HomeMy WebLinkAboutAgreement A-15-336 with Compass Land Group.pdfAGREEMENT NO . 15-336
1 THIRD PARTY ADMINISTRATOR CONSULTANT AGREEMENT
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3 THIS AGREEMENT is made and entered into this 14th day of July 2015 , by
4 and between the County of Fresno, a Political Subdivision of the State of California ,
5 hereinafter referred to as "County ," and Compass Land Group, a California Limited
6 Liability Company , whose address is 4110 Truxel Road , Suite 130 , Sacramento , CA
7 95834 , hereinafter referred to as "Consultant."
8 WITNESSETH
9 WHEREAS , on October 16 , 2012 , pursuant to County Resolution No . 12420 ,
10 subject to the Conditions listed therein, the County Board of Supervisors certified
11 Environmental Impact Report (EIR) No . 6174 for the Carmelita Mine and Reclamation
12 Project (State Clearinghouse No . 2010081037) ("Project"), approving Unclassified
13 Conditional Use Permit (UCUP) No. 3287 , and adopting a Mitigation Monitoring and
14 Reporting Plan and Condition Compliance Matrix ("Monitoring Plan ") for the Project ;
15 and
16 WHEREAS, Colony Land Company, L.P . is the owner of the Project
17 ("Applicant") and Carmelita Resources will be operating and developing the Project
18 approved under UCUP No. 3287, consisting of a sand and gravel extraction facility on
19 an 866-acre portion of a 1 ,500-acre site . Exhibit "A ", attached hereto and
20 i ncorporated herein by reference , reflects the legal description of the land in question ;
21 and
22 WHEREAS , the Monitoring Plan is attached hereto as Exhibit "B" and
23 incorporated herein by reference . This Agreement is for UCUP No. 3287 and
24 Applicant will be responsible for the Project described under UCUP No. 3287 . The
25 County Board of Supervisors approved a Reclamation Plan as a component of the
26 UCUP for the Project on October 16 , 2012 ; and
27 WHEREAS , Condition of Approval No . 11 of UCUP No . 3287 requires that the
28 Applicant enter into an agreement with the County of Fresno to implement the
1 Monitoring Plan via a third party consultant in accordance with Section 21081.6 of the
2 California Public Resources Code and Section 15097 of Title 14, Chapter 3 of the
3 California Code of Regulations; and
4 WHEREAS, the Consultant's Proposal for Carmelita Mine Mitigation Monitoring
5 and Conditions Compliance, dated May 26, 2015 ("Proposal") is attached hereto as
6 Exhibit "C" and incorporated herein by reference. The Proposal includes Tasks 1 -4
7 under Scope of Services; and
8 WHEREAS, this Agreement shall cover monitoring the Project's Mitigation
9 Measures and Conditions of Approval, as provided in the Monitoring Plan (Exhibit
10 "B"); and
11 WHEREAS, the Consultant represents that it is qualified, able, and willing to
12 monitor the Project's Mitigation Measures and Conditions of Approval, which
13 representation the County specifically relies upon.
14 NOW, THEREFORE, in consideration of the Covenants and Conditions set
15 forth herein, the parties agree as follows:
16 1. Obligations of the Consultant
17 A. Services To Be Provided: Consultant will monitor Applicant's
18 compliance with all Project Mitigation Measures and Conditions of Approval
19 (described in Exhibit "B"), as set forth in the Proposal (Exhibit "C").
20 B. Reporting: Consultant will provide County a written report by e-
21 mail within 30 days of each monitoring visit to document the site conditions. If a
22 failure to comply with applicable Mitigation Measures or Conditions of Approval is
23 identified, the report shall indicate the issue, the person(s) contacted, and the
24 corrective action(s) recommended.
25 2. Obligations of the County
26 A. County shall make available to Consultant all documents, studies,
27 and other information, not otherwise confidential or privileged, in its possession
28 related to the Project.
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1 B. County shall compensate Consultant as provided in Section 3 of
2 this Agreement.
3 3. Invoicing and Compensation
4 A. Invoices: Consultant shall submit two copies of each invoice,
5 which shall describe the tasks performed during the period covered by the invoice.
6 The invoice shall specify: (1) hours worked and the billing rates, as set forth in Exhibit
7 "C", and (2) the total amount billed to-date for the Project.
8 B. Compensation to Consultant: In full compensation for services
9 performed under this Agreement, County agrees to pay Consultant, and Consultant
1 0 agrees to accept, compensation according to the Hourly Rate and Expense Schedule
11 specified in Exhibit "C".
12 Within 45 days of receipt of a proper invoice, County shall determine
13 whether Consultant has adequately performed to the satisfaction of County the
14 item(s) for which Consultant seeks payment, and shall remit payment thereof to
15 Consultant.
16 If County determines that Consultant has not adequately performed any
17 such task or services, County shall inform Consultant of those acts in writing which
18 are necessary for satisfactory completion of the item(s). Consultant shall undertake
19 any and all work to satisfactorily complete the item(s) at no additional charge to
20 County.
21 Notwithstanding any other provision in this Agreement, compensation
22 paid to Consultant shall not exceed Eight Thousand Dollars ($8,000) annually (July
23 14th -July 13th) for the entire term of this Agreement. The maximum amount payable
24 for the entire term of this Agreement is $40,000. However, Consultant reserves the
25 right to discuss with the County and Applicant the potential need to increase the not-
26 to-exceed limit if Consultant's billings for the first year's review exceed the $8,000
27 maximum by more than 10% (or $800), as set forth in Exhibit "C".
28 C. Consultant to Bear Expenses: It is understood that the
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1 Consultant shall bear all expenses incidental to the performance of his obligations
2 under this Agreement.
3 4. Ternn
4 This Agreement shall become effective on July 14, 2015 and shall
5 terminate on July 13, 2020.
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5. Termination
A. The County may immediately suspend or terminate this
8 Agreement in whole or in part, where in the determination of the County there is:
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A discontinuance by Applicant of operation of the Project;
A failure by Applicant to timely remit reimbursement to
11 County for an invoice submitted by Consultant to County;
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An illegal or improper use of funds by Consultant;
A failure by Consultant to comply with any term of this
14 Agreement;
15 v. A substantially incorrect or incomplete report submitted to
16 the County by Consultant;
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vi. Inadequately performed services by Consultant.
B. Consultant or County may terminate this Agreement upon 180
days prior written notice to the other party. If the Consultant terminates the
Agreement, Consultant shall reimburse the County, up to a maximum of Five
Thousand Dollars ($5,000}, for the actual expense of issuing a Request For Proposal,
engaging a new Consultant, and the new Consultant's cost in becoming familiar with
the Project, its operations to date, and its compliance with the Project Monitoring Plan
set forth in Exhibit "B".
C. If this Agreement is terminated as provided in this section, the
Consultant shall be compensated for satisfactorily performed services completed to
the date of termination based upon the compensation rates set forth in Section 3 of
this Agreement.
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6. Hold Harmless and Insurance
A. The Consultant shall hold the County, its Boards, Commissions,
3 officers, agents, and employees harmless and indemnify and, at County's request,
4 defend the County, its Boards, Commissions, officers, agents and employees, against
5 the payment of any and all costs and expenses (including reasonable attorney fees
6 and court costs), claims, losses, damages, causes of action, lawsuits, and liability for
7 bodily and personal injury to or death of any person and for injury or loss of any
8 property resulting from, or arising out of, or in any way connected with any negligent
9 or wrongful acts or omissions of the Consultant, its officers, agents, and employees, in
10 performing or failing to perform any work, services, or functions provided for, or
11 referred to, or in any way connected with any work, services, or functions to be
12 performed under this Agreement and against the payment of any and all costs and
13 expenses (including reasonable attorney fees and court costs), claims, losses,
14 damages, causes of action, lawsuits and liability for bodily and personal injury to, or
15 death of any person, and for injury or loss of any property resulting from or arising out
16 of, or in any way occurring to any person, firm, or corporation who may be so injured
17 by any negligent or wrongful act or omission of the Consultant, its officers, agents,
18 and employees in performing or failing to perform any work service or functions
19 provided for, or referred to, or in any way connected with any work, service, or
20 functions to be performed under this Agreement.
21 B. Without limiting the County's right to obtain indemnification from
22 the Consultant or any third parties, the Consultant, at its sole expense, shall maintain
23 in full force and effect the following insurance policies throughout the term of this
24 Agreement: (1) Commercial General Liability Insurance with limits of not less than One-
25 Million Dollars ($1,000,000.) per occurrence and an annual aggregate of Two Million
26 Dollars ($2,000,000.). This policy shall be issued on a per occurrence basis. County
27 may require specific coverages including completed operations, products liability,
28 contractual liability, Explosion-Collapse-Underground, fire legal liability, or any other
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1 liability insurance deemed necessary because of the nature of this contract; (2)
2 Comprehensive Automobile Liability Insurance with limits for bodily injury of not less
3 than Two Hundred Fifty Thousand Dollars ($250,000.) per person, Five-Hundred
4 Thousand Dollars ($500,000.) per accident and for property damages of not less than
5 Fifty Thousand Dollars ($50,000.), or such coverage with a combined single limit of Five
6 Hundred Thousand Dollars ($500,000.). Coverage should include owned and non-
7 owned vehicles used in connection with this Agreement; (3) Professional Liability
8 Insurance, if Consultant employs licensed professional staff, (e.g., Ph.D., R.N.,
9 L.C.S.W., M.F.C.C.) in providing services, with limits of not less than One Million Dollars
10 ($1 ,000,000.) per occurrence, Three Million Dollars ($3,000,000.) annual aggregate; and
11 (4) A policy of Worker's Compensation Insurance as may be required by the California
12 Labor Code.
13 The General Liability and Automobile Liability Insurance policies shall name the
14 County, its officers, agents, and employees, individually and collectively, as additional
15 insured, but only insofar as the operations under this Agreement are concerned.
16 Such coverage for additional insured shall apply as primary insurance and any other
17 insurance, or self-insurance, maintained by the County, its officers, agents, and
18 employees, shall be excess only and not contributing with insurance provided under
19 the Consultant's policies herein. This insurance shall not be canceled or changed
20 without a minimum of 30 days advance, written notice given to County.
21 Prior to the commencement of performing its obligations under this Agreement,
22 the Consultant shall provide Certificates of Insurance on the foregoing policies, as
23 required herein, to the County's Department of Public Works and Planning, stating
24 that such insurance coverages have been obtained and are in full force; that the
25 County, its officers, agents, and employees shall not be responsible for any premiums
26 on the policies; that such insurance (General Liability and Automobile Liability only)
27 names the County, its officers, agents, and employees, individually and collectively,
28 as additional insured, but only insofar as the operations under this Agreement are
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1 concerned; that such coverages for additional insured shall apply as primary
2 insurance and any other insurance, or self-insurance, maintained by the County, its
3 officers, agents, and employees, shall be excess only and not contributing with
4 insurance provided under the Consultant's policies herein; and that this insurance
5 shall not be canceled or changed without a minimum 30 days advance, written notice
6 given to the County.
7 In the event the Consultant fails to keep in effect at all times insurance
8 coverages as herein provided, the County may, in addition to other remedies it may
9 have, suspend or terminate this Agreement upon the occurrence of such event.
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7. Work Product
A. Any and all reports, studies, data, or other information, prepared
or assembled by the Consultant under this Agreement shall not be provided to any
person, association, corporation, or other organization during the term of this
Agreement without the prior written consent of the County.
B. All documents prepared or obtained by the Consultant shall
become the exclusive property of the County. Upon termination of this Agreement
and prior to any compensation received from the County for unpaid services, the
Consultant shall surrender to the County all work products created pursuant to this
Agreement without any reservation of rights therein. Consultant may retain such
documents only for so long as the County authorizes such work product to be retained
to allow the completion of work as provided in Subsection 5.8 of this Agreement.
Consultant may retain copies of any documents prepared or obtained by the
Consultant and designated as public records under the Public Records Act, and such
documents may be used by the Consultant in any manner after this Agreement has
been terminated.
