ZF #2023-0034: Consider a request for approval of an amendment to the Granite Capay Mining and Reclamation Plan (ZF95-078) to extend the Permit expiration date by 10 years, from January 1, 2028, to January 1, 2038, and determine an Addendum to two previously adopted Environmental Impact Reports is the appropriate level of environmental review under the California Environmental Quality Act (CEQA). The project is located at 15560 County Road 87, approximately 0.1-miles northeast of the unincorporated community of Capay (APNs: 048-140-040, 048-220-018, and 048-220-016). (Applicant/Property Owner: Granite Construction Company) (Planner: Charlie Tschudin)

That the Planning Commission:

Cache Creek Area Plan Background
The Cache Creek Area Plan (CCAP) is a specific plan that provides the policy framework for mining operations in Yolo County. The CCAP is comprised of two separate plans: the Cache Creek Resources Management Plan (CCRMP) and the Off-Channel Mining Plan (OCMP).

The CCRMP was adopted on August 20, 1996, and is a river management plan that eliminated in-channel commercial mining along Cache Creek, established an "improvement program" for implementing ongoing projects to improve channel stability, encouraged restoration along the creek channel and banks, and established a framework for future recreation along the creek.  The CCRMP is implemented by the County’s In-Channel Ordinance (Title 10, Chapter 3 of the Yolo County Code).

The OCMP was adopted on July 30, 1996, and is an aggregate resource management plan that allows for off-channel mining adjacent to Cache Creek.  The OCMP provided a planning area boundary, and restricted mining to certain areas within that boundary for an initial 50-year period (1997-2046) that was extended to 2068 as part of the 2019 CCAP Update. The OCMP has facilitated the mining of a sufficient supply of aggregate to meet current and future market needs, while greatly increasing the level of environmental protection and monitoring related to such activities. In addition, the OCMP identifies specific goals, objectives, and actions to guide mining activities beyond the State-mandated requirements of the Surface Mining and Reclamation Act of 1975 (“SMARA”). The OCMP is implemented by the County’s Off-Channel Surface Mining Ordinance (“OCSMO”) and the County’s Surface Mining Reclamation Ordinance (“SMRO”) (Title 10, Chapters 4 and 5 of the Yolo County Code).

Granite Capay Mining Permit History
The County originally approved the Granite Capay Permit (Yolo County Mining Permit Number ZF#95-078 [“Mining Permit”], State Mine Identification Number 91-57-0014) on November 25, 1996, allowing for off-channel mining on 359 acres over a 30-year period. The Yolo County Board of Supervisors certified a project-level EIR in support of this approval (“1996 Granite Capay EIR,” SCH #96012035). The approval contemplated the potential need for extensions if aggregate reserves are still available at the end of the initial 30-year term. Granite is allowed to apply for extensions of up to 20 years. Upon cessation of mining activities, reclamation of the site will be to permanent lakes, habitat, and agricultural uses. Mining at the site commenced on January 1, 1998.

The Granite Capay mining operation is located north of Cache Creek between County Road 85 and County Road 87, approximately 0.1 mile north of the town of Capay and 1.2 miles north of the town of Esparto. Two of the three parcels that make up the site, APN 048-140-040 and 048-220-018, are zoned Agricultural Intensive with a Sand and Gravel Overlay (A-N [SG-O]), and the third parcel, APN 048-220-016, is zoned Agricultural Intensive with a Sand and Gravel Overlay (A-N [SG-O]) and Public Open Space (POS), as a portion of the parcel is within the Cache Creek Channel. The in-channel portions of the parcel designated as POS are not included in Granite’s approved mining plan area.

On December 3, 2002, the County approved a major amendment to the Granite Capay approval, allowing for deeper off-channel mining on 312 acres on portions of three parcels (APNs 048-140-040, 048-220-016, and 048-220-018) over the same 30-year Mining Permit term with revised phasing (ZF#2001-096). The Board of Supervisors certified a Supplemental EIR (SEIR) in support of this approval (“2002 Granite Capay SEIR,” SCH #2002062034). A maximum of 32.26 million tons can be mined and a maximum of 30.0 million tons can be sold from the Granite Capay operation over the term of the Mining Permit, which is currently set to expire on January 1, 2028.

