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Time Set   # 43.
Board of Supervisors
Meeting Date:
12/09/2025
Brief Title
CEMEX Mining and Reclamation Plan Permit Amendment
From:
Adam Fieseler, Director, Department of Community Services
Staff Contact:
Stephanie Cormier, Chief Assistant Director, Department of Community Services, x8041
Supervisorial District Impact:
Districts 3 and 5

Subject

Hold a public hearing to consider a recommendation from the Planning Commission to approve the CEMEX Mining and Reclamation Plan Permit Amendment (Project) by certifying the Subsequent Environmental Impact Report (SCH #20211020487), making the required General Plan Circulation Element policy consistency finding, approving various amendments to the mining and reclamation plans, and authorizing execution of an amended Development Agreement. (No general fund impact) (Fieseler/Cormier/Tschudin) (Est. Presentation time: 25 min)

Recommended Action

  1. Hold a public hearing to consider a recommendation from the Planning Commission to approve the CEMEX Mining and Reclamation Plan Permit Amendment (Project); 
     
  2. Adopt resolution Certifying the Subsequent Environmental Impact Report (SCH #2021020487) (Attachment A), Adopting CEQA Findings of Fact, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program based on Findings of Fact and a Statement of Overriding Considerations (Attachment B).
     
  3. Approve by Minute Order the following General Plan Circulation Element Consistency Finding pursuant to Mitigation Measure 4.8-4: "The Board hereby finds that acceptance of a reduced Level of Service under existing and future conditions at the intersection of SR 16 and CR 96 is appropriate pursuant to Policy CI-3.1(X) of the General Plan which allows for such exceptions in recognition of the benefits of preserving agriculture or open space land; enhancing the agricultural economy; preserving the rural character of the county; avoiding adverse impacts to alternative transportation modes; avoiding growth inducement; and where right-of-way constraints would make the improvements infeasible."
     
  4. Approve by Minute Order the following amendments to the CEMEX off-channel surface mining plans (Attachment C) associated with Mining Permit No. ZF #95-093;
     
    • Allow mining to continue on ±383 acres (Phases 4 through 6) for an additional 20 years through the year 2047;
    • Approve revised Mining Plan sheets reflecting modified mining phase boundaries, elimination of Phase 7 mining, increased acreage that can be simultaneously disturbed, and increased acreage that can be used for processing;
    • Approve increased total production limit from 32,170,000 tons mined (26,700,000 tons sold) over the term of the permit to 53,536,426 tons mined (46,636,119 tons sold);
    • Modify various Conditions of Approval (Attachment F) to reflect the final approved changes;
    • Require operation to be consistent with revised Mining Plans, subject to (and as modified by) revised Conditions of Approval; and,
    • Require excavated materials to be processed at the CEMEX processing plant facilities, which plant(s) shall be subject to the same maximum term and conditions of approval.
       
  5. Approve by Minute Order the following amendments to the CEMEX off-channel surface reclamation plans associated with Mining Permit No. ZF #95-093;
     
    • Modify reclamation area to reflect ±816 total acres reclaimed to ±419 acres of agriculture (approximately 80% row crops and 20% tree crops), ±204 acres of permanent lakes, ±174 acres of riparian and other habitat, and ±19 acres of slopes and roads;
    • Allow a longer period for reclamation by phase and overall, with all reclamation completed by 2052;
    • Approve revised Reclamation Plan sheets (Attachment C), Reclamation Plan narrative (Attachment D), and Habitat Restoration Plan (Attachment E); 
    • Require reclamation to be consistent with revised Reclamation Plan Sheets, Reclamation Plan Narrative, and Habitat Restoration Plan, subject to (and as modified by) revised Conditions of Approval (Attachment F); and
       
  6. Adopt the ordinance entering into an Amended and Restated Development Agreement by and between the County of Yolo, CEMEX Construction Materials Pacific, LLC and CEMEX Construction Materials South, LLC for the Project Known as The Cemex Mining And Reclamation Plan Permit Amendment Project (Attachment G) authorizing execution of the amended development agreement and documenting, among other items, payment of per-ton fees, implementation of all conditions of approval and SEIR mitigation measures, compliance with the spirit and intent of the Cache Creek Area Plan and all related policies and requirements, and implementation of identified public benefits known as "net gains."

