HomeMy WebLinkAbout31987AGREEMENT NO. 15-036
MITIGATION MONITORING REIMBURSEMENT AGREEMENT (COUNTY STAFF
TIME) FOR CARMELITA MINE AND RECLAMATION PROJECT
IN ACCORDANCE with California Public Resources Code Section 21081.6 and Section
15097 of Title 14 of the California Code of Regulations , which require a mitigation monitoring
program , this reimbursement agreement ("Agreement") is entered into on the last date signed
below ("Effective Date") between the County of Fresno, a political subdivision of the State of
California, acting through its Department of Public Works & Planning , Development Services
Division ("County"), and Colony Land Company LP , a Limited Partnership ("Colony Land "),
upon the following facts and circumstances :
RECITALS
A. Colony Land proposes to construct, operate and reclaim an aggregate mine,
related processing, asphalt, ready mix concrete, and recycling plant on 1,500 acres of land
located in the County , more commonly known as the Carmelita Mine and Reclamation Project
("Project"), which will occur on certain real property which is more particularly described in
Exhibit A , attached hereto and incorporated herein by reference.
B. On October 16, 2012 , pursuant to County Resolution No . 12-419, subject to the
conditions listed therein , the County Board of Supervisors ("Board") certified an Environmental
Impact Report for the Project (State Clearinghouse No . 201008103 7), approving Unclassified
Conditional Use Permit ("CUP") No. 3287 and adopting a Mitigation Monitoring and Reporting
Plan and Condition Compliance Matrix ("Monitoring Plan"). The Monitoring Plan is attached
hereto as Exhibit B and incorporated herein by reference. The Board approved a Revised
Reclamation Plan for the Project on August 6, 2013 .
C. Reviewing and administering materials related to the Monitoring Plan will require
the County to incur various costs and expenses , including staff time.
D. Condition of Approval 12 for CUP No. 3287 requires Colony Land to enter into
an agreement with the County to provide funding to compensate for County staff time in
reviewing and administering any materials related to the Monitoring Plan.
AGREEMENT
NOW, THEREFORE, in consideration ofthe foregoing recitals and for good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, Colony
Land and the County (collectively "Parties ," individually "Party") agree as follows:
I. SCOPE OF AGREEMENT. As required by Condition of Approval 12 for CUP
No. 3287, Colony Land agrees to enter into this Agreement with the County to provide funding
to compensate for County staff time in reviewing and administering any materials related to the
Monitoring Plan, including those prepared by the third party administrator of the Monitoring
Plan, per Condition of Approval II .
2. REIMBURSEMENT OBLIGATION. Colony Land shall reimburse the County
for all reasonable costs incurred by the County in connection with staff time spent reviewing and
administering any materials related to the Monitoring Plan, including those prepared by the third
party administrator ("Eligible Costs"). County staff time will be billed per the master schedule of
fee rates for actual hours worked per job classification.
3 . PAYMENT OF ELIGIBLE COSTS. The County shall submit to Colony Land
a copy of each invoice, bill , or other evidence or reasonable substantiation that the County has
incurred Eligible Costs ("Invoice"). Each such Invoice shall be paid in full by Colony Land,
without deduction or offset, within forty-five (45) calendar days of the date of receipt of the
Tnvoice .
4. BINDING EFFECT. This Agreement shall be construed as a covenant running
with the land and shall bind and benefit the County, its successors and assigns, and Colony Land,
and its successors in interest.
5. ATTORNEYS FEES. If any legal action is brought by either Party to interpret
or enforce any terms or provisions of this Agreement, the prevailing party shall be entitled to its
reasonable attorneys fees and costs.
6. WAIVERS. Waiver of a breach or default under this Agreement shall not
constitute a continuing waiver or a waiver of a subsequent breach of the same or any other
provision of this Agreement.
7. SEVERABILITY. If a court of competent jurisdiction finds that any provision
of this Agreement is invalid or unenforceable, such determination shall not affect the validity and
enforceability of any other provision of this Agreement.
8. INTERPRETATION. The titles to the sections of this Agreement are for
convenience only and shall have no effect upon the construction or interpretation of any part of
this Agreement. The Parties agree that this Agreement has been arrived at through negotiation
and neither Party is to be deemed the Party which prepared this Agreement for the purposes of
California Civil Code Section 1654 .
9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of
the Parties with respect to the matters set forth herein. This Agreement may be amended only by
a written document signed by both Parties.
10. RECORDATION. Upon execution of this Agreement, the County shall cause
recordation thereof with the County Recorder's Office.