In 2010, the County approved a separate future Granite mining location along Cache Creek, the Granite Esparto Project (ZF #2007-071).  Rather than authorize two concurrent operations, the County’s approval authorized the annual production allowances to be combined between the Capay operation and Esparto operation. The Granite Esparto mining cannot commence until mining at the Granite Capay site ceases. Accordingly, in any given year, tons sold from either the Capay operation or Esparto operation may be as high as 2,244,000 tons, provided the running 10-year average does not exceed 18,700,000 tons.

Proposed Amendment
At the Granite Capay Facility, the permitted, mineable aggregate reserves have been substantially depleted in mining Phases 1A, and1B, and the west cell of Phase 2. Granite anticipates the Facility would require up to 10 years beyond the current Mining Permit expiration date of January 1, 2028, to complete mining the remaining permitted reserves. 

On October 20, 2023, Granite submitted an application requesting a 10-year extension to the current Mining Permit.  Specifically, the applicant is requesting modification to the text Condition of Approval #5 of the Mining Permit to change the mining permit length from thirty (30) years to forty (40) years to account for the time anticipated to mine the remaining aggregate reserves at the site. The County’s original approval anticipated the potential for such extensions, authorizing Granite to apply to extend the permit by up to 20 years. No other changes to the approved Granite Capay operations are proposed.

The proposed extension of the Mining Permit for up to 10 years of additional mining activities will provide the operator time to complete mining of the available aggregate reserves at an existing mine site and will continue to provide an additional local source of aggregate material, while resulting in the approved reclamation uses and “net gains” described in the Development Agreement with the County. The project, as conditioned, is in compliance with the Countywide General Plan, Off-Channel Mining Plan, and Yolo County Code.

If approved, the amendment will contain an extensive set of conditions that will continue to regulate the use of the property to conduct mining activities and result in reclamation of the site to permanent lakes, habitat, and agricultural uses.  

It is important to note that should the amendment request be approved, future mining activities at the adjacent Granite Esparto site will be delayed as mining cannot commence at the Granite Esparto site until mining is completed at the Granite Capay site. Should the Granite Esparto site need a time extension on its existing approvals (which are currently set to expire in 2041), it would be processed under a separate project-specific permit amendment.

General Plan and Zoning Consistency
Surface mining operations are permitted in the Agricultural Intensive (A-N) zones through issuance of a Use Permit provided they are located within the Cache Creek Off-Channel Mining Plan area on lands within the Mineral Resources Overlay (MR-O) zone and when the operations are consistent with all policies and regulations of the Cache Creek Area Plan and its implementing ordinances, including: all applicable regulations in Title 10, Chapter 3 (Cache Creek Area Plan In-Channel Maintenance Mining Ordinance, Chapter 4 (Off-Channel Surface Mining), Chapter 5 (Surface Mining Reclamation), and Chapter 8 (Agricultural Surface Mining Reclamation Ordinance).

The Granite Capay Permit was issued on November 25, 1996, and has been implemented in accordance with the applicable local and state regulations since then. As authorized by Condition of Approval #5, the applicant is requesting to extend the life of the permit, which is set to expire on January 1, 2028, by 10 years, to January 1, 2038, consistent with the original Permit’s conditions of approval and County Code Section 10-4.426 (Permit Life). The continued operation of the Granite Capay facility and mining operations will continue to be implemented consistent with all applicable local regulations in Title 10, Chapter 3 (Cache Creek Area Plan In-Channel Maintenance Mining Ordinance, Chapter 4 (Off-Channel Surface Mining), Chapter 5 (Surface Mining Reclamation), and Chapter 8 (Agricultural Surface Mining Reclamation Ordinance), and the State-mandated requirements of the Surface Mining and Reclamation Act of 1975 (SMARA).