Strategic Plan Goal(s)

Sustainable Environment
Flourishing Agriculture
Robust Economy

Reason for Recommended Action/Background

The project is an extension of an existing approved off-channel gravel mining/reclamation site under operation for almost 30 years.  The original approval for the CEMEX mining site contemplated an extended term of up to 20 years, which is what is being requested, and is allowed under the County Code and the existing conditions of approval (COA).  Fundamental components of the project such as maximum annual tonnage, method of mining, maximum depth (70 ft), approved truck routes, and hours of operation would not change.  The extraction is taking place in one of the limited sites identified by the County and State as containing regionally important high-quality construction aggregate, and identified as being appropriate for this activity.  With the recommended COAs, the project is consistent with the Countywide General Plan and 2011 Climate Action Plan, the Cache Creek Area Plan (CCAP), the Zoning Code, the County Off-Channel Surface Mining and Reclamation Ordinances, and the State Surface Mining and Reclamation Act (SMARA).  The project has been comprehensively analyzed under CEQA and all mitigation measures have been applied as conditions of approval.  The project will result in important net public benefits, open space dedications, and other economic and fiscal benefits to the County and region.

BACKGROUND
Cache Creek Area Plan
The proposed project is located within the boundaries of the Cache Creek Area Plan (CCAP) adopted by the Board of Supervisors in 1996, and subsequently amended in 2002 and 2019. The CCAP is a long-term, detailed, and self-funded, planning, policy, and regulatory mining and creek restoration program involving implementation over more than 70 years. The program is focused on long-term adaptation to changing industry standards, environmental protection, and market needs. As the program is implemented over time, it will progressively build a parkway network of important habitat sites and recreational properties along a 15-mile stretch of lower Cache Creek. The program has unprecedented built-in check points, monitoring requirements, and performance thresholds, and is held together through a unique partnership between landowners, mining operators, regulatory agencies, and the County.  The project is required to comply with the requirements of the CCAP and Surface Mining and Reclamation Ordinances.

Current Approvals
The existing CEMEX off-channel mining facility is operated subject to a 1996 permit approval, as amended, consisting of Mining Permit No. ZF #95-093 and Development Agreement No. 96-287. The 1996 permit approval was evaluated in the 1996 Solano Long-Term Off-Channel Mining Permit Application Final Environmental Impact Report (SCH #96012034) (1996 EIR), certified by the Board of Supervisors on November 25, 1996.  Under the 1996 approvals, the operation is authorized to extract up to 1,445,783 tons of aggregate material annually (with a maximum of 1,200,000 tons sold per year), and a total of 32,170,000 tons over the life of the permit (with up to 26,700,000 tons sold). Mining activities are approved to occur in seven phases, generally progressing from west to east over a 30-year period ending in 2027, to a maximum depth of 70 feet.