11. JURISDICTION. This Agreement shall be administered and interpreted under
the laws of the State of California without regard to its choice of law rules. Jurisdiction and
venue of litigation arising from this Agreement shall be in the County of Fresno, State of
California.
12. NOTICES. Notices required by this Agreement shall be personally delivered,
mailed, postage prepaid, or mailed via nationally-recognized overnight courier as follows:
{0001653 3 ;2 } 2
( .
To Colony Land:
Michael Mallery, Vice President
Colony Land Company, L.P.
7108 N . Fresno St., Suite 450
Fresno, CA 93720
To the County:
Will Kettler, Division Manager
Fresno County, Development Services Division
2220 Tulare Street, Sixth Floor
Fresno, CA 93721
With a copy to:
Patrick Mitchell
Mitchell Chadwick LLP
3001 Lava Ridge Court, Suite 120
Roseville, CA 95661
13. ASSIGNMENT OF CLAIMS. To the extent the County determines that it may
have claims against the third party administrator in connection with the implementation of the
Monitoring Plan , the County may , upon written request by Colony Land, assign such claims to
Colony Land. As used herein , "third party administrator" means any consultant, contractor, or
other third party whose work-product gives rise to a cost for the County, or who is hired by the
third party administrator, in connection with implementation of the Monitoring Plan . As used
herein, "claims" means any and all claims , potential claims, causes of action, and potential
causes of action for breach of contract and /or professional neg I igence, regardless of whether such
claims or causes of action accrue prior to or after the effective date of this Agreement.
14. COUNTERPARTS. This Agreement may be signed in counterparts, and shall
be deemed effective when all Parties have signed the Agreement, or any counterpart thereof.
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement as of the
date first above written.
For COLONY LAND:
Date: 9-::18-fL)
Michael Mal ery, V1ce Pres ent
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Poochigian,
Board of Supervisors
ATTEST:
BERNICE E. SEIDEL , Clerk
Board of Supervisors
By .Su.~ ~sho-p
Deputy
3
1 Approved as to Legal Form :
2
3
4
5
Daniel C. Cederberg , County Counsel
By fl-ilwJt
Deputy
6 Approved as to Accounting Form :
Vicki Crow, CPA
7 Auditor-Controllerffreasurer-Tax Collector
8
9
10
By : Oetz--~
Deputy
11 ATTEST:
Bernice E . Seidel
12 Clerk to the Board of Supervisors
13
14 By : Su S.(?yy-> ~sb C?-{>
Deputy
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Date : I 1/f ~fl'(
Date : _______ _
Date :.:r~ \:3,~1 5
. ..
State of California
County of Fresno
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ACKNOWLDGEMENT
On August 28 ,2014 , before me , NATALIE M . PACKER, Notary Public, personally appeared MICHAEL
MALLERY, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s ~
subscribed to the within instrument and acknowledged to me that @ ~ke,4key executed the same in
instrument the
person(s), or the entity upon behalf of which the person(s) acted , executed the instrument.
I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
WITNESS my hand and official seal.
Signatur~ ..f'xtl:o \J Q ~el
{00010259(}
(SEAL)
NATAliE M. PACK£R
CornrniUion II 2056015
Notlrr Public · Clllfomta
Fresno councy •
Comm. E 111 Jan 26. 2018
EXHffiiTA
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 89° 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 89° 58' East 1077 feet a l ong 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, a l ong the center line of said irrigation canal and
parallel to the East line 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, 1975, in Book 6261 Page 134 of Official Records,
Document No. 8303.
APN: 333-090-17S (portion) and APN: 333 -090-16S (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' 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}
PARCBL 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:
Cormnencing 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 1 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
cormnencement.
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, 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: 333-090-06S and 333-090-l?S (portion}
PARCBL 5:
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,
minerals, as reserved in deed from Horne Ranch Co. ,
November 17, 1975, in Book 6261 Page 134 of Official
Document No. 8303.