C. The Consultant shall provide (submit, reproduce and distribute)
all materials related to Tasks 1 -4 of the Proposal. The County will require that the
Consultant provide documents in both Microsoft Word Office 2010 (or newer) and
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1 PDF file formats.
8. Independent Contractor 2
3 In performance of the work, duties, and obligations assumed by the
4 Consultant under this Agreement, it is mutually understood and agreed that the
5 Consultant, including any and all of the Consultant's officers, agents, and employees,
6 will at all times be acting and performing as an independent contractor, and shall act
7 in an independent capacity and not as an officer, agent, servant, employee, joint
8 venture, partner, or associate of the County. Furthermore, the County shall have no
9 right to control or supervise or direct the manner or method by which the Consultant
10 shall perform its works and function. However, the County shall retain the right to
11 administer this Agreement so as to verify that the Consultant is performing its
12 obligations in accordance with the terms and conditions thereof. The Consultant and
13 the County shall comply with all applicable provisions of law and the rules and
14 regulations, if any, of Governmental authorities having jurisdiction over matters the
15 subject thereof.
16 Because of its status as an independent contractor, the Consultant shall
17 have absolutely no right to any and all employment rights and benefits available to
18 County employees. The Consultant shall be solely liable and responsible for
19 providing to, or on behalf of its employees, all legally-required employees benefits. In
20 addition, the Consultant shall be solely responsible and save the County harmless
21 from all matters relating to payment of the Consultant's employees, including
22 compliance with Social Security withholding, and all other regulations governing such
23 matters. It is acknowledged that during the term of this Agreement, Consultant may
24 be providing services to others unrelated to the County or to this Agreement.
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9. Governing Law
Venue for any action arising out of, or related to this Agreement shall
27 only be in Fresno County, California.
28 The rights and obligations of the parties and all interpretation and
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1 performance of this Agreement shall be governed in all respects by the laws of the
2 State of California.
3 10. Amendments
4 Any changes to this Agreement requested either by the County or the
5 Consultant may only be affected if mutually agreed upon in writing by duly authorized
6 representatives of the parties hereto. This Agreement shall not be modified or
7 amended or any rights of a party to it waived except by such writing.
8 11. Compliance With Laws
9 The Consultant shall comply with all Federal, State, and local laws,
10 ordinances, regulations, and Fresno County Charter Provisions applicable in the
11 performance of its services.
12 12. Audits and Inspections
13 The Consultant shall at any time during business hours, and as often as
14 the County may deem necessary, make available to the County for examination all of
15 its records and data with respect to the matters covered by this Agreement. The
16 Consultant shall, upon request by the County, permit the County to audit and inspect
17 all of such records and data necessary to ensure the Consultant's compliance with the
18 terms of this Agreement.
19 If this Agreement exceeds Ten Thousand Dollars ($10,000.), the
20 Consultant shall be subject to the examination and audit of the Auditor General for a
21 period of three (3) years after final payment under this Agreement (Government Code
22 Section 8546.7).
23 13. Contract Administration
24 The Consultant shall notify its appropriate employees of the individual
25 whom the County designates as the County Contract Administrator for this
26 Agreement. All routine correspondence and telecommunications related to
27 Agreement performance and related issues should be addressed as follows:
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Alan Weaver, Director
Department of Public Works and Planning
Development Services Division
2220 Tulare Street, Sixth Floor
Fresno, CA 93721
Phone: (559) 600-4500
Fax: (559) 600-4548
e-mail: AWeaver@co.fresno.ca.us
6 14. Notices
7 The persons and their addresses having authority to give and receive
8 notices under this Agreement include the following:
9 COUNTY:
10 Alan Weaver, Director
Department of Public Works and Planning
11 2220 Tulare Street, Sixth Floor
Fresno, CA 93721
12 Attn: Division Manager/Development Services
13 CONSULTANT:
14 Yasha Saber
Compass Land Group
15 4110 Truxel Road, Suite 130
Sacramento, CA 95834
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17 Any and all notices between the County and the Consultant provided for
18 or permitted under this Agreement or by law shall be in writing and shall be deemed
19 duly served when personally delivered to one of the parties, or in lieu of such personal
20 service, when deposited in the United States Mail, postage prepaid, addressed to
21 such party.
22 15. Non-Assignment
23 Neither party shall assign, transfer, or sub-contract this Agreement nor
24 their rights or duties under this Agreement without the written consent of the other
25 party.
26 16. Disclosure Of Self-Dealing Transactions
27 This provision is only applicable if the CONTRACTOR is operating as a
28 corporation (a for-profit or non-profit corporation) or if during the term of the
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1 agreement, the CONTRACTOR changes its status to operate as a corporation.
2 Members of the CONTRACTOR's Board of Directors shall disclose any
3 self-dealing transactions that they are a party to while CONTRACTOR is providing
4 goods or performing services under this agreement. A self-dealing transaction shall
5 mean a transaction to which the CONTRACTOR is a party and in which one or more
6 of its directors has a material financial interest. Members of the Board of Directors
7 shall disclose any self-dealing transactions that they are a party to by completing and
8 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and
9 incorporated herein by reference, and submitting it to the COUNTY prior to
10 commencing with the self-dealing transaction or immediately thereafter.
11 17. Consultant's Legal Authority
12 Each individual executing or attesting this Agreement on behalf of the
13 Consultant hereby covenants, warrants, and represents: (i) that he or she is duly
14 authorized to execute or attest and deliver this Agreement on behalf of the
15 Consultant's Corporation; and (ii) that this Agreement is binding upon such
16 Corporation.
17 18. Binding Upon Successors
18 This Agreement shall be binding upon and inure to the benefit of the
19 parties and their respective successors in interest, assigns, legal representatives, and
20 heirs.
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1 19. Entire Agreement
2 This Agreement constitutes the entire Agreement between the
3 Consultant and County with respect to the subject matter hereof and supersedes all
4 previous negotiations , proposals , commitments , writing , advertisements, publications ,
5 and understandings of any nature whatsoever unless expressly included in this
6 Agreement.
7 IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be
8 executed as of the day and year first above written .
9 ATTEST:
1 0 CONSULT ANT:
Compass Land Group,
11 a California Limited Liability Company
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By: -~-hfjAUo.-o<M~--------
Print Name:'/ c'AS~O\ Sb..b{(
Title : M (.A}\ (,..a' f\1 p ~c t n<:' r
Chairma of he Board , or
President, or any Vice President
Date : _b.;;:;;.._' 2=--~ .....;;z ;._o _\ ?.;;......_ ___ _
By: ______________________ ~
24 Title: ---------r-------
Secretary (of orporation), or
25 any Assist t Secretary, or
26 Chief mancial Officer , or
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{00020059 ;1 }
ssistant Treasurer
12
COUNTY OF FRESNO
Chairman , Board of Supe
BERNICE E. SEIDEL
Clerk to the Board of Supervisors
By:~~~
Deputy
Date : f (\L..ft\~
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
1 ADDITIONAL SIGNATURE PAGE-Third Party Administrator Consultant
Agreement (County of Fresno and Compass Land Group, Inc.)
2
3 REVIEWED AND RECOMMENDED
4 FOR APPROVAL
5
6 BY: .~ £1_,~
ALAN WEAVER, DIRECTOR
7 DEPARTMENT OF PUBLIC WORKS AND PLANNING
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APPROVED AS TO LEGAL FORM 1 O DANIEL C. CEDERBORG, COUNTY COUNSEL
:: BY: (lJj w~
13 DEPUTY
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16 APPROVED AS TO ACCOUNTING FORM
VICKI CROW, C.P.A.
17 AUDITOR-CONTROLLER/TREASURER-TAX COLLECTOR
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22 ORG. NO.:
23 SUBCLASS NO.:
FUND NO.:
24 ACCOUNT NO.:
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43600200
10000
0001
7295
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EXHIBIT A
FRESNO COUNTY PROPERTY:
PARCEL 1:
The West half of Section 27, Township 14 South, Range 23 East,
Mount Diablo Base and Meridian, according to the Official Plat
thereof.
EXCEPTING THEREFROM that portion described as follows:
Beginning at the quarter corner on the South side of said Section
27; thence North 0° 24-1/2' West 2623.6 feet along the center
line of said Section 27, to the center of said Section; thence
North ago 51-1/2' West 1087 feet along the East and West center
line of said Section 27 to the center of a certain irrigation
canal; thence South 0° 37-1/2' East 2626.4 feet along the center
line of said irrigation canal to the South line of said Section
27; thence North ago 58' East 1077 feet along the South line of
said Section to the point of beginning.
APNs: 333-130-43 and 333-130-44
PARCEL 2:
The Northwest quarter of the Southwest quarter of Section 22,
Township 14 South, Range 23 East, Mount Diablo Base and Meridian,
according to the Official Plat thereof.
ALSO commencing at the Northeast corner of the Southeast quarter
of Section 21 in the Township and Range aforesaid; thence South
ago 30-1/2' West 250 feet along the center line of said Section 21
to the center line of a certain irrigation canal; thence South 0°
27' East, along the center line of said irrigation canal and
parallel to the East 1 ine of said Section 21, 1315. 3 feet to its
intersection with the South line of the Northeast quarter of the
Southeast quarter of said Section 21; thence North ago 30-1/2'
East, 250 feet along said South line of the Northeast quarter of
the Southeast quarter of said Section 21 to the East line thereof;
thence North 0° 27' West, along the East line of said Section 21,
to the point of beginning.
EXCEPTING THEREFROM an undivided 50% of all oil, gas and
minerals, as reserved in deed from Home Ranch Co. , recorded
November 17, 1g75, in Book 6261 Page 134 of Official Records,
Document No. 8303.
APN: 333-ogo-17S (portion) and APN: 333-QgQ-16S (portion)
PARCEL 3:
The Southwest quarter of the Southwest quarter of Section 22,
Township 14 South, Range 23 East, Mount Diablo Base and Meridian,
according to the Official Plat thereof.
ALSO commencing at the Southeast corner of Section 21, in
Township and Range aforesaid; thence South 89° 30-1/2 1 West, along
the South line of said Section 21, 250 feet to the center of
irrigation canal; thence North 0° 27 1 West, along the center line
of said irrigation canal and parallel to the East line of said
Section 21, 1315.3 feet, to the intersection with the North line
of the Southeast quarter of the Southeast quarter of said Section
21; thence North 89° 30-1/2 1 East, 250 feet along the North line
of the Southeast quarter of the Southeast quarter of said Section
21 to the Northeast corner thereof; thence South 0° 27 1 East,
along the East line of said Section 21 to the point of
commencement;
EXCEPTING THEREFROM an undivided 50% of all oil, gas and
minerals, as reserved in deed from Home Ranch Co., recorded
November 17, 1975, in Book 6261 Page 134 of Official Records,
Document No. 8303.
APN: 333-090-17S (portion) and APN: 333 090-16s (portion)
PARCEL 4:
That portion of Lots 59 and 60 of Carmelita Colony, according to
the map thereof recorded in Book 2 Page 68 of Record of Surveys,
Fresno County Records, and that portion of the Southeast quarter
and of the East half of the Northeast quarter and of the Southwest
quarter of the Northeast quarter of Section 21, in Township 14
South, Range 23 East, Mount Diablo Base and Meridian, according to
the Official Plat thereof; described as follows:
Commencing at the Southwest corner of the Southeast quarter of
said Section 21; thence North 0° 38 1 West, along the West line of
the Southeast quarter of the West line of the Northeast quarter
of said Section 21, 3234.4 feet, to a point; thence following the
East line of a certain body of timber North 19° 20 1 East 135.7
feet North 12° 29' East 143.0 feet, North 26° 41' East 83.0 feet,
North 40° 14' East 518.7 feet; North 38° 31-1/2' East 491.7 feet,
North 24° 28' East 206.2 feet, North 17° 01-1/2' East 282.0 feet,
North 50° 10-1/2' West 344.3 feet, North 24° 30-1/2' East 244.0
feet to a point on the North line of said Section which is North
89° 31' East 783.2 feet from the Northwest corner of the Northeast
quarter of said Section 21; thence North 89° 31' East, along the
North line of said Section, 1599.3 feet, to the center line of an
irrigation canal; thence South 0° 27' East parallel with the East
line of said Section 21, 5261 feet, along the center line of said
irrigation canal to a point on the South line of said Section
which is 250 feet Westerly from the Southeast corner thereof;
thence South 89° 30-1/2' West 2612.5 feet to the point of
commencement.