Proposed Project
On February 28, 2018, CEMEX submitted an application requesting to modify the approved mining permit and reclamation plan for its ongoing mining operation. The application was revised multiple times, with the final revision submitted on November 23, 2022.  The application requests the following modifications to the pre-existing approvals:
  1. Extend Mining Term - Extend the mining permit by 20 years through 2047 to allow for the continued extraction of aggregate reserves within the approved mining footprint.
  2. Increase Total Tonnage - Increase the total production limit by 21,336,426 additional tons mined (19,936,119 additional tons sold) over the term of the permit from 32,170,000 tons mined (26,700,000 tons sold) to 53,536,426 tons mined (46,636,119 tons sold) through 2047.
  3. Increase Allowed Area of Simultaneously Disturbed Acreage - Remove the project assumption in the 1996 EIR restricting the maximum disturbed area at any one time (126 acres) and allow simultaneous disturbance of larger acreage at any one time consistent with the proposed phasing and operation. The range of actively disturbed land at any one time during the remaining life of the proposed project would range from 167 to 285 acres.
  4. Increase Acreage Used for Processing - Use the eastern half of Phase 2 as an extension of the plant site for stockpiles and construction materials recycling. Use Phase 3 for a new settling pond for deposition of process fines. As a result, reclamation of these areas would not occur until after all mining on the site has been completed (post 2047). Reclamation of all areas would be complete by 2052.
  5. Extend Reclamation - Extend the reclamation date of some phases by up to 36 years.
  6. Remove Phase 7 - Modify the approved mining and reclamation plans to eliminate Phase 7 (15 acres of mining; 21.1 acres of reclamation) located on the west side of Interstate-505 ("I-505"). As a result, the modified project would be completely to the east of I-505.
  7. Other Modifications to the Approved Mining Plans - These proposed changes would: a) modify phase boundaries; b) comport all approvals over the years to one conformed set of mining and reclamation plans; c) incorporate areas previously overmined as required by the 2017 Stipulated Order to Comply; and, d) reflect existing conditions at the mining and processing areas.
  8. Other Modifications to the Approved Reclamation Plans (Plan Sheets, Narrative, and Habitat Restoration Plan) - These proposed changes would: a) comport all approvals over the years to one conformed set of reclamation plans and one updated complete Habitat Restoration Plan ("HRP"); b) add other areas (totaling 100 acres) previously disturbed by mining that were not included within the original reclamation area boundaries; and c) decrease reclaimed agriculture by ±57 acres, increase reclaimed habitat by a net of 8.0 acres (see Draft SEIR Table 3-7, page 3-41, footnote 8), increase reclaimed open water lake by 51 acres, decrease reclaimed tree crops by 138 acres, and increase reclaimed row crops by 111 acres.
  9. Modify Various Conditions of Approval - These proposed changes would integrate all previously approved conditions and include modifications to the conditions to reflect the proposed project as approved.
  10. Amend the Development Agreement - These proposed changes would reflect the project as approved (including the extended permit period, and modified mining and reclamation plans) and describe modified/expanded net gains dedications and contributions.
All other aspects of the project and operation remain unchanged, including maximum annual aggregate production, total mining area, method of mining, maximum mining depth, truck routes, and hours of operation.  Attachment H provides a comparison of the approved and proposed project.

CEQA Compliance
The County prepared a Subsequent Environmental Impact Report (SEIR) that tiers from the original 1996 EIR and the 2019 EIR for the CCAP Update.  The CEMEX Draft SEIR was released March 21, 2024, and the Final SEIR was released on September 24, 2025.  The CEMEX SEIR substantiates that all impacts can be fully mitigated with the exception of project-level impacts to farmland (Impact 4.1-1), project-level vehicle miles traveled (VMT (Impact 4.8-1), cumulative farmland impacts (Impact 5-2), and cumulative VMT (Impact 5-14). 

Policy and Regulatory Consistency
The project, as modified by the recommended conditions of approval including the adopted mitigation measures, is consistent with all applicable regulatory requirements including SMARA, the County General Plan, CCAP, Mining Ordinance, Reclamation Ordinance, and In-Channel Ordinance.

Development Agreement and Net Gains
The proposed project includes amendment of the existing development agreement between the applicant and the County to reflect the project changes. The development agreement vests certain aspects of the requested approvals, commits the applicant to participation in the CCAP, including payment of per-ton mining fees and the provision of other specified public benefits, known also as "net gains," and ties the separately permitted processing plants to the mining approvals. The provision of net gains is a fundamental component of the CCAP and critical to development of the Cache Creek Parkway.

