Staff recommends that the Planning Commission:

1. Receive a staff presentation, hold a public hearing, and receive comments on the 2023 Annual Compliance Report; 

2. (a) Determine that the CEMEX operation (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 this determination (see Attachment B); 

3. (a) Determine that the Granite Capay operation (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 the Granite Esparto operation (no CA MINE ID issued) is in substantial compliance with 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 the Syar Industries LLC Madison Sand and Gravel operation (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 the Teichert Esparto operation (CA MINE ID 91-57-0011) is in substantial compliance with SMARA, the OCMP and the Development Agreement (#96-290, as amended); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);

7. (a) Determine that the Teichert Schwarzgruber operation (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); 

8. (a) Determine that the Teichert Woodland Plant and Properties operations (CA MINE IDs 91-57-0002 & 91-57-0012) are 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); and

9. (a) Determine that the Teichert Shifler operation (CA MINE ID 91-57-0024) is in substantial compliance with SMARA, the OCMP, and the Development Agreement (#22-16); and (b) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B).

By November 1st of each year, 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 operations along Cache Creek to the County. 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 annual reports submitted by the mining operators. Staff reviewed each site’s compliance with the applicable regulations, including SMARA, the OCMP (including its implementing ordinances: the Off-Channel Surface Mining Ordinance and the Surface Mining Reclamation Ordinance), and individual permit approvals and Development Agreements ("DA" or "DAs"), including Mitigation Monitoring and Reporting Programs ("MMRP") and Conditions of Approval ("COA"). 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 and its implementing ordinances. Together, they provide the regulatory framework for mining and reclamation within the Cache Creek Area Plan planning area. 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, Madison Sand and Gravel (formerly Syar Industries), Teichert Esparto, Teichert Shifler, Teichert Woodland, and Teichert Schwarzgruber. Approvals for the Granite Esparto operation 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 and began mining operations in late summer of 2022.

PROJECT DESCRIPTION
Five mining operations actively mined and/or sold aggregate material in 2023: CEMEX, Granite Capay, Teichert Esparto, Teichert Schwarzgruber and Teichert Shifler (via the Teichert Woodland Plant). The Syar Industries LLC Madison Sand and Gravel operation remained idle in 2023 under an approved Interim Management Plan.

Production figures for individual mining operations are proprietary and may not be included in this report. However, staff have reviewed sales figures and production data provided by the operators, which shows that none of the mining operators exceeded their allocations in 2023. In 2023, a cumulative of 3,062,843 million tons were sold, representing a 7.2% decrease over 2022’s total of 3,302,925 million tons sold.

SUMMARY OF MINING AND RECLAMATION ACTIVITIES IN 2023
Following is a “snapshot” description of each mining operation in 2023, which includes a summary of mining and reclamation activities, including any permits or modifications approved by the County during the reporting year.

CEMEX

Mining and Reclamation Activity: CEMEX has been reducing and consuming the stockpiles of processed material in Phase 2 in preparation for the forthcoming Phase 2 reclamation. The dredge is operating in the southeast area of Phase 4. The alluvial separator which bifurcates Phases 3 and 4 has been completed. Excavation of Phase 5’s Snyder West Pit 2 has commenced. Backfill of the west side of Phase 4 (for future return to agriculture) has also commenced. In addition, 110 acres of Phase 1 have been reclaimed to agriculture.

In October 2019, CEMEX installed a rock-swale that would allow water to flow into a riparian depression north of Orrick Pit 2. The 2023 Annual Report prepared by the operator’s professional engineering consultant indicates that this rock-swale is in good condition, with a recommendation to add additional cobble near the top of the rock swale. The condition of the rock-swale was confirmed during the annual inspection completed in November 2023. Staff continues to monitor the status and effectiveness of the drainage swale. The next inspection for CEMEX will be done in November 2024.

Permit Activity: During 2023, staff continued review of the Major Mining and Reclamation Plan Amendment (ZF #2018-0015), filed in February 2018, that addresses several operational changes and other requests from the operator.

Inspection and Financial Assurances: The CEMEX operation was inspected on November 29, 2023. CEMEX currently maintains financial assurances in the amount of $6,061,201.00.

Compliance Determination: In April 2022, CEMEX filed an application for a Minor Modification for an interim phasing sequence change to allow dry mining on up to 20 acres of Phase 6 of their Mining Plan while the County completes processing of the Major Mining and Reclamation Plan Amendment Project pending under ZF #2018-0015 (“Pending Major Modification”). The 20-acre interim mining area will be a part of Phase 5 of the Mining and Reclamation Plan Amendment Project that is pending under County ZF #2018-015.

