NR #2022-01: Public hearing and presentation of the 2021 Annual Compliance Report on off-channel gravel mining within the boundaries of the Cache Creek Area Plan. Applicant: Yolo County (R.Miller/E.Sabatini)

FILE #: N/A
APPLICANT: Yolo County Natural Resources Division Yolo County Department of Community Services	OWNER: N/A
LOCATION: Immediately north and south of Cache Creek, between County Roads 85 and 96, within the boundaries of the Cache Creek Area Plan (CCAP) (Attachment A). GENERAL PLAN: Agriculture (AG), Mineral Resource Overlay (MRO) ZONING: Agricultural Intensive (A-N), Special Sand and Gravel Combining Zone (S-G) SUPERVISORIAL DISTRICT: 5 (Barajas)	SOILS: Various WILLIAMSON ACT: N/A FLOOD ZONE: Various FIRE SEVERITY ZONE: None
ENVIRONMENTAL DETERMINATION: N/A

RECOMMENDED ACTION
 
That the Planning Commission:
 
1. Hold a public hearing and receive comments on the 2021 Annual Compliance Report;
 
2. (a) Determine that CEMEX (CA MINE ID 91-57-0008) is in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and the Development Agreement (#96-287, as amended); and (b) Adopt attached Findings of Fact in substantiation of these determinations (see Attachment B);
 
3. (a) Determine that Granite-Capay (CA MINE ID 91-57-0014) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#96-289, as amended); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
 
4. (a) Determine that Granite-Esparto (no CA MINE ID issued) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#11-165); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
 
5. (a) Determine that Syar Industries (CA MINE ID 91-57-0015) is in substantial compliance with SMARA, the OCMP, and Development Agreement (#96-288, as amended); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
 
6. (a) Determine that Teichert-Esparto (CA MINE ID 91-57-0011) is in substantial compliance with SMARA, the OCMP and the Development Agreement (#96-290, as amended); and (c) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
 
7. (a) Determine that Teichert-Schwarzgruber (CA MINE ID 91-57-0006) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#12-152); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B); and
 
8. (a) Determine that Teichert-Woodland (CA MINE ID 91-57-0002 & 91-57-0012) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#96-286, as amended); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B).
 

Pursuant to Article 7 (Annual Reports) of the Off-Channel Surface Mining Ordinance ("OCSMO"), the aggregate producers are required to provide annual reporting of their permitted operations along Cache Creek to the County by November 1^st of each year. The report to the Planning Commission, consistent with Section 10-4.703 of the OCSMO, is based upon independent staff analysis, field inspections, and information contained in the annual reports submitted by the mining operators. Staff reviewed each site’s compliance with the applicable regulations, including Surface Mining and Reclamation Act of 1975 (“SMARA”), the Off-Channel Mining Plan (“OCMP”), including the Off-Channel Surface Mining Ordinance and Surface Mining Reclamation Ordinance, individual permit approvals and Development Agreements, Mitigation Monitoring Plans, and Conditions of Approval. Based on staff’s investigation, all of the aggregate operations are determined to be in substantial compliance with the provisions of SMARA, the OCMP, and individual Development Agreements.

BACKGROUND
 
On July 30, 1996, the Board of Supervisors adopted the Off-Channel Mining Plan and its implementing ordinances, which provide the regulatory framework for mining and reclamation within the Cache Creek Area Plan. There are currently eight mining operations that have approvals to mine under the regulatory framework of the OCMP. These operations include CEMEX, Granite-Capay, Granite-Esparto, Syar Industries, Teichert-Esparto, Teichert-Woodland, Teichert-Schwarzgruber, and Teichert-Shifler.  
 
Of these eight operations, four actively mined aggregate material in 2021 - Cemex, Granite-Capay, Teichert-Esparto, and Teichert-Schwarzgruber.  The Teichert-Shifler operation was permitted in January 2022, and is not subject to this compliance report. 
 
Production figures for individual mining operations are proprietary and may not be included in this report. However, staff has reviewed sales figures and production data provided by the operators, which shows that none of the mining operators exceeded their allocations in 2021.  In 2021, a total of 3,185,623 tons were sold.  This amount represents a 3.91% decrease from 2020’s total (3,324,791 million tons sold).  For comparison, the five-year running average for cumulative tonnage sales is 3,207,735.  A chart displaying the historic cumulative tonnage sales has been included as Appendix C.
 
Summary of Mining and Reclamation Activities in 2021
 
The following is a snapshot description of each mining operation in 2021, which includes a brief summary of mining and reclamation activities, including any permits or modifications approved by the County during the reporting year.
 
Cemex
 
Mining and Reclamation Activity in 2021:  CEMEX has finished mining in Phase 3 and recently closed the alluvial separator between Phases 3 and 4.  CEMEX is currently mining in the eastern portion of Phase 4 by combination of excavator and dredge.  CEMEX has started to backfill the west side of Phase 4 for a return to agriculture. 
 
