Time Set 10.
Planning Commission
- Meeting Date:
- 02/12/2026
Information
SUBJECT
Public hearing and presentation of the 2024 Annual Compliance Report regarding off-channel gravel mining within the boundaries of the Cache Creek Area Plan. (Planner: Ron Miller)
SUMMARY
| FILE #: N/A | |
| APPLICANT: Yolo County Natural Resources Division Yolo County General Services Department |
OWNER: N/A |
| LOCATION: Immediately north and south of Cache Creek, between County Roads 85 and 96, within the boundaries of the Cache Creek Area Plan (CCAP) (Attachment A) GENERAL PLAN: Agriculture (AG), Mineral Resource Overlay (MRO) ZONING: Agricultural Intensive (A-N), Special Sand and Gravel Combining Zone (SG-O) SUPERVISORIAL DISTRICT: 3 (Vixie Sandy) and 5 (Barajas) PUBLIC HEARING NOTICE: Published in Davis Enterprise on 02/01/2026 |
SOILS: Various FMMP: Various WILLIAMSON ACT: N/A FLOOD ZONE: Various FIRE SEVERITY ZONE: Various |
| ENVIRONMENTAL DETERMINATION: N/A | |
RECOMMENDED ACTION
Staff recommends that the Planning Commission:
- Receive a staff presentation, hold a public hearing, and accept comments on the 2024 Annual Compliance Report;
- (a) Determine that CEMEX (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);
- (a) Determine that Granite-Capay (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);
- (a) Determine that Granite-Esparto (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);
- (a) Determine that Madison Sand and Gravel (Syar Industries LLC [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);
- (a) Determine that Teichert-Esparto (CA MINE ID 91-57-0011) is in substantial compliance with SMARA, the OCMP and the Development Agreement (#96-290, as amended); and (c) Adopt attached Findings of Fact in substantiation of this determination (see Attachment B);
- (a) Determine that Teichert-Schwarzgruber (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);
- (a) Determine that Teichert-Woodland Plant and Properties (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
- (a) Determine that Teichert-Shifler (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).
REASONS FOR RECOMMENDED ACTIONS/BACKGROUND
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 Surface Mining Reclamation Ordinance), and individual permit approvals and Development Agreements (including Mitigation Monitoring Plans and Conditions of Approval). Based on staff’s investigation, inspections and evaluation, 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. Together, the OCMP and ordinances provide the regulatory framework for mining and reclamation within the Cache Creek Area Plan planning area.
Additionally, the implementing ordinances establish a framework for Mercury Monitoring and Reporting which is applicable to long-term mining plans and operations involving wet-pit mining to be reclaimed to a permanent pond, lake, or water feature.
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 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). Mining is not completed at the Granite-Capay site; therefore, mining operations have not yet begun at the Granite-Esparto site. 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 2024: CEMEX, Granite-Capay, Teichert-Esparto, Teichert-Schwarzgruber and Teichert-Shifler. Madison Sand and Gravel remained idle in 2024 under an approved Interim Management Plan.
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 2024. In 2024, a cumulative total of 2,652,270 tons were sold, representing a 13.4% decrease from 2023’s total of 3,062,843 million tons sold.
Mercury Monitoring
Yolo County Code Section 10-5.517 of the Surface Mining Reclamation Ordinance requires mercury monitoring for mine operations’ wet pits that are approved for reclamation to “permanent pond, lake, or water feature.” All mining operations’ wet pits that are required to be monitored are being monitored.
In 2024, there were seven mining operations with approved reclamation to a permanent lake, pond, or water feature: Cemex, Granite Capay, Granite Esparto, Madison Sand and Gravel (formerly Syar), Teichert Esparto, Teichert Woodland (Storz), and Teichert Shifler. It is important to note that Teichert Woodland (Storz) is undergoing reclamation and is therefore exempt from monitoring until post-reclamation has occurred as per County Code Sections 10-5.517(c)(2) and (3). The 2024 monitoring was the tenth year of fish mercury testing at off-channel aggregate mining ponds adjacent to lower Cache Creek between Capay and Woodland. Initial monitoring began in 2015.
For the first five years after the creation of a pit that is “permanently wet and navigable by a monitoring vessel,” the operator is required to annually monitor fish and water column profiles (generally between September and November) in each pit lake. As of 2024, there were three mine sites with wet pits that met these requirements: Cemex, Teichert Esparto, and Madison Sand and Gravel (formerly Syar). It is noted that since 2021, although not required until post-reclamation, Teichert Woodland (Storz) has shifted to biennial monitoring.