EXCEPTING, however, from said Lots 59 and 60 those portions, if
any, which are now more particularly described in a certain deed
from the Great Eastern Vineyards Company to the County of Fresno,
dated September 27, 1910, (not recorded), referred to in the deed
from the Great Eastern Vineyards Company, a corporation, to
California Wine Association, a corporation, recorded in Book 671
Page 51 of Deeds.
ALSO EXCEPTING THEREFROM an undivided 50% of all oil,
minerals, as reserved in deed from Home Ranch co.,
November 17, 1975, in Book 6261 Page 134 of Official
Document No. 8303.
APN: 333-090-06S and 333-090-17S (portion)
PARCEL 5:
gas and
recorded
Records,
The East half of the Southwest quarter of Section 21, Township 14
South, Range 23 East, Mount Diablo Base and Meridian, according to
the Official Plat thereof.
EXCEPTING THEREFROM an undivided 50% of all oil, gas and
minerals, as reserved in deed from Home Ranch Co., recorded
November 17, 1975, in Book 62 61 Page 134 of Official Records,
Document No. 8303.
APN: 333-090-17S (portion)
PARCEL 6:
The East half of the Southwest quarter of Section 22, Township 14
South, Range 23 East, Mount Diablo Base and Meridian, according to
the Official Plat thereof.
EXCEPTING THEREFROM an undivided 50% of all oil,
minerals, as reserved in deed from Home Ranch Co. ,
November 17, 1975, in Book 6261 Page 134 of Official
Document No. 8303.
APN: 333-090-15S
PARCEL 7:
gas and
recorded
Records,
The West half of the Northeast quarter and the West half of
Section 28, Township 14 South, Range 23 East, Mount Diablo Base
and Meridian, according to the Official Plat thereof.
EXCEPTING THEREFROM
minerals, as reserved
November 17, 1975, in
Document No. 8303.
an undivided 50% of all oil,
in deed from Home Ranch Co.,
Book 6261 Page 134 of Official
APN: 333-130-24S (portion)
PARCEL 8:
gas and
recorded
Records,
The Southeast quarter of Section 29, Township 14 South, Range 23
East, Mount Diablo Base and Meridian, according to the Official
Plat thereof;
EXCEPTING THEREFROM that portion thereof, described as follows:
Commencing at a point on the Northerly line of the Southeast
quarter of Section 29, which bears South ago 55' 30" West, 490.00
feet from the East quarter corner of Section 2g; thence South ago
55' 30" West, 127a.a6 feet along the Northerly line of the
Southeast quarter of Section 2g; thence South 28° 57' West,
188.00 feet; thence South 13° 55' West 253.91 feet; thence South
go 33' West, 185.98 feet; thence South 0° 07' 20" West, 626.88
feet; thence South 3° 02' 20" East, 228.58 feet; thence South oo
43' 20" East, 782.g5 feet; thence South 11° 08' 10" East, 410.3g
feet to a point on the Southerly line of the Southeast quarter of
Section 29, which bears North 89° 28' 50 11 East, 750.00 feet from
the South quarter corner of Section 2g; thence South 6° 28' East,
371.14 feet; thence South 24° 38' East, 139.35 feet; thence South
6go 11' East, 80.51 feet; thence South 50° 32' East gg_56 feet;
thence South 44° 53' East, 427.11 feet; thence South 22° 58' East
235.90 feet; thence South 3° 06' East 210.10 feet; thence South
7° 49' East 562.58 feet; thence South 10° 01' West 300.06 feet;
thence South 1° 18' East 444.67 feet to a point on the Southerly
line of the Northeast quarter of Section 32; thence North 89° 36'
50" East 186.64 feet along the Southerly line of the Northeast
quarter of Section 32 to the Southwest corner of the East 60
acres of the Northeast quarter of Section 32, said point further
described as bearing South 89° 36' 50" West 997.04 feet from the
East quarter corner of Section 32; thence North 0° 17' 50" West
2620.24 feet along the Westerly line of the East 60 acres of the
Northeast quarter of Section 32 to a point on the Northerly line
of the Northeast quarter of Section 32; thence North 89° 28' 50"
East 661.04 feet along the Northerly line of the Northeast
quarter of Section 32 to a point which bears South 89° 28' 30"
West 336.00 feet from the Northeast corner of Section 32; thence
North 0° 12' 50" West, 1371.69 feet parallel to and 336.00 feet
West of the Easterly line of the Southeast quarter of Section 29;
thence North 22° 55' West 100.00 feet; thence North 43° 36' West
120.00 feet; thence North sgo 09' West 220.00 feet; thence North
19° 56' West 40.00 feet; thence North 5° 15' 30" West 424.00
feet; thence North 12° 37' 30" East 205.50 feet; thence North 29°
16' 30" East 333.00 feet to the point of commencement.
ALSO EXCEPTING THEREFROM that portion thereof lying Westerly of
the following described line:
Commencing at a point on the Northerly line of the Southeast
quarter of Section 29, which bears South 89° 55' 30" West 4go.oo
feet from the East quarter corner of Section 29; thence South ago
55' 30" West 1278.86 feet along the Northerly line of the
Southeast quarter of Section 29 to the point of beginning; thence
South 28° 57' West 188.00 feet; thence South 13° 55' West 253.91
feet; thence South 9° 33' West 185.98 feet; thence South 0° 07'
20" West 626.aa feet; thence South 3° 02' 20" East 228.58 feet;
thence South 0° 43' 20" East 782.gs feet; thence South 11° 08' 10"
East 410.39 feet to a point on the Southerly line of the
Southeast quarter of Section 29, which bears North 89° 28 1 SOn
East 750.00 feet from the South quarter corner of Section 29;
thence South 6° 28' East 371.14 feet; thence South 24° 38' East,
139.35 feet; thence South 69° 11' East 80.51 feet; thence South
50 o 32' East 99.56 feet; thence South 44 o 53 1 East 427 feet;
thence South 22° 58' East 235.90 feet; thence South 3° 06' East
210 feet; thence South 7° 49' East 562.58 feet; thence South 10°
01' West 300.06 feet; thence South 1° 18' East 444.67 feet to a
point on the Southerly line of the Northeast quarter of Section
32, Township 14 South, Range 23 East, Mount Diablo Base and
Meridian.
ALSO EXCEPTING THEREFROM an undivided 50% of all oil,
minerals, as reserved in deed from Home Ranch Co.,
November 17, 1975, in Book 6261 Page 134 of Official
Document No. 8303.
APN: 333-130-24S (portion)
PARCEL 9:
gas and
recorded
Records,
The Southeast quarter of the Northeast quarter of Section 29,
Township 14 South, Range 23 East, Mount Diablo Base and Meridian,
according to the Official Plat thereof.
EXCEPTING THEREFROM that portion thereof, described as follows:
Commencing at a point on the Southerly line of the Southeast
quarter of the Northeast quarter of Section 29, which bears South
89° 55' 30" West 490.00 feet from the East quarter corner of
Section 29 i thence South 89° 55 I 30 n West 818.86 feet j along the
Southerly line of the Southeast quarter of the Northeast quarter
of Section 29, to the Southwest corner thereof; thence North 0°
20' 25" West, 1313.77 feet, along the Westerly line of the
Southeast quarter of the Northeast quarter of Section 29, to the
Northwest corner thereof; thence North 89° 57' 30 11 East 1310.68
feet, along the Northerly line of the Southeast quarter of the
Northeast quarter of Section 29 to the Northeast corner thereof;
thence South 0° 15' 40" East, 999.05 feet, along the Easterly
line of Section 29; thence South 79° 28' West 423.30 feet; thence
South 16° 58' 30 11 West 248.00 feet to the point of commencement.
ALSO EXCEPTING THEREFROM an undivided 50% of all oil,
minerals, as reserved in deed from Home Ranch Co. ,
November 17, 1975, in Book 6261 Page 134 of Official
Document No. 8303.
APN: 333-130-24S (portion)
PARCEL 10:
gas and
recorded
Records,
The North half of the Southeast quarter and the West 3 0 feet of
the Southwest quarter of the Southeast quarter of Section 28,
Township 14 South, Range 23 East, Mount Diablo Base and Meridian,
according to the Official Plat thereof.
APN: 333-130-15
PARCEL 11:
That portion of Section 27, Township 14 South, Range 23 East,
Mount Diablo Base and Meridian, according to the Official Plat
thereof, described as follows:
Beginning at the Center Quarter corner of said Section 27; thence
South 89° 55 1 36" West along the East-West centerline of said
Section 27 a distance of 1087.00 feet; thence South 00° 51 1 12"
East a distance of 1293.12 feet, thence South 89° 35' 13" East a
distance of 1082.22 feet to a point on the East line of the West
half of said Section 27; thence North 00° 38 1 08 11 West along said
East line a distance of 1302.25 feet to the Point of Beginning.
APN: 333-130 38
PARCEL 12:
The East half of the Northwest quarter of Section 22, Township 14
South, Range 23 East, Mount Diablo Base and Meridian, according to
the Official Plat thereof.
EXCEPTING an undivided one-half interest in all oil, gas and
mineral and other hydrocarbons now or at any time hereafter
situate therein and thereunder, together with all easements and
rights necessary or convenient for the production, storage and
transportation thereof and the exploration and testing of the
said real property and also the right to drill for, produce and
use water from the said real property in connection with drilling
or mining operations thereon, as reserved in the Deed from K.
Arakelian, Inc., a corporation to D. Imperatrice, Jr. and Maude
L. Imperatrice, husband and wife, as joint tenants dated May 12,
1948 recorded June 4, 1948 as Document No. 27062, Official
Records, rights as heretofore reserved of record.
APN: 333-090-08s
PARCEL 13:
The Southeast quarter of the Southeast quarter of Section 28,
Township 14 South, Range 23 East, Mount Diablo Base and Meridian,
according to the Official Plat thereof;
EXCEPT an undivided 1/4 interest in all oil, gas and other
minerals as reserved by The Lincoln National Life Insurance
Company, a corporation, in deed recorded March 22, 1943 in Book
2071 Page 362, Document No. 9687 of Official Records;
AND EXCEPT an undivided 1/4 interest in all oil, gas and other
minerals as reserved by D. K. Arakelian and Alvera Arakelian, his
wife, in deed recorded December 20, 1943 in Book 2129 Page 383,
Document No. 43761 of Official Records;
AND ALSO EXCEPT one-half of all oil, gas and mineral rights in
and to said land as reserved by Joseph Giolitti, a married man in
deed recorded March 27, 1980 in Book 7492 Page 435, Document No.
31542 of Official Records.
APN: 333-130-17s
PARCEL 14:
The East half of the East half of the Northeast quarter of
Section 28, Township 14 South, Range 23 East, Mount Diablo Base
and Meridian, according to the Official Plat thereof;
Excepting a strip of land 25 feet in width along the North
side of said property for road purposes.
APN: 333-130-14
PARCEL 15:
Parcel A
The South half of the following described property:
The West half of the East half of the Northeast quarter of
Section 28, Township 14 South, Range 23 East, Mount Diablo Base
and Meridian, in the unincorporated area of the County of Fresno,
State of California, according to the Official Plat thereof.
{Pursuant to Parcel Map Waiver No. 98-13, recorded September 2,
1999, as Document No. 1999-01315981, Official Records).
Parcel B
A non-exclusive easement for ingress and egress over and across
the South 60 feet of the Southeast quarter of the Southeast
quarter of Section 21, Township 14 South, Range 23 East, Mount
Diablo Base and Meridian, and over and across the South 60 feet of
the Southeast quarter of Section 22, Township 14 South, Range 23
East, Mount Diablo Base and Meridian, according to the Official
Plat thereof, as created recorded April 9, 1999, as Document No.
