendations to the Department of Development Services. Comment: Blasts are planned, monitored, and documented as evidenced by the blasting reports on file. Condition 41 Mitigation Measure HWQ‐1, MND Section 4.8): Prior to any development activity, including but not limited to vegetation clearing, grading, soil disturbance, road building, or mining, the existing Storm Water Pollution Prevention Plan (SWPPP) shall be revised to include the new area proposed for mining. The revised SWPPP shall be submitted to the Regional Water Quality Control Board for review and approval. Upon approval, a copy of the revised SWPPP shall be submitted to the Planning Division. Action Required: As required by the Regional Water Quality Control Board. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 18 Sespe Consulting, Inc. Monitoring Schedule: Prior to any development activity, including but not limited to: vegetation clearing, grading, soil disturbance, road building, or mining of the new quarry area, the Permittee shall first obtain Regional Water Quality Control Board approval of the revised SWPPP. Responsible Party: The Permittee shall be responsible for submitting a revised SWPPP to the Regional Water Quality Control Board for review and approval. Monitoring Agency: The Regional Water Quality Control Board shall be responsible for reviewing and approving the revised SWPPP. The Butte County Development Services Department, Planning Division shall be responsible for ensuring development activities within the area proposed for new activity do not proceed prior to Regional Water Quality Control Board approval of the revised SWPPP. Comment: The current SWPPP dated May 2009 was reviewed and is up‐to‐date. Condition 42 (Mitigation Measure N‐1, MND Section 4.11): The calculation of scaled distance factor is directly affected by distance from the blasting area, pounds of explosives used, blasting frequency, and geologic conditions. This means there is some flexibility to change the amount of explosives used and the blasting frequency to affect the scaled distance factor. Initially, the Permittee shall place a recording seismograph, designed to measure blast induced vibration and air overpressure, adjacent to the nearest non‐company owned building, approximately 1,820 feet from the mining pit. The recording seismograph shall be used by the Permittee to establish the empirical data needed to propose a “blasting prescription” that is known to result in a scaled distance factor of 60 or greater. The Permittee shall submit the empirical data and proposed “blasting prescription” to the Directors of the Butte County Public Works Department and the Development Services Department, Planning Division for their review. If approved by the Directors, the Permittee is no longer required to use a recording seismograph for blasting activities conducted in accordance with the approved “blasting prescription.” For all blasting outside the approved “blasting prescription,” the Permittee shall use a recording seismograph to measure blast induced vibration and air overpressure adjacent to the nearest non‐ company owned building. Seismograph records and explosive detonation day records shall be maintained in the local mining company office and made available for inspection upon request by an engineer from the Butte County Public Works Department during normal working hours. Action Required: If a blasting series exceeds the Blasting Rules and Regulations peak velocity “threshold of concern” (i.e., 0.5 inches per second), the Permittee’s Explosives Department shall review the blasting results and develop the measures needed to keep peak velocities at or below the threshold of concern. The Permittee shall advise the Directors of the Butte County Public Works Department and the Development Services Department, Planning Division within 72 hours of the exceedence. Monitoring Schedule: In association with all blasting activities. Responsible Party: The Permittee, or successor in interest. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc 19 Sespe Consulting, Inc. Monitoring Agency: The Butte County Development Services Department, Planning Division is responsible for reviewing the blasting results provided by the Permittee, and consulting with the Director of the Butte County Public Works Department regarding any changes in blasting procedures. The Permittee shall bear any costs associated with hiring of an appropriate third‐party contractor to analyze Permittee reports and make recommendations to the Department of Development Services. Comment: The blasting reports were reviewed and show that blasting velocities are below the threshold of concern. Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc Sespe Consulting, Inc. APPENDIX 3 Surety Bond Financial Assurance Cost Estimate FINANCIAL ASSURANCE COST ESTIMATE For The Table Mountain Quarry CA MINE ID # 91-04-011 Submitted To: Development Services Department 7 County Center Drive Oroville, CA 95965 Prepared For: 3200 San Fernando Road Los Angeles, CA 90065 Prepared By: 3511 Camino Del Rio South, Suite 403 San Diego, CA 92108 May 2013 1 1.0 INTRODUCTION Vulcan Materials Company’s Table Mountain Quarry is an active hard rock mining site located in the County of Butte, approximately 8 miles north of downtown Oroville. The site is situated approximately two miles east of the intersection of Highways 149 and 70. Access to the site is gained by heading north east approximately two miles on a private paved access road. The site is used for surface mining and processing of crushed rock and consists of nearly 320 acres. Of this area, approximately 90 acres have been disturbed by mining activity. Currently, extractive operations are being conducted near the center of the ownership and progressing toward the south operations within the coming year are planned to expand to the south west and take in an additional three acres of new disturbance. The site has been operating under the authority of UP 96-02 and the approved Reclamation Plan 04-01. Extraction and processing of crushed rock has been permitted since 1992. The initial permit area has been expanded since approval in 1992, with the latest approval for expansion having occurred in 2007. Mining and processing of hard rock materials are the only activities occurring on the site. Mining of hard rock involves drill and blast operations to dislodge the in place basalt rock. A dozer is used to excavate shot rock material and a front-end loader is used to load the material into off-road haul trucks. The haul trucks travel back and forth between the active mine area and the processing plant delivering the raw material for crushing, washing and screening. The processed aggregates are separated and stockpiled on- site for material sales. Processing equipment consists of multiple crushers, screens, material conveyors and stackers, aggregate washing plant and a water clarifier. While the ultimate site configuration is considered to be livestock grazing, this estimate provides the costs that are necessary to achieve safe and stable conditions at the site. Reclamation of the site will include removal of processing equipment, slope stabilization, grading slopes to a maximum ratio of 2:1 (horizontal:vertical), removal of the rail spur, finish grading, topsoil distribution, removal of utilities, well removal and revegetating the disturbed areas of the site. This Reclamation Cost Estimate identifies the individual activities required to complete site reclamation in accordance with the approved plan. The estimate includes completion of all reclamation activities that would be required based on current site conditions plus the anticipated conditions for a one year period. 2 This estimate utilizes the following resources: • Reclamation Plan 04-01 • Butte County Use Permit 96-02 • Means Site Work & Landscape Cost Data • Department of Industrial Relations, Prevailing Wage Determinations • Caltrans, Labor Surcharge & Equipment Rental Rates (4/1/13-3/31/14) • Caterpillar Handbook, Edition 37 • Interviews with operations personnel • Cost Estimate from Pacific Coast Seed Company • Cost Estimate for Excavator Attachments from Quinn Caterpillar • Personal experience of the estimator This reclamation estimate provides anticipated costs for direct and indirect expenses that would be faced by the responsible party. Based upon the requirements of the approved