HomeMy WebLinkAboutEIR 7763 Consultant Agreement - w Exhibits.pdf1 CONSUL TANT AGREEMENT
2 THIS AGREEMENT is made and entered into this 7...o day of March 20Zq by and
3 between THE COUNTY OF FRESNO, a political subdivision of the State of California,
4 hereinafter referred to as the "COUNTY", and Benchmark Land Use Group, Inc., dba
5 Benchmark Resources, hereinafter referred to as the "CONSULTANT".
6 WITNESSETH
7 WHEREAS, CONSULTANT has been selected to prepare an Environmental Impact
8 Report ("EIR") for COUNTY for a proposal by CEMEX Construction Materials Pacific, LLC.,
9 hereinafter referred to as "APPLICANT". The project consists of Unclassified Conditional Use
1 O Permit (CUP) Application Nos. 3666 and 3667 and EIR No. 7763, proposing to allow
11 modification of the existing aggregate mining and processing operations allowed under CUP
12 Nos. 367, 2032, 3063, and 3093, hereinafter referred to as "PROJECT." The PROJECT site is
13 located on ten (10) parcels totaling approximately Four Hundred and Seventy-Six (476) acres,
14 generally located in two clusters: the first is located on the west side of North Friant Road,
15 between North Willow Avenue and Lost Lake Road; the second is located on the west side of
16 North Friant Road, between Lost Lake Road and Bluff View Avenue. A copy of the Project
17 Description is attached hereto as EXHIBIT A; and
18 WHEREAS, CONSUL TANT understands that the California Environmental Quality Act
19 ("CEQA") requires that the EIR prepared for the project reflect the independent judgment of
20 the Lead Agency; and
21 WHEREAS, CONSULTANT understands that it must meet the requirements for an
22 interdisciplinary approach in the preparation of the EIR, as are specified in Article 14 of the
23 CEQA Guidelines (Section 15120 -15132), and that CONSUL TANT must have no interest,
24 financial or otherwise, in the outcome of the proposed PROJECT or any related projects; and,
25 WHEREAS, CONSUL TANT represents that it is qualified, able, and willing to prepare
26 a legally adequate El R and to otherwise deliver the necessary environmental consulting
27 services as are required by COUNTY and as are required by law for the PROJECT, which
28 representation COUNTY specifically relies upon; and,
1 WHEREAS, the Director of the Fresno County Department of Public Works and
2 Planning ("DIRECTOR") is responsible for the environmental documents prepared for the
3 PROJECT.
4 NOW, THEREFORE, in consideration of the covenants and conditions set forth
5 herein, the PARTIES agree as follows:
6 This AGREEMENT shall become effective upon execution hereof by the PARTIES
7 hereto and shall terminate following final payment under the AGREEMENT.
8 1. OBLIGATIONS OF CONSULTANT
9 A. Upon CONSULTANT'S receipt of written requests by COUNTY to proceed with
1 O identified work, CONSUL TANT shall prepare, in phases, an EIR for the PROJECT, which
11 shall comply with CEQA and conform to the WORK PROGRAM and WORK SCHEDULE
12 submitted by CONSULTANT and approved by DIRECTOR. A copy of the approved WORK
13 PROGRAM is attached hereto as EXHIBIT B, a copy of the approved WORK SCHEDULE is
14 attached hereto as EXHIBIT C and both are incorporated herein by this reference.
15 B. CONSUL TANT shall determine, at the earliest feasible time, those factors
16 which could severely inhibit or prohibit the approval and development of the proposed project.
17 CONSULTANT shall promptly notify COUNTY of CONSULTANT's findings regarding such
18 factors and conclusions related thereto for the purpose of determining the feasibility of
19 continuing with preparation of the EIR according to said WORK PROGRAM.
20 C. CONSUL TANT shall include a COUNTY staff member in any meeting or other
21 contact between CONSUL TANT and APPLICANT. COUNTY shall specifically authorize each
22 instance of written correspondence between CONSULTANT and APPLICANT, and the
23 sender shall provide COUNTY a copy of all such correspondence.