Analysis
The original Granite Capay mining permit approval contemplated the potential need for future extensions by allowing the operator to request up to 20-years beyond the original 30-year permit term. Since the 1996 approval, and the January 1, 1998, commencement of mining at the site, there have been multiple economic downturns that impacted the pace of mining. Additionally, heavy rains across various years have also hindered site operations from mining the total allowable aggregate amount in any given year. Granite anticipates needing 10 additional years to retrieve the remaining aggregate resources on the site to account for the market and weather delays that have occurred in the years since mining commenced.

Allowing Granite to extend the Permit life by 10 years will support previous County Board of Supervisors direction and County Natural Resources Division policies in support of retrieving the maximum amount of aggregate from any given site, without disturbing new land for potential new mines, and maintain the approved reclamation plan's future end uses to permanent lakes, habitat, and agriculture, and will not alter the intent or the conditions of the approved mining plan. The proposed project would not modify the existing production levels (both annual and cumulative), hours of operation, materials to be mined, equipment types, mining methods, or number of employees at the Capay Facility, or otherwise expand or intensify the existing permitted use. Changes to the existing approved Reclamation Plan are not being requested or required. The amendment to allow for a 10-year extension to the mining permit is consistent with the intent of the Cache Creek Area Plan and its implementing ordinances.

Importantly, without the extension, Granite will be required to end operations at the Granite Capay facility in 2028 without having removed the available materials, and will thus commence operations at the Granite Esparto facility sooner than necessary. The extension therefore maximizes the limited resources in the County while protecting farmland from being converted prematurely to non-agricultural uses.

California Environmental Quality Act (CEQA) Review
Pursuant to Section 15164 of the CEQA Guidelines, the County has reviewed the 1996 Granite Capay EIR and the 2002 Granite Capay SEIR that are relevant to the proposed request. Staff have concluded that the proposed project change will not trigger the need for either a subsequent EIR or a supplement to the previously adopted environmental documents, and that an “addendum” is the appropriate level of environmental review. The CEQA Addendum incorporates additions and changes to a previously-certified EIR when statutory conditions are met. Considering the nature of the underlying project, staff have determined that the 1996 EIR and 2002 SEIR certified for the Mining Permit remain relevant based on the analysis set forth in the attached Addendum (Attachment B). Moreover, the Granite Capay Permit Extension Project would be subject to ongoing Conditions of Approval, annual monitoring and inspections, and programmatic reviews to ensure the Facility is regulated by current standards.

As stated previously in the staff report, the proposed extension project would not modify the existing production levels (both annual and cumulative), hours of operation, materials to be mined, equipment types, mining methods, or number of employees at the Capay Facility, or otherwise expand or intensify the existing permitted use. Changes to the existing approved Reclamation Plan are not being requested or required.

Additionally, the Cache Creek Area Plan undergoes comprehensive 10-year reviews 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 impacting mining operations to ensure the existing projects’ conditions of approval remain current with any new and pertinent regulatory requirements.

Summary of Public Correspondence
The project site is located in the Esparto Citizens Advisory Committee comment area and the project was discussed at their August 20, 2024, meeting. Parcels within 1,000-feet of the project site boundaries were noticed on August 6, 2024, that the project request would be discussed at the August 20 meeting. The meeting was attended by staff and representatives of the applicant. The Esparto Citizens Advisory Committee members asked questions to clarify that no changes to the operations or project footprint are included as a part of the request and what the implications of approval would be. Staff communicated that it would delay complete reclamation by up to an additional 10 years, but all the approved reclamation uses and “net gains” included in the project’s development agreement would still be required of the applicant upon cessation of mining and reclamation activities. The Committee asked staff if there was potential to expand the Capay Open Space Park, to which staff replied that the negotiated net gains to the County upon cessation of mining and reclamation activities would be included in the future Cache Creek Parkway Plan, connecting the town of Capay to Yolo, providing additional recreational opportunities. No members of the public were present to ask questions. The Esparto Citizens Advisory Committee voted unanimously to recommend approval of the project (7-0-0).

A Courtesy Notice was also distributed to the Cache Creek Area Plan Interested Parties email list on September 12, 2024. The Courtesy Notice summarized the existing project and the project request. No comments were received.

Yolo County Natural Resources Division, Planning Division, County Counsel.  

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