Reclamation Plan, the following elements represent the direct costs of reclamation: 1. Removal of equipment, disposal of structures, and disposal of miscellaneous rubbish, removal of utilities 2. Site grading 3. Revegetation 4. Monitoring of revegetation to verify success The following elements represent the indirect costs of reclamation: 1. Supervision 2. Profit and Overhead 3. Contingencies 4. Mobilization A description of each of these estimating categories is provided. Taken together, the Direct and Indirect reclamation costs identify the total cost for reclamation. Finally, lead agency administrative costs (15%) are included to the total cost for reclamation to determine the financial assurance requirement. 3 2.0 ESTIMATED DIRECT COST OF RECLAMATION 2.1 Demolition and Removal of Processing Plants At the conclusion of mining operations, all plant equipment, support structures, and other man made improvements will need to be removed from the site. Plant equipment on the site includes multiple crushers, multiple screens, a multi-level processing plant, numerous conveyors and a water clarifier. This estimate assumes the use of a CAT 330 Hydraulic Excavator, with a La Bounty Shear attachment, and a CAT 330 Hydraulic Excavator, with a grappling attachment, to cut and load manageable sized sections onto an over-the-road truck to haul to a scrap yard. A crane will also be used to dismantle the processing plant. Costs for removing concrete footings and foundations and miscellaneous rubbish have also been included. Equipment costs were determined by Caltrans Labor Surcharge & Equipment Rental Rates (4/1/13-3/31/14). Labor rates are provided by the Department of Industrial Relations Prevailing Wage Determinations. Support structures on site include: an equipment maintenance building, office buildings, storage trailers, a scale house and scales, water storage tanks, a fueling station and overseas storage containers. This equipment will be dismantled in the most efficient manner possible, which may include shearing and cutting using a cutting torch, or simply unbolting the equipment prior to demolition. Support Structure Removal: No. Type Rate Hours Total 1 CAT 330 w/ Steel Shear* $225.31 30 $6,759 1 Excavator Operator $61.23 30 $1,837 1 CAT 330 w/ Grapple* $159.89 40 $6,396 1 Excavator Operator $61.23 40 $2,449 2 Semi truck with 3 axle lowboy (includes operator) $140.95 40 $11,276 1 950G Wheel Loader $123.96 40 $4,958 1 Loader Operator $61.23 40 $2,449 1 Welding Truck $55.37 40 $2,215 1 Welder $59.85 40 $2,394 1 Foreman $61.96 40 $2,478 2 Pickup Truck $21.43 40 $1,714 2 Laborer $44.33 40 $3,546 Total Cost of Removing Support Structures $48,471 *Costs for excavator attachments provided by Quinn Caterpillar. The processing plant equipment will be removed from the site in similar fashion to removal of the support structures. However, these structures also include screens, wash plant, conveyors and steel beams. Also included in this task would be the removal of conveyor belting, electrical panels, and associated wiring. Although the steel, electrical components and conveyor belting have substantial value, no salvage value has been assumed. 4 Plant Removal: No. Type Rate Hours Total 1 CAT 330 w/ Steel Shear* $225.31 80 $18,025 1 Excavator Operator $61.23 80 $4,898 1 CAT 330 w/ Grapple* $159.89 110 $17,588 1 Excavator Operator $61.23 110 $6,735 1 Grove RT 625 40t Crane $82.35 110 $9,059 1 Crane Operator $61.96 110 $6,816 2 Semi truck with 3 axle lowboy (includes operator) $140.95 110 $31,009 2 950G Wheel Loader $123.96 110 $27,271 2 Loader Operator $61.23 110 $13,471 1 Welding Truck $55.37 110 $6,091 1 Welder $59.85 110 $6,584 1 Foreman $61.96 110 $6,816 2 Pickup Truck $21.43 110 $4,715 2 Laborer $44.33 110 $9,753 Total Cost of Dismantling and Removing Plants $168,831 *Costs for excavator attachments provided by Quinn Caterpillar. Approximately four loads of miscellaneous rubbish that is not recyclable will be generated from plant teardown. In addition to the plant teardown rubbish, there is approximately six loads miscellaneous rubbish located throughout the site; for a total of 10 loads of rubbish. For purposes of this estimate it is assumed that all