Receive and accept a proposal and the substantiation in support of finding equivalency provided by Teichert Materials for agricultural mitigation required by Condition of Approval No. 35 and Mitigation Measure 4.2-1 for Teichert Shifler Mining Phase B. (No general fund impact) (Echiburu/Sabatini)

Receive and accept proposal, and the substantiation in support of finding equivalency provided by Teichert Materials for agricultural mitigation required by Condition of Approval No. 35 and Mitigation Measure 4.2-1 for Teichert Shifler Mining Phase B.

On January 11, 2022, the Yolo County Board of Supervisors certified an Environmental Impact Report (SCH#2019089053) and approved a Mining Permit and Reclamation Plan (ZF2018-0078) for Teichert Materials to mine aggregate resources on 264.1 acres of agricultural land within the regulatory boundaries of the Cache Creek Area Plan (Minute Order No. 22-04).  To offset the project's impacts on agricultural resources, Teichert is required to establish a permanent agricultural conservation easement prior to commencement of mining activity within each approved mining phase (Condition of Approval No. 35 and Mitigation Measure 4.2-1).  The project's agricultural mitigation requirements have been included to this staff report as Attachment A.

The approved mining plan for the Shifler site identified two distinct phases, beginning with Phase A, which will disturb approximately 61.8 acres of mapped Prime and Unique Farmland, and continuing with Phase B, which will disturb approximately 202.3 acres of mapped Prime Farmland and Farmland of Statewide Importance.  On April 12, 2022, the Board of Supervisors accepted the mitigation proposal and the substantiation in support of finding equivalency for the impacted farmland for Phase A (Minute Order No. 22-44; Item No. 14).  The resulting Grant Deed of Agricultural Conservation Easement and Permanent Restrictions on Use was recorded on May 29, 2022 (Clerk/Recorder Document No. 2022-0012967) and protects 71.833 acres of Prime Farmland within a "Priority Conservation Area"  defined by the County's Agricultural Conservation and Mitigation Program. 

This staff report focuses on Teichert's proposal for mitigating farmland impacts associated with Mining Phase B. 

On October 12, 2022, Teichert submitted a memorandum to the Department of Community Services - Planning Division that describes a proposal to establish a conservation easement on an agricultural property located near the City of Woodland.  The memorandum from Teichert has been included as Attachment B to the staff report.  Prior to commencement of Phase B mining activities, which are anticipated to begin in 5 years depending on market conditions, Teichert proposes to permanently conserve approximately 80 acres of a 100-acre agricultural property (APN: 025-340-027) that is immediately adjacent to the City of Woodland city limits (west of County Road 98 and north of County Road 20).  Being located adjacent to the City of Woodland, and therefore within a Priority Conservation Area, the proposed mitigation site qualifies for the reduced 1:1 mitigation ratio.  Additionally, the property has no encumbrances or deed restrictions, is not under public ownership, and is not subject to physical conditions that practicably prevent converting the property to non-agricultural uses.  The property has two homes and is subject to a Williamson Act contract (No. 78-091); however, this does not preclude the property from serving as agricultural mitigation land. 

On November 18, 2022, the Planning Division submitted a memorandum to the Natural Resources Division documenting its review of Teichert's proposal.  The memorandum from the Planning Division is included as Attachment C to this staff report.  Planning staff concluded that the proposed mitigation site is equivalent to or better in quality and capability than the impacted mining site.  Based on this conclusion, the Natural Resources Division recommends that the Board of Supervisors accept Teichert's proposal and the substantiation in support of finding equivalency, as required by Teichert Shifler project Condition of Approval No. 35 and Mitigation Measure 4.2-1.

Natural Resources Division staff collaborated with staff from the Planning Division and the Office of County Counsel.