24 D. CONSULTANT shall review all background information, prior environmental
25 studies and other studies supplied by APPLICANT for evaluation in the EIR, and
26 CONSUL TANT or its Subconsultants shall revise and/or complete any studies determined to
27 be inadequate or incomplete.
28 E. CONSULTANT shall not revise the approved WORK PROGRAM, WORK
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1 SCHEDULE or replace any Subconsultant selected to prepare any part of the EIR without the
2 prior written consent of DIRECTOR. CONSULTANT Project Manager shall be Bruce
3 Steubing, email bsteubing@benchmarkresources.com. Any changes to CONSULTANT
4 Project Manager will require the prior written consent of DIRECTOR.
5 F. CONSUL TANT shall at minimum conduct one (1) scoping meeting for the
6 Notice of Preparation (NOP) and one (1) public meeting for the Draft EIR if such meetings are
7 requested by COUNTY.
8 2. OBLIGATIONS OF COUNTY
9 A. COUNTY shall make arrangements for meetings with public agencies and the
1 O public if COUNTY requests CONSUL TANT to conduct such meetings.
11 B. COUNTY shall make available to CONSUL TANT documents, studies, and
12 other information, not otherwise confidential or privileged, in its possession related to the
13 project.
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C. COUNTY shall review CONSULTANT work and provide comments to
CONSULTANT within the time frame specified in EXHIBIT C.
D. COUNTY shall mail required notices to public agencies and interest groups.
E. The deadlines for performance by COUNTY or its officers and employees set
forth herein are directory only, and the failure of COUNTY to meet such deadlines shall not be
a breach of this AGREEMENT. COUNTY shall exercise good faith to meet all deadlines and
shall promptly notify CONSULTANT of delay.
3. COMPENSATION
A. For the services performed by CONSULTANT pursuant to this AGREEMENT,
COUNTY shall pay CONSULTANT a basic fee which shall be a flat fee in the total sum of
Four Hundred and Ten Thousand Three Hundred and Sixty-Nine dollars and no cents
($410,369.00). This flat fee is the entire consideration to be paid by COUNTY to
CONSULTANT for all services performed by CONSULTANT, except as otherwise provided in
subsection 3.D of this AGREEMENT (EXHIBIT D EXTRA SERVICES). In the event the
PARTIES hereto disagree as to whether certain services are included in the basic fee,
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1 DIRECTOR shall, in DIRECTOR's reasonable discretion, make the determination as to the
2 characterization of such services. DIRECTOR will be guided by, but not be required to follow
3 CONSULTANT'S WORK PROGRAM as found in EXHIBIT B of this AGREEMENT in
4 determining whether certain services are included in the basic fee. DIRECTOR's
5 determination shall be conclusive and binding upon the PARTIES hereto.
6 B. APPLICANT and COUNTY pursuant to the Agreement between APPLICANT
7 and COUNTY entered into on the same date as this AGREEMENT (the
8 "COUNTY/APPLICANT AGREEMENT"), and COUNTY and CONSULTANT pursuant to this
9 AGREEMENT agree to allow the preparation of the EIR Contract Deliverables to occur in five
1 O (5) increments with APPLICANT providing payment in advance for each Contract Deliverable
11 increment before COUNTY may authorize CONSUL TANT to commence work on said
12 increment.