rubbish will be loaded into an end dump trailer and hauled off site to the county landfill. Each load will require approximately two hours including loading, unloading, and travel time. Rubbish Removal: No. Type Rate Hours Total 1 Grove RT 525 25t Crane $73.32 12 $880 1 Crane Operator $61.96 12 $744 2 Semi Truck with End Dump $88.70 10 $1,774 2 Truck Driver $50.30 10 $1,006 1 938G Wheel Loader $104.49 12 $1,254 1 Loader Operator $61.23 12 $735 1 Foreman $61.96 12 $744 1 Pick Up $21.43 12 $257 2 Laborer $44.33 12 $1,064 County Landfill Fees* $9,778 Total Cost of Removing Rubbish $18,236 *Costs of $39.11 per ton for landfill fees were obtained from Butte County Landfill 5 Aside from the processing and plant equipment, other mining equipment used at the site includes the following: • 1 CAT D10 R Dozer • 1 CAT 980 H Loader • 1 CAT 988 G Loader • 2 CAT 980 H Loader • 2 CAT 775 Haul Trucks • 1 CAT 14 G Grader • 1 CAT 769 C Water Truck • 1 Bobcat S185 Skidsteer • 1 JLG 40' Manlift It is assumed that all of the mining equipment will be in good repair and can be loaded directly onto a lowboy trailer and removed from the site. Removing equipment as large as the CAT D 10, CAT 769 C, CAT 990 H and the haul trucks will require a six axle lowboy trailer pilot cars and CHP escorts. Smaller equipment will only require a three axle lowboy trailer and no pilot cars. It is estimated that three hours will be required to remove the larger pieces of equipment and two hours will be required for the smaller pieces of equipment from the site. Estimated costs for equipment removal are shown below. Mobil Equipment Removal: No. Type Rate Hours Total 1 Grove RT 525 25t Crane $73.32 6 $440 2 Semi truck w/3 axle lowboy* (for smaller equipment) $140.95 6 $1,691 1 Semi truck w/6axle lowboy* (for larger equipment) $572.00 15 $8,580 1 938G Wheel Loader $104.49 6 $627 1 Crane Operator $61.96 6 $372 1 Loader Operator $61.23 6 $367 1 Foreman $61.96 6 $372 1 Mechanic $59.85 6 $359 Total Heavy Equipment Removal Cost $12,808 * Trucking rates include truck, trailer, driver, permits and all required escorts Costs for demolishing and removing footings and foundations on the site were derived from the Caltrans Labor Surcharge and Equipment Rental Rates manual (4/1/13- 3/31/14) Labor rates are provided by the Department of Industrial Relations Prevailing Wage Determinations. It is estimated that approximately 500 cubic yards of concrete will need to be removed. According to the CAT Handbook, an H120c hydraulic hammer attached to a 315L excavator can demolish approximately 230 cubic yards of reinforced concrete within eight (8) hours. Once the concrete has been broken into pieces that are 2-feet in 6 diameter or smaller, the excavator will be used to load the material into haul trucks. According to the CAT handbook, the 315L has an average cycle time of 20 seconds. Assuming that the average bucket load will be 0.75 yd3, it will take 3.7 hours for the excavator to load 500 yd3 into the trucks. It is estimated that each truckload will have a capacity of 17 yd3 and each load will take approximately 1.5 hours to complete. All concrete removed from the site will be hauled off site to the county landfill to be recycled. Additional time has been added to this time to account for equipment warm- up and mobilization. The table below represents a cost estimate for demolishing and removing all footings and foundations on the site. Concrete Breaking and Removal: No. Task Rate Hours Total 1 315L Excavator w/ Rock Breaker Attachment $95.76 20 $1,915 1 Excavator Operator $61.23 20 $1,225 1 315L Excavator w/ bucket $64.01 5 $320 1 Excavator Operator $61.23 5 $306 9 Haul Truck $88.70 5 $3,992 3 Truck Driver $49.70 5 $746 1 Foreman $61.96 15 $929 2 Laborer $44.33 15 $1,330 1 Pick Up $21.43 15 $321 Total Cost of Removing Footings and Foundations $11,084 *Concrete recycling fees of $0 per truckload were obtained from Butte County In 2011, approximately 2,300 linear feet of rail spur was installed adjacent to the existing spur; for a total length of 4,600 feet of rail spur located on the site. To complete reclamation of the site, it will be necessary to dismantle and remove the rail spur. All material generated