The existing approved net gains for the operation are as follows:
  • Lakes and Perimeter Habitat - Dedication of ±150 acres of lake and perimeter habitat after completion of reclamation (estimated to occur in 2032) comprised of Snyder East Lake and perimeter habitat totaling 38.3 acres and Synder West Lake and perimeter habitat totaling 111.5 acres.
  • Eastern Road Easement - Dedication of a 40-foot road easement from SR 16 to dedicated Snyder East Lake site
  • In-Channel Dedication to Centerline - Dedication of in-channel property totaling ±55 acres comprised of northerly frontage to centerline of creek following completion of reclamation
  • In-Channel (Orrick/Snyder) Restoration - Restoration of ±34 acres of previously mined riparian habitat: a) Orrick 20 acres (in Phase 3) to remain in private ownership; and b) Snyder West and East ±14 acres dedicated to County as part of in-channel dedication described above.
CEMEX proposes to modify the approved net gains as follows:
  1. Lakes and Perimeter Habitat - Increase the previously identified lake and habitat dedication adjacent to Cache Creek by an additional ±73.5 acres of lake and ±37 acres of perimeter habitat. Total acreage (±298 acres) is larger than original estimate based on improved accuracy of mapping.
  2. Eastern Road Easement - No substantive change; however, clarification added regarding minimum road improvements.
  3. In- Channel Dedication to Centerline - No change; however, acreage is slightly less than original estimate based on surveying and improved accuracy of mapping.
  4. In-Channel (Orrick/ Snyder) Restoration - No substantive change; however, acreage is slightly modified compared to the original estimate based on improved mapping of restored areas on the Snyder acreage.
  5. Dedication of Millsap Connector Property - Dedication in fee of the in-channel portion of the land north of Phase 6, north of the centerline of Cache Creek, to the boundary of the neighboring Millsap property (±12.4 acres total).
  6. Western Road Easement - Easement dedication of 40-foot-wide public road and utility right-of-way with specified improvements, west of I-505, along property line of former Phase 7, from SR 16 to new Creekside Trail.  Allows for public access (proximate to Madison) to creekside trail loop along Cache Creek.
  7. Creekside Trail Easement - Dedication of 40-foot trail easement with specified improvements along south side of Cache Creek between Eastern Road Easement and Western Road Easement.
  8. Monetary Support - $15,000 to the Cache Creek Nature Preserve within one year of project approval.
  9. Monetary Support - $5,000 to the County for update of the Cache Creek Parkway Plan documents within one year of project approval.
Planning Commission Recommendation
The Planning Commission conducted a public meeting on the CEMEX proposal on October 9, 2025 (Agenda - View Meetings) and a public hearing on November 13, 2025 (Agenda - View Meetings).  The Planning Commission voted 6-0 (1 absence) to reccomend certification of the Final SEIR and recommend approval of the Project to the Board of Supervisors. An overview of key comments and discussion is provided below. Relevant information about, analysis of, and responses to these issues are provided in the Subsequent Environmental Impact Report (SEIR) and Planning Commission staff reports.    

Mercury Management – Several comments and questions expressed concern about mercury and how mercury is managed through the CCAP and specifically at the CEMEX site.  Mercury levels in lower Cache Creek are a reflection of the legacy effects of historic mercury mining in the upper watershed that occurred well over 150 years ago.  Mercury conditions were known and evaluated when the gravel program was developed in the mid-1990s, and have been studied as the program has evolved in the years since. Based on foundational studies of earlier deep-pit lakes, Yolo County determined that pre-existing mercury conditions could be managed and controlled, and should not preclude the opportunity to develop the program (including mining and reclamation), restore portions of Cache Creek, and implement the Cache Creek Parkway.

The CCAP requires mercury monitoring because reclamation of the off-channel pits to permanent deep lakes could result in conditions that increase the conversion of inorganic mercury to methylmercury. Methylmercury is the form that can bioaccumulate in fish.  Whether methylation of mercury will occur in any given pit cannot be predicted.  Outcomes are highly dependent on the conditions at, and the characteristics of, each operation and lake including:  pre-existing mercury concentrations, character of bottom sediment, bottom water oxygen levels, water clarity, water agitation, character of organic matter, sunlight, and activity of methylating bacteria.  In addition, the size, diet, species, and age of fish are also relevant.

The mining operations all occur on private fenced property, posted with signage prohibiting trespass, restricting fishing, and advising against consumption.  Analysis and opinion from qualified experts indicate that mercury conditions in the CCAP planning area are not problematic in terms of impacts to soil, air, or water quality.  In reliance on this body of data and analysis, the County has repeatedly affirmed there are no unmitigated human health concerns associated with implementation of the CCAP, including continued mining as proposed at the CEMEX site.  Potential biological concerns are limited to wildlife eating fish with elevated mercury.  Under current conditions this is acceptably minimized by controlling on site access and by ongoing mining activity within and near the ponds which minimizes wildlife use.  The potential for incrementally increased exposure to fish-eating wildlife (keeping in mind that mercury is a pre-existing condition in this watershed) is a short-term minimized risk during the period of evaluation.  At the levels being documented, the County has determined that the mercury conditions are manageable and that the positive benefits of the new aquatic and riparian habitats being created in the Cache Creek Parkway and economic benefits of the project to the County (including employment and tax generation) outweigh the short-term downsides related to potential mercury exposure for fish-eating species that may occur during the period of mining.