APN: 333-090-17S (portion)
PARCEL 6:
gas and
recorded
Records,
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: 333-090-158
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, 4g0.00
feet from the East quarter corner of Section 29; thence South ago
55 1 30" West, 127a. 86 feet along the Northerly line of the
Southeast quarter of Section 2g; thence South 2a 0 57 1 West,
1aa.oo feet; thence South 13° 55' West 253.91 feet; thence South
go 33' West, 185.98 feet; thence South 0° 07' 20" West, 626.8a
feet; thence South 3° 02 1 20" East, 228.58 feet; thence South 0°
43 1 20" East, 782.95 feet; thence South 11° 08 1 10" East, 410. 3g
feet to a point on the Southerly line of the Southeast quarter of
Section 2g, which bears North ago 2a• 50" East, 750.00 feet from
the South quarter corner of Section 29; thence South 6° 28 1 East,
371.14 feet; thence South 24° 38 1 East, 139.35 feet; thence South
6go 11 1 East, 80.51 feet; thence South 50° 32' East 99.56 feet;
thence South 44° 53' East, 427.11 feet; thence South 22° 58' East
235.go feet; thence South 3° 06' East 210.10 feet; thence South
7° 4g• East 562.5a 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 ago 36'
50" East 186.64 feet along the Southerly line of the Northeast
quarter of Section 32 to the Southwest corner of the East 6 0
acres of the Northeast quarter of Section 32, said point further
described as bearing South ago 36 I 50 11 West 997.04 feet from the
East quarter corner of Section 32; thence North 0° 17' 50" West
2620.24 feet along the Westerly l ine 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 ago 28' 50"
East 661.04 feet along the Northerly line of the Northeast
quarter of Section 32 to a point which bears South ago 28 1 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 Easterl y line of the Southeast quarter of Section 29;
thence North 22° 55' West 100.00 feet; thence North 43° 36 1 West
120.00 feet; thence North 59° 09' West 220.00 feet; thence North
19° 56' West 40 .00 feet; thence North 5° 15 1 30" West 424.00
feet; thence North 12° 37 1 30" East 205.50 feet; thence North 2go
16 1 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 ago 55' 30" West 490.00
feet from the East quarter corner of Section 2g; 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 18a.oo feet; thence South 13° 55' West 253.g1
feet; thence South 9° 33 1 West 185.98 feet; thence South 0° 07 1
20" West 626.88 feet; thence South 3° 02' 20 11 East 228.58 feet;
thence South 0° 43 1 20" East 782.95 feet; thence South 11° 08 1 10"
East 410.3g feet to a point on the Southerly line of the
Southeast quarter of Section 2g, which bears North ago 28' 50"
East 750. DO 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 5go 11' East 80.51 feet; thence South
50° 32' East 99 .56 feet; thence South 44° 53' East 427 feet;
·thence South 22° 58' East 235.90 feet; thence South 3° 06' East
210 feet; thence South 7° 49' East 562.5a feet; thence South 10°
01' West 300.06 feet; thence South 1° 1a• 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%
minerals, as reserved in deed from Home
November 17, 1g75 , in Book 6261 Page 134
Document No . a303.
APN: 333-130-24S (portion)
PARCEL 9:
of all oil,
Ranch Co.,
of Official
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 2g, which bears South
ago 55' 30 11 West 490.00 feet from the East quarter corner of
Section 29; thence South 89° 55' 30" West a18 .86 feet; 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 11 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 ago 57' 30" 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 7go 2a• West 423.30 feet; thence
South 16° 58' 30" West 248.00 feet to the point of commencement.
ALSO EXCEPTING THEREFROM an undivided SO% 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: 333-130-24S (portion}
PARCEL 10:
The North half of the Southeast quarter and the West 30 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 ll:
That portion of Section 27, Township 14 South, Range 23 East,
Mount Diablo Base and Meridi an, according to the Official Plat
thereof, described as follows:
Beginning at the Center Quarter corner of said Section 27; thence
South 89° 55' 36" West along the East-West centerline of said
Section 27 a distance of 1087 .00 feet; thence South 00° 51 ' 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' 08" 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: 333-090-0Bs
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 P l at 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 al l 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 ( 11 the dominant tenement 11 ) , 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 11 ). This easement includes incidental
rights of repair and replacement of the pipeline.