For the remaining three operations: 1) Conditions at Granite Capay are such that monitoring was anticipated to commence at that site sometime in 2025. On October 8, 2025, the Natural Resources Division provided a letter to Granite advising that the Granite Capay-Phase 2 Pit is now enrolled in the mercury monitoring program, as prescribed by Section 10-5.517 of the County’s Reclamation Ordinance. 2)The Teichert Shifler operation commenced mining activities in 2022 but has not yet mined areas that will be reclaimed to a permanent lake, pond, or water feature. 3) Granite Esparto has not yet commenced mining activities.
Annual monitoring is being completed on time in full compliance with the regulatory requirements. It is recognized and addressed in prior communication with the Planning Commission that there have been delays in finalizing the analysis and publishing of the year-to-year Monitoring Reports. However, analyses of results for 2022, 2023 and 2024 mercury monitoring activities are now complete and published on the County’s Community Services-Natural Resources website. Field work and sampling of ponds for 2025 is currently underway.
The 2024 monitoring was the tenth year of fish mercury testing (Year 10) at off-channel aggregate mining ponds adjacent to lower Cache Creek between Capay and Woodland. Initial monitoring began in 2015 at four ponds: Cemex-Phase 1, Cemex-Phase 3-4, Syar-B1, and Teichert-Esparto. Two other ponds were added to the monitoring program in 2017: Teichert-Woodland-Storz, and Syar-West. In 2020, one of the ponds was split into two (Cemex-Phase 3-4 into Cemex-Phase 3 and Cemex-Phase 4), with testing continuing in both. Additionally in 2024, the Cache Creek Nature Reserve was tested at the request of the County. The monitoring is required by Section 10-5.517 of the Yolo County Reclamation Ordinance, which underwent a comprehensive review and update during the County’s 2019 Cache Creek Area Plan Update process. The updated code language went into effect in mid-February 2020. This Ordinance requires 5 years of annual pre-reclamation mercury monitoring for mining ponds, and then bi-annual monitoring for 10 years following reclamation to permanent water bodies. The fish monitoring includes new sampling each year and assessment of mercury levels in relation to comparable baseline fish data from Cache Creek.
The Cemex-Phase 3-4 Pond (and post-split Cemex-Phase 3 Pond), Syar-B1 Pond, Syar-West Pond, and Teichert-Esparto Pond have had three or more years out of five elevated over the ambient. The program requires that the County take certain steps following a third year in five of exceedance for a pit:
BACKGROUND
On July 30, 1996, the Board of Supervisors adopted the Off-Channel Mining Plan (OCMP) and its implementing ordinances. Together, the OCMP and ordinances provide the regulatory framework for mining and reclamation within the Cache Creek Area Plan planning area.
Additionally, the implementing ordinances establish a framework for Mercury Monitoring and Reporting which is applicable to long-term mining plans and operations involving wet-pit mining to be reclaimed to a permanent pond, lake, or water feature.
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 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). Mining is not completed at the Granite-Capay site; therefore, mining operations have not yet begun at the Granite-Esparto site. 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 2024: CEMEX, Granite-Capay, Teichert-Esparto, Teichert-Schwarzgruber and Teichert-Shifler. Madison Sand and Gravel remained idle in 2024 under an approved Interim Management Plan.
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 2024. In 2024, a cumulative total of 2,652,270 tons were sold, representing a 13.4% decrease from 2023’s total of 3,062,843 million tons sold.
Mercury Monitoring
Yolo County Code Section 10-5.517 of the Surface Mining Reclamation Ordinance requires mercury monitoring for mine operations’ wet pits that are approved for reclamation to “permanent pond, lake, or water feature.” All mining operations’ wet pits that are required to be monitored are being monitored.
In 2024, there were seven mining operations with approved reclamation to a permanent lake, pond, or water feature: Cemex, Granite Capay, Granite Esparto, Madison Sand and Gravel (formerly Syar), Teichert Esparto, Teichert Woodland (Storz), and Teichert Shifler. It is important to note that Teichert Woodland (Storz) is undergoing reclamation and is therefore exempt from monitoring until post-reclamation has occurred as per County Code Sections 10-5.517(c)(2) and (3). The 2024 monitoring was the tenth year of fish mercury testing at off-channel aggregate mining ponds adjacent to lower Cache Creek between Capay and Woodland. Initial monitoring began in 2015.