The CCAP mercury monitoring, reporting and management requirements are found in County Code Section 10-5.517 of the Reclamation Ordinance.  The regulations first require a determination of whether fish mercury levels are elevated compared to background conditions in Cache Creek. For those ponds determined to have elevated conditions, the second step is supplemental analysis (referred to in the ordinance as expanded analysis), including water column profiling and analysis of pond bottom sediments. Depending on the results of the supplemental analysis, the regulations require the development and implementation of a Lake Management Plan (LMP).  If the LMP is not effective, the County also has the ability to require modifications to the reclamation of the site.

Management options include water mixing, management of water chemistry, fish removal, and filling the lake.  The County will not accept dedication of a lake without an acceptable monitoring history and/or a successful LMP.  Operators are required to establish a mechanism to pay for their individual LMP commitments in perpetuity.  In addition, the gravel mining Maintenance and Remediation Fee account (currently $3.35 million) is available to the County should unforeseen management issues subsequently occur in reclaimed lakes owned by the County. 

As reflected in the monitoring reports, fish in the CEMEX Phase 1 Pond have shown acceptable mercury levels and the Phase 1 pond has been used as a “control” pond for analytical purposes for almost a decade.  The Phases 3 and 4 ponds were previously combined.  In 2020 they were separated into two ponds, with the western Phase 3 pond remaining isolated and undisturbed, and active mining continuing in the eastern Phase 4 pond.  Prior to separation, fish from the combined Phases 3 and 4 pond generally exhibited elevated mercury levels.  After separation, results for each pond varied, with some acceptable and some inconclusive results in specific years.

In October of 2024, CEMEX was notified that an LMP would be required for the Phases 3 and 4 ponds.  The County is presently undergoing a process to prepare a programmatic lake management strategy for site-specific implementation, which would apply to the CEMEX Phases 3 and 4 ponds under current mining and reclamation approvals.  Identification and preliminary design of appropriate mercury management controls for the Phase 3 pond is currently actively being developed by a County-retained qualified scientist as a pilot component of the programmatic LMP process. 

Notably, as a part of the subject application, CEMEX is proposing to fill the Phases 3 and 4 lakes, with final reclamation to agriculture.   Filling of the lakes is an allowed option for compliance with Section 10.5-517 of the Reclamation Ordinance and would fully satisfy CEMEX’s responsibilities under the mercury regulations.  Subsequent to approval of the proposed revised reclamation plan, the operator would no longer be required to monitor Phases 3 or 4 ponds.  However, the Planning Commission determined it would be useful to nevertheless continue to monitor both ponds and to carry out pilot mercury controls on the Phase 3 pond, until monitoring is no longer feasible under the revised reclamation plans.  In light of this, the Planning Commission added the following new recommended condition of approval #28.16, which the Applicant supports:

28.16.  The operator shall prepare and implement, in coordination with the County and its scientific expert, a short-term LMP (consistent with the requirements of Reclamation Ordinance Sections 10-5.517(g)(1) and 10-5517(g)(1)(a) but with no obligation to prepare an alternate management plan) consisting of pilot mercury reduction controls in the Phase 3 pond, and continue mercury testing (consistent with the requirements of Reclamation Ordinance Section 10-5.517(c)(1) and 10-5.517(f)) in both the Phase 3 and 4 ponds until such time as it is no longer feasible to undertake monitoring under the new approved reclamation (e.g. the ponds are no longer navigable by the monitoring vessel). The testing and reporting of results of the of pilot mercury reduction controls under this short-term LMP shall be completed and reported to the Planning Commission at a public meeting within one year of approval.

The SEIR investigated whether proposed changes to increase the size and shape of the Phases 5 and 6 lakes would have the potential to result in worsened mercury outcomes as compared to currently approved reclamation plans, and concluded that the proposed changes would be less-than-significant.  Under the requirements of the program, CEMEX will be subsequently required to implement the mercury monitoring protocols in the Phases 5 and 6 pits.  Results will be identified in future reports and will determine future lake management requirements, if any.

