Hold a public hearing to consider an amendment to the Granite Esparto Mining and Reclamation Permit (ZF #2007-071) Condition of Approval No. 24 to remove the deadline for completion of proposed bank modifications; adopt an ordinance approving the first amendment to Development Agreement No. 11-165 regarding the Granite Esparto Long-Term Off-Channel Mining Permit to delete Section 4.2.3 of the agreement to conform to other operators’ development agreements of the Mining Program and adopt resolution adopting a minor modification to the Granite Esparto Long-Term Off-Channel Mining Permit (ZF #2007-071) to amend Condition of Approval No. 24 to remove the deadline for completion of the proposed bank modifications. (No general fund impact) (Lindbo/Sabatini)

On November 8, 2011, the Yolo County Board of Supervisors approved the Granite Esparto Long-Term Off-Channel Mining Permit (ZF #2007-071) (Minute Order No. 11-125).  This approval included a 30-year off-channel mining permit for aggregate extraction and processing on a mining area of approximately 313-acres on portions of two adjacent parcels (APNs: 048-220-015 and 048-220-022), subject to conditions of approval.  Granite Construction Company (“Granite”) will not commence mining activity under this permit until it has completed mining at the adjacent Granite Capay facility. As a result, mining has not yet begun at the Granite Esparto site.

In 2020, a dispute arose between the County and Granite about whether Section 4.2.3 of the Development Agreement for the project authorized imposition of the increased agricultural offset requirements enacted by amendment of Yolo County Code of Ordinance Section 10-5.525 as a part of the 2019 Cache Creek Area Plan Update, to offset the project’s conversion of agricultural land.  Section 4.2.3 was unique to the Granite Esparto project.  Granite and the County entered into a settlement agreement on December 13, 2022, to resolve the dispute.

As a part of the settlement, the County agreed to initiate proceedings to amend the Development Agreement to delete Section 4.2.3 to conform the agreement to other operators’ development agreements of the mining program (see Attachment A). 

In addition, the County agreed to consider amending Condition of Approval No. 24 of the Granite Esparto permit to remove the 2021 date referenced for completion of the bank modifications in the Streambank Stabilization Plan by deleting “no later than 2021, and/or” and “, whichever occurs first” from the condition (refer to Attachment B).  The deletions would not result in a substantive change to the condition, as it would still require completion of the bank modifications in the Streambank Stabilization Plan “prior to mining within 700 feet of the adjacent high bank” and active mining has not yet commenced at the Granite Esparto site. 

The proposed amendments to the Granite Esparto Conditions of Approval and Development Agreement (“Proposed Amendments”) came before the Yolo County Planning Commission on February 9, 2023.  After a public hearing, the Planning Commission voted 5-0 to recommend the Proposed Amendments to the Board of Supervisors.

As one of the stipulations of the settlement agreement, Granite agreed to provide to the County up to 12,000 tons of aggregate base surfacing within two years of adoption of the Proposed Amendments.  Department of Community Services staff will return to the Board at a future meeting with a proposal for the use of the material for the Board’s consideration.

An Environmental Impact Report (SCH #2009022033) was certified for the project on November 8, 2011, and no further environmental impact analysis is required.

Natural Resources Division staff collaborated with the Office of County Counsel, as well as representatives from Granite Construction Company on this item.