APN: 333-130-40
EXIDBITB
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 lhe processing facilities and vehides traveling lo and from the Project Site. Daytime and nighttime glare may also occur as light reflects off equipment and vehicles. The Proposed Project would result in the conversion of farmland to non-agricultural uses. A maximum of 583 acres of farmland would be permanenUy lost from agricultural production over the next 100 years as a result of the Proposed Project. TABLE 1 MlllGATION MONITORING AND CONDITlON COMPLIANCE PROGRAM AES-1: During periods when it is known that the dragline will be idle for 30 days or more, the I Submittal of dragline schedule tracking idle~owered periods to the operator shall lower the dragline boom to a near horizontal level to reduce the amount County with monitoring through the annual County mine of time it would be visible from the surrounding viewpoints. inspections. 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 · ·· · so as to reduce AES-2: Use of an earth-tone, low-luster paint color will be monitored through the annual County mine inspections. Fresno County Dept. of Public Works & Planning Development Services Division a. Night lighting on the property shall be arranged and controlled so as not to illuminate public rights-of-way or adjacent properties. AES-3a: I Fresno County Dept. of Public Works & Planning Review of Project Site light fixtures through the Site Plan Review Development Services Division b. c. 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. Process. Annual compliance through annual County Mine Inspections. AES-3b: Submittal of lighting plan to the County before construction of the processing facility. AES-3c: SeeAES-a. d. The Project's fencing shall either be constructed of non-reflective material, I AES-3d and AES-3e: treated, or painted to reduce visual impacts. Annual compliance through annual County Mine Inspections. e. Non-reflective surfaces or non-reflective paint shall be used for the processing plant equipment and structures to minimize glare from these facilities. AG-1: Current agricultural use of the Project Site shall continue until the land is prepared for mining activities according to the phasing plan induded 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-Redamation 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 agricultural buffer zone, and remain in agricultural production for the life of the Conditional Use Permit, estimated at 100 years. AG-3: Redamation 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 Redamation Plan Actions SMR-1, 3, 4, 5, 6) Annual compliance through annual County Mine Inspections. Fresno County Dept. of Public Works & Planning Development Services Division
CARMELITA MINE AND RECLAMATION PROJECT 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. 810-1: The Proposed Project could potentially impact migratory birds or raptors, particularly during nesting seasons. AQ-1: Crushers and screens in the Aggregate Plant shall be controlled by baghouses or another technology that the SJVAPCD detennines 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: 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. 810-1: Nesting Raptor Preconstructlon 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 Mitigation Measure BI0-1, above, impacts to nests shall be avoided by establishing a 300-foot construction-free butter around the nest until the nest becomes inactive as detennined by a qualified biologist. Compliance during SJVAPCD's NSR and through annual County I SJVAPCD; Fresno County Dept. of Public Wor1<s & Mine Inspections. Planning Development Services Division Compliance through annual County Mine Inspections; submittal of I Fresno County Dept. of Public Wor1<s & Planning plant design plans and record of burner tune-ups to the County Development Services Division that shall occur at least every other year. Qualified biologist will conduct pre-construction surveys for nesting migratory birds and raptors and oversee avoidance of active nests during construction and ground disturbance activities. Fresno County Dept. of Public Wor1<s & Planning Development Services Division CR-1: I Earthmoving activities shall cease and an archaeologist will be I Fresno County Dept. of Public Wor1<s & Planning The Proposed Project may result If cultural materials (i.e., flaked stone artifacts, ground stone, historical glass, bone, retained to assess the significance and provide direction. Development Services Division in a significant impact it cultural etc.) or features (e.g., hearths, structural foundations, privies, etc.) are discovered materials (i.e., flaked stone during project-related activities, the find shall be reported immediately to the County of artifacts, ground stone, historical Fresno Planning Department, who shall recommend a qualified glass, bone, etc.) or features historicaUarchaeological monitor. The area of the find shall be avoided until the monitor (e.g., hearths, structural is on-site. The monitor shall assess and make any necessary recommendations, foundations, privies, etc.) are including any procedures to further investigate or mitigate impacts to the find as discovered during project-related required by law. activities.
CARMELITA MINE AND RECLAMATION PROJECT 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: 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 shall be determined in consultation with the most likely descendent. Project-related activities such as I'" the event that unanticipated human remains are discovered, work will immediately the mining of materials, could stop at the discovery location and any nearby area reasonably suspected to overlie uncover and disturb unidentified adjacent human remains. The Fresno County Coroner shall immediately be contacted human remains. 