1999-0055225 of Official Records.
Parcel C
A non-exclusive easement for ingress and egress over and across
the West 60 feet of the North half of the West half of the East
half of the Northeast quarter of Section 28, Township 14 South,
Range 23 East, Mount Diablo Base and Meridian, according to the
Official Plat thereof.
Parcel D
A non-exclusive easement for use of the existing irrigation
pipeline used to transport water from a Kings River Water District
outlet in a Westerly and Southerly direction to the above
described Parcel A (II the dominant tenement n) I which pipeline is
located within the North 25 feet of the East half of the East half
of the Northeast quarter of Section 28, Township 14 South, Range
23 East, and the East 25 feet of the North half of the West half
of the East half of the Northeast quarter of said Section 28
("the servient tenement"). This easement includes incidental
rights of repair and replacement of the pipeline.
APN: 333-130-40
EXHIBIT 8
Carmelita Mine and Reclamation Project
Unclassified Conditional Use Permit No. 3287
MITIGATION MONITORING AND REPORTING PROGRAM AND
CONDITION COMPLIANCE MATRIX
INTRODUCTION
The Mitigation Monitoring and Reporting Program (MMRP) has been prepared to
implement the mitigation measures identified in the Carmelita Mine and Reclamation
Project Environmental Impact Report (EIR). Section 21081.6 of the California
Environmental Quality Act (CEQA) requires adoption of a monitoring or reporting
program when mitigation measures have been identified that would reduce or avoid
significant environmental effects. This MMRP contains measures identified in the EIR
that would be implemented through monitoring of an activity, such as grading or
excavation, and other measures that would be implemented through a reporting
mechanism, such as obtaining an air quality permit or an Emergency/Contingency Plan.
The law states that the MMRP shall be designed to ensure compliance during
implementation of the Carmelita Mine and Reclamation Project (Project). When
implemented, environmental effects associated with the Project will be reduced or
eliminated. Therefore, the MMRP has been prepared as a matrix containing the
following elements:
• Measures that would mitigate significant impacts on the environment are
recorded with a description of the action and the procedure necessary to ensure
compliance.
• A procedure of compliance and verification has been outlined for each measure.
This procedure designates what action will be taken and when, who will take
action, and to whom and when compliance will be reported.
• The MMRP has been designed to provide focused, yet flexible guidelines. As
monitoring progresses, changes to compliance procedures may be necessary
based upon recommendations by those responsible for the program.
PROGRAM MANAGEMENT
The MMRP will be in place through all phases of the Project. The Project planner,
assigned by the Fresno County (County) planning director, shall coordinate
enforcement of the MMRP and oversee it to ensure that proper action is taken on each
mitigation measure. Each County department or division shall ensure that the Project
complies with the conditions (mitigation) that relate to that department.
The Project planner or responsible County department has the authority to stop the
work of the operator if compliance with any aspects of the MMRP is not occurring after
written notification has been issued. The Project planner or responsible County
department also has the authority to deny entry into a new mining phase until
compliance with a mitigation measure occurs.
CARMELITA MINE AND RECLAMATION PROJECT MMRP and Condition Compliance Matrix
CONDITION COMPLIANCE MATRIX
The MMRP that was circulated as Chapter 8.0 in the Draft EIR has been revised to
include the revised mitigation measures provided in the Final EIR and to incorporate
conditions of approval adopted by the County Board of Supervisors. The MMRP is now
entitled "Carmelita Mine and Reclamation Project Mitigation Monitoring and Reporting
Program and Condition Compliance Matrix.
Table 1, "Mitigation Monitoring and Conditions Compliance Program," includes the
mitigation measures and conditions of approval, the procedure for complying with
and/or monitoring them, and the party responsible for implementing them.
AES-1: The Proposed Project, specifically the floating excavator, and/or dragline may impact views along Central Avenue, East Annadale Avenue, Reed Avenue and surrounding residences. AES-2: The Proposed Project's sources of nighttime lighting would include operation of the processing facilities and vehicles traveling to and from the Project Site. Daytime and nighttime glare may also occur as light reflects off equipment and vehicles. TABLE 1 MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM AES-1: AES-1: During periods when it is known that the dragline will be idle for 30 days or more, the Submittal of dragline schedule tracking idlt operator shall lower the dragline boom to a near horizontal level to reduce the amount County with monitoring through the of time it would be visible from the surrounding viewpoints. inspections. AES~: AES~: The floating excavator, dragline and any potentially visible plant facilities shall be Use of an earth-tone, low-luster paint c painted an earth-tone color to achieve the best blending with the surrounding through the annual County mine inspectior landscape and vegetation. The paint used for this purpose should be low-luster (low reflectivity) so as to reduce glare. AES-3: I AES-3a: a. b. C. Night lighting on the property shall be arranged and controlled so as not to illuminate public rights-of-way or adjacent properties. The Applicant shall submit a lighting plan to the County Planning Department for approval prior to construction of the processing facility that will identify the location of lights, how they will be aimed, and types of shielding that will be utilized such that light bulbs and reflectors are not visible from public viewing areas and illumination of the vicinity and the nighttime sky is minimized. Nighttime lighting on the Project Site shall be limited to areas required for the safety of project personnel and the public. Review of Project Site light fixtures throuf Process. Annual compliance through Inspections. AES-3b: Submittal of lighting plan to the County bE processing facility. AES-3c: See AES-a. d. The Project's. fencing shall e.ither .be constructed of non-reflective material, I AES-3d and AES-3e: treated, or pamted to reduce v1sual Impacts. Annual compliance through annual County e. Non-reflective surfaces or non-reflective paint shall be used for the processing plant equipment and structures to minimize glare from these facilities. AGRICULTURAL AND FORESTRY RESOURCES AG-1: The Proposed Project would result in the conversion of farmland to non-agricultural uses. A maximum of 583 acres of AG-1: Current agricultural use of the Project Site shall continue until the land is prepared for mining activities according to the phasing plan included in the adopted Reclamation Plan, except as specifically approved by the County. Topsoil and vegetation removal shall not precede the initiation of surface minina activities in each Mine-Reclamation Annual compliance through annual County
AESTHETICS AES-1: The Proposed Project, specifically the floating excavator, and/or dragline may impact views along Central Avenue, East Annadale Avenue, Reed Avenue and surrounding residences. AES-2: The Proposed Project's sources of nighttime lighting would include operation of the processing facilities and vehicles traveling to and from the Project Site. Daytime and nighttime glare may also occur as light reflects off equipment and vehicles. TABLE 1 MITIGATION MONITORING AND CONDITION COMPLIANCE PROGRAM AES-1: During periods when it is known that the dragline will be idle for 30 days or more, the operator shall lower the drag line boom to a near horizontal level to reduce the amount of time it would be visible from the surrounding viewpoints. AES-2: The floating excavator, dragline and any potentially visible plant facilities shall be painted an earth-tone color to achieve the best blending with the surrounding landscape and vegetation. The paint used for this purpose should be low-luster (low reflectivity) so as to reduce glare. AES-3: a. Night lighting on the property shall be arranged and controlled so as not to illuminate public rights-of-way or adjacent properties. b. The Applicant shall submit a lighting plan to the County Planning Department for approval prior to construction of the processing facility that will identify the location of lights, how they will be aimed, and types of shielding that will be utilized such that bulbs and reflectors are not visible from oublic viewina areas and AES-1: Fresno County Dept. of Submittal of dragline schedule Public Works & Planning tracking idle/lowered periods to the Development Services County with monitoring through the Division annual County mine inspections. AES-2: Use of an earth-tone, low-luster paint color will be monitored through the annual County mine inspections. AES-3a: Fresno County Dept. of Review of Project Site light fixtures Public Works & Planning through the Site Plan Review Development Services Process. Annual compliance through Division annual County Mine Inspections. AES-3b: Submittal of lighting plan to the County before construction of the processing facility. AES-3c: See AES-a. AES-3d and AES-3e: Annual compliance through annual
CARMELITA MINE AND RECLAMATION PROJECT AG-1: The Proposed Project would result in the conversion of farmland to non-agricultural uses. A maximum of 583 acres of farmland would be permanently lost from agricultural production over the next 1 00 years as a result of the Proposed Project. illumination of the vicinity and the nighttime sky is minimized. c. Nighttime lighting on the Project Site shall be limited to areas required for the safety of project personnel and the public. d. The Project's fencing shall either be constructed of non-reflective material, treated, or painted to reduce visual impacts. e. Non-reflective surfaces or non-reflective paint shall be used for the processing plant equipment and structures to minimize glare from these facilities. CES AG-1: Current agricultural use of the Project Site shall continue until the land is prepared for mining activities according to the phasing plan included in the adopted Reclamation Plan, except as specifically approved by the County. Topsoil and vegetation removal shall not precede the initiation of surface mining activities in each Mine-Reclamation cell by more than 1 year. During annual inspections the County shall review compliance with this mitigation measure. AG-2: The Applicant shall ensure that the 602 acres within the Project Site, but outside the surface disturbance boundary, be maintained as an aaricultural buffer zone, Annual compliance through annual County Mine Inspections. Fresno County Dept. of Public Works & Planning Development Services Division
CARMELITA MINE AND RECLAMATION PROJECT ~EIR,NI itigati~J1;;JVIe.S,ijt~$tC6~~itioJ1~ ,ofc 1:·~i .. ~ . ·, ...... , ·:.~>.,:~~ppr9vat~}?;y· · : · .>/.·;: AQ-1: The Proposed Project's mining and processing activities could increase emissions of criteria pollutants and potentially violate air quality standards, or contribute substantially to an existing or projected air quality violation. AQ-2: The Proposed Project could create objectionable odors affecting a substantial number of people as the Proposed Project includes operation of an asphaltic concrete plant that can emit objectionable odors and may create a significant impact on nearby residences. and remain in agricultural production for the life of the Conditional Use Permit, estimated at 1 00 years. AG-3: Reclamation to farmland shall occur as adequate borrow materials are generated to fill the empty mine cells. Top soils gathered from other cells and protected and stored for reuse shall be utilized to recover the reclamation area with farmable soils. (Mining Reclamation Plan Actions SMR-1, 3, 4, 5, 6) AQ-1: Crushers and screens in the Aggregate Plant shall be controlled by baghouses or another technology that the SJVAPCD determines will achieve equivalent effectiveness when Best Available Control Technology (BACT) is applied during New Source Review (NSR). AQ-2: The design of the plant has the biggest effect on the odor emissions (primarily VOCs and semi-volatile organic compounds (SVOCs) from the asphaltic cement. A counterflow drum design will inherently have lower VOC emissions relative to a batch or parallel flow drum design. Once the design is fixed, the following design features will mitigate VOC, SVOC, and/or S02 emissions: Compliance during SJVAPCD's NSR SJVAPCD; Fresno County and through annual County Mine Dept. of Public Works & Inspections. Planning Development Services Division Compliance through annual County Fresno County Dept of Mine Inspections; submittal of plant Public Works & Planning design plans and record of burner Development Services tune-ups to the County that shall Division occur at least every other year.
CARMELITA MINE AND RECLAMATION PROJECT BIOLOGICAL RESOURCES 810-1: The Proposed Project could potentially impact migratory birds or raptors, particularly during nesting seasons. • The type of asphaltic cement used affects odorous emissions. Some cements have lower VOC/SVOC emissions than others. Therefore, cements with lower VOC/SVOC emissions will be used to the extent feasible. • Periodic burner tune-ups may reduce VOC emission by about 38 percent. Therefore, burner tune-ups will be implemented at least once every other year. • Mixing drum vapors will be routed back to the dryer burner. BI0-1: Nesting Raptor Preconstruction Surveys If initial construction or ground disturbance activities are initiated during the raptor nesting season (typically February to August), a qualified biologist shall conduct a pre-construction survey of the construction areas and the immediate vicinity (0.5 mile radius) for active raptor nests within 30 days of initiation of Project activities. The surveys shall be conducted according to the Protocol provided in Sub Appendix A-2 to the Biological Resources Environmental Assessment {Appendix F-1 ). 810-2: Avoidance If active nests are observed during pre-construction surveys conducted pursuant to Mitiqation Measure BI0-1, above Qualified biologist will conduct pre-Fresno County Dept. of construction surveys for nesting Public Works & Planning migratory birds and raptors and Development Services oversee avoidance of active nests Division during construction and ground disturbance activities.