The Minor Modification was approved in May 2022 and included 12 COAs. CEMEX is currently not in compliance with COAs #3 and #11, as discussed below. These conditions are of an administrative/contractual nature and do not impact actual mining operations at the site. The current non-compliance status does not violate any Federal Mine Safety and Health Administration (MSHA) standards, California Surface Mining and Reclamation Act (SMARA) statutes, nor impact or create any health, safety, or environmental issues.

Staff has ongoing discussions with the operator to ensure compliance and/or resolution of pending issues as expeditiously as possible on these two conditions. The operator has been advised that the Pending Major Modification cannot be scheduled for Planning Commission or Board of Supervisors’ review and action until compliance/resolution on both are reached.

Except for the above-referenced COA compliance issues that are administrative/contractural in nature, staff deem the CEMEX operation to be in substantial compliance with the remaining COAs, SMARA, the OCMP, and the operation's approved DA. 

GRANITE CAPAY

Mining and Reclamation Activity: In 2022, Granite mined the west cell and began mining in the Central Cell via loader, excavator, and haul truck. In 2023, Granite continued mining in the Central Cell using front end loaders. In 2024, Granite will mine the Central and Eastern Cells with front end loaders and a dragline excavator. Granite continued to pump wash fines into Phase 1A to raise the ground level for future agricultural reclamation.

Permit Activity: Granite applied for a 10-year permit extension in October 2023. This application is still under review by County staff.

Inspection and Financial Assurances: The Granite Capay operation was inspected on November 29, 2023. Granite maintains financial assurances in the amount of $2,151,301.00.

Compliance Determination: Staff deem the Granite Capay operation to be in substantial compliance with SMARA, the OCMP, the permit's COAs, and the approved DA.

GRANITE ESPARTO

Mining and Reclamation Activity: No mining activity occurred at the Granite Esparto site in 2023. As per the original permit approvals, mining is not permitted to begin at the site until mining is completed at the neighboring Granite Capay site. As discussed above, mining at the Granite Capay site remains ongoing. The Granite Esparto site is still in agricultural use and has not been mined. During the SMARA inspection for the Granite Capay site in November 2023, staff noted that agricultural equipment was operating at the Granite Esparto site in preparation for planting.

Permit Activity: None

Inspection and Financial Assurances: SMARA inspections and financial assurances are not required until mining commences at the site.

Compliance Determination: Staff deem the Granite Esparto operation to be in substantial compliance with the OCMP, the permit's COAs, and the approved DA.

SYAR INDUSTIRES LLC MADISON SAND AND GRAVEL

Mining and Reclamation Activity: The Madison Sand and Gravel operation remained idle in 2023 and did not mine any material. The Planning Commission approved an Interim Management Plan (ZF #2011-0049) for Syar Industries, the operation’s previous owner, on December 8, 2011, which was valid for five years. On October 13, 2016, the Planning Commission approved an extension of the Interim Management Plan (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; therefore, the IMP is in effect until September 2026.

The operator maintains a quarry manager and other staff on site during most days 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, the operator installed a fence on the north side of Pond B and installed warning signs to deter fishing in the pond.

Permit Activity: None.

Inspection and Financial Assurances: The Madison Sand and Gravel operation was inspected on November 29, 2023. Syar Industries LLC maintains financial assurances in the amount of $4,531,115.00.

Compliance Determination: Staff deems the Madison Sand and Gravel operation to be in substantial compliance with SMARA, the OCMP, the permit’s COAs, and its approved DA.

TEICHERT ESPARTO

Mining and Reclamation Activity: As referenced in prior annual 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 10, 2023, by the operator’s consulting professional engineering firm. Their report concluded that levee setback locations along the creek have not changed from their 2022 inspection. The creek bank conditions appeared to be stable, but it was noted that additional erosion occurred along the north bank during the 2022-2023 rain year.

However, extensive interior stockpile fill material has been built inside the plant area, adjacent to north bank of Cache Creek, preventing flooding of the plant site. This stockpile was placed in case of further damage and potential lateral movement at the erosion site. The engineering firm did not have specific recommendations for addressing the erosion issue but advised that Teichert and its consulting engineering firm will continue to monitor the site and assess if there is need of repair. The report noted that vegetation is now growing along the levee toe adjacent to Cache Creek. County staff also inspects and monitors creek bank/potential erosion conditions during annual SMARA inspections.

