Public hearing and presentation by Yolo County Division of Natural Resources of the 2022 Annual Compliance Report on off-channel gravel mining within the boundaries of the Cache Creek Area Plan. (Planners: R.Miller/E.Sabatini)

Staff recommends that the Planning Commission:

Pursuant to Article 7 (Annual Reports) of the Off-Channel Surface Mining Ordinance (OCSMO), the aggregate producers in Yolo County are required to provide annual reporting of their operations along Cache Creek to the County by November 1 of each year (Chapter 4 of Title 10, Yolo County Code of Ordinances). The report to the Planning Commission, consistent with County Code Section 10-4.703 of the OCSMO, is based upon independent staff analysis, field inspections, and information contained in annual reports submitted by the mining operators. Staff reviewed each site’s compliance with the applicable regulations, including SMARA, the OCMP (including the Off-Channel Surface Mining Ordinance and Surface Mining Reclamation Ordinance), and individual permit approvals and Development Agreements (including Mitigation Monitoring and Reporting Programs and Conditions of Approval). Based on staff’s investigation, all 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 (OCMP) and its implementing ordinances. The OCMP and ordinances 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-Shifler, Teichert-Woodland, and Teichert-Schwarzgruber.  Approvals for Granite Esparto state that the site cannot commence mining operations until 2021 (or when mining is completed at the Granite-Capay site, whichever occurs later). The Teichert-Shifler mining operation was approved by the Board of Supervisors in January 2022.

Five mining operations actively mined aggregate material in 2022: CEMEX, Granite-Capay, Teichert-Esparto, Teichert-Schwarzgruber and Teichert-Shifler (Shifler commenced earthwork in July 2022).  Syar Industries LLC (Madison Sand and Gravel) remained idle in 2022 under an approved Interim Management Plan. An Interim Management Plan is a temporary plan designed to address public health, safety, and environmental issues while the site remains idle.  Teichert’s Esparto plant facility was paused in September 2020; however, due to lowered groundwater levels in 2022, mining resumed at the site. Teichert concluded mining at its Woodland Storz facility in May 2017, and began reclamation, which is still underway.  
 
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 2022.  In 2022, a cumulative total of 3,302,925 million tons were sold, representing a 3.68% increase over 2021’s total of 3,185,623 million tons sold.  A table showing cumulative tonnage sales throughout the history of the CCAP has been provided as Attachment C.

Summary of Mining and Reclamation Activities in 2022
 
Following is a “snapshot” description of each mining operation in 2022, which includes a summary of mining and reclamation activities, including any permits or modifications approved by the County during the reporting year.

 

 

Mining and Reclamation Activity in 2022: CEMEX has finished mining in Phase 3 and recently completed 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 started the process of re-leveling the Phase 1 field for reclamation to agriculture.  Once the initial re-leveling of the Phase 1 field is finished, Sagara will distribute the stockpiled soil on the south side of Phase 1 across the Phase 1 field.  After the soil is distributed, Sagara will laser level the field one more time in prep for crop plantings.

In October 2019, CEMEX installed a rock-swale BMP that would allow water to flow into a riparian depression north of Orrick Pit 2.  This rock-swale, combined with previous leveling of the area, prevents rainfall from flowing into the pit which had previously caused erosion.  The riparian depression benefits by having additional water directed into the area from rainfall.  The 2022 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 2022.  Soil stockpiles that had been temporarily placed in the vicinity of the rock swale have been removed.  As part of the annual inspections, staff continues to monitor the status and effectiveness of the drainage swale. The next inspection for CEMEX will be done in November 2023.

Permit Activity in 2022: During 2022, staff continued the environmental review of the CEMEX application filed in February 2018 that addresses several operational changes (ZF #2018-0015). 

Inspection and Financial Assurance: The CEMEX facility was inspected on November 29, 2022. CEMEX currently maintains financial assurances in the amount of $6,061,201.00.

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), Conditions of Approval and its approved Development Agreement.

Granite-Capay

 
Mining and Reclamation Activities in 2022: In 2021, Granite mined both the East and West Cells of Phase 2 using an excavator.  In 2022, Granite continued to mine the West Cell and began mining in the Central Cell using a loader, excavator, and haul truck.  In 2023, Granite will continue mining in the Central Cell using front end loaders.  Granite continued to pump wash fines into Phase 1A to raise the ground level for future agricultural reclamation.

Permit Activity in 2022: None

Inspection and Financial Assurance: The Granite-Capay facility was inspected on November 29, 2022. 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), Conditions of Approval and its approved Development Agreement.

            Granite-Esparto
 
Mining and Reclamation Activities in 2022: No mining activity occurred at the Granite Esparto site in 2022. As per the original permit approvals, mining is not permitted to begin at the site until mining is completed at the Granite-Capay site, and no sooner than 2021. As discussed above, mining at the Granite-Capay site remains ongoing.  

Permit Activity in 2022: None

Inspection and Financial Assurance: The Granite-Esparto site is still in agricultural production and has not been mined. Therefore, no SMARA inspection or financial assurance is required.

Staff deems the Granite-Esparto facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), Conditions of Approval and its approved Development Agreement.

Syar Industries LLC

 

Mining and Reclamation Activities in 2022: Syar remained idle in 2022 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, which was to remain in effect for five additional years, or until such time as the mining operation may resume active status prior to October 2021. In May 2021, Syar applied 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 for site security and to conduct maintenance activities. The facility is fenced, 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.

In September 2022, staff was advised that the Syar Madison mine site had been acquired by Vulcan Materials Company.  The site is now named “Madison Sand and Gravel,” and the mine ownership has changed to Syar Industries LLC.  All necessary filings regarding the change of ownership have been submitted to the State’s Division of Mine Reclamation.  Despite the change of ownership of the site, it remains inactive, with the Interim Management Plan still in place.