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 likely descendant(s) of Native Americans who may be buried in the vicinity by which the human remains and associated burial items will be treated or disposed, with GE0-1: The cut and/or fill slopes of the Under a dewatering scenario, dewatering wells will be used to lower groundwater proposed excavations and levees levels sufficiently behind the slope face as necessary to maintain a minimum factor of may be unstable and fail under safety of 1.3 under static conditions while considering the groundwater conditions saturated conditions or due to within the slope. The factor-of-safety shall be measured using the computer program seismic events. SLIDE 5.0 (Rocscience 2003, Appendix H-1) and reported to the County. GE0-2: Earthmoving activities shall cease and an archaeologist will retained to assess the significance and provide direction. MMRP and Condition Compliance Matrix Table 1 (continued) Fresno County Dept. of Public Works & Planning Development Services Division Earthmoving activities shall cease and a paleontologist will be I Fresno County Dept. of Public Works & Planning retained to assess the significance and provide direction. Development Services Division CR-4: Earthmoving activities shall cease and the Fresno County Coroner will assess the remains to determine the correct action. CR-5: Execution of agreement with NAHC regarding treatment of burial items and unanticipated human remains. GE0-1: The Applicant will report the measured factor of safety to the County. GE0-2, GE0-3, GE0-4: Compliance through annual County Mine Inspections. GE0-5: Fresno County Dept. of Public Works & Planning Development Services Division; Native American Heritage Commission; Fresno County Coroner Fresno County Dept. of Public Works & Planning Development Services Division Any waste material shall be stockpiled and stored in the processing area, separated I Additional geotechnical studies to provide further assessment of from overburden/topsoil stockpiles, and used to elevate the quarry floors in various this scenario, to be completed before any dredging operations. The aoorooriate slooes determined bv the study will be
CARMELITA MINE AND RECLAMATION PROJECT HAZ-1: 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 hauling equipment on 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 1.2 and less than 24 inches of seismic HAZ-1: 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. 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. HAZ1: 2a, 2c-l, 2o: Compliance through annual County Mine Inspections. 2b: The use of hazardous materials I 1. for construction of the processing facilities related to the Proposed Project could pose a potential I 2 hazardous materials related · impact ~ a spill or accident occurred. The use of hazardous materials during mining operations could pose a potential health and safety hazard to operational workers if a significant spill or accident occurred. The following. preventative measures shaH be implemented during co~struction I Submittal of servicing and refueling procedures before and/or operabon to mm1m1ze 1mpacts assoc1ated w1th (a) fueling and maintenance construction activities begin. of vehicles; (b) maintenance of equipment; and/or (c) transport, storage, use, and dispose of hazardous materials. 2m: a. b. c. d. e. Normal refueling and maintenance operations will occur in specified areas. Procedures will be outlined to minimize the chance of a fuel spill during servicing and refueling. Submittal of the construction and operational Hazardous Communication (HAZCOM) Plans to the County before construction activities begin. 2n: Gasoline, diesel, and/or propane above ground storage tanks will be provided with pylons or other restricting access devices to minimize the Submittal of the site-specific Spill Control and Countermeasure risk of a vehicle colliding with the tanks. (SPCC) Plan and Hazardous Material Business Plan (HMBP) to Hazardous material will be transported in DOT -approved containers and the County before construction activities begin. allowed only on approved access roads. Additionally, vehicles and/or 2p: storage containers will be property marked. Training of all personnel involved in handling hazardous materials Only authorized personnel will conduct equipment servicing and in accordance with OSHA HAZWOPER regulations before they maintenance. 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
CARMELITA MINE AND RECLAMATION PROJECT MMRP and Condition Compliance Matrix Table 1 (continued) HAZ-2: Potential for the Project to create conditions suitable for mosquito development. 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. 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 perfonned away from drains, culverts, and stonnwater 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 pennitted 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. Hazardous materials will be stored in proper containers and in designated areas. Cleanup and emergency response materials will be stored near these areas. m. Detailed infonnation 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 Countenneasure (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:• I Compliance through annual County Mine Inspections and site I Consolidated Mosquito Abatement District; County Dept. Access to the Project Site shall be provided for mosquito abatement personnel for surveillance by the Consolidated Mosquito Abatement District. of Public Wort<s & Planning Development Services surveillance and control of mosquitoes. D1v1s1on 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.
CARMELITA MINE AND RECLAMATION PROJECT Temporary plant construction and mining and processing activities may expose residents in the immediate area to excessive noise levels. N-1: the size of potential mosquito-producing excavations or reclaimed ponds). Borders or levees shall be constructed to contain seepage or stonnwater 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. An 8-foot high earth benn, similar to the existing benn 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 impacts at Receivers B, F, G, and H. Such benns 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, H, 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 potentially impacted 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 through Friday (November-April) and 7:00 a.m. to 2:00 p.m. on N-1: Compliance through annual County Mine Inspections. N-2: If the Applicant chooses to deviate from this measure, on-site noise 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. County Dept. of Public Works & Planning Development Services Division
CARMELITA MINE AND RECLAMATION PROJECT requiring materials. Mining setbacks of approximately 400 feet adjacent to Receivers B 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 benns 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. \/\/hen the plant mitigation measures are in place and within no more than 60 days following initial plant operations, noise measurements shall be conducted 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 nonnally 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 detennined 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 Lining of aggregate chutes 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 are not exceeded.