CARMELITA MINE AND RECLAMATION PROJECT CR-1: The Proposed Project may result in a significant impact if cultural materials (i.e., flaked stone artifacts, ground stone, historical glass, bone, etc.) or features (e.g., hearths, structural foundations, privies, etc.) are discovered during project-related activities. impacts to nests shall be avoided by establishing a 300-foot construction-free buffer around the nest until the nest becomes inactive as determined by a qualified biologist. CR-1: If cultural materials (i.e., flaked stone artifacts, ground stone, historical glass, bone, etc.) or features (e.g., hearths, structural foundations, privies, etc.) are discovered during project-related activities, the find shall be reported immediately to the County of Fresno Planning Department, who shall recommend a qualified historical/archaeological monitor. The area of the find shall be avoided until the monitor is on-site. The monitor shall assess and make any necessary recommendations, including any procedures to further investigate or mitigate impacts to the find as required by law. Earthmoving activities shall cease and an archaeologist will be retained to assess the significance and provide direction. Fresno County Dept. of Public Works & Planning Development Services Division
CARMELIT A MINE AND RECLAMATION PROJECT CR-2: The Proposed Project could disturb unidentified subsurface archaeological resources during project-related activities. CR-3: The Proposed Project may directly or indirectly destroy a unique paleontological resource during project-related activities. CR-4: Project-related activities such as the minina of materials. could CR-2: In the event that unanticipated archaeological resources are encountered during project operations, all earthmoving activity in the area shall cease until a qualified archaeologist can evaluate the resources. The archaeologist shall assess the significance of the resources and offer recommendations for procedures determined appropriate to either further investigate or mitigate impacts to the cultural resources encountered. If the cultural resource is associated with the past lifeways of California Native Americans, evaluation, recommendations for further investigation, and/or mitigation shall be determined in consultation with the most likely descendent. CR-3: If paleontological resources are discovered during project-related activities, the find shall be reported immediately to the County of Fresno Planning Department, who shall provide direction to contact a paleontological monitor. The area of the find shall be avoided until the monitor is on-site. The monitor shall assess the find and make any necessary recommendations, including any procedures to further investigate or mitigate impacts to the find as required by law. CR-4: In the event that unanticipated human remains are discovered, work will Earthmoving activities shall cease and an archaeologist will be retained to assess the significance and provide direction. Earthmoving activities shall cease and a paleontologist will be retained to assess the significance and provide direction. CR-4: Earthmoving activities shall cease and the Fresno Countv Coroner will Fresno County Dept. of Public Works & Planning Development Services Division Fresno County Dept of Public Works & Planning Development Services Division Fresno County Dept. of Public Works & Planning Development Services
CARMELITA MINE AND RECLAMATION PROJECT uncover and disturb unidentified human remains. immediately stop at the discovery location and any nearby area reasonably suspected to overlie adjacent human remains. The Fresno County Coroner shall immediately be contacted to determine if the cause of death must be investigated. If the coroner has reason to believe that the remains are of Native American origin, he or she will contact the NAHC by telephone within 24 hours (PRC § 7050.5). CR-5: The NAHC and landowner will follow prescribed steps in PRC Section 5097.98, which include but are not limited to the following: The NAHC will notify those persons it believes to be the most likely descended from the deceased Native American. The most likely descendant may recommend to the landowner the means of treating and disposing of, with appropriate dignity, the human remains and any associated grave goods. The landowner shall ensure the immediate vicinity of the Native American human remains is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations. If Native American remains are discovered, the Applicant shall work with the NAHC to develop and execute an agreement between themselves and the most likelv descendant(s) of Native assess the remains to determine the correct action. CR-5: Execution of agreement with NAHC regarding treatment of burial items and unanticipated human remains. Division; Native American Heritage Commission; Fresno County Coroner
CARMELITA MINE AND RECLAMATION PROJECT GE0-1: The cut and/or fill slopes of the proposed excavations and levees may be unstable and fail under saturated conditions or due to seismic events. Americans who may be buried in the vicinity by which the human remains and associated burial items will be treated or disposed, with appropriate dignity. GE0-1: Under a dewatering scenario, dewatering wells will be used to lower groundwater levels sufficiently behind the slope face as necessary to maintain a minimum factor of safety of 1.3 under static conditions while considering the groundwater conditions within the slope. The factor-of-safety shall be measured using the computer program SLIDE 5.0 (Rocscience 2003, Appendix H-1) and reported to the County. GE0-2: Any waste material shall be stockpiled and stored in the processing area, separated from overburden/topsoil stockpiles, and used to elevate the quarry floors in various cells as available and as necessary to reach final reclaimed design elevation. GE0-3: Backfilled mine spoils that are compacted to minimum relative compaction of 90 percent per ASTM D1557 shall be inclined at 2H:1V. GE0-4: Backfilled mine spoils that are placed in controlled lifts of no more than 12-inches thick and compacted by track walking by dozers and haulina eauioment on GE0-1: Fresno County Dept. of The Applicant will report the Public Works & Planning measured factor of safety to the Development Services County. Division GE0-2, GE0-3, GE0-4: Compliance through annual County Mine Inspections. GE0-5: Additional geotechnical studies to provide further assessment of this scenario, to be completed before any dredging operations. The appropriate slopes determined by the study will be incorporated into the backfill slope design. GE0-6: If incorporating the muds into the mine spoils backfill without drying and compaction, the geotechnical report prepared by a County-approved geotechnical expert will be submitted to the County for review. Compliance through annual County Mine Inspections.
CARMELITA MINE AND RECLAMATION PROJECT perimeter slopes and interior slopes adjacent to the agricultural water ditches shall be inclined at 2.5H:1V. GE0-5: Dredging may result in the need to backfill soils below the groundwater. For this scenario, the backfill will likely exhibit lower shear strengths than assumed in the stability analyses and will likely require substantially flatter backfill slopes. Additional geotechnical studies shall be completed to assess the shear strength of hydraulically placed soils and the required backfilled slope inclination. These studies shall be completed following commencement of the mining operations after mine spoil properties can be better characterized, but regardless, shall be completed prior to any dredging operations. If the studies determine that substantially flatter slopes are required, these changes will be incorporated into the backfill slope design. GE0-6: If the mining operations generate "muds," the muds shall be dried and compacted as backfilled mine spoils. Alternatively, it may be possible to incorporate the muds into the mine spoils backfill without drying and compaction provided geotechnical studies (prepared by a County-approved geotechnical expert) are completed to define the maximum mud lift thickness and horizontal offset from the final slope face that will result in a static factor of safetv of
CARMELITA MINE AND RECLAMATION PROJECT HAZARDS AND HAZARDOUS MATERIALS HAZ-1: HAZ-1: The use of hazardous materials for 1 . construction of the processing facilities related to the Proposed Project could pose a potential hazardous materials related impact if a spill or accident occurred. The u~e. of hazard?us materials during 1 2 m1mng operations could pose a · potential health and safety hazard to operational workers if a significant spill or accident occurred. Transportation, storage, use, and disposal of hazardous materials shall be in accordance with all applicable pertinent federal, state, and local laws, ordinances, regulations, and standards. The following preventative measures shall be implemented during construction and/or operation to minimize impacts associated with (a) fueling and maintenance of vehicles; (b) maintenance of equipment; and/or (c) transport, storage, use, and dispose of hazardous materials. a. Normal refueling and maintenance operations will occur in specified areas. b. C. Procedures will be outlined to minimize the chance of a fuel spill during servicing and refueling. Gasoline, diesel, and/or · propane above ground storage tanks will be provided with pylons or other restricting access devices to minimize the risk of a vehicle colliding with the tanks. d. Hazardous material will be transoorted in DOT -aooroved HAZ1: 2a, 2c-l, 2o: Compliance through annual County Mine Inspections. 2b: Submittal of servicing and refueling procedures before construction activities begin. 2m: Submittal of the construction and operational Hazardous Communication (HAZCOM) Plans to the County before construction activities begin. 2n: Submittal of the site-specific Spill Control and Countermeasure (SPCC) Plan and Hazardous Material Business Plan (HMBP) to the County before construction activities begin. 2p: Training of all personnel involved in handling hazardous materials in accordance with OSHA HAZWOPER regulations before they become involved in such activities. California Department of Toxic Substances Control; Occupational Safety and Health Administration; Fresno County Dept. of Public Works & Planning Development Services Division
CARMELIT A MINE AND RECLAMATION PROJECT containers and allowed only on approved access roads. Additionally, vehicles and/or storage containers will be properly marked. e. Only authorized personnel will conduct equipment servicing and maintenance. f. All equipment used for storage or dispensing of gasoline or diesel will be in accordance with the National Fire Protection Administration (NFPA) requirements. This equipment will include but will not be limited to ASTs, pumps, hoses, and nozzles. g. Vehicles carrying hazardous materials will be equipped with appropriate materials to contain a small spill (i.e. 5 gallons or less) should one occur during transport. Additionally, all service vehicles will be equipped with Class 8 fire extinguishers and have adequate supplies of spill containment equipment (e.g., granular absorbents, absorbent pigs, and/or catch-basins). h. Equipment engines will be turned off during refueling operations to minimize fire risk.
CARMELIT A MINE AND RECLAMATION PROJECT i. Smoking, open flames, or welding will not be allowed in or near the refueling areas or areas containing or used for storage of flammable materials. j. All refueling or maintenance operations will be performed away from drains, culverts, and stormwater runoff collection areas to prevent contamination of local water bodies in the event of an accidental release of hazardous materials. k. Hazardous wastes, including used oil, used oil filters, used gasoline containers, spent batteries, and other items, will be collected regularly and stored at the facility's permitted 90-day temporary hazardous material storage area. Additionally, contaminated soil and other materials will be placed in appropriate containers and transported to the 90-day temporary hazardous material storage area. All hazardous waste will be disposed of at a regulated treatment, disposal, and storage facility. I. Hazardous materials will be stored in proper containers and in desianated areas.