In addition, Sagara Farms has started the process of re-leveling the Phase 1 field for reclamation to agriculture.  Once Sagara Farms finishes the initial re-leveling of the Phase 1 field, Sagara will distribute the stockpiled soil on the south side of Phase 1 across the Phase 1 field.  Once that soil is distributed, Sagara will laser level the field one more time in preparation for crop plantings.
 
In October 2019, CEMEX installed a rock-swale BMP that will allow water to flow into a riparian depression north of Orrick Pit 2.  This rock-swale, combined with previous leveling of the area, will prevent rainfall from flowing into the pit which had previously caused erosion.  The riparian depression will benefit by having additional water directed into the area from rainfall.  The 2021 Annual Report prepared by the operator indicates that this rock-swale BMP is in good condition.  This was confirmed during the annual inspection completed in November 2021; however, soil stockpiles had been temporarily placed in a location that could reduce effectiveness of the rock drainage swale.  As part of the annual inspections, staff continues to monitor the status/effectiveness of the drainage swale. The next inspection for CEMEX will be done in November 2022.
 
Staff deems the CEMEX facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2021: During 2021, staff continued review of the CEMEX application filed in February 2018 that addresses several operational changes. 
 
Inspection and Financial Assurance: The CEMEX facility was inspected on November 29, 2021. CEMEX currently maintains financial assurances in the amount of $6,061,201. 
 
Granite-Capay
 
Mining and Reclamation Activities in 2021:  
 
In 2021, Granite dry mined both the East and West Cells of Phase 2
 
Granite continued to pump wash fines into Phase 1A to raise the ground level for future agricultural reclamation.
 
Permit Activity in 2021:  In December 2019, Granite Construction Company submitted an application to modify operations at the approved Granite Capay and Granite Esparto mining sites; however, the application was withdrawn by the applicant in July 2021. 
 
Inspection and Financial Assurance: The Granite-Capay facility was inspected on November 29, 2021. Granite maintains financial assurances in the amount of $1,934,721.00.
 
Staff deems the Granite-Capay facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
 
Granite-Esparto
 
Mining and Reclamation Activities in 2021: Per the original permit approvals, mining is not permitted to begin at the Esparto site until mining is completed at the Granite-Capay site, and no sooner than 2021.  The Granite-Esparto Mining and Reclamation Permit was approved by the Board of Supervisors on November 8, 2011. The 30-year permit allows for aggregate extraction and processing from a 313-acre mining area on portions for two adjacent parcels (APNs 048-220-015 and -022) subject to conditions of approval. In accordance with the approved reclamation plan, the site is to be reclaimed to ±44 acres of habitat, ±112 acres of agriculture, and ±157 acres of open water pond.  Mining has not commenced at the Granite Esparto site, as the Granite Capay site is still actively mining.
 
Permit Activity in 2021: In December 2019, Granite Construction Company submitted an application to modify operations at the approved Granite Capay and Granite Esparto mining sites; however, the application was withdrawn by the applicant in July 2021. 
 
Inspection and Financial Assurance: The Granite-Esparto site is still in agricultural production and has not been mined. Therefore, an inspection was not done in 2021.
  
Syar Industries
 
Mining and Reclamation Activities in 2021: Syar remained idle in 2021 and did not mine any material. The Planning Commission approved an Interim Management Plan (“IMP”) (ZF #2011-0049) for Syar Industries on December 8, 2011, which was valid for five years. On October 13, 2016, the Planning Commission approved an extension of the IMP through October 2021.  In May 2021, Syar submitted an application for a final five-year extension of the site’s IMP.  The Planning Commission approved the five-year extension application on September 9, 2021. Syar maintains a quarry manager and other staff on-site during most days for site security and to conduct maintenance activities. The facility is fenced and access to the site is controlled by locked gates, and “No Trespassing” signs are clearly posted. Additionally, Syar installed a fence on the north side of Pond B and installed warning signs to deter fishing in the pond.
 
Staff deems the Syar facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2021:  As mentioned previously, Syar filed an application (ZF #2021-0021) in May 2021 for its final five-year extension of its IMP. The Planning Commission approved the application on September 9, 2021.
 
Inspection and Financial Assurance: The Syar facility was inspected on November 29, 2021. Syar maintains financial assurances in the amount of $2,539,487.32.
 
Teichert-Esparto
 
Mining and Reclamation Activities in 2021:  As referenced in prior reports, creek bank erosion occurred at the Teichert-Esparto site during the 2016-2017 water year.  Extensive interior fill material has been built inside the plant area, adjacent to the creek, in case of further damage and potential lateral movement at the erosion site.  A field inspection of the site was conducted on October 13, 2021, by a professional engineering firm.  Their report concluded that levee setback locations along the creek have not changed from their 2019 and 2020 inspections.  The creek bank conditions appeared to be stable.  No additional significant erosion occurred during the 2020-2021 rain year.  The report noted that vegetation is now growing along the levee toe adjacent to Cache Creek.           
 