CARMELITA MINE AND RECLAMATION PROJECT TC-1: The Proposed Project would I The Applicant shall pay proportional fair share contributions toward the following increase vehicle trips on public intersection improvements and roadway segment improvements: roads and could contribute to . unacceptable levels of service on Intersection Improvements: roadway segments and at intersections. SR 180/ Oliver Avenue signalization SR 180/ Trimmer Springs Road installation of eastbound to northbound left tum 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 County's issuance of 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 northbound left tum 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 to this measure, either Cal trans 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. The Applicant shall enter into traffic mitigation agreements with the County (for non-SR 180 improvements) and with Caltrans (for 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 Worl<s & Planning Development Services Division
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-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 tum-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: The Applicant will construct the improvements prior to any product I County Dept. of Public Wor1<s & Planning Development being shipped from the Project Site. Compliance through annual Services Division Install a 575-foot left-tum lane on northbound Reed Avenue to the Project site access road; Install a 600-foot right-tum lane on southbound Reed Avenue to the Project site access road; and Install a 500-foot acceleration lane on northbound Reed Avenue from the site access road. County Mine Inspections. TC-3: I TC-3: I Compliance through annual County Mine Inspections. The Proposed Project would The Applicant shall fund the acquisition, installation and maintenance of "SLOW increase vehicle trips at the TRUCKS" road signs (California sign designation W51 (CA)) for the northbound and Project Site access intersection southbound Reed Avenue approaches to the Proposed Project access intersection. which could increase hazards and Such signage shall be installed prior to the initial sale of material from the Proposed result in unacceptable levels of Project and shall be maintained for the duration of the Proposed Project's operations. service. TC-5: TC-5: Compliance through annual County Mine Inspections. Potential for decreased safety on I The Project Operator shall: public roadways associated with Project vehicles. 1. -2. -3. -4. -5. -6. ~oise the a. Produce and provide a handout and post on-site signage infonning drivers of general California Vehicle Code requirements, and b. 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 · · · to trucking companies and drivers that enter the Project Site. upon acceptance of Financial Assurances by I Submittal of Financial Assurances to the County To ensure that reclamation will proceed in accordance with the approved Mining and I Submittal of Financial Assurances to the County with Department Reclamation Plan, the County shall require, as a condition of approval, security which of Conservation being an alternative payee. will be released Development and operation of the use shall be in confonnance with the site plan, elevation drawings, operational statement, and Reclamation Plan approved by the Commission. The Applicant shall implement the mitigation measures adopted by the County. I Compliance through annual County Mine Inspections. annual mined production of 1.4 million tons (including I Compliance through annual County Mine Inspections The Applicant shall not exceed maximum annual mar1<eted aggregate production of I Compliance through annual County Mine Inspections 1.25 million tons per year. The Applicant shall comply with Fresno County noise standards applicable to I Compliance through annual County Mine Inspections construction activities associated with the Project. County Dept. of Public Wor1<s & Planning Development Services Division County Dept. of Public Wor1<s & Planning Development Services Division Fresno County Dept. of Public Wor1<s & Planning Development Services Division Fresno County Dept. of Public Wor1<s & Planning Development Services Division Fresno County Dept. of Public Wor1<s & Planning Development Services Division Fresno County Dept. of Public Wor1<s & Planning Development Services Division Dept. of Public Wor1<s & Planning vices Division Fresno County Dept. of Public Wor1<s & Planning Development Services Division; Fresno County Environmental Health Division
9. 10. 11. * 13. 14 15 CARMELITA MINE AND RECLAMATION PROJECT The Applicant shall realign the existing water pipeline located within Mine-ReclamaUon Celis 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 substanUal disruptions in water conveyance. The Applicant shall comply with all applicable County recycling requirements. Operator shall contact Fresno County Department of Public Worlls & Planning Development Services Division to notify them that such relocation is occurring and, upon completion, shall provide than confinnaUon that such relocaUon has taken place. MMRP and Condition Compliance Matrix Table 1 (continued) The Applicant shall comply with all applicable federal, state, and local regulatory I Compliance through agency-specific applications, penni!Ung, and requirements. monitoring procedures. California Air Resources Board; California Department of Fish and Game; California Department of Public Health; California Department of Toxic Substances Control; California Department of Transportation; California Department of Water Resources; California Occupational Safety and Health Administration; Federal Aviation AdministraUon; Fresno County Dept. of Public Worlls & Planning Development Services Division; San Joaquin Valley