NR #2023-01: Consider the Cache Creek Area Plan ("CCAP”) Second Ten-Year Mining and Reclamation Permit Review for the Granite Capay Mining and Reclamation Permit (ZF #2001-096) and the Granite Esparto Mining and Reclamation Permit (ZF #2007-071) as a result of the Second 10-Year Cache Creek Area Plan Permit Review process.  An Environmental Impact Report (SCH #2017052069) was certified on December 17, 2019, for the CCAP Update. (Owner: Granite Construction Company; Planner: Elisa Sabatini, Manager of Natural Resources)

Background
 

The Cache Creek Area Plan (“CCAP”) requires a mandatory “interim” review of all aspects of the gravel program every ten years including the plans (i.e., Off-Channel Mining Plan and Cache Creek Resources Management Plan), regulations (i.e., Mining Ordinance, Reclamation Ordinance, In-Channel Ordinance, and Gravel Mining Fee Ordinance), and permits (i.e., all permitted operators). 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 which should be made applicable to the mining operation.”  (County Code §§ 10-4.605 & 10-5.814.)  

Excerpts of the language authorizing the ten-year permit review are provided as Attachment A.  The first ten-year program review was completed in 2006/2007.  In July 2006, the County released a report entitled “2006 Cache Creek Status and Trend Analysis,” which focused primarily on the Cache Creek Resources Management Plan.  In March 2007, the Board of Supervisors approved a ten-year review of the mining permits and mining fees, which included minor modifications to the conditions of approval for all approved operations, and a comprehensive adjustment to the gravel mining fee ordinance (now extending through 2026).

The second ten-year program review was partially completed on December 17, 2019, with the Board of Supervisors’ certification of the CCAP Update Environmental Impact Report (“EIR”) and adoption of the CCAP Update, which comprehensively updated and modernized the entire program.  The purpose of the CCAP Update was to analyze trends and adjust the program to avoid unexpected effects on creek resources, focusing on changes in creek conditions, analysis of collected data, and new regulatory requirements.  The CCAP Update provided the foundation for the required subsequent 10-year permit review. 

The second 10-year review for the other mining operations governed by the Cache Creek Area Plan (i.e., CEMEX [ZF #95-093], Syar Industries [ZF #98-010], Teichert Esparto [ZF #95-094], Teichert Schwarzgruber [ZF #2011-0035], and Teichert Woodland [ZF #95-095]) was substantially completed on February 11, 2021, after a public hearing and Planning Commission approval.  The second 10-year review for the two Granite permits – Granite Capay (ZF #2001-096) and Granite Esparto (ZF #2007-071) – was not included at that time per a request from Granite to allow additional time to complete the process and to resolve a dispute about the applicability of updated agricultural mitigation measures.  County staff concurred with the request. 

Upon completion of this second ten-year permit review for the two Granite operations, the second mandatory 10-year program review will be complete, with the next 10-year review occurring around 2031.

Purpose of the Hearing

Section 10-4.605 of the Mining Ordinance and Section 10-5.814 of the Reclamation Ordinance specify that the Planning Commission must hold a hearing for the purpose of amending the mining and reclamation permits to bring them into conformance with applicable future environmental regulations and statutory changes.  Should the Commission decide permit modification is appropriate or necessary, the permits may be amended in accordance with Article 6 of Chapter 4, Title 10 of the Yolo County Code, relating to gravel mining permits.  Among other things, those provisions require the subject public hearing.

Summary of Proposed Permit Changes

Attachments B and C show the modifications to the Conditions of Approval that are recommended.  A substantially similar set of changes were made to the conditions of approval of the other operators in February 2021.  Differences between the operators are related solely to site-specific or operation-specific circumstances.     

Environmental Review

The second 10-year permit review for the two Granite permits is the final component of the 2019 CCAP Update for which the 2019 CCAP Update Final EIR (SCH #2017052069) provided the required clearance under the California Environmental Quality Act.  The CCAP Update Final EIR was certified by the Board of Supervisors on December 17, 2019 (Minute Order No. 19-163).  No further environmental impact analysis is required.

Any person who is dissatisfied with the decisions of this Planning Commission may appeal to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board within fifteen (15) days from the date of the action. A Planning Commission Appeal Form and appeal fee immediately payable to “County of Yolo” must be submitted at the time of filing. The Board of Supervisors may sustain, modify or overrule this decision. The Planning Commission Appeal Form can be accessed at the following link:

https://www.yolocounty.org/government/board-of-supervisors/clerk-of-the-board/planning-commission-appeal