For the first five years after the creation of a pit that is “permanently wet and navigable by a monitoring vessel,” the operator is required to annually monitor fish and water column profiles (generally between September and November) in each pit lake. As of 2024, there were three mine sites with wet pits that met these requirements: Cemex, Teichert Esparto, and Madison Sand and Gravel (formerly Syar). It is noted that since 2021, although not required until post-reclamation, Teichert Woodland (Storz) has shifted to biennial monitoring.
For the remaining three operations: 1) Conditions at Granite Capay are such that monitoring was anticipated to commence at that site sometime in 2025. On October 8, 2025, the Natural Resources Division provided a letter to Granite advising that the Granite Capay-Phase 2 Pit is now enrolled in the mercury monitoring program, as prescribed by Section 10-5.517 of the County’s Reclamation Ordinance. 2)The Teichert Shifler operation commenced mining activities in 2022 but has not yet mined areas that will be reclaimed to a permanent lake, pond, or water feature. 3) Granite Esparto has not yet commenced mining activities.
Annual monitoring is being completed on time in full compliance with the regulatory requirements. It is recognized and addressed in prior communication with the Planning Commission that there have been delays in finalizing the analysis and publishing of the year-to-year Monitoring Reports. However, analyses of results for 2022, 2023 and 2024 mercury monitoring activities are now complete and published on the County’s Community Services-Natural Resources website. Field work and sampling of ponds for 2025 is currently underway.
The 2024 monitoring was the tenth year of fish mercury testing (Year 10) at off-channel aggregate mining ponds adjacent to lower Cache Creek between Capay and Woodland. Initial monitoring began in 2015 at four ponds: Cemex-Phase 1, Cemex-Phase 3-4, Syar-B1, and Teichert-Esparto. Two other ponds were added to the monitoring program in 2017: Teichert-Woodland-Storz, and Syar-West. In 2020, one of the ponds was split into two (Cemex-Phase 3-4 into Cemex-Phase 3 and Cemex-Phase 4), with testing continuing in both. Additionally in 2024, the Cache Creek Nature Reserve was tested at the request of the County. The monitoring is required by Section 10-5.517 of the Yolo County Reclamation Ordinance, which underwent a comprehensive review and update during the County’s 2019 Cache Creek Area Plan Update process. The updated code language went into effect in mid-February 2020. This Ordinance requires 5 years of annual pre-reclamation mercury monitoring for mining ponds, and then bi-annual monitoring for 10 years following reclamation to permanent water bodies. The fish monitoring includes new sampling each year and assessment of mercury levels in relation to comparable baseline fish data from Cache Creek.
The Cemex-Phase 3-4 Pond (and post-split Cemex-Phase 3 Pond), Syar-B1 Pond, Syar-West Pond, and Teichert-Esparto Pond have had three or more years out of five elevated over the ambient. The program requires that the County take certain steps following a third year in five of exceedance for a pit:
- Require an additional five years of fish mercury monitoring and water column profiling. This pattern will continue until a lake is found to be at or under the ambient for a five-year period; the regulations also allow the County to require continued monitoring during mining). Comparison monitoring during this time will also be conducted at control/reference sites.
- As the reports have been completed, the County has notified individual operators of results in individual ponds that require Lake Management Plans (LMPs). The information in the fish monitoring, water column profiling, and bottom sediments reports are being used to identify mercury control methods to reduce fish mercury levels and prepare required LMPs.
- Implementation of the LMP - Per Yolo County Code, the LMP shall generally be implemented within three years of completion of the expanded monitoring. County staff are in the process of finalizing the LMP template to be used for the three operations that require an LMP. The multi-year COVID-19 pandemic had an acute effect on both County program management and data collection and reporting, causing programmatic disruption and exacerbating delays in preparation and implementation of LMPs, but this process is now underway. Management controls may differ for different pits based on site conditions; and may differ during mining, while idle, and post-mining. LMPs may be multi-part or phased to reflect this. Fish monitoring and water column profiling will continue, per the regulations, for a minimum of five additional years. Required periodic analysis of ambient conditions will also continue.