The Esparto Plant had been idle since May 2017; however, mining activity resumed at the Teichert Esparto site in August 2019 and continued until August 2020, when the Esparto Plant was temporarily shut down.  Staff has recently been advised that mining activity at the Teichert Esparto site resumed in 2022 and the mine site is in active status.
 
Staff deems the Teichert-Esparto facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2021: None
 
Inspection and Financial Assurance: The Teichert-Esparto facility was inspected on November 23, 2021. Teichert maintains financial assurances in the amount of $1,356,651.
 
Teichert-Schwarzgruber
 
Mining and Reclamation Activities in 2021:
 
In February 2021, a minor modification to the reclamation plan (ZF #2021-003) was approved to allow for enhanced riparian reclamation habitat creation within the setback areas. The Reclamation Plan revisions would result in the reclamation of the off-channel portion of the Project Site to include an additional approximately 7.5 acres of riparian habitat and a corresponding reduction in the area reclaimed to grasslands.
 
The additional wetland and riparian habitat will be created by installing terraces at appropriate elevations along the western and northern edge of the seasonal pond, modifying the locations and configurations of the proposed riparian wetland nodes, and installing terraces at appropriate elevations along portions of the edge of the existing ponds.
 
An inspection by a professional engineering firm was made of the perimeter levee along Cache Creek on October 13, 2021. No erosion or bank instability was noted, and drainage appears to be adequate.  Some reclamation work along the Cache Creek levee and north levee has begun.
 
Staff deems the Teichert Schwarzgruber facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and its approved Development Agreement.
 
Permit Activity in 2021: A minor modification to the reclamation plan (ZF #2021-003) was approved on February 16, 2021 to allow for enhanced riparian reclamation habitat creation within the setback areas.
 
Inspection and Financial Assurance: The Teichert-Schwarzgruber facility was inspected on November 23, 2021. Teichert maintains financial assurances in the amount of $717,307.
 
Teichert-Woodland Properties
 
Mining and Reclamation Activities in 2021:
 
The Woodland aggregate processing plant site, including equipment and wash ponds operated at full processing capacity.  Mining in the Muller Property (Phase I) is complete.  Sign-off of the Muller 30 agricultural reclamation has been granted.  Additionally, reclamation and planting are complete at the Muller Pond, referred to as Muller 90.  Natural Resources Division and Division of Mine Reclamation (“DMR”) staff conducted the final inspection of the Muller 90 property in October 2020, and determined reclamation was complete, and the site has been reclaimed in accordance with the approved final reclamation plan. DMR authorized release of the financial assurances for the site in November 2020.  Sign-off of the Muller 90 property and release of the financial assurances was approved by the Planning Commission on December 10, 2020.
 
Mining and reclamation activities on the Coors Property (Phase II).  The property is now being maintained and monitored for reclamation sign off.  Mining in the Storz Property (Phase III) began in 2009 and was completed in 2017.  Reclamation work is now under way.  
 
Staff deems the Teichert-Woodland facility and properties to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), and their approved Development Agreements.
 
Inspection and Financial Assurance:  The Teichert-Woodland facility and associated mining properties were inspected on November 23, 2021.  Teichert maintains financial assurances in the amount of $1,520,852.00 for the Woodland Properties (plant site and mining areas).
 
Summary of OCMP Program Updates in 2021
 
Overview of Cache Creek Area Plan Second 10-Year Mining and Reclamation Permit Review
 
The Cache Creek Area Plan (CCAP) requires a mandatory “interim” review of all aspects of the gravel program every ten years including the plans, regulations, and permits.  The interim review concept has been integral to the CCAP since its inception.  It integrates the “adaptive management” of the program and ensures that the approved mining and reclamation permits have regular reviews to apply subsequent environmental regulations and statutory provisions.  During 2020, staff reviewed each operators’ permits, conditions of approval and compliance status.  Staff then met and conferred with each mine operator individually to update conditions as necessary and ensure compliance. 

The proposed modified conditions of approval and compliance status for the CEMEX, Syar, and Teichert mining operations were approved by the Planning Commission in February 2021. Review of the conditions of approval and compliance for these operators resulted in staff’s determination that each operator was in substantial compliance with conditions of approval and SMARA.  
 
Granite Construction has two mining permits under the CCAP (Granite-Capay and Granite-Esparto) and has requested additional time to participate in this process as Granite has been involved in other negotiations with the County pertinent to this review.  Therefore, conclusions regarding Granite’s permit reviews will be processed separately from the permit reviews brought before the Commission and will be presented at a future Planning Commission meeting.
 
Attachment D of this report includes all Conditions of Approval (COAs) for each mine operator, as well as a status of each COA, as detailed in each operator’s annual report.  Any information within the COAs that is deemed confidential (individual operators’ production information) has been redacted.  Based on staff’s review of COAs, Annual Reports and annual SMARA inspections, all aggregate operations are determined to be in substantial compliance with the provisions of SMARA, the OCMP, and individual Development Agreements.

 

None