Climate Change and Greenhouse Gas Emissions (GHG) – Several comments and questions expressed concern about climate change and GHG emissions.  Implementation of the CCAP ensures a local source of aggregate, which minimizes the impacts associated with importing aggregate products from locations outside the county, minimizes the area of allowed mining, minimizes the footprint of allowed mining, and requires reclamation to land uses that sequester carbon and minimize GHG emissions (particularly as compared to urban uses).

Without a local source, aggregate would be hauled longer distances, resulting in increased air and GHG emissions, and increased vehicle miles traveled (VMT).  Aggregate from outside the County would not be regulated by the policies and regulations of the CCAP which is one of, if not the, most restrictive local aggregate mining programs in the state.  Aggregate from outside the County would also not be subject to the per-ton fees which make implementation of the CCAP (including the Cache Creek Parkway) completely self-funded, and which result in net public benefits to Yolo County that are not replicated in any other mining program.  Other beneficial outcomes of implementation of the CCAP, such as preserved and restored habitat on which the HCP/NNCP relies, implementation of the Cache Creek Parkway Plan, which helps implement County recreational and open space goals, and permanent agricultural preservation in alignment with the General Plan, would also not occur.

Commercial haul trucks that deliver aggregate from the CEMEX site and other operations are not under the control of the County’s mining operators.  Commercial haul trucks are owned and operated by independent companies that make independent business decisions regarding their truck fleet.  Heavy equipment (including haul trucks) used in aggregate mining is regulated at the federal and state level which ensures ongoing decreases in emissions over time. These regulations (enforced by the federal Environmental Protection Agency and California Air Resources Board) include requirements such as clean fleet standards, fuel-efficient technologies, aerodynamic trailer devices, and low rolling resistance tires on tractors and trailers.

With regard specifically to the CEMEX operation, this operator utilizes an electric dredge for mining, an electric conveyor system for onsite material transport, and relies on a wind turbine energy system which supplies renewable energy for approximately 30 percent of the energy demand at the plant facilities.  In addition, SEIR Mitigation Measure 4.2-5 (Condition #65.2) specifically requires CEMEX to prepare and implement a project-level Greenhouse Gas Reduction Plan to demonstrate that implementation of the proposed project would not result in a net increase in GHG emissions from baseline conditions.  Conditions of approval #s 28.13, 65.1, and 65.2 also relate to increased use of clean energy.  These three conditions are excerpted below: 

28.13. CEMEX processing plants (aggregate, asphalt concrete, and ready-mix concrete) and on-site offices shall be powered by Valley Clean Energy (VCE) UltraGreen energy or equivalent 100 percent renewable/100 percent carbon-free electricity within six months of project approval.

65.1. The operator is encouraged to use cleaner vehicles and equipment and retrofit existing vehicles and equipment with diesel particulate filters (DPFs). Pursuant to Section 10-4.414.1 (Energy) of the Mining Ordinance, wherever practical and feasible, the operator shall use clean electric energy from the grid or install alternative on-site electricity generation systems to replace diesel equipment and reduce criteria pollutant emissions. (BOS Resolution No. 00-228, approved via Minute Order No. 00-048 on December 12, 2000)

65.2  
Prior to August 11, 2027 (the original date of expiration of the 1996 entitlements), the operator shall submit for review and approval, in recognition of the Climate Change Emergency Resolution, a Greenhouse Gas Reduction Plan (GHGRP) to the Yolo County Department of Community Services. In order to demonstrate that implementation of the proposed project would not result in a net increase in GHG emissions from baseline conditions, the GHGRP shall demonstrate how annual operational emissions of the proposed project would be reduced to or below the annual baseline emissions of 5,668 MTCO2e. Strategies to achieve emissions reductions may include, but are not limited to, the following:

a. Replacement of existing fossil fueled equipment with hybrid or electrically powered equipment;

b. Purchase of an increased proportion of electricity from renewable sources (Note: satisfaction of Condition #28.13 is applicable to this particular option);

c. Installation of on-site renewable energy systems (Note:  The operator has an existing wind turbine that provides renewable energy and was accounted for in the impact analysis.  This measure would allow for installation of additional renewable energy systems.);

d. Use of a blend of renewable diesel and biodiesel (80/20 mix) to power mobile equipment;

e. Installation of electric vehicle (EV) charging stations in parking areas for passenger automobiles;