CARMELITA MINE AND RECLAMATION PROJECT HAZ-2: Potential for the Project to create conditions suitable for mosquito development. emergency response materials will be stored near these areas. m. Detailed information about the use, storage, and disposal of hazardous materials will be provided in the construction and operational Hazardous Communication (HAZCOM) Plans. HAZCOM Plans define specific procedures for vehicle refueling and servicing, transportation and storage of hazardous materials, and the disposal of hazardous wastes. n. The Project will develop and implement a site specific Spill Control and Countermeasure (SPCC) Plan and a Hazardous Material Business Plan (HMBP). o. All fuel containers will be inspected periodically for signs of leaking or failure. p. All personnel involved in handling hazardous materials shall be trained in accordance with OSHA Hazardous Waste Operating and Emergency Response Standard (HAZWOPER) regulations. HAZ-2:• Compliance through annual County Consolidated Mosquito • Access to the Project Site shall be Mine Inspections and site surveillance Abatement District; County provided for mosquito abatement by the Consolidated Mosquito Dept. of Public Works & personnel for surveillance and control Abatement District. Planning Development
CARMELIT A MINE AND RECLAMATION PROJECT NOI-1: Temporary plant construction and mining and processing activities may expose residents in the immediate area to excessive noise levels. of mosquitoes. • Vegetation shall be removed or thinned as needed (except reclamation vegetation) to facilitate pesticide applications and to enable mosquitofish, if necessary, to reduce the size of the mosquito population through biological means. • Mosquito breeding habitat shall be dewatered to the extent feasible to minimize the size of potential mosquito-producing areas (except dewatering of active excavations or reclaimed ponds). • Borders or levees shall be constructed to contain seepage or stormwater found to be producing mosquitoes and is a result of the Project • All impoundments or ponds, including reclamation ponds (except active excavations), shall be a minimum of 4 feet deep to minimize the growth of vegetation that provides mosquitoes with favorable breeding habitat and hinders mosquito-control activities. N-1: An 8-foot high earth berm, similar to the existing berm located along the northern boundary of Receiver G, shall be constructed at the locations shown in Figure 4.11-2 [of the Draft EIR] to reduce imoacts at Receivers B. F. G, and H. Services Division N-1: County Dept Compliance through annual County Works & Mine Inspections. Development N-2: If the Applicant chooses to deviate from this measure, on-site noise Division of Public Planning Services
CARMELITA MINE AND RECLAMATION PROJECT Such berms are anticipated to provide approximately 5 dB of noise level reduction for worst-case surface mining operations (i.e. prior to the excavation equipment recessing into the pit). Although noise would be generated during the construction of recommended berms/barriers, such noise would be limited to daytime hours and be temporary in nature. N-2: Mining activities within 2,000 feet of existing residences (Receivers B, C, F, G, and I) shall start on the portion of the cell furthest from the nearest residences, progressing below grade in the direction of those residences, unless it can be demonstrated through on-site noise measurements that the noise standards of significance can be satisfied without this measure or through implementation of other excavation noise control measures. This mitigation will be required when excavating cells M-R 3, 18, 19, 20, and 21, as shown on Figure 4.11-2. If this excavation approach is required to satisfy the project standards of significance, initial mining on the far side of the phases within 2,000 feet of a residence should be completed to a depth of approximately 20 feet before continuing in the direction toward the residence(s). Therefore, mining activities may be visually and acoustically shielded as the mining equipment moves towards the ootentiallv imoacted measurements will be provided to the County demonstrating that the noise standards of significance can be satisfied without this measure or through implementation of other excavation noise control measures. If deemed necessary, following the installation of additional plant mitigation measures, subsequent noise measurements shall be conducted as described at the nearest noise-sensitive receivers and reported to the County. If subsequent monitoring indicates that noise levels continue to exceed the project standards of significance, the County may require additional mitigation measures until monitoring verifies that project standards of significance are not exceeded. Compliance will additionally be met through annual County Mine Inspections.
CARMELITA MINE AND RECLAMATION PROJECT receiver(s). The following measures shall be implemented as project design measures and will be made conditions of approval: • Excavation will only occur from 7:00 a.m. to 7:00 p.m. Monday through Friday unless it can be demonstrated through on-site noise measurements that such activities could occur during nighttime hours without exceeding the project thresholds of significance. • Rock plant processing (crushing and screening) and the recycle plant will be limited to 7:00a.m. to 7:00 p.m. Monday through Friday, except during emergencies or to supply nighttime road construction projects and emergency work with nighttime delivery of materials. • Aggregate load-out will be limited to 6:00 a.m. to 9:00 p.m. Monday through Friday, except during emergencies or to supply nighttime road construction projects and emergency work with nighttime delivery of materials. • Asphalt and ready mix concrete plant operations will be limited to 4:00 a.m. to 6:00 p.m. Monday through Friday (May-October), 5:30 a.m. to 6:00 p.m. Monday throuah Fridav (November-April
CARMELITA MINE AND RECLAMATION PROJECT and 7:00 a.m. to 2:00 p.m. on Saturdays, except during emergencies or nighttime road construction projects requiring materials. • Mining setbacks of approximately 400 feet adjacent to Receivers 8 and I, and approximately 300 feet adjacent to Receiver G shall be established. • Back up mining devices on mobile equipment will utilize radar or strobe-based warning systems during nighttime operations provided such equipment complies with all regulatory requirements and can be safely utilized for the Proposed Project operations. • Aggregate stockpiles will be located in conjunction with berms so as to provide shielding of processing area noise in the direction of the nearest residences to the processing area. • The asphalt plant will be positioned such that the burner opening will be directed away from the nearest residences to the south. • When the plant mitigation measures are in place and within no more than 60 days following initial plant operations, noise measurements shall be conducted
CARMELITA MINE AND RECLAMATION PROJECT at the nearest noise sensitive receivers and reported to the County to ensure that the mitigation measures are sufficient for the plant to meet the applicable noise standards. The noise monitoring shall be conducted with the plant-area sources operating normally and continuously for a period of period of sufficient duration to achieve a stable reading of median noise level (L50). In the event that the plant-area operations do not exceed project standards of significance at the measurement location, the plant shall be determined to be in compliance with the project's significance thresholds. In the event that measured levels which are clearly attributable to the plant-area equipment exceed the project standards of significance, the source of the exceedance shall be identified and additional noise control measures implemented. Such measures could include, but would not be limited to, the following options: o Suspension of acoustic curtains or blankets around equipment or operations responsible for the identified exceedance. o Linina of aaareaate chutes
CARMELITA MINE AND RECLAMATION PROJECT and hoppers with heavy urethane sheets. o Increasing the heights of aggregate stockpiles. o Procuring quieter equipment to replace the equipment responsible for the identified exceedance. o Installing silencers on critical exhaust stacks. If required pursuant to the above, additional plant mitigation measures shall be installed following the monitoring required pursuant to the above. Following the installation of additional plant mitigation measures, subsequent noise measurements as described above shall be conducted at the nearest noise-sensitive receivers and reported to the County. In the event that subsequent monitoring indicates that noise levels continue to exceed the project standards of significance, the County shall require additional mitigation measures until monitoring verifies that project standards of significance are not exceeded.
CARMELIT A MINE AND RECLAMATION PROJECT TC-1: TC-1: The Proposed Project would The Applicant shall pay proportional fair increase vehicle trips on public share contributions toward the following roads and could contribute to intersection improvements and roadway unacceptable levels of service on segment improvements: roadway segments and at . intersections. Intersection Improvements: • SR 180/ Oliver Avenue signalization • SR 180/ Trimmer Springs Road installation of eastbound to northbound left turn lane • SR 180/ Piedra Road signalization • SR 180/ Reed Avenue signalization • Academy Avenue/Central Avenue signalization • Goodfellow Avenue/Reed Avenue signalization • Reed Avenue/Adams Avenue signalization • Reed Avenue Road Segment Improvements • Widen from two lanes to four lanes between Goodfellow Avenue and Adams Avenue The Applicant shall enter into traffic mitigation agreements with the County (for non-SR 180 improvements) and with Caltrans (for SR 180 improvements). The traffic mitigation agreements shall be executed Prior to the Countv's issuance of The Applicant shall enter into traffic mitigation agreements with the County (for non-SR 180 improvements} and with Caltrans SR 180 improvements) before the County issues a building permit for the Project. Fair share payments shall be made based on the schedule detailed in this measure. If either Caltrans or the County notifies the Applicant that early payment for construction of the improvements is required, the Applicant will provide the requisite funding for that particular improvement within 3 months of the request. California Department of Transportation; County Dept. of Public Works & Planning Development Services Division
CARMELITA MINE AND RECLAMATION PROJECT a building permit for the Project. The proportional fair share payment amounts shall be determined based on the estimated cost of each improvement and the Project's proportional contribution to predicted total AM peak-hour trips at the improvement location. Fair share payments shall be made based on the following schedule: Within 3 Years Following First Day of Sale of Material from the Project: • SR 180/0iiver Avenue signalization • SR 180/Piedra Road signalization • SR 180/Reed Avenue signalization • Reed Avenue/Adams Avenue signalization Within 5 Years Following First Day of Sale of Material from the Project: • SR 180/Trimmer Springs Road installation of eastbound to northboundleftturn lane • Academy Avenue/Central Avenue signalization • Goodfellow Avenue/Reed Avenue signalization • Widen Reed Avenue from two lanes to four lanes between Goodfellow Avenue and Adams Avenue If, prior to the payment of funds pursuant ~-------·----------·-------------------··--····-~··-·----------------------------------~
CARMELITA MINE AND RECLAMATION PROJECT , ··,········~~···r::~·:Cqi"Qplian~~~ftll<>~·itoliris·•·.Ptoc~~u~~··• to this measure, either Caltrans or the County notifies the Applicant that the agency is proceeding with final design with the intent to construct one or more of the improvements identified in this measure and if the agency requests early payment for that purpose, the Applicant shall provide the requisite funding for that particular improvement within 3 months of the request
CARMELITA MINE AND RECLAMATION PROJECT TC-2: The Proposed Project access road intersection with Reed Avenue could operate at unacceptable levels of service. This impact is considered potentially significant. TC-3: The Proposed Project would increase vehicle trips at the Project Site access intersection which could increase hazards and result in unacceptable levels of service. TC-5: TC-2: The Project shall dedicate the necessary rights-of-way (only to the extent already owned by the Applicant) for lane improvements and associated transitions and tapers and shall fund the construction of turn-lane and acceleration lane improvements at the Project site access road intersection with Reed Avenue. The following improvements shall be constructed prior to any product being shipped from the Project Site: • Install a 575-foot left-turn lane on northbound Reed Avenue to the Project site access road; • Install a 600-foot right-turn lane on southbound Reed Avenue to the Project site access road; and • Install a 500-foot acceleration lane on northbound Reed Avenue from the Project site access road. TC-3: The Applicant shall fund the acquisition, installation and maintenance of "SLOW TRUCKS" road signs (California sign designation W51 (CA)) for the northbound and southbound Reed Avenue approaches to the Proposed Project access intersection. Such signage shall be installed prior to the initial sale of material from the Proposed Project and shall be maintained for the duration of the Proposed Project's operations. TC-5: l~·Q,~a~m~~! The Applicant will construct the improvements prior to any product being shipped from the Project Site. Compliance through annual County Mine Inspections. County Dept. Works & Development Division Compliance through annual County I County Dept. Mine Inspections. Works & Development Division Compliance through annual County I County Dept. of Public Planning Services of Public Planning Services of Public
CARMELITA MINE AND RECLAMATION PROJECT Potential for decreased safety on 1 The Project Operator shall: Mine Inspections. Works & Development Division Planning Services public roadways associated with Project vehicles. 2. 3. 4. a. b. Produce and provide a handout and post on-site signage informing drivers of general California Vehicle Code requirements, and Request a map(s} from area school districts of bus stop locations and distribute map(s); and, if maps are provided by area schools, maps shall be provided to trucking companies and drivers that enter the Project Site. The CUP approval shall be conditioned Submittal of Financial Assurances to Fresno County Dept. of upon acceptance of Financial Assurances the County Public Works & Planning by the [Fresno County Planning] Director. Development Services Division To ensure that reclamation will proceed in Submittal of Financial Assurances to Fresno County Dept. of accordance with the approved Mining and the County with Department of Public Works & Planning Reclamation Plan, the County shall Conservation being an alternative Development Services require, as a condition of approval, payee. Division security which will be released upon satisfactory performance. Development and operation of the use shall be in conformance with the site plan, elevation drawings, operational statement, and Reclamation Plan approved by the Commission. The Applicant shall implement the Compliance through annual County Fresno County Dept. of mitigation measures adopted by the Mine Inspections. Public Works & Planning County. Development Services Division