The Teichert Esparto operation had been idle since May 2017; however, mining activity resumed at the site in August 2019 and continued until August 2020 when it was temporarily shut down. Due to drought-related lower ground water levels, mining activity at the site resumed in 2022. There was no mining activity occurring at the time of the November 2023 inspection; however, the mine site was in “Active” status, and not “Idle” – as defined per County Code Sec. 10-4.213 – as material was still being sold from existing stockpiles.

Permit Activity: None

Inspection and Financial Assurances: The Teichert-Esparto facility was inspected on November 28, 2023. Teichert maintains financial assurances in the amount of $1,497,779.00.

Compliance Determination: Staff deems the Teichert Esparto operation to be in substantial compliance with SMARA, the OCMP, the permit’s COAs, and its approved DA.

TEICHERT SCHWARZGRUBER

Mining and Reclamation Activity: An inspection of the perimeter levee along Cache Creek was completed by the operator’s professional engineering consultants in October 2023. No erosion or bank instability was noted in their report, and drainage appears to be adequate and functioning properly. Reclamation work along the Cache Creek levee and north levee has begun. At the time of the November 2023 inspection, reclamation work (i.e., grading) was occurring on the north and eastern portions of the site. Teichert concluded mining at the Schwarzgruber site in 2022. 

Permit Activity: None.

Inspection and Financial Assurances: The Teichert Schwarzgruber operation was inspected on November 28, 2023. Teichert maintains financial assurances in the amount of $781,723.00.

Compliance Determination: Staff deems the Teichert Schwarzgruber operation to be in substantial compliance with SMARA, the OCMP, the permit’s COAs, and its approved DA.

TEICHERT WOODLAND PLANT & PROPERTIES

Mining and Reclamation Activity: The Teichert Woodland aggregate processing plant site, including equipment and wash ponds, operated at full processing capacity. The Teichert Woodland Plant now receives material from the adjacent Teichert-Shifler operation.

Mining and reclamation activities at the Teichert Woodland Muller Property (Phase I) are complete. This property contained two distinct mining and reclamation areas: the “Muller 30” and the “Muller 90.” The Muller 30 was reclaimed to agriculture, and the site received reclamation sign-off in December 2013. The Muller 90 was reclaimed to habitat and received reclamation sign-off in November 2020. Furthermore, the Muller 90 property was dedicated by Teichert to the County as “Net Gains” in early 2024.

Mining and reclamation activities at the Teichert Woodland Coors Property (Phase II) are also complete. The property is now in agricultural use and is being maintained and monitored for reclamation sign off.

Mining at the Teichert Woodland Storz Property (Phase III) is complete, and reclamation activities continue at the site.

Permit Activity: None.

Inspection and Financial Assurances: The Teichert Woodland Plant and Properties were inspected on November 28, 2023. Teichert maintains financial assurances in the amount of $1,151,169.00 for the Teichert Woodland Properties Coors and Storz sites, and $552,946.00 for the Teichert-Woodland Plant.

Compliance Determination: Staff deems the Teichert Woodland Plant and Properties to be in substantial compliance with SMARA, the OCMP, the permits’ COAs, and the approved DAs.

TEICHERT SHIFLER

Mining and Reclamation Activity: 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. Mining at the site continues using excavators, scrapers, and haul trucks. Mined aggregate material is processed through the adjacent Teichert Woodland Plant site via a conveyor system. Within the mining area, approximately 73 acres north of the Moore Canal are disturbed.

Permit Activity: None.

Inspection and Financial Assurances: The Teichert Shifler operation was inspected on November 28, 2023. Teichert maintains financial assurances in the amount of $927,989.07.

Compliance Determination: Staff deems the Teichert Shifler operation to be in substantial compliance with SMARA, the OCMP, the permit’s COAs, and its approved DA.

SUMMARY OF OCMP PROGRAM UPDATES IN 2023

There were no OCMP Program Updates in 2023.

STAFF'S COMPLIANCE DETERMINATION

Review of the conditions of approval and compliance for the operations described above resulted in staff’s determination that each operator was in substantial compliance with conditions of approval and SMARA with exception of the two administrative/contractual conditions of approval referenced in the CEMEX portion of the report. Staff has ongoing discussions with CEMEX to ensure expeditious compliance.

Attachment D of this report includes all 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 (e.g., 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 DAs.

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.