f. Commercial haul truck retrofit, or permanent replacement with one or more zero-emissions haul truck(s); and

g. Purchase of verified carbon credits. Credits purchased as part of this mitigation option shall be real, quantifiable, permanent, verifiable, enforceable, and consistent with the standards set forth in Health and Safety Code section 38562, subdivisions (d)(1) and (d)(2). Such credits shall be based on protocols that are consistent with the criteria set forth in subdivision (a) of Section 95972 of Title 17 of the California Code of Regulations, and shall not allow the use of offset projects originating outside of California, except to the extent that the quality of the offsets, and their sufficiency under the standards set forth herein, can be verified by the County and/or the YSAQMD. The credits must be purchased through one of the following: 1) a CARB-approved registry, such as the Climate Action Reserve, the American Carbon Registry, and the Verified Carbon Standard; 2) any registry approved by CARB to act as a registry under the California Cap and Trade Program; or 3) through the CAPCOA GHG Reduction Exchange.

(2025 SEIR Mitigation Measures 4.2-5, 4.8-1, 5-4, and 5-14)

Condition 65.2(f), above, incorporates changes added by the Planning Commission to address concerns regarding emissions from haul trucks.  These changes include a reference to the County’s Climate Change Emergency Resolution and consideration of commercial haul truck retrofit or replacement as an option for the required project-level Greenhouse Gas Reduction Plan.

Achievement of local goals related to fleet controls is challenging in light of federal and state authority in this area.  The ability of Yolo County and/or the Yolo-Solano Air Quality Management District to independently regulate mobile sources is limited.  For example, Yolo County could implement rules for its own municipal fleet, but it could not create a separate regulation that overrides or conflicts with the state's regulatory programs. 

The imposition of such controls solely on one mining operation would create a structural inequity for CEMEX and a notable economic advantage for the other competing mining companies.   Moreover, the imposition of such controls solely on aggregate haul trucks and not on commercial haulers of other products (manufacturing, agriculture, retail and E-commerce, grocery, restaurants, construction, waste management and recycling, petroleum, etc.) would be unlikely to achieve the overall desired effect, and would raise economic and marketplace equity issues.  To avoid this, fleet controls would be better analyzed at the regional and/or General Plan level, or minimally as part of the next ten-year interim review of the CCAP. 

Reclamation End Uses and the CCAP – Several comments and questions inquired about the desirability and success of reclamation to agriculture and expressed a desire for more reclamation to habitat.  The CCAP began as a collaboration between vested mining interests and the County to improve habitat conditions along lower Cache Creek by entirely removing in-channel mining and trading those vested in-channel rights for conditional use permits that allowed off-channel mining.  The limited off-channel mining allowed under the CCAP was found by the County and the voters to be substantially more sustainable in line with the values and policies of Yolo County than previous mining practices within the channel of Cache Creek.  However, off-channel mining in alluvial deposits, such as occurs along lower Cache Creek, typically impacts active agriculture, and therefore to ensure consistency with the General Plan and as CEQA mitigation, the CCAP was structured to require reclamation to agriculture as a top priority end use.  The program prioritizes reclamation end uses as follows: 1) Agriculture, 2) Habitat; 3) Recreation and Open Space; and 4) Other Uses. 

The CCAP minimizes the aerial extent of mining overall, and encourages maximum excavation of aggregate deposits from approved mining sites.  This reduces overall impacts to pre-existing agricultural uses, but by policy and by design, the mining methods allowed under the CCAP result in a combination of reclaimed agriculture, reclaimed and restored habitat, and reclaimed lakes with perimeter habitat.  

Regarding reclaimed agriculture, reclamation to farmland is a successful practice statewide and throughout the country.  California sets a minimum standard for productivity of reclaimed farmland upon which the County relies in the CCAP. All operators are required to monitor and meet or exceed those standards.  Supplemental evidence, analysis, and expert testimony support that: reclamation to agriculture is a viable end use; the required standards for acceptable productivity of reclaimed agricultural land can be achieved; and improvements to soil structure and increased organic matter build over time.