7. 8. 9. 10. CARMELIT A MINE AND RECLAMATION PROJECT Noise Land Use The Applicant shall not exceed annual I Compliance through mined production of 1.4 million tons Mine Inspections (including aggregate and overburden). Fresno County Dept. of Public Works & Planning Development Services Division The Applicant shall not exceed maximum Compliance through annual County Fresno County Dept. of annual marketed aggregate production of Mine Inspections Public Works & Planning 1.25 million tons per year. Development Services Division The Applicant shall comply with Fresno I Compliance through annual County County noise standards applicable to Mine Inspections construction activities associated with the Project. The Applicant shall realign the existing water pipeline located within Mine-Reclamation Cells M-R-3 and M-R-1 0 to an alignment compatible with the Project mine and reclamation plan. The realignment shall not result in substantial disruptions in water conveyance. The Applicant shall comply with all applicable County recycling requirements. Operator shall contact Fresno County Department of Public Works & Planning Development Services Division to notify them that such relocation is occurring and, upon completion, shall provide than confirmation that such relocation has taken place. The Applicant shall comply with all Compliance through agency-specific applicable federal, state, and local applications, permitting, and regulatory requirements. monitoring procedures. Fresno County Dept. of Public Works & Planning Development Services Division; Fresno County Environmental Health Division Fresno County Dept. of Public Works & Planning Development Services Division Fresno County Dept. of Public Works & Planning Development Services Division California Air Board; Department of Game; Department Health; Department Substances Resources California Fish and California of Public California of Toxic Control;
CARMELITA MINE AND RECLAMATION PROJECT California Department of Transportation; California Department of Water Resources; California Occupational Safety and Health Administration; Federal Aviation Administration; Fresno County Dept of Public Works & Planning Development Services Division; San Joaquin Valley Air Pollution Control District; U.S. Department of Transportation; U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service
13. CARMELITA MINE AND RECLAMATION PROJECT Mitigation Monitoring (Reimbursement for Third Party Monitor) Mitigation Monitoring (Reimbursement for Staff Time in Mitigation and Condition of Approval Implementation) The Applicant shall enter into an Within 60 days after project approval Applicant, in coordination agreement with the County of Fresno to or prior to the issuance of grading and with Fresno County implement a Mitigation Monitoring and/or building permits, which-ever occurs Department of Public Works Reporting Plan and Condition Compliance first and Planning Matrix.to be administered by a third party in accordance with Section 21081.6 of the California Public Resources Code and Section 15097 of Title 14, Chapter 3 of the California Code of Regulations. This agreement shall cover monitoring the Project's mitigation measures and conditions of approval as provided in the Mitigation Monitoring and/or Reporting Plan and Condition Compliance Matrix. Fees shall be submitted at the time the property owner submits the signed mitigation monitoring agreement. The Applicant shall enter into an agreement with the County of Fresno to provide funding to compensate for County Staffs time in reviewing and administering any materials related to Mitigation Monitoring and/or Reporting, including those prepared by the third party administrator. The Applicant Shall Enter into an Agreement Indemnifying the County for Legal Costs Associated with its Approval of Unclassified Conditional Use Permit No. 3287. The Indemnification Agreement shall be submitted to the County Department of Public Works and Planning Development Services Division. Within 60 days after project approval or prior to the issuance of grading and building permits, which-ever occurs first. The Indemnification Agreement shall be submitted to the County Department of Public Works and Planning Development Services Division. Applicant, in coordination with Fresno County Department of Public Works and Planning Fresno County Department of Public Works and Planning Development Services Division
14 CARMELITA MINE AND RECLAMATION PROJECT Security Fencing Planning Commission Grading and Drainage Water Balance Calc per 1 The processing plant site, reclaimed water Fencing plan to be reviewed and basins, and all active and previously approved during site plan review. mined areas that are reclaimed to water Perimeter fencing shall be in place basins shall be enclosed by security prior to mining. fencing. Fencing shall be removed from active mine cells once the cells have been reclaimed to agricultural use. The fence and related gates enclosing the required areas shall be six (6) foot in height. The fences surrounding water basins shall be chain link. An Engineered Grading and Drainage plan shall be submitted to the Department of Public Works and Planning demonstrating how surface runoff and drainage will be controlled in accordance with Fresno County Standards. The plan must include calculation of runoff quantities generated by this development and capacity of proposed facilities. The plan must also include detailed erosion control measures designed for not less than the 20 year/1 hour Intensity storm event. The reclamation plan shall be supplemented with those elements of the Engineered Grading and Drainage plan, subject to the provisions of the Surface Mining and Reclamation Act. Engineered Grading and Drainage plan details supplementing the Reclamation Plan shall not be considered a substantial deviation of the approved reclamation plan under SMARA section 3502(d). An Engineered Grading and Drainage plan shall be submitted to the Department of Public Works and Planning demonstrating how surface runoff and drainage will be controlled in accordance with Fresno County Standards. Upon receipt of materials determined to be complete, the information shall be processed as a minor reclamation plan amendment to allow the incorporation of these engineering details into the reclamation plan. As part of the review process, the County shall provide the Department of Conservation/Office of Mine Reclamation the opportunity to review the minor amendments to the reclamation plan, in accordance with the provisions of SMARA. he commencement of mine I A water balance a calculated water balance for conditions shall be Fresno County Department of Public Works and Planning Development Services Division Fresno County Department of Public Works and Planning Development Services Division epartment rks
CARMELITA MINE AND RECLAMATION PROJECT RWQCB Discharge Regulations Northwest Setback per Board of Supervisors post-mining conditions will be prepared and submitted to the County of Fresno for review and approval. In the event that future changes in discharge regulations applicable to the project occur, the Applicant shall notify the County of these changes and it shall be determined whether the changes require an amendment to the reclamation plan. A minimum setback of 150 feet shall be provided between the Project site boundary and the mining area boundary for the following perimeter areas to increase the seoaration between minin qualified hydrologist and submitted to the Department of Public Works and Planning. Upon receipt of and deeming the materials to be complete, the information shall be processed as a minor reclamation plan amendment to allow the incorporation of this detailed information into the reclamation plan. As part of the review process, the County shall provide the Department of Conservation/Office of Mine Reclamation the opportunity to review the minor amendments to the reclamation plan, in accordance with the provisions of SMARA. Planning Development Services Division If an amendment to the reclamation Fresno County Department plan is required, and upon receipt of of Public Works and and deeming the materials to be Planning Development complete, the information shall be Services Division processed as a plan amendment to allow the incorporation of the changed requirements into the reclamation plan. As part of the review process, the County may provide the Department of Conservation/Office of Mine Reclamation the opportunity to review the amended reclamation plan, in accordance with the provisions of SMARA. Setbacks on Mine Plan and Fresno County Department Reclamation Plan to be reviewed and of Public Works and approved during site plan review. Planning Development Services Division
CARMELITA MINE AND RECLAMATION PROJECT Entrance Berm Design per Board of Supervisors Southern Noise Berm Landscaping per Board of Supervisors and the adjoining oak tree habitat: western perimeter of cell M-R 2, the northern and western perimeters of cell M-R 3, and the western perimeter of cell M-R 10. Landscaped berms shall be installed and maintained at the Project Site access along Reed Avenue. The berms shall have a total combined linear length parallel to Reed Avenue of 1,500 feet and neither the northern or southern berm shall be less than 500 feet in length. The berms shall be a minimum of 8 feet in height along a minimum of 75 percent of the linear crest and shall have a minimum combined footprint area of 25,000 square feet. Berms shall be landscaped with a combination of trees and shrubs that shall provide a minimum of 30 percent cover upon maturity. Plant selection shall be influenced by a goal of maintaining the visual character of the existing land uses and of the Blossom Trail. Landscaping shall comply with all applicable irrigation water efficiency standards and shall be maintained throughout the life of the Project The berms and landscaping shall be designed by a certified Landscape Architect. The Landscape Plan shall be submitted to and approved by the County Department of Public Works and Planning prior to the construction. The Project berm to be constructed in the central portion of the southern project site boundary shall be landscaped in a design coordinated with the owner of the oropert Berm design to be reviewed and approved prior to construction. Fresno County Department of Public Works and Planning Development Services Division Berm design and documentation of Fresno County Department property owner coordination to be of Public Works and reviewed prior to berm landscaping. Planning Development Berm earthwork mav be comoleted
CARMELITA MINE AND RECLAMATION PROJECT Access Intersection Shoulders per Board of Supervisors south of this location. The Applicant shall provide evidence of coordination and discussions with this property owner and shall provide evidence that the landscaping for this berm reflects the property owner's reasonable input as determined by the County Department of Public Works and Planning. The Applicant shall document attempts to coordinate with property owner and, if property owner refuses to reasonably respond, document such failure. Landscaping shall comply with all applicable irrigation water efficiency standards and shall be maintained throughout the life of the Project The berms and landscaping shall be designed by a certified Landscape Architect The Landscape Plan shall be submitted to and approved by the County Department of Public Works and Planning prior to construction. The design of the Project access intersection at Reed Avenue shall include paved roadway shoulders on Reed Avenue of equal or greater width than the shoulders that currently exist at this location. Improvement Plans shall be submitted to and approved by the County Department of Public Works and Planning prior to construction. FRESNO COUNTY AIRPORT LAND USE COMMISSION prior to final landscape plan I Services Division approval.) Intersection improvement plans to be Fresno County Department reviewed and approved prior to of Public Works and construction. (See Mitigation Measure Planning Development TC-2.) Services Division 22. I City of Reedley and Reedley I The Applicant shall implement an adaptive a, b: County Dept. of Public Municipal Airport wildlife monitoring and action plan for the Compliance through annual County Works & Planning entire Project site that will include the Mine Inspections. Submittal of the Development Services following elements: adaptive wildlife monitoring and Division; City of Reedley;
CARMELITA MINE AND RECLAMATION PROJECT a. b. C. Continue existing rodent control management practices currently used at the Project site for the agricultural practices, and expand such practices as necessary during Project operations and reclamation. The Project water basins (reclaimed mine cells) shall have the following design characteristics that will minimize attraction to waterfowl: Steep slopes (at least 2 horizontal to 1 vertical); Linear edges. Vegetation growth within the water basins and water basin perimeters shall be managed to either eliminate or curtail growth so as to minimize its suitability and attraction as foraging or nesting habitat. A Federal Aviation Administration (F AA)-qualified wildlife biologist shall conduct quarterly surveys (four times per year) of the Project site for bird activity. The surveys shall include review of weekly monitoring results recorded by the Project site manager or designee. Survey results, including specific monitoring and recording of observations made, shall be documented in a quarterly written summary prepared by the wildlife biologist The quarterly reports shall be submitted to the Fresno Countv Plannina Deoartment, Cit action plan to the County. c: Quarterly reports conducted by the FAA of the Project site for bird activity shall be submitted to the Fresno County Planning Department, City of Reedley Airport Manager, Reedley Airport Commission, and Fresno County ALUC. d: If determined necessary, the Project owner shall fund the portion of the wildlife hazard management plan applicable to the Project site and implement the bird attraction minimization measures identified in the plan. Compliance will be met through annual County Mine Inspections. e: The County will confirm the qualifications and objectivity of the FAA-qualified wildlife biologist before the biologist beings to prepare the plan. f: Through annual County Mine Inspections, the County and Reedley Airport Manager shall confirm compliance of with the WHMAP and determine when implementation of the WHMAP is no longer necessary. g: City of Reedley Municipal Airport; Reedley Municipal Airport Commission; Fresno County Council of Government, Airport Land Use Commission
CARMELITA MINE AND RECLAMATION PROJECT d. of Reedley Airport Manager, Reedley Airport Commission, and Fresno County ALUC. After review of the quarterly written summary, the Fresno County Planning Department, City of Reedley Airport Manager, Reedley Airport Commission, and/or the Fresno County ALUC may request the attendance of the FAA-qualified wildlife biologist at a meeting of the respective agency or comm1sston to present information pertaining to monitoring and recommendations. Based on information obtained through monitoring (as required by Condition 1(c)), the FAA qualified wildlife biologist shall make a determination consistent with then applicable FAA guidance [Currently FAA Advisory Circular (AC) 150/5200-36] as to whether observations of bird activity on the Project site indicate that preparation of a wildlife hazard assessment is warranted and shall communicate that determination to the Fresno County Planning Department and Planning Commission, the City of Reedley Airport Manager, the Reedley Airport Commission, the Fresno County ALUC, and the mining company plant manager. In the event that a wildlife hazard A breach of this contractual obligation shall be enforceable through a civil action; and, after judgment, the remedies would include potential injunctive relief, damages, and execution against land holdings.
CARMELITA MINE AND RECLAMATION PROJECT assessment determines that a wildlife hazard management plan is necessary, the Project owner shall provide funding for the portion of the wildlife hazard management plan applicable to the Project site and the Project owner will implement any bird attraction minimization measures identified in the wildlife hazard management plan deemed appropriate and necessary to reduce bird attraction to acceptable levels. These measures shall be in accordance with then applicable FAA guidance that addresses Wildlife Hazard Attractants on or near airports. e. An FAA-qualified wildlife biologist shall conduct, prepare and or review the wildlife monitoring reports. This wildlife biologist shall be an objective third party consultant retained by the mine operator. f. The Property owner shall comply with the terms and conditions of the Wildlife Hazard Management and Action Plan (WHMAP) after the expiration of the Conditional Use Permit until such time as both the Fresno County Planning Department and Reedley Airport Manager determine that such WHMAP is no lonaer necessarv.