A variety of collecting techniques were used to obtain samples of the fish found in each of these ponds, including seines, gill nets, baited setlines, dip nets, angling, and spearfishing. Large, angling-sized fish were tested individually for fillet muscle mercury, relevant to human consumption. Small, young, "biosentinel" fish were analyzed whole-body, relevant to wildlife consumption and inter-annual comparisons, in replicate multiple-individual composite samples.
Excerpt From Conclusion of 2024 Fish Monitoring Report: “Fish monitoring and seasonal water column testing will continue at the designated ponds. Ongoing findings will continue to guide appropriate management options for the sites requiring Lake Management Plans and action. That process is underway.”
Central Valley Regional Water Quality Control Board Inspections - December 2025
In December 2025, staff was notified by the Central Valley Regional Water Quality Control Board (“Water Board”), that as a result of a complaint, the Water Board would be conducting inspections of the mining operations along Cache Creek, beginning December 8, 2025. The Water Board’s inspections did not identify any significant deficiencies, issues, or violations. Issues identified include: 1) two areas of minor erosion at separate sites, 2) “track out” (mud/dirt debris off truck tires) from facility entrance onto county roadway, and 3) miscellaneous minor administrative reporting corrections/clarifications.
The Water Board provided the operators with instructions as to what corrective action, if any, is required to mitigate/correct any identified discrepancies. Staff will receive copies of the mitigation/repair reports when completed and will provide the Commission with updates in the 2025 annual report later this year.
Summary of Mining and Reclamation Activities in 2024
Following is a “snapshot” description of each mining operation in 2024, which includes a summary of mining and reclamation activities, including any permits or modifications approved by the County during the reporting year.
Central Valley Regional Water Quality Control Board Inspections - December 2025
In December 2025, staff was notified by the Central Valley Regional Water Quality Control Board (“Water Board”), that as a result of a complaint, the Water Board would be conducting inspections of the mining operations along Cache Creek, beginning December 8, 2025. The Water Board’s inspections did not identify any significant deficiencies, issues, or violations. Issues identified include: 1) two areas of minor erosion at separate sites, 2) “track out” (mud/dirt debris off truck tires) from facility entrance onto county roadway, and 3) miscellaneous minor administrative reporting corrections/clarifications.
The Water Board provided the operators with instructions as to what corrective action, if any, is required to mitigate/correct any identified discrepancies. Staff will receive copies of the mitigation/repair reports when completed and will provide the Commission with updates in the 2025 annual report later this year.
Summary of Mining and Reclamation Activities in 2024
Following is a “snapshot” description of each mining operation in 2024, 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 in 2024: At the time of the 2024 Annual SMARA Inspection (November 2024), CEMEX was mining Phases 4 and 5. As of 2022, the alluvial separator between Phases 3 and 4 has been closed. Mining of Phase 3 ceased in 2022, and the area will be used as a silt pond. Phase 5 overburden removal and dry mining commenced in November 2022. Dewatering in Phase 5 commenced in September 2023, following County authorization in July 2023.
Phase 1 mining activities mostly ceased at the end of 2002, and approximately 110 acres of the Phase 1 area were reclaimed to agriculture and planted with an initial barley crop in December 2022.
In October 2019, CEMEX installed a rock-swale that allows water to flow into a riparian depression north of Orrick Pit 2. During 2023 and 2024 site visits, by both the CEMEX Engineering Consultant and the County’s SMARA inspection team, a few instances of minor cobble displacement near the top of the rock-swale were observed, leading to a recommendation to add additional cobbles to the top of the BMP rundown south of Riparian Depression No. 2. At that time, the consultant made a recommendation to add additional cobble near the top of the rock swale.
In the most recent Operator’s Annual Report (November 2025), the operator’s Engineering Consultant noted that the rundown at the Riparian depression No. 2 remains in the same condition as 2024; however, copious grass is growing among the cobbles. The consultant still recommends that this upper portion be repaired promptly by adding cobbles to the top of the BMP rundown south of Riparian Depression No. 2 and that positive drainage be established to prevent further erosion along the rock-swale BMP.
County staff contacted the operator on November 5, 2025, advising that the recommended repairs should be done as soon as possible, as the 2025-2026 rainy season has already begun. During the most recent annual SMARA inspection (November 18, 2025), staff confirmed that the recommended repairs have been completed. On November 19, 2025, the Engineering Consultant for CEMEX provided a letter confirming that the repairs had been satisfactorily completed.