Regarding reclaimed habitat and open space, the CCAP established the framework for the future 15-mile Cache Creek Parkway through agreements with the aggregate mining operators to dedicate nearly 2,000 acres of reclaimed habitat and open space land for future public use.  Since implementation began in 1996, roughly 500 acres of restored and dedicated lands are in County ownership along the emerging Parkway.  Examples of Parkway properties include the Cache Creek Nature Preserve, which was the second property brought into the Parkway system.  This 123-acre property was dedicated to the County in 1999 by Teichert, and is managed by the Cache Creek Conservancy on behalf of the County.  Another is the Capay Open Space Park located off CR 85 which anchors the western end of the Parkway.  This 41-acre property was dedicated to the County by Granite Construction in 2004. The Cache Creek Parkway planning documents identify each property, and provide planning and management information for each site. 

As part of the 2019 CCAP Update, the horizon year of the CCAP was extended another 50 years through 2068.  This was necessary to support the long-term horizon of the plan, but it also allowed the program to align with the 2019 Yolo Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) which shares the same planning term.  The HCP/NCCP relies on the Parkway properties and gravel program funding for the local match required to implement its program.  Provided there is a demonstration of no impact to planned parkway uses, between 253 and 719 acres of the Parkway is committed to use by the Yolo Habitat Conservancy as part of the HCP/NCCP habitat reserve system in exchange for long-term management. The County retains ownership and control of these properties as part of the Parkway, and the Yolo Habitat Conservancy funds the maintenance of the sites in accordance with the habitat management plans.

The open space properties coming into County ownership/control through the CCAP provide Yolo County’s first opportunity to provide water-based recreation opportunities beyond those already available along Putah and Cache Creeks.  Yolo County has no natural lakes.  The lakes and ponds resulting from reclaimed mining, combined with the additional habitat, open space, and trail opportunities realized through the gravel program provide a unique opportunity that was recognized and embraced by the County.

The specific balance of reclaimed land uses at each currently permitted operation is dictated by the approved mining and reclamation plans for each site.  Should the County wish to modify the CCAP to, for example, change the priority of desired reclaimed end uses, there would be an opportunity to do so as part of the next (third) ten-year interim review of the program in 2029.  Such a change would require a General Plan amendment and appropriate CEQA analysis. 

A modification of this nature is not likely to have a material effect on existing approved operations because the focus of the interim permit review is primarily to determine if new regulations or statutes related to natural resources should be applied to the mining permits (Mining Ordinance Section 10-4.606).  New policy direction that could materially affect an approved operation would arguably fall outside of that scope.  Also, each operator has a vested right to mine a specified maximum tonnage on specified acreage to a specified maximum depth, and to process excavated material at the approved plant facilities, per the terms of their development agreement.  However, future permit amendments may allow an opportunity for the County to achieve greater implementation of changed priorities at existing aggregate operations depending on the scope of the requested modifications and the ability of the operator to feasibly integrate such a change.  Moreover, planned future new mining permits would be required to reflect all adopted changes in the program. 

Collaborations (including Board advisory groups and external partner agencies)

This application was reviewed by the Planning and Natural Resources Divisions, with support from County Counsel and a Contract Land Use Planner. Outreach on this project occurred with a multitude of landowners, stakeholders, operators, tribal representatives, agencies, and service providers.  The project underwent internal and external agency review as part of the County’s standard land development application procedures.  Tribal coordination occurred before and during the writing of the SEIR.  Additional public engagement opportunities included: the NOP scoping meeting; the NOP 30-day scoping comment period, the Draft SEIR comment meeting, the DSEIR 47-day comment period, the Planning Commission meeting of October 9th and hearing of November 13th, and the Board of Supervisors hearing of December 9, 2025.

Fiscal Impact

No Fiscal Impact

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    0
Amount budgeted for expenditure:
$    0
Additional expenditure authority needed:
$   
On-going commitment (annual cost):
$   

Source of Funds for this Expenditure

General Fund
$0

Attachments

Form Review

Inbox Reviewed By Date
Stephanie Cormier Stephanie Cormier 11/25/2025 03:33 PM
Adam Fieseler Adam Fieseler 11/26/2025 04:10 PM
County Counsel Hope Welton 11/26/2025 04:12 PM
Cindy Perez Cindy Perez 11/26/2025 04:50 PM
Form Started By:
cliebler
Started On:
01/24/2022 04:09 PM
Final Approval Date:
11/26/2025