from the rail spur removal will be loaded into on-road haul trucks and removed from the site. The steel rail track will be hauled to a recycling facility and the rail road ties will be disposed of at the Butte County landfill. It is estimated that 20 truckloads will be necessary to remove all rail spur material and each roundtrip truck load will take approximately two hours to complete. The cost to remove the rail spur is estimated by RS Means to be $12.20 per linear foot of track. Once the rail road track and ties are dismantled and removed off site the rail ballast and sub-ballast will be graded to match the finished contours of the site. Costs associated with grading the ballast will be accounted for in section 2.2 Site Grading. 7 Rail Spur Removal: No. Task Rate Hours Total 1 Rail Spur Removal 4,600' LS LS $56,120 2 Semi Truck with End Dump $88.70 20 $3,548 2 Truck Driver $49.70 20 $1,988 1 CAT 330 w/ Grapple* $159.89 20 $3,198 1 Excavator Operator $61.23 20 $1,225 County Landfill Fees* $5,475 Total Cost of Removing Rail Spur $71,554 *Costs of $39.11 per ton for landfill fees were obtained from Butte County Landfill There are also three (3) groundwater wells on the site that will be removed to comply with the approved reclamation plan. Removal of the wells will be a required reclamation activity, and will be removed once no longer necessary. RSMeans specifies $1,850 to remove one well, for a total of $5,550 to remove all three wells. Costs associated with agency permitting of the well closure are accounted for in the Lead Agency administrative costs. Additionally, 20 power poles are present on site that will need to be removed for reclamation purposes. RSMeans specifies $335 for selective demolition of utility poles. It is approximated that 20 poles will require removal; this equates to $6,700. Total Cost for Removal of Plant Facilities and Heavy Equipment $343,234 2.2 Site Grading Site grading involves the regrading of slopes and stockpiled materials to allow for revegetation and future land uses. Reclamation requirements for the site include the development of slopes that have an average ratio of 2:1 (h:v). Topsoil is to be distributed over all disturbed areas of the site that are to be revegetated. To prepare the site for topsoil distribution and revegetation, approximately 93 acres of the site will require finish grading. Finish grading will include leveling out all stockpiles, distributing rail ballast from rail spur, ripping compacted areas and smoothing out the site for future land use. Plant areas and haul roads will require ripping to decompact the soil; this area accounts for approximately 1/3 of the total area to be finish graded. The table below assumes the use of a dozer with an average finish grading and ripping rate of one acre per hour. A dozer is preferred over a wheel type tractor because its track impressions will resist erosion, retain water and seeds, and therefore, will be more effective at ensuring successful revegetation. To increase the efficiency of the grading operation, two dozers will be used to complete finish grading plus one dozer for ripping; additional time has been added to account for equipment warm-up and mobilization. 8 Finish Grading and Ripping: No. Task Rate Hours Total Cost 1 Grading with a D8N $180.62 100 $18,062 1 Operator for Finish Grading $59.85 100 $5,985 1 Ripping with a D8N $209.00 35 $7,315 1 Operator for Ripping $59.85 35 $2,095 1 Water Truck $44.22 100 $4,422 1 Water Truck Driver $50.00 100 $5,000 Total Cost for Finish Grading $42,879 In order to comply with the approved Reclamation Plan, a minimum of three inches of topsoil is to be distributed over disturbed areas of the site that are to be revegetated. It is estimated that the topsoil distribution will require approximately 50,000 cubic yards of on-site fill to be distributed around the site. To relocate the on-site topsoil material the following equipment will be used: two Cat 615C scrapers, one Cat D6N bulldozer to manage material and assist scrapers, one Cat 12H grader to manage the material placement area, and one 4,000 gallon water truck for dust control and compaction. The tables below show the production rates for a 615 scraper. See