13 C. CONSULTANT and COUNTY agree that the EIR shall be prepared to consist
14 of five (5) Contract Deliverable increments. A Contract Deliverable shall be submitted only
15 after the tasks identified for that Contract Deliverable increment have been completed to the
16 satisfaction of COUNTY. All Tasks shall be completed according to EXHIBIT B WORK
17 PROGRAM. Upon completion of a Contract Deliverable and delivery to COUNTY,
18 CONSUL TANT may submit an invoice with documentation that the Tasks have been fully
19 completed for that Contract Deliverable. COUNTY shall take a maximum of fifteen (15)
20 calendar days to review, approve, and submit the invoice to the County Auditor-
21 Controller/Treasurer-Tax Collector. Payment shall be issued to CONSULTANT within thirty
22 (30) calendar days after the receipt thereof by County Auditor-Controller/Treasurer Tax
23 Collector.
24 D. (1) Contract Deliverable I shall consist of all work performed by
25 CONSUL TANT to complete Task 1, Task 2, and a portion of Task 9 as identified in the
26 EXHIBIT B WORK PROGRAM concluding with submission of the scoping report to the
27 County.
28 (2) Contract Deliverable II shall consist of all work performed by
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1 CONSULTANT to complete Task 3 and a portion of Task 9 as identified in the EXHIBIT B
2 WORK PROGRAM concluding with submission of the final peer review memo.
3 (3) Contract Deliverable Ill shall consist of all work performed by
4 CONSUL TANT to complete Task 4, Task 5, and a portion of Task 9 as identified in the
5 EXHIBIT B WORK PROGRAM concluding with submission of the Administrative Draft EIR to
6 the County.
7 (4) Contract Deliverable IV shall consist of all work performed by
8 CONSULTANT to complete Task 6 and a portion of Task 9 as identified in the EXHIBIT B
9 WORK PROGRAM concluding with publication of the Public Draft EIR.
10 (5) Contract Deliverable V shall consist of all work performed by
11 CONSULTANT to complete Task 7, Task 8, and the remainder of Task 9 as identified in the
12 EXHIBIT B WORK PROGRAM concluding with filing of the Notice of Determination.
13 (6) Upon execution of this AGREEMENT by the PARTIES hereto and
14 thereafter upon CONSUL TANT's completion of each Contract Deliverable, CONSUL TANT
15 shall confirm, in writing, with DIRECTOR or DIRECTOR's designee, prior to CONSUL TANT's
16 performance of any services under a Contract Deliverable, that the sum representing
17 APPLICANT's incremental payment for that Contract Deliverable of work to be performed by
18 CONSUL TANT has been received by COUNTY from APPLICANT. This total sum shall be
19 paid to CONSULT ANT as follows:
20 (a) Contract Deliverable I: Upon receipt of a proper invoice
21 following acceptance of Contract Deliverable I, COUNTY shall pay CONSULTANT said
22 amount pursuant to 3.D.(1), above. The first payment of CONSULTANT shall consist of
23 Thirty-Two Thousand One Hundred Fifty dollars and no cents ($32, 150.00), approximately
24 7.8% of the total amount of the basic fee.
25 (b) Contract Deliverable II: Upon receipt of a proper invoice
26 following acceptance of Contract Deliverable II, COUNTY shall pay CONSULTANT said
27 amount pursuant to 3.D.(2}, above. The second payment of CONSULTANT shall consist of
28 One Hundred Thirteen Thousand Four Hundred Nineteen dollars and no cents ($113,419.00)
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1 approximately 27.6% of the total amount of the basic fee.
2 (c) Contract Deliverable Ill: Upon receipt of a proper invoice
3 following acceptance of Contract Deliverable Ill, COUNTY shall pay CONSULTANT said
4 amount pursuant to 3.0.(3), above. The third payment of CONSULTANT shall consist of One
5 Hundred Eighteen Thousand One Hundred Fifty dollars and no cents ($118, 150.00),
6 approximately 28.8% of the total amount of the basic fee.
7 (d) Contract Deliverable IV: Upon receipt of a proper invoice
8 following acceptance of Contract Deliverable IV, COUNTY shall pay CONSULTANT said
9 amount pursuant to 3.D.(4), above. The fourth payment of CONSULTANT shall consist of
1 O Forty-Eight Thousand One Hundred dollars and no cents ($48, 100.00), approximately 11.7%
11 of the total amount of the basic fee.