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 was pending in 2024 under County ZF #2018-015.
The Minor Modification was approved in May 2022 and included 12 Conditions of Approval (COAs). Although CEMEX was not in compliance with COAs #3, #7 and #11 during 2024, significant discussions and negotiations between staff and the operator occurred during 2024 and 2025 as part of the ongoing review of the Pending Major Modification referenced above.
It must be noted that Conditions #3, #7 and #11 are of an administrative/contractual nature and do not impact actual mining operations at the site. The non-compliance status during 2024 did 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. CEMEX is now in full compliance with these conditions as discussed further below.
Phase 1 mining activities mostly ceased at the end of 2002, and approximately 110 acres of the Phase 1 area were reclaimed to agriculture and planted with an initial barley crop in December 2022.
In October 2019, CEMEX installed a rock-swale that allows water to flow into a riparian depression north of Orrick Pit 2. During 2023 and 2024 site visits, by both the CEMEX Engineering Consultant and the County’s SMARA inspection team, a few instances of minor cobble displacement near the top of the rock-swale were observed, leading to a recommendation to add additional cobbles to the top of the BMP rundown south of Riparian Depression No. 2. At that time, the consultant made a recommendation to add additional cobble near the top of the rock swale.
In the most recent Operator’s Annual Report (November 2025), the operator’s Engineering Consultant noted that the rundown at the Riparian depression No. 2 remains in the same condition as 2024; however, copious grass is growing among the cobbles. The consultant still recommends that this upper portion be repaired promptly by adding cobbles to the top of the BMP rundown south of Riparian Depression No. 2 and that positive drainage be established to prevent further erosion along the rock-swale BMP.
County staff contacted the operator on November 5, 2025, advising that the recommended repairs should be done as soon as possible, as the 2025-2026 rainy season has already begun. During the most recent annual SMARA inspection (November 18, 2025), staff confirmed that the recommended repairs have been completed. On November 19, 2025, the Engineering Consultant for CEMEX provided a letter confirming that the repairs had been satisfactorily completed.
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 was pending in 2024 under County ZF #2018-015.
The Minor Modification was approved in May 2022 and included 12 Conditions of Approval (COAs). Although CEMEX was not in compliance with COAs #3, #7 and #11 during 2024, significant discussions and negotiations between staff and the operator occurred during 2024 and 2025 as part of the ongoing review of the Pending Major Modification referenced above.
It must be noted that Conditions #3, #7 and #11 are of an administrative/contractual nature and do not impact actual mining operations at the site. The non-compliance status during 2024 did 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. CEMEX is now in full compliance with these conditions as discussed further below.
- COA #3 - The applicant shall place 50 acres of unmined productive agriculture in the southerly portion of the Hutson parcel, adjoining State Route 16 on the south and the 2012 Conservation Easement boundary on the north, in permanent agricultural easement no later than September 30, 2022. The terms of the easement shall be satisfactory to the County and shall ensure crops and crop rotation will provide acceptance habitat for Swainson’s Hawk.
County staff and the operator participated in discussions and negotiations regarding this Condition during 2024 & 2025. Resolution is included as part of the CEMEX Major Modification (ZF #2018-0015) approved by the Board of Supervisors on December 9, 2025. The agricultural conservation easement was recorded on November 6, 2025 (reference document #2026-0019657). Therefore, CEMEX is now in compliance with this condition.
- COA #7 - The applicant was required under the 2081 MOU to dedicate the Restored Habitat property to the County in fee title no later than 1998. To address this outstanding commitment, the applicant shall make an irrevocable offer of dedication (IOD) to the County no later than September 30, 2022 (with a deadline for acceptance by the County no earlier than August 11, 2027, which is coincident with the expiration of the approved permits) to dedicate to the County, in fee title, the fenced restored habitat area totaling 5.7 acres.
CEMEX submitted an irrevocable offer of dedication (IOD) dated May 8, 2024, to the County, which was recorded by the County on January 15, 2025 (record document #2025-0000770).
