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 Mining Phase A. (No general fund impact) (Perez/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 Mining Phase A.

On January 11, 2022, the Yolo County Board of Supervisors certified an Environmental Impact Report (SCH#2019089053) and approved the Teichert Shifler Project, 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).  In accordance with the project's approvals and mitigation requirements, Teichert is required to establish a permanent agricultural conservation easement prior to the commencement of mining activity (Attachment A).  Teichert's obligation to satisfy agricultural mitigation for the conservation of farmland is predicated on the County's Agricultural Conservation and Mitigation Program (Section 8-2.404 in Chapter 2 of Title 8, Yolo County Code) and provisions in the County's Surface Mining Reclamation Ordinance (Section 10-5.525 in Chapter 5 of Title 10, Yolo County Code).  The project's Conditions of Approval require that the proposal for mitigation and the substantiation in support of finding equivalency for the impacted farmland be accepted by the Board of Supervisors.

On March 11, 2022, Teichert submitted a memorandum to Natural Resources staff that describes their proposal to establish a conservation easement on an agricultural property located near the City of Woodland (Attachment B).  Prior to commencement of Phase A mining activities, which would disturb approximately 61.8 acres of mapped Prime and Unique Farmland, Teichert proposes to permanently conserve approximately 73 acres of a 78.4-acre agricultural property (APN: 041-020-002) that is located south of the city limits of the City of Woodland (west of East Street and north of County Road 25A).  The proposed agricultural mitigation site is in a "Priority Conservation Area" defined by the County's Agricultural Conservation and Mitigation Program as a parcel that lies within one-quarter mile of the sphere of influence of a city [County Code Section 8-2.404(d)(2)(i)(A)].  The proposed mitigation site, being located within a Priority Conservation Area, qualifies for a 1:1 mitigation ratio.  The property, which contains no residential uses, has no other encumbrances or deed restrictions; is not subject to a Williamson Act contract; is not under public ownership; and is not subject to physical conditions that practicably prevent converting the property to non-agricultural uses.

Teichert's proposal was reviewed by Department of Community Services staff, who determined that the proposed mitigation site is equivalent to or better in quality and capability than the impacted mining site (Attachment C).  Therefore, staff recommends that the Board of Supervisors receive and accept the proposal and the substantiation in support of finding equivalency provided by Teichert Materials for the agricultural mitigation required by Condition of Approval No. 35 and Mitigation Measure 4.2-1 for Mining Phase A.

Natural Resources Division staff collaborated with staff from the Department of Community Services - Planning Division and the Office of County Counsel.