Permit Activity in 2022: None.
 
Inspection and Financial Assurance: The Syar facility was inspected on November 29, 2022. Syar maintains financial assurances in the amount of $2,651,673.73.

Staff deems the Madison Sand and Gravel facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), Conditions of Approval and its approved Development Agreement.

 

 
Mining and Reclamation Activities in 2022: As referenced in prior reports to the Commission, 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, 2022, 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 2021-2022 rain year.  The report noted that vegetation is now growing along the levee toe adjacent to Cache Creek.  This was confirmed by staff during the most recent inspection in November 2022.       

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, then the Esparto Plant was temporarily shut down.  Due to drought-related lower groundwater levels, mining activity at the Teichert Esparto site resumed, and the mine site was in “active” status as of the most recent inspection in November 2022.

Permit Activity in 2022: None

Inspection and Financial Assurance: The Teichert-Esparto facility was inspected on November 28, 2022. Teichert maintains financial assurances in the amount of $1,379,559.00.

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), Conditions of Approval and its approved Development Agreement.
 

Mining and Reclamation Activities in 2022:

An inspection of the perimeter levee along Cache Creek was completed by a professional engineering firm in October 2022. No erosion or bank instability was noted in their report, and drainage appears to be adequate.  Some reclamation work along the Cache Creek levee and north levee has begun.  At the time of the November 2022 inspection, excavation of the slopes on the south and east sides of the wet pit was underway in preparation for future reclamation work.

Permit Activity in 2022: None

Inspection and Financial Assurance: The Teichert-Schwarzgruber facility was inspected on November 28, 2022. Teichert maintains financial assurances in the amount of $732,447.00.

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), Conditions of Approval and its approved Development Agreement.

Teichert-Shifler

Mining and Reclamation Activities in 2022: Earthwork (i.e., removal of overburden and construction of landscape berms) began in July 2022.  Actual mining of aggregate materials began in late-summer 2022.  Mined aggregate material is processed through the adjacent Teichert Woodland plant site.  Material is transferred to the plant site via a conveyor system. Since mining activity at the site did not begin until late-summer 2022, the operator did not submit an annual report in 2022 which would have discussed the prior 12 months’ operation.

Permit Activity in 2022: The Board of Supervisors approved the Teichert Shifler Mining and Reclamation application on January 11, 2022 (ZF #2018-0078).  The permit involves the extraction of sand and gravel resources on 264.1 acres of a 319.3-acre site, with other project-related uses occurring on the remaining 55.2 acres.  Mining of a maximum of 35,400,000 tons (30,000,000 tons sold) of aggregate resources will occur over a 30-year period at an annual rate not-to-exceed a maximum of 2,117,648 tons mined per year (1,800,000 tons sold).  Reclamation of disturbed areas of the site is proposed to agricultural, habitat, and open space uses. 

Inspection and Financial Assurance: The Teichert-Shifler facility was inspected on November 28, 2022.  Teichert maintains financial assurances in the amount of $927,989.07 for the Shifler site.

Staff deems the Teichert-Shifler facility to be in substantial compliance with the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), Conditions of Approval and its approved Development Agreement.

Teichert-Woodland Properties

Mining and Reclamation Activities in 2022: 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 in December 2020.

Mining in the Coors Property (Phase II) is complete, and reclamation activities are also complete.  The property is now in agricultural use and is being maintained and monitored for reclamation sign off.  Mining in the Storz Property (Phase III) began in 2009 and was mined until 2017, when mining was completed.  Reclamation work is now under way.  

Beginning in 2017, the Woodland Plant began processing material from the Schwarzgruber mine site.  The Woodland Plant now receives material from the Teichert-Shifler operation.

Permit Activity in 2022: None.

Inspection and Financial Assurance: The Teichert-Woodland facility was inspected on November 28, 2022.  Teichert maintains financial assurances in the amount of $1,043,616.00 for the Woodland Properties sites (Coors and Storz) and $520,830.00 for the Woodland plant site.

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), Conditions of Approval and their approved Development Agreements.

Summary of OCMP Program Updates in 2022/2023

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 (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 operations).  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.) 

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 primarily focused on the Cache Creek Resources Management Plan (CCRMP).  In March 2007, the Board of Supervisors approved a ten-year review of the mining permit and 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’s certification of the CCAP Update 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 ten-year review of all approved mining and reclamation permits. After the updates to the program were adopted, County Staff, in a collaborate effort with the mining operators, began reviewing each approved surface mining permit for the purpose of amending the permit to bring it into conformance with the newly adopted regulations and statutory changes.

The Planning Commission approved modifications to the conditions of approval for the CEMEX (ZF #95-093), Syar (ZF #98-010), Teichert Esparto (ZF #95-094), Teichert Schwarzgruber (ZF #2011-0035), and Teichert Woodland (ZF #95-095) mining and reclamation permits on February 11, 2021, and modifications to the conditions of approval for the Granite Capay (ZF #2001-096) and Granite Esparto (ZF #2007-071) mining and reclamation permits on February 9, 2023, completing the second ten-year review.

Staff’s Compliance Determination

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 and confirmed by staff.  Any information within the COAs that is deemed confidential (individual operators’ production information) has been redacted. 

Review of the conditions of approval and compliance for the operations described above resulted in staff’s determination that each operation was in substantial compliance the California Surface Mining and Reclamation Act (SMARA), the Off-Channel Mining Plan (OCMP), Conditions of Approval and their approved Development Agreements.

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.