Air PolluUon Control District; U.S. Department of Transportation; U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service (Reimbursement for Third Party Monitor) The Applicant shall enter into an agreement with the County of Fresno to implement a Mitigation Monitoring and/or Reporting Plan and Condition Compliance 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 MitigaUon Monitoring and/or Reporting Plan and Condition Compliance Matrix. Fees shall be submitted at the time the property owner submits the signed miUgaUon monitoring agreement. Within 60 days after project approval or prior to the issuance of I Applicant, in coordination with Fresno County grading and building pennits, which-ever occurs first. Department of Public Worlls and Planning Mitigation Monitoring (Reimbursement for Staff Time in Mitigation and Condition of Approval Implementation) 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 I grading and building permits, which-ever occurs first. materials related to Mitigation Monitoring and/or Reporung, including those prepared Applicant, in coordination with Fresno County Department of Public Worlls and Planning Security Fencing Planning Commission Grading and Drainage 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 Penni! 3100 The Indemnification Agreement shall be submitted to the County Department of Public Worlls and Plannina Develooment Services Division. per 1 The processing plant site, reclaimed water basins, and all active and previously mined areas that are reclaimed to water basins shall be enclosed by security 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 Worlls and Planning demonstrating how surface runoff and drainage will be controlled in accordance with Fresno County Standards. The plan must include calculaUon 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 stonn event. The reclamation plan shall be supplemented with those elements of the Engineered Gradina and The Indemnification Agreement shall be submitted to the County I Fresno County Department of Public Worlls and Department of Public Worlls and Planning Development Services Planning Development Services Division Division. Fencing plan to be reviewed and approved during site plan review. Perimeter fencing shall be in place prior to mining. An Engineered Grading and Drainage plan shall be submitted to the Department of Public Worlls and Planning demonstraUng how surface runoff and drainage will be controlled in accordance with Fresno County Standards. Upon receipt of materials detennined to be complete, the inforrnaUon 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 the Countv shall orovide the Deoartment of Fresno County Department of Public Worlls and Planning Development Services Division Fresno County Department of Public Worlls and Planning Development Services Division
CARMELITA MINE AND RECLAMATION PROJECT 16 17 18 19 Water Balance Calculation RWQCB Discharge Regulations Northwest Setback per Board of Supervisors Entrance Benn Design per Board of Supervisors 20 I Southern Noise Benn Landscaping per Board of Supervisors supplementing the Reclamation Plan shall not be considered a substantial deviation of the approved reclamation plan under SMARA section 3502(d). Prior to the commencement of mine operations, a calculated water balance for 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 detennined 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 separation between mining 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 south em berm shall be less than 500 feet in length. The benns 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. Benns 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 inrigation water efficiency standards and shall be maintained throughout the life of the Project. The benns 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 Wor1<s and Planning prior to the construction. The Project benn 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 property 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 benn reflects the property owner's reasonable input as detennined by the County Department of Public Wor1<s 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 inrigation water efficiency standards and shall be maintained throughout the life of the Project. The benns and landscaping shall be designed by a certified Landscape Architect. The Landscape Plan shall be submitted to and approved by the of Public Wor1<s and Plannina Prior to construction. A water balance for post-mining conditions shall be prepared by a qualified hydrologist and submitted to the Department of Public Wor1<s and Planning. Upon receipt of and deeming the materials to be complete, the infonnation shall be processed as a minor reclamation plan amendment to allow the incorporation of this detailed infonnation 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. If an amendment to the reclamation plan is required, and upon receipt of and deeming the materials to be complete, the information shall be 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 Reclamation Plan to be reviewed and approved during site plan review. Benn design to be reviewed and approved prior to construction. Fresno County Department of Public Wor1<s and Planning Development Services Division Fresno County Department of Public Wor1<s and Planning Development Services Division Fresno County Department of Public Wor1<s and Planning Development Services Division Fresno County Department of Public Wor1<s and Planning Development Services Division Benn design and documentation of property owner coordination to J Fresno County Department of Public Wor1<s and be reviewed prior to benn landscaping. (Benn earthwork may be Planning Development Services Division completed prior to final landscape plan approval.)