- COA #11 - The applicant shall take all necessary steps to A) re-designate the mining site and plant as “place of sale” for the purposes of establishing the retail sales location and calculating the sales tax obligations of the operation, or B) compensate the County for the equivalent of the County’s portion of sales tax revenues that would be generated from CEMEX’s aggregate sales on a per ton basis. Reinstatement of the sales tax share to Yolo County, or obligation for equivalent compensation, shall commence on October 1, 2022, and shall extend for the life of the Mining and Reclamation permit approval (including any subsequent amendment or extension). Payment of equivalent compensation shall be due with the first quarter payment of per-ton gravel fees every March 31st (unless subsequently amended by the County). This obligation was integrated into the Development Agreement associated with the CEMEX Major Modification (ZF #2018-0015) approved by the Board of Supervisors on December 9, 2025.
CEMEX is current on all past obligations’ payments. CEMEX submitted its payment for the period October 1, 2022, through December 31, 2024, to the County on August 13, 2025.
Permit Activity in 2024: During 2024, staff continued review of the Pending Major Modification (ZF #2018-0015) application filed in February 2018 that addresses several operational changes.
Inspection and Financial Assurance: The CEMEX facility was inspected on November 19, 2024. CEMEX maintained financial assurances in the amount of $5,519,240 during 2024.
Inspection and Financial Assurance: The CEMEX facility was inspected on November 19, 2024. CEMEX maintained financial assurances in the amount of $5,519,240 during 2024.
Granite-Capay
Mining and Reclamation Activities in 2024: In 2024, Granite continued to 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.
Staff deems the Granite-Capay facility to be in substantial compliance with SMARA, the OCMP, the permit’s COAs and its approved DA.
Permit Activity in 2024: Granite applied for a 10-year permit extension (ZF #2023-0034) in October 2023. This application was approved by the Planning Commission on November 14, 2024.
Inspection and Financial Assurance: The Granite-Capay facility was inspected on November 19, 2024. Granite maintained financial assurances in the amount of $3,365,717 during 2024.
Granite-Esparto
Mining and Reclamation Activities in 2024: No mining activity occurred at the Granite-Esparto site in 2024. 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.
Staff deems the Granite-Esparto facility to be in substantial compliance with the OCMP, the permit's COAs and its approved DA.
Permit Activity in 2024: None
Inspection and Financial Assurance: As referenced above, the Granite-Esparto site cannot commence mining activity until mining is completed at the Granite-Capay site. 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 2024, staff noted that the existing agricultural fields at the site were in the process of being prepared for planting. No SMARA inspection or financial assurance are required until mining commences at the site.
Madison Sand and Gravel (formerly Syar Industries)
Mining and Reclamation Activities in 2024: Madison Sand and Gravel remained idle in 2024 and did not mine any material. The Planning Commission approved an Interim Management Plan (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 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.
Per County Code Sec. 10-5.810, approved interim management plans shall remain in effect for a period not to exceed five (5) years. Prior to the expiration of the interim management plan, the Commission shall take one of the following actions: 1) renew the interim management plan for an additional period not to exceed five (5) years, which may be renewed for one additional five (5) year renewal period at the expiration of the first five (5) year renewal period, if the Commission finds that the surface mining operator has complied fully with the interim management plan; or 2) Require the operator to commence reclamation in accordance with its approved reclamation plan.
In Madison Sand and Gravel’s case, the Commission has found that the operator complied fully with the original IMP approved on December 8, 2011; therefore, two separate five-year renewal periods were approved. The second renewal approved by the Commission on September 9, 2021 (ZF #2021-0021), which expires in September 2026, is the final renewal available to the operator.
Madison Sand and Gravel 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, Syar installed a fence on the north side of Pond B and installed warning signs to deter fishing in the pond.
Staff deems the Madison Sand and Gravel facility to be in substantial compliance with SMARA, the OCMP, the permit’s COAs and its approved DA.
Permit Activity in 2024: None
Inspection and Financial Assurance: The Madison Sand and Gravel facility was inspected on November 19, 2024. Madison Sand and Gravel maintained financial assurances in the amount of $5,088,392 during 2024.
Teichert-Esparto
Mining and Reclamation Activities in 2024: As referenced in prior annual reports to the Commission, creek bank erosion occurred at the Teichert-Esparto site during the 2016-2017 water year. A field inspection of the site was conducted on August 22, 2024 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 placed inside the plant area, adjacent to north bank of Cache Creek, preventing flooding of the plant site. This stockpile was placed to avoid 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 site conditions and assess if there is need for 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 Esparto Plant 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 groundwater levels, mining activity at the Teichert-Esparto site resumed in 2022. There was no mining activity occurring at the time of the November 2024 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.