Attachment 3 for production graphs from the Cat Handbook. Fixed Time Load Time .9 min Spread Time .7 min Total 1.6 min Cat 615C Scraper Production Rates Avg (ft) Distance Avg Grade (%) Avg Time (min) Round Trip Time (min) Total Trip Time (min) Trips per Hour Site Average Loaded 1,200 4 .8 .7 2.0 30 Site Average Empty 1,200 4 .7 Cat 615C Scraper Operational Logistics Trips/Hour 615C Capacity (struck) CY/Hr CY Total Hours Required (per scraper) Logistics 19 14 cy 266 50,000 94 9 Top Soil Distribution: No. Task Rate Hours Total Cost 2 CAT 615 C Scraper $147.57 100 $29,514 2 Scraper Operator $59.85 100 $11,970 1 CAT D6H Dozer $95.08 100 $9,508 1 Dozer Operator $59.85 100 $5,985 1 CAT 12 H Motor Grader $90.37 100 $9,037 1 Grader Operator $62.71 100 $6,271 1 Water Truck $44.22 100 $4,422 1 Water Truck Driver $50.00 100 $5,000 Total Cost for Distributing Topsoil $81,707 Total Cost for Site Grading $124,586 2.3 Revegetation After final grading is completed, disturbed areas of the site will be revegetated with two native seed mixes. Currently there are approximately 90 acres disturbed from mining operations with an additional three (3) acres planned to be disturbed in 2013, for a total of approximately 93 acres of the site that will require revegetation. Areas of the site to be revegetated will be seeded with the seed mixes that were identified in the 2003 Revegetation Plan prepared by Land Image, Landscape Architects. The steeper sloped areas of the reclaimed site, approximately 20 acres, will be revegetated with the Augmented Dryland seed mix. The remaining areas of the site, approximately 73 acres, will be revegetated with the Dryland seed mix. The seed mixes are made up of native species that are able to survive without supplemental water and will be suitable for livestock grazing. Seed costs for the following seed mixes were provided by Pacific Coast Seed Company. (See Attachment 4) Dryland Seed Mix for 73 Acres: Species Mix Cost/Lb Total Cost Cucamonga Cali. Brome (Bromus carinatus) 25 Lb/Acre $5.00 $9,125 Blue Wild-Rye(Elymus glaucus) 35 Lb/Acre $12.00 $30,660 Lana Wooly Pod Vetch (Vicia villosa) 10 Lb/Acre $2.00 $1,460 Spanish Clover (Lotus purshianus) 5 Lb/Acre $65.00 $23,725 California Poppy (Eschscolzia californica) 5 Lb/Acre $15.00 $5,475 Deer Grass (Muhlenbergia rigens) 10 Lb/Acre $95.00 $69,350 Red Fescue (Festuca rubra) 10 Lb/Acre $12.00 $8,760 Sales Tax @ 8.75% $12,999 Total Seed Cost $161,554 10 Augmented Dryland Seed Mix for 20 Acres: Species Mix Cost/Lb Total Cost Cucamonga Cali. Brome (Bromus carinatus) 25 Lb/Acre $5.00 $2,500 Blue Wild-Rye(Elymus glaucus) 35 Lb/Acre $12.00 $8,400 Lana Wooly Pod Vetch (Vicia villosa) 10 Lb/Acre $2.00 $400 Spanish Clover (Lotus purshianus) 5 Lb/Acre $65.00 $6,500 California Poppy (Eschscolzia californica) 5 Lb/Acre $15.00 $1,500 Deer Grass (Muhlenbergia rigens) 10 Lb/Acre $95.00 $19,000 Red Fescue (Festuca rubra) 10 Lb/Acre $12.00 $2,400 Coyote Brush (Baccharis pilularis) 1.25 Lb/Acre $30.00 $750 Redbud (Cercies occidentalis) 1.25 Lb/Acre $48.00 $1,200 Toyon (Hetermoeles arbutifolia) 1.25 Lb/Acre $24.00 $600 Deer Brush (Ceanothus integerrimus) 1.25 Lb/Acre $135.00 $3,375 Live Oak (Quercus wislizenii) 1 Lb/Acre $36.00 $720 Sales Tax @ 8.75% $4,143 Total Seed Cost $51,488 To distribute the seed mixes, a combination of hydroseeding and drill seeding will be utilized. The Dryland seed mix to be used for 73 acres of the site will be distributed using a drill seeder pulled by a CAT D 4 dozer. Hydroseeding will be utilized to distribute the Augmented Dryland seed mix on the remaining 20 acres of the site. In addition to pulling the seed drill, the dozer will track walk the site as it maneuvers around the site distributing the Dryland seed mix. A production rate of two (2) acres per hour will be used for this estimate; additional time has been added to account for equipment warm-up and mobilization. Seed Distribution: No. Task Rate Hours Total 1 CAT D4 H Dozer $53.61 40 $2,144 1 Operator Cost $59.85 40 $2,394 1 Seed Drill $22.75 40 $910 Total Cost for Seed Distribution $5,448 Areas of the site where finished slopes are greater than 2.5:1 will require hydroseeding, due to the equipment limitations of