14. CARMELITA MINE AND RECLAMATION PROJECT 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 Wor1<s and Planning prior to construction. Intersection improvement plans to be reviewed and approved prior to construction. (See Mitigation Measure TC-2.) City of Reedley and I The Applicant shall implement an adaptive wildlife monitoring and action plan for the a, b: Reedley Municipal Airport entire Project site that will include the following elements: Compliance through annual County Mine Inspections. Submittal a. Continue existing rodent control management practices currently used at the of the adaptive wildlife monitoring and action plan to the County. Project site for the agricultural practices, and expand such practices as c: necessary during Project operations and reclamation. Quarterty reports conducted by the FAA of the Project site for bird b. The Project water basins (reclaimed mine cells) shall have the following design activity shall be submitted to the Fresno County Planning characteristics that will minimize attraction to waterfowl: Steep slopes (at least Department, City of Reedley Airport Manager, Reedley Airport 2 horizontal to 1 vertical); Linear edges. Vegetation growth within the water Commission, and Fresno County ALUC. c. basins and water basin perimeters shall be managed to either eliminate or d· curtail growth so as to minimize its suitability and attraction as foraging or · nesting habitat. If determined necessary, the Project owner shall fund the portion A Federal Aviation Administration (F AA)-qualified wildlife biologist shall conduct quarter1y 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 quarter1y reports shall be submitted to the Fresno County Planning Department, City 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 I f: Commission, and/or the Fresno County ALUC may request the attendance of Through annual County Mine Inspections, the County and Reedley the FAA-qualified wildlife biologist at a meeting of the respective agency or Airport Manager shall confirm compliance of with the WHMAP and commission to present information pertaining to monitoring and determine when implementation of the WHMAP is no longer e: The County will confirm the qualifications and objectivity of the FAA-qualified wildlife biologist before the biologist beings to prepare the plan. 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. recommendations. necessary. d. Based on information obtained through monitoring (as required by Condition g: 1(c)), the FAA qualified wiidlif~ biologist shall make a determinatio~ consistent A breach of this contractual obligation shall be enforceable With then applicable FAA guidance [Currently FAA .Advisory Circular (AC) through a civil action; and, after judgment, the remedies would 150/5200-36] as to whether observations of bird actiVIty on the ProJect Site include potential injunctive relief damages and execution against indicate that preparation of a wildlife hazard assessment is warranted and shall land holdings. ' ' 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 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 Prooertv owner shall comolv with the terms and conditions of the Wildlife MMRP and Condition Compliance Matrix Table 1 (continued) County Dept. of Public Wor1<s & Planning Development Services Division; City of Reedley; City of Reedley Municipal Airport; Reedley Municipal Airport Commission; Fresno County Council of Government, Airport Land Use Commission
15. 19. CARMELITA MINE AND RECLAMATION PROJECT City of Reedley Airport Conditional Use Penni! until such time as both the Fresno County Planning Department and Reedley Airport Manager detennine that such WHMAP is no longer necessary. The intent of the WHMAP is to comply with the then current laws, regulations and guidance through implementation of quarter1y 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 tenns 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. a. b. 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 pennitted 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 documenting compliance with the recommendations that the FAA provides on Fonn 7460-1. A copy of any Notice of Construction or Alteration submitted to the Federal Aviation Administration in accordance with FAR Part 77, Subpart 8, "Notice of Construction or Alteration", shall concurrently be submitted to the Fresno County Airport Land Use Commission for review. Coordination shall be conducted with the Reedley Municipal Airport Manager prior to the construction of all pennanent or temporary structures on the mining site that are taller than 40 feet, to detennine if marl<ing or lighting of those structures is warranted for aircraft safety. If lighting is recommended, the mine operator shall make a fonnal written request to the FAA to seek input on the appropriate method of marl<ing or lighting. The written request shall be made available to the Reedley Municipal Airport Manager for review prior to submission to the FAA. File an New Operator and Request for Mine ID Number a: Submittal of a memorandum to Fresno County and the Reedley Municipal Airport Manager documenting compliance with the recommendations that the FAA provides on Fonn 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. b: Submittal of written request first to the Reedley Municipal Airport Manager and then to the FAA to seek input on the appropriate method of marl<ing or lighting. Filing of New Operator Report and Request for Mine I D Number The Applicant shall reclaim the mining site and processing area as specified in the I Compliance through annual County Mine Inspections approved Reclamation Plan. Fresno County Dept. of Public Worl<s & Planning Development Services Division; Reedley Municipal Airport Manager California Department of Public Health California Department of Transportation; Fresno County Dept. of Public Worl<s & Planning Development Services Division California Department of Conservation Office of Mine Reclamation Fresno County Dept. of Public Worl<s & Planning Development Services Division; Review of financial Operator's annual report, and California
2. 3. 4. 5. 6. 7. 8. 9. 10. 11. CARMELITA MINE AND RECLAMATION PROJECT shall adhere to the provisions set forth by the Office of Mine These provisions include regulations for compliance, reporting, and The Applicant shall document contact and coordination with the I Fresno County Department of Agriculture Fresno County Department of Agriculture and report such efforts to the Department of Public W011<s and Planning as part of annual County Mine inspections. 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 compliance with all applicable rules and I San Joaquin Valley Air Pollution Control District; Fresno permitting requirements of the SJVAPCD as part of annual County County Dept. of Public Wolils & Planning Development Mine inspections. Services Division