Staff deems the Teichert Esparto facility to be in substantial compliance with SMARA, the OCMP, the permit’s COAs and its approved DA.
Permit Activity in 2024: None
Inspection and Financial Assurance: The Teichert-Esparto facility was inspected on November 18, 2024. Teichert maintained financial assurances in the amount of $1,599,265.00 in 2024.
Teichert-Schwarzgruber
Mining and Reclamation Activities in 2024: An inspection of the perimeter levee along Cache Creek was completed by the operator’s professional engineering consultants on August 22, 2024. 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 2024 inspection, reclamation work (i.e., grading), was occurring on the south and eastern portions of the site.
Staff deems the Teichert Schwarzgruber facility to be in substantial compliance with SMARA, the OCMP, the permit’s COAs, and its approved DA.
Permit Activity in 2024: None
IInspection and Financial Assurance: The Teichert-Schwarzgruber facility was inspected on November 18, 2024. Teichert maintained financial assurances in the amount of $832,687.00 in 2024.
Teichert-Woodland Plant & Properties
Mining and Reclamation Activities in 2024: The Teichert-Woodland aggregate processing plant site, including equipment and wash ponds, operated at full processing capacity.
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. Mining began on the southern Coors field in 2007. All mining was completed in 2009, resulting in 88 acres disturbed at an average depth of 29 feet below original grade. Following the completion of mining activities, stockpiled overburden material was used to complete reclamation of 3:1 slopes along the perimeter of the mined area. All remaining overburden and topsoil were used to reclaim the pit floor. Additional soil was transported via conveyor from the adjacent Storz Property to supplement final reclamation.
Final reclamation of the mined portion of the Coors property includes 73 acres of agricultural land surrounded by 14 acres of grassland slopes. The northern, unmined field on the Coors property became known as the Upper Coors Field and the southern, below-grade field became known as the Lower Coors Field. The remaining area of the property is riparian habitat associated with Cache Creek.
The property is now in agricultural use and is being maintained and monitored for reclamation sign off.
Mining in the Teichert-Woodland Storz Property (Phase III) is complete. Reclamation activities, including plantings of native vegetation, continue at the site.
The Teichert-Woodland Plant now receives material from the adjacent Teichert-Shifler operation and was fully operational in 2024.
Staff deems the Teichert-Woodland Plant and Properties to be in substantial compliance with SMARA, the OCMP, the permits’ COAs, and the approved DAs.
Permit Activity in 2024: None
Inspection and Financial Assurance: The Teichert-Woodland Plant and Properties were inspected on November 18, 2024. Teichert maintained financial assurances in the amount of $1,211,439.00 for the Teichert-Woodland Properties’ Coors and Storz sites, and $1,174,015.00 for the Teichert-Woodland Plant during 2024.
Teichert-Shifler
Mining and Reclamation Activities in 2024: 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.
Staff deems the Teichert Shifler facility to be in substantial compliance with SMARA, the OCMP, the permit’s COAs, and its approved DA.
Permit Activity in 2024: None
Inspection and Financial Assurance: The Teichert-Shifler facility was inspected on November 18, 2024. Teichert maintained financial assurances in the amount of $987,089.00 for the Shifler site during 2024.
Summary of OCMP Program Updates in 2024
There were no OCMP Program Updates in 2024.
Staff’s Compliance Determination
Review of the conditions of approval and compliance for the operations described above resulted in staff’s determination that in 2024, each operator was in substantial compliance with conditions of approval and SMARA with exception of the administrative/contractual conditions of approval referenced in the CEMEX portion of the report. As discussed above, CEMEX is now in full compliance with all conditions of approval.
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.
APPEALS
Pursuant to Sections 10-4.703 and 10-4.1003 of the OCSMO, 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
Attachments
- Att. A. Cache Creek Mining Operations Map
- Att. B. Findings of Fact
- Att. C. Cache Creek Area Plan Annual Gravel Production
- Att. D. Conditions of Approval Compliance Summary Tables
- Att. E. 2024 Compliance Reports
- Att. F. Mining Site Boundaries and 2024 Inspection Photos
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Eric May | Eric May | 02/04/2026 11:15 AM |
| Stephanie Cormier | Stephanie Cormier | 02/04/2026 12:30 PM |
- Form Started By:
- Jeff Anderson
- Started On:
- 01/26/2026 09:34 AM
- Final Approval Date:
- 02/04/2026