drill seeding. RS Means provides a cost for hydroseeding of $2,091/acre, including labor and materials, this cost does not include the recommended seed mix. Hydroseeding: Total Acres $/Acre Total 20 $2,091 $41,820 Total Cost for Revegetation $260,310 11 2.4 Revegetation Monitoring and Maintenance Revegetation monitoring consists of a biologist visiting the reclamation area on an annual basis for a three year period. A biologist will conduct an evaluation of the revegetated area to insure that the goals of the revegetation requirements are achieved. This estimate assumes that a staff biologist will conduct the annual monitoring, which will require 20 hours in the field and 20 hours in the office to complete the annual monitoring report. This estimate also includes a cost for weed control and general maintenance of the revegetated areas, during the three year period. Weed control and maintenance estimates were derived from Vulcan’s previous revegetation efforts on similar sites. Cost Item Hours Rate Total Annual Monitoring 20 $100 $2,000 Annual Monitoring Report Preparation 20 $120 $2,400 Annual Weed Control and General Maintenance $10,000 Monitoring and Maintenance Costs x 3 years $43,200 Total Annual Revegetation Monitoring and Maintenance Costs $43,200 12 3.0 DIRECT COST OF RECLAMATION SUMMARY Task Cost Removal of Plant Facilities and Heavy Equipment $343,234 Site Grading $124,586 Revegetation $260,310 Revegetation Monitoring & Maintenance $43,200 Total Direct Reclamation Costs $771,330 4.0 INDIRECT COST OF RECLAMATION Item Cost Supervision Expense @ 4.7% $36,253 Profit & Overhead Expense @ 9.5% $73,276 Contingencies @ 7% $53,993 Mobilization Expense @ 5% $38,567 Total Indirect Cost $202,089 5.0 TOTAL COST OF RECLAMATION Total Direct Reclamation Costs $771,330 Total Indirect Cost $202,089 Total Direct and Indirect Cost of Reclamation $973,419 Lead Agency Administrative Costs @ 15% $146,013 Total Financial Assurance Requirement $1,119,432 Total Financial Assurance Requirement $1,119,432 Attachment 1 From:Jassen Froehlich To:Damien Galford Subject:updated quotes Date:Thursday, December 09, 2010 4:04:09 PM Damien, The Krypto-Claw has gone up to $2,100/mo. but the 330C with shear has remained the same $10,800/mo. for each. Just to be clear, that is $10,800/mo. for the Shear attachment plus $10,800/mo for the excavator it is on for a total of $21,600/mo. Thank you, Jassen Froehlich Quinn Company Machine Sales (661) 391-3504 (661) 808-7124 jfroehlich@quinncompany.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 5693 (20101210) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com Attachment 2 Attachment 3 Attachment 4 Table Mountain Quarry Annual Report Vulcan Materials Company December 31, 2013 VU01‐Table‐Mtn‐2013‐rpt‐dftv1.doc Sespe Consulting, Inc. APPENDIX 10 RDM Report 11‐22‐13 ‐ Reclaimed Area Sampling November 22, 2013 Stephen Grace Vulcan Materials Company 201 John Street, Suite I-2 Salinas, CA 93901 RE: Table Mountain RDM Sampling Dear Mr. Grace, The purpose of this letter is to document the results of the residual dry matter (RDM) sampling and noxious weed monitoring at the Table Mountain Quarry located north of the City of Oroville, California. Revegetation success criteria were established in the Reclamation Plan for Table Mountain Quarry Expansion, dated May 2006. Reclamation of the mine will be considered complete when the site contains less than 10% noxious weed species and a minimum of 300 pounds of RDM. The Reclamation Plan identifies seven noxious weed species. However, only four occur in uplands and have potential to occur in the monitoring area. These are spotted knapweed (Centaurea maculosa), Dyer’s woad (Isatis tinctoria), skeleton weed (Eriogonum deflexum), and yellow starthistle (Centaurea solstitialis). The monitoring area consisted of 4 revegetation areas totaling ±37 acres. However, approximately 13 acres of this area are still being actively used in the mining process, leaving ±24 acres of revegetation area. Methods Monitoring was conducted on sections 5, 6, 7, and 8 on July 16, 2013. A minimum of two RDM samples were taken in each of the four sections and each section was examined to identify the presence and