23. CARMELITA MINE AND RECLAMATION PROJECT City of Reedley Airport The intent of the WHMAP is to comply with the then current laws, regulations and guidance through implementation of quarterly surveys and associated adaptive bird attractant minimization measures. g. Prior to the expiration of the CUP, the Property Owner shall enter into a contract with the City of Reedley which shall ensure the maintenance of the post-mining condition of the site in a manner consistent with any terms and conditions of the WHMAP. A breach of that contractual obligation shall be enforceable through a civil action; and, after judgment, the remedies would include potential injunctive relief, damages, and execution against land holdings. · ·~·~(>rjlptJa.ofelM.~·~itp.~·~~r·,f:tr4~~~~~re:. a No less than 45 days prior to construction or placement of a structure or other object at the Project site within the Secondary Airport Land Use Compatibility. Review Area, the height of which exceeds that permitted under the adopted County zoning, and subject to Federal Aviation Regulations (FAR) Part 77, a memorandum shall be provided to Fresno County and the Reedley Municipal Airport Manager documentina comoliance with the I b: a: Submittal of a memorandum to Fresno County and the Reedley Municipal Airport Manager documenting compliance with the recommendations that the FAA provides on Form 7460-1; submittal of a copy of Notice of Construction or Alteration to the FAA. Notice of Construction or Alteration shall concurrently be submitted to the Fresno County ALUC for review. Fresno County Dept. of Public Works & Planning Development Services Division; Reedley Municipal Airport Manager
24. CARMELITA MINE AND RECLAMATION PROJECT recommendations that the FAA Submittal of written request first to the provides on Form 7460-1 A copy Reedley Municipal Airport Manager of any Notice of Construction or and then to the FAA to seek input on Alteration submitted to the Federal the appropriate method of marking or Aviation Administration in lighting. accordance with FAR Part Subpart 8, "Notice of Construction or Alteration", shall concurrently be submitted to the Fresno County Airport Land Use Commission for review. b. Coordination shall be conducted with the Reedley Municipal Airport Manager prior to the construction of all permanent or temporary structures on the mining site that are taller than 40 feet, to determine if marking or lighting of those structures is warranted for aircraft safety. If lighting is recommended, the mine operator shall make a formal written request to the FAA to seek input on the appropriate method of marking or lighting. The written request shall be made available to the Reedley Municipal Airport Manager for review prior to submission to the FAA . .• .--~n.,.'IA DEPARTMENT OF PUBLIC HEALTH The Applicant shall obtain a Domestic Water Supply Permit from the California Department of Public Health in the event that Project facilities are to be developed that meet the definition of a oublic water California Department of Public Health
CARMELITA MINE AND RECLAMATION PROJECT ()~;;~e~S.~r~s!~~~di~i9 .~,:~~:~ppro"~t: ,; · ~, ... 'ALIFORNIA DEPARTMENT OF TRANSPORTATION 27. Traffic and Circulation The Applicant shall dedicate right-of-way for future Reed Avenue roadway improvements, including those necessary for the installation of Class II bike lanes, along the Project site frontage in the event that such right-of-way is required for the improvements. The requirement shall apply only the extent that the required right-of-way is already owned by the California Department of Transportation; Fresno County Dept of Public Works & Planning Development Services Division File an New Operator and Request for j Filing of New Operator Report and I California Department of Mine ID Number Request for Mine ID Number Conservation Office of Mine Reclamation The Applicant shall reclaim the mining site I Compliance through annual County and processing area as specified in the Mine Inspections approved Reclamation Plan. Fresno County Dept of Public Works & Planning Development Services Division; Review of financial assurance, Operator's annual report, and County's annual inspection report by California Department of Conservation, Office of Mine Reclamation; DEPARTMENT OF AGRICULTURE The Applicant shall contact and coordinate with the Fresno County Department of Agriculture to provide an opportunity for the Department to review and evaluate the ongoing rodent management program at the Project site. The Applicant shall document contact and coordination with the Fresno County Department of Agriculture and report such efforts to the Department of Public Works and Planning as part of annual County Mine inspections. Fresno County Department of Agriculture
CARMELITA MINE AND RECLAMATION PROJECT :·.~···· .. ~~R ~~~~g~ti9n···~~sur~$/Cof!~itiQ~s;p1····~.· ;1.'"; ''·' · ... ·...... ;~.; .•. · .• ~.· ..• · :\··~ :·:·. AP:proval·,, .. ·· .. ··.(>' .. 1·j;;l.·~·~~.; ~,·.~9.fiP:U~I'\~~ LEY AIR POLLUTION CONTROL DISTRICT The Applicant shall consider rodent management recommendations provided by the Department and shall incorporate those which the Applicant deems both feasible and effective at improving existing practices. The Applicant shall comply with all The Applicant shall compliance with applicable rules and permitting all applicable rules and permitting requirements of the SJVAPCD. requirements of the SJVAPCD as part of annual County Mine inspections. San Joaquin Valley Air Pollution Control District; Fresno County Dept. of Public Works & Planning Development Services Division NOTES: The following Notes reference mandatory requirements of Fresno County or other Agencies and are provided as information to the Project Applicant 1. 1 This Conditional Use Permit will become 2. 3. void, unless there has been substantial development within two years of the effective date of this approval. Prior to occupancy, the Applicant shall complete and submit either a Hazardous Materials Business Plan or a Business Plan Exemption form to the Fresno County Department of Community Health, Environmental Health Division. Contact the Certified Unified Program Agency at 559) 445-3271 for more information. Pursuant to the provision identified in Zoning Ordinance Section 858. E.4, a Site Plan Review shall be submitted and approved for the entire area shown for the mining and reclamation plan prior to
5. 6. 7. 8. 9. 10. CARMELITA MINE AND RECLAMATION PROJECT accordance with requirements set forth in the California Health and Safety Code, Chapter 6.5. This chapter discusses proper labeling. storage and handling of hazardous wastes. The Applicant shall adhere to all the requirements identified in Section 858 of the Fresno Countv Zonina Ordinance. A Storm water pollution prevention plan shall be submitted to the U.S. Environmental Protection Agency and administered by the California State Reaional Water Qualitv Control Board. Because the proposed project includes land disturbances of more than five acres, the Applicant will be required to obtain a National Pollution Discharge Elimination System (NPDES) General Construction Storm Water Permit from the Regional Water Quality Control Board. The Applicant shall adhere to San Joaquin Air Pollution Control District Regulation VIII-Fugitive Dust Rules. The Applicant shall also adhere to the Districts permitting requirements which include Permit to Operate (PTO) and Authority to Construct ATC). The processing plant and ready-mix plant shall annually renew their air quality ermits and comolv with their conditions. The operator shall comply with all applicable Air Resources Board and San Joaquin Valley Air Pollution Control District regulations related to diesel-fueled trucks and eauioment. which mav include Qsf?qil~ltil.e.Q!e~itm,~t:
11. CARMELITA MINE AND RECLAMATION PROJECT among others: ( 1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or eauioment. The Applicant shall adhere to the provisions set forth by the Office of Mine Reclamation. These provisions include regulations for compliance, reporting, and financial assurances.
VIA: Electronic mail.
May 26, 2015
Ms. Briza Sholars
Planner Ill
Fresno County
EXHIBIT C
Department of Public Works & Planning
2220 Tulare Street
Fresno, CA 93721
Re: Proposal for Carmelita Mine Mitigation Monitoring and Conditions
Compliance
Dear Ms. Sholars:
Compass Land Group ("Compass") appreciates the opportunity to provide this proposal
to perform mitigation monitoring and conditions compliance review pursuant to
Condition 11 of UCUP 3287 for the Carmelita Mine in Fresno County, California
("Project"). Compass understands that this will be the first conditions compliance review
conducted for the mine, and that operations at the mine have not yet commenced.
Compass will perform the services defined herein as an independent third party for the
purposes of providing Fresno County with an objective assessment of the status of
implementation of the mitigation measures and conditions of approval adopted by the
County.
Scope of Services
Compass proposes to assist Fresno County with the following tasks on a time-and-
materials basis, annually, for a period of up to five years (pursuant to the attached
hourly rate and expense schedule):
Task 1: Review conditions compliance memorandum, if submitted by operator
• Review memorandum and/or supporting documentation provided by Carmelita
Resources, if available; cross-check with plan/ permit requirements.
• Time/cost estimate: -2 hours or $390
Task 2: Site visits and meetings with County and/or operator
• Attend up to two site visits and meetings with County and/or Carmelita
Resources.
• Time/cost estimate: -16 hours or $3,120
Carmelita Mine Conditions Compliance Proposal Page 1
Task 3: Develop conditions compliance matrix
., Develop and complete Mitigation Monitoring and Condition Compliance Matrix,
describing timing and status of compliance with mitigation measures and
conditions of approval. Collect pertinent information from County and/or
Carmelita Resources. Perform records review and coordination with County
agencies, as appropriate.
~ Time/cost estimate: -10 hours or $1,950
Task 4: Prepare memorandum summarizing findings
• The memorandum will summarize key findings of the mitigation measure and
conditions of approval implementation review. In the event that Compass
determines that implementation of any of the mitigation measures or conditions
of approval has not occurred as required, Compass will provide
recommendations to County regarding follow-up actions to ensure compliance.
• Time/cost estimate: -6 hours or $1,170
The current annual estimate for all tasks is $6,630 plus direct expenses such as
mileage, with a not-to-exceed limit of $8,000. The proposed contract maximum is
therefore $40,000 (i.e., $8,000 per year X 5 years). However, if Compass' billings for the
first year's review would have exceeded the $8,000 not-to-exceed limit by more than
10%, then the parties shall revisit and come to reasonable agreement on a new not-to-
exceed limit for years two through five.
Compass is prepared to proceed with these services upon execution of a consulting
services agreement with Fresno County.
We appreciate the opportunity to submit this proposal, and look forward to working with
you. Please feel free to contact me at 916-825-4997 if you have any questions.
Sincerely,
(~~~A / -v .. ;;' .. /' \ .r(.,,{_/ -
Yasha Saber
Managing Partner
Encl.
Carmelita Mine Conditions Compliance Proposal Page 2
Consulting Services
Hourly Rate and Expense Schedule
(Effective through December 31, 2015)
Project Manager I Managing Partner ....................................................................................... $195
Graphics Design I GIS ................................................................................................................ $120
Expenses
Auto Mileage ............................................................................................................ $0.575 per mile
(Mileage rate subject to change based on IRS guidelines)
Direct Expenses .......................................................................................................................... Cost
(Printing, reproduction, travel, postage, etc.)
Outside Consulting ...................................................................................................... Cost plus 10%
No outside consulting services proposed.
Compass is not a law firm. Materials prepared by Compass should not be construed as legal advice. We recommend
you consult an attorney regarding questions of law.
EXHIBIT D
SELF-DEAUNG TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno {hereinafter referred to as "County"),
members of a contractor's board of directors {hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
{1) Enter board member's name, job title {if applicable), and date this disclosure is being made.
{2) Enter the board member's company/agency name and address.
{3) Describe in detail the nature ofthe self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name ofthe agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions ofthe Corporations Code.
{5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections {3) and {4).
(1) Company Board Member Information:
Name: Yasha Saber Date: 4-28-2015
Job Title: Owner
(2) Company/Agency Name and Address:
Compass Mining Group LLC
dba Compass Land Group
4110 Truxel Road, Suite 130
Sacramento, CA 95834
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
Not applicable. Compass Land Group is a Limited Liability Company without a Board of Directors. We have no self-
dealing transactions to report.
, (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
Not applicable.
I
I
I I
(5) Authorized Signature
Signature: J {j,;\ !_vi( __ Date: /4-28-2015