12 (e) Contract Deliverable V: Upon receipt of a proper invoice
13 following acceptance of Contract Deliverable V, COUNTY shall pay CONSUL TANT said
14 amount pursuant to 3.D.(5), above. The fifth payment of CONSULTANT shall consist of
15 Ninety-Eight Thousand Five Hundred Fifty dollars and no cents ($98,550.00), approximately
16 24.0% of the total amount of the basic fee.
17 E. (1) The PARTIES understand that additional work, not reasonably
18 anticipated during the preparation of the WORK PROGRAM proposal submitted by
19 CONSUL TANT and approved by COUNTY, may be necessary to complete the Draft and/or
20 Final EIR. The PARTIES further understand that it is not possible to estimate accurately
21 either the quantity or quality of comments that will be received by COUNTY during the public
22 review period for the Draft EIR. The PARTIES agree that COUNTY may authorize
23 CONSULTANT to perform certain necessary additional work as "Extra Services" pursuant to
24 EXHIBIT D of this AGREEMENT.
25 (2) The Extra Services which may be authorized are limited to those
26 subjects set forth in EXHIBIT D, a copy of which is attached hereto and incorporated herein
27 by reference. CONSUL TANT shall not perform any Extra Services without prior written
28 authorization from DIRECTOR or DIRECTOR's designee. The total charge for all such Extra
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1 Services shall not exceed the sum of Eighty-Two Thousand dollars and no cents
2 ($82,000.00), approximately 20% of the total amount of the basic fee.
3 (3) Whether to authorize Extra Services is within the discretion of
4 COUNTY. Authorization may be granted only if additional information, further analysis, or
5 other work is, in the reasoned opinion of DIRECTOR, required to complete the Draft or Final
6 EIR or related activities. However, if the services to be performed could reasonably have
7 been anticipated during the preparation of the WORK PROGRAM proposal, as determined by
8 DIRECTOR, these services are not "Extra Services" and shall be performed by
9 CONSUL TANT within the basic fee of this AGREEMENT. Extra Services may be authorized
10 only after COUNTY's receipt from APPLICANT, pursuant to COUNTY/APPLICANT
11 AGREEMENT, of the entire sum determined by DIRECTOR to be the maximum that may be
12 rendered for those Extra Services. CONSUL TANT shall confirm with DIRECTOR or
13 DIRECTOR's designee that said sum has been received by COUNTY from APPLICANT prior
14 to its performance of the Extra Services.
15 F. The advance of sufficient funds by APPLICANT to COUNTY for the
16 compensation of both basic fee services and Extra Services prior to such services being
17 performed, and CONSULTANT's confirmation of same with DIRECTOR, or DIRECTOR's
18 designee that such sums have been received shall be conditions precedent to COUNTY's
19 obligation to compensate CONSUL TANT for such services. In the event that CONSUL TANT
20 performs any services under this AGREEMENT and such conditions precedent are not met,
21 COUNTY shall not be obligated to compensate CONSULTANT for the performance thereof.
22 G. It is understood that CONSUL TANT shall bear all expenses incidental to the
23 performance of its obligations under this AGREEMENT.
24 4. HOLD HARMLESS AND INSURANCE
25 A. For purposes of this Section 4, "LOSSES" includes all claims, demands,
26 injuries, damages, costs, expenses (including attorney fees and courts costs), fines,
27 penalties, and liabilities of any kind.
28 B. CONSUL TANT agrees to indemnify COUNTY, its officers, agents, employees,
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1 and volunteers from any and all costs and expenses (including reasonable attorney fees and
2 court costs), against any LOSSES incurred by COUNTY, CONSULTANT, or any third party in
3 connection with the performance, or failure to perform, by CONSUL TANT, its officers, agents,
4 or employees under this AGREEMENT.
5 C. If requested by COUNTY, CONSUL TANT shall defend actions or proceedings
6 brought or threatened against COUNTY (including its officers, agents, or employees) under
7 this AGREEMENT. COUNTY may conduct or participate in its own defense without affecting
8 APPLICANT's obligation to indemnify or defend COUNTY.
9 D. The terms of this SECTION 4 shall survive the termination of this
10 AGREEMENT.
11 E. Without limiting COUNTY's right to obtain indemnification from CONSULTANT
12 or any third parties, CONSULTANT, at its sole expense, shall maintain in full force and effect,
13 the following insurance policies throughout the term of the AGREEMENT:
14 (a) Commercial General Liability. Commercial General Liability Insurance with limits of
15 not less than Two Million dollars ($2,000,000.00) per occurrence and an annual aggregate of
16 Four Million dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis.
17 CONSULTANT shall obtain an endorsement to this policy naming COUNTY, its officers,
18 agents, employees, and volunteers, individually and collectively, as additional insureds, but
19 only insofar as the operations under this AGREEMENT are concerned. Such coverage for
20 additional insureds will apply as primary insurance and any other insurance, or self-insurance,
21 maintained by COUNTY is excess only and not contributing with insurance provided under
22 CONSULTANT policy;
23 (b) Automobile Liability. Comprehensive Automobile Liability Insurance with limits for
24 bodily injury of not less than One Million dollars ($1,000,000.00) per occurrence for bodily
25 injury and property damages. Coverage must include owned and non-owned vehicles used in
26 connection with this AGREEMENT;
27 (c) Workers Compensation. Worker's Compensation insurance as may be required by
28 the California Labor Code; and
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1 (d) Professional Liability. Professional liability insurance with limits of not less than
2 One Million dollars ($1,000,000.00) per occurrence and an annual aggregate of Three Million
3 dollars ($3,000,000.00). If this is a claims-made policy, then (1) the retroactive date must be
4 prior to the date on which services began under this AGREEMENT; (2) CONSULTANT shall
5 maintain the policy and provide to COUNTY annual evidence of insurance for not less than
6 five years after completion of services under this AGREEMENT; and (3) if the policy is
7 canceled or not renewed, and not replaced with another claims-made policy with a retroactive
8 date prior to the date on which services begin under this AGREEMENT, then CONSULTANT
9 shall purchase extended reporting coverage on this claims-made policy for a minimum of five
1 O years after completion of services under this AGREEMENT.
11 ( e) Additional Requirements:
12 i. Verification of Coverage. Within thirty (30) days from the date
13 CONSUL TANT signs and executes this AGREEMENT, CONSUL TANT shall deliver or cause
14 its broker or producer to deliver, to the County of Fresno, Department of Public Works and
15 Planning, Development Services and Capital Projects Division, Attn: Principal Planner, 2220
16 Tulare Street, Sixth Floor, Fresno, CA 93721, copies of insurance policies as produced by the
17 broker or producer, and certificates of insurance and endorsements for all coverages required
18 under this AGREEMENT.
19 (1) All insurance certificates must state that: (1) the insurance coverage has been
20 obtained and is in full force; (2) COUNTY, its officers, agents, employees, and volunteers are
21 not responsible for any premiums on the policy, and (3) CONSULTANT has waived its right to
22 recover from COUNTY, its officers, agents, employees, and volunteers any amounts paid
23 under the insurance policy required by this AGREEMENT and that waiver does not invalidate
24 the insurance policy.
25 (2) The commercial general liability insurance certificates must also state that (1)
26 the County of Fresno, its officers, agents, employees, and volunteers, individually and
27 collectively, are additional insureds insofar as the operations under this AGREEMENT are
28 concerned; (2) the coverage shall apply as primary insurance and any other insurance, or
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1 self-insurance, maintained by COUNTY shall be excess only and not contributing with
2 insurance provided under CONSULTANT'S policy.
3 (3) The automobile liability insurance certificate must state that the policy covers
4 any auto sued in connection with this AGREEMENT.
5 (4) The professional liability insurance certificates, if it is a claims-made policy,
6 must also state the retroactive date of the policy, which must be prior to the date on which
7 services began under this AGREEMENT.
8 ii. All insurance policies required under this AGREEMENT must be issued by
9 admitted insurers licensed to do business in the State of California and possessing at all
1 O times during the term of this AGREEMENT an AM. Best, Inc., rating of A VII or greater.
11 iii. For each insurance policy required under this AGREEMENT,
12 CONSUL TANT shall provide to COUNTY, or ensure that the policy requires the insurer to
13 provide to COUNTY, written notice of any cancellation or change in the policy as required in
14 this paragraph. For cancellation of the policy for nonpayment of premium, CONSUL TANT
15 shall, or cause the insurer to, provide written notice to COUNTY not less than 1 O days in
16 advance of cancellation. For cancellation of the policy for any other reason, and for any other
17 change to the policy, CONSUL TANT shall or shall cause the insurer to, provide written notice
18 to COUNTY not less than 30 days in advance of cancellation or change. COUNTY in its sole
19 discretion may determine that the failure of CONSUL TANT or its insurer to timely provide a
20 written notice required by this paragraph is a breach of this AGREEMENT.
21 iv. If CONSULTANT has or obtains insurance with broader coverage, higher
22 limits, or both, than what is required under this AGREEMENT, then COUNTY requires and is
23 entitled to the broader coverage, higher limits, or both. To that end, CONSULTANT shall
24 deliver, or cause its broker or producer to deliver, to COUNTY's Risk Manager copies of
25 insurance policies that have such broader coverage, higher limits, or both, as produced by the
26 broker or producer, and certificates of insurance and endorsements for all of the coverages
27 that have such broader coverage, higher limits, or both, as required under this AGREEMENT.
28 v. CONSULTANT waives its right to recover from COUNTY, its officers,
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1 agents, employees, and volunteers any amounts paid under the policy of worker's
2 compensation insurance required by this AGREEMENT. CONSULTANT is solely responsible
3 to obtain any policy endorsement that may be necessary to accomplish that waiver, but
4 CONSULTANT'S waiver of subrogation under this paragraph is effective whether or not
5 CONSUL TANT obtains such an endorsement.
6 vi. If CONSUL TANT fails to keep in effect at all times any insurance coverage
7 required under this AGREEMENT, COUNTY may, in addition to any other remedies it may
8 have, suspended or terminate this AGREEMENT upon the occurrence of that failure, or
9 purchase such insurance coverage, and charge the cost of that coverage to CONSUL TANT.
10 COUNTY may offset such charges against any amounts owed by COUNTY to CONSULTANT
11 under this AGREEMENT.
12 5. BREACH AND TERMINATION
13 A. This AGREEMENT may be immediately terminated by COUNTY upon written
14 notice to CONSUL TANT if CONSUL TANT fails to comply with any or all of the terms of this
15 AGREEMENT or APPLICANT requests that COUNTY discontinues processing the project. In
16 no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach of
17 this AGREEMENT or any default which may then exist on the part of CONSULTANT.
18 COUNTY's termination of this AGREEMENT due to CONSUL TANT's breach shall not limit
19 the rights of COUNTY to seek other relief, including the recovery of damages.
20 B. If this AGREEMENT is terminated as provided in this section, CONSULTANT
21 shall be compensated for satisfactorily-performed services completed to the date of
22 termination based upon the compensation rates set forth in EXHIBIT B WORK PROGRAM,
23 which is attached hereto and incorporated herein by this reference, and subject to the total
24 sum agreed to herein, together with such additional services satisfactorily performed by
25 CONSUL TANT after termination which are authorized by COUNTY to complete the work
26 performed to the date of termination.
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6.
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WORK PRODUCT
Any and all reports, studies, data, or other information, prepared or assembled
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by CONSUL TANT 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 COUNTY.
B. COUNTY shall have the unlimited authority to forever publish, disclose,
distribute, and otherwise use throughout the world, in whole or in part, and allow others to do
so, any and all reports, studies, data, or other information prepared by CONSULTANT
pursuant to this AGREEMENT.
C. All documents prepared or obtained by CONSULTANT shall become the
exclusive property of COUNTY. Upon termination of this AGREEMENT and prior to any
compensation received from COUNTY for unpaid services, CONSUL TANT shall surrender to
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 COUNTY
authorizes such work product to be retained to allow the completion of work as provided in
Subsection 5.B of this AGREEMENT. CONSULTANT may retain copies of any documents
prepared or obtained by CONSUL TANT and designated as public records under the Public
Records Act, and such documents may be used by CONSULTANT in any manner after this
AGREEMENT has been terminated.
D. CONSULTANT shall provide (submit, reproduce, and distribute) Draft EIR,
Final EIR, MMRP, appendices, exhibits, and any additional reference material in the
quantities and format(s) as specified in EXHIBIT B WORK PROGRAM of this AGREEMENT.
COUNTY will require that CONSULTANT provide documents in both Microsoft Word Office
2016 (or newer) and Portable Document Format (.pdf) file formats.
7. TIME OF PERFORMANCE
It is understood that weather and other factors beyond CONSULTANT'S control may
delay the completion of field work necessary for preparation of the EIR. CONSULTANT will
be allowed as many additional days as are necessary to compensate for days lost due to
inclement weather or delays resulting from actions by APPLICANT including but not limited to
changes in the project. If additional time is needed because of delay caused by factors
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1 beyond CONSUL TANT's control, CONSUL TANT shall timely request an extension of time in
2 writing. The granting of such an extension shall be at the discretion of DIRECTOR, or
3 DIRECTOR's designee.
4 8. INDEPENDENT CONTRACTOR
5 In performance of the work, duties, and obligations assumed by CONSUL TANT under
6 this AGREEMENT, it is mutually understood and agreed that CONSUL TANT, including any
7 and all of CONSULTANT'S officers, agents, and employees, will at all times be acting and
8 performing as an independent contractor, and shall act in an independent capacity and not as
9 an officer, agent, servant, employee, joint venture, partner, or associate of COUNTY.
1 O Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
11 method by which CONSULTANT shall perform its works and function. However, COUNTY
12 shall retain the right to administer this AGREEMENT so as to verify that CONSUL TANT is
13 performing its obligations in accordance with the terms and conditions thereof.
14 CONSUL TANT and COUNTY shall comply with all applicable provisions of law and the rules
15 and regulations, if any, of Governmental authorities having jurisdiction over matters the
16 subject thereof.
17 Because of its status as an independent contractor, CONSUL TANT shall have
18 absolutely no right to any and all employment rights and benefits available to COUNTY
19 employees. CONSUL TANT shall be solely liable and responsible for providing to, or on behalf
20 of its employees, all legally-required employees benefits. In addition, CONSULTANT shall be
21 solely responsible and save COUNTY harmless from all matters relating to payment of
22 CONSULTANT's employees, including compliance with Social Security withholding, and all
23 other regulations governing such matters. It is acknowledged that during the term of this
24 AGREEMENT, CONSULTANT may be providing services to others unrelated to COUNTY or
25 to this AGREEMENT.
26 9. CONFLICT OF INTEREST
27 CONSULTANT, Sub-consultants, and CONSULTANT's employees shall adhere to the
28 Conflict of Interest Code of the Department of Public Works and Planning (EXHIBIT E).
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10. GOVERNING LAW
The rights and obligations of the PARTIES and all interpretations and performance of
this AGREEMENT shall be governed in all respects by the laws of the State of California.
Any controversy or claim arising out of or relating to this AGREEMENT which cannot
be amicably settled without court action shall be litigated either in a state court for Fresno
County, California or in the U.S. District Court for the Eastern District of California located in
Fresno County, California.
11. AMENDMENTS
Any changes to this AGREEMENT requested either by COUNTY or CONSUL TANT
may only be effected if mutually agreed upon in writing by duly authorized representatives of
the PARTIES hereto. This AGREEMENT shall not be modified or amended or any rights of a
PARTY to it waived except by such a writing.
12. COMPLIANCE WITH LAWS
CONSUL TANT shall comply with all Federal, State, and local laws, ordinances,
regulations, and Fresno County Charter Provisions applicable in the performance of its
services.
13. AUDITS AND INSPECTIONS
CONSUL TANT shall at any time during business hours, and as often as COUNTY
may deem necessary, make available to COUNTY for examination all of its records and data
with respect to the matters covered by this AGREEMENT. CONSUL TANT shall, upon
request by COUNTY, permit COUNTY to audit and inspect all of such records and data
necessary to ensure CONSULTANT'S compliance with the terms of this AGREEMENT.
If this AGREEMENT exceeds ten thousand dollars ($10,000.00), CONSUL TANT shall
be subject to the examination and audit of the Auditor General for a period of three (3) years
after final payment under contract (Government Code Section 8546.7).
14. MAINTAIN AND PROVIDE ADMINISTRATIVE RECORD.
CONSUL TANT shall prepare and assemble the Administrative Record and furnish it to
COUNTY after the Notice of Determination, including the findings and Statement of
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1 Overriding Consideration, are filed with the County Clerk Officer. The Administrative Record
2 is the entirety of the information relied upon to prepare the EIR. The Administrative Record is
3 inclusive of all information and analyses either generated or obtained from other sources, or
4 used to support documentation and analyses. A complete Administrative Record is the
5 entirety of the information relied upon within CONSULTANT'S possession plus all information
6 in other locations listed in the references. Information listed in the references at other
7 locations does not have to be included. CONSUL TANT shall organize the information
8 comprising the Administrative Record as an accessible file, indexed by topic to the extent
9 possible, and submit this record to COUNTY.
10 15. CONTRACT ADMINISTRATION:
11 CONSUL TANT shall notify its appropriate employees of the individual COUNTY
12 designates as COUNTY Contract Administrator for this EIR. All routine correspondence and
13 telecommunications related to Contract performance and related issues should be addressed
14 as follows:
15 Chrissy Monfette, Planner
Department of Public Works and Planning
16 Development Services Division
2220 Tulare Street, 5th floor
17 Fresno, CA 93721
Phone: (559) 262-4334
18 e-mail: CMonfette@FresnoCountyCA.gov
19 16. ENTIRE AGREEMENT
20 This AGREEMENT constitutes the entire AGREEMENT between CONSULTANT and
21 COUNTY with respect to the subject matter hereof and supersedes all previous negotiations,
22 proposals, commitments, writing, advertisements, publications, and understandings of any
23 nature whatsoever unless expressly included in this AGREEMENT.
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17. NOTICES
The persons and their addresses having authority to give and receive notices under
this AGREEMENT include the following:
COUNTY:
Steven E. White, Director
Department of Public Works and Planning
2220 Tulare Street, Sixth Floor
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Fresno, CA 93721
Attn: Division Manager/Development Services
CONSUL TANT:
Bruce Steubing, Project Manager
Benchmark Resources
2515 East Bidwell Street
Folsom, CA 93630
Any and all notices between COUNTY and CONSUL TANT provided for or
permitted under this AGREEMENT or by law shall be in writing and shall be deemed duly
served when personally delivered to one of the PARTIES, or in lieu of such personal service,
when deposited in the United States Mail, postage prepaid, addressed to such PARTY.
18. NON-ASSIGNMENT
Neither PARTY shall assign, transfer or sub-contract this AGREEMENT nor their
rights or duties under this AGREEMENT without the written consent of the other party.
19. CONSULTANT'S LEGAL AUTHORITY