extent of noxious weeds. For each RDM sampling location, a 1-foot square was randomly placed on the ground. All vegetation within the square was cut within ¼-inch of the ground and weighed. Photographs were taken from 10’ and 20’ with a golf ball, baseball, and basketball for reference. Results and Recommendations RDM samples range from 7 to 33 grams, which equates to 672 to 3198 pounds per acre. Therefore, the site well exceeds the minimum success criteria set forth in the Reclamation Plan. Most of the site also meets the RDM recommendations published in California Guidelines for Residual Dry Matter (RDM) Management on Coastal and Foothill Annual Rangelands (Bartolome et al, 2002) of a minimum of 800 lbs. per acre. The results of the RDM sampling are shown in Attachment 1. Representative site photos are shown in Figure 2. Typical vegetation in the monitoring area included wild oat (Avena fatua), foxtail (Vulpia sp.), clover (Trifolium sp.), vetch (Vicia sp.) and yellow starthistle. One skeleton weed plant was observed near sample point 6B. There were some patches of bull thistle (Cirsium vulgare) in sections 5 and 8. In general, there is less than 5% yellow starthistle on the upper slopes. Areas of heaviest yellow starthistle concentration (±4 acres) are shown on Figure 1 and generally consisted of ~25% yellow starthistle. Therefore, the total cover of yellow starthistle is estimated to be ~8%. Conclusions and Recommendations The revegetated areas of area 5, 6, 7, and 8 meet the success criteria in the revegetation plan. The RDM is well above the minimum standard of 300 lbs. per acre. Although yellow starthistle is present in the revegetation areas, it is estimated to make up less than 10% of the vegetative cover. While the current level of yellow starthistle meets the success criteria, containment and treatment measures are recommended to prevent it from continuing to spread. The reclamation plan recommends either prescribed burning or grazing in June and July, or treatment with Garlon or Transline to control yellow starthistle. Additional grazing is possible on the site, due to the high RDM. Cows, goats, and sheep will all eat yellow starthistle prior to the spiny stage, and goats will continue to eat it once spines have formed. A combination of burning for 1 to 2 years and clopyralid in the following year has been found to very effective, according to the University of California Integrated Pest Management Program. Please do not hesitate to call me if you have any questions about this report. Sincerely, Meredith Branstad Biologist Enclosures: Figure 1 — RDM Monitoring and Invasive Species Locations Figure 2 — Representative Site Photos Attachment 1 — RDM Data RDM_Monitoring2.mxd © 2013 Drawn By: MMB Date: 11/20/13 0 150 300 SCALE IN FEET !( !(!( !( !( !( !( !( !( !(5 !(6 !(7 !(87B 7A 8B 8A 6B 6A 5C 5B 5A Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS UserCommunity RDM Monitoring and Invasive Species Locations TABLE MOUNTAIN QUARRY ±FIGURE 1 LEGEND !(RDM Sampling Point Revegetation Area Boundary Active Use Area Invasive Species © 2013 Table Mountain Quarry Figure 2A 1 OF 2 REPRESENTATIVE SITE PHOTOGRAPHS RDM Sampling Site 6B from 20’ RDM Sampling Site 5A from 20’ © 2013 Table Mountain Quarry Figure 2B 2 OF 2 REPRESENTATIVE SITE PHOTOGRAPHS RDM Sampling Site 7B from 20’ View of revegetation areas 7 and 8 from base of slope. Date: 7/16/2013 Sample Number Dried Weight (grams) RDM (lbs./ac.)Meets Target Meets Est. Degree of Use Photo No. 5A 22 2112 Yes Yes 1, 2 5B 13 1248 Yes Yes 3, 4 5C 10 960 Yes Yes 13, 14 6A 31 2976 Yes Yes 8, 9 6B 11 1056 Yes Yes 10, 11 7A 31 2976 Yes Yes 23, 24 7C 33 3168 Yes Yes 25, 26 8A 9 864 Yes Yes 19, 20 8B 7 672 Yes No 21, 22 Average: 1781 Notes: Project Target/Goal is 300 RDM Minimum Average of 1781 exceeds project goal Est. degree of use minimum is 800 RDM for annual grassland with greater than 40% slope according to: California Guildelines for RDM Management on Coastal and Foothill Annual Rangelands. 2002. Publication 8092. University of California, Division of Agriculture and Natural Resources. Table Mountain Quarry Residual Dry Matter (RDM) Data Sheet RDM = (dry weight of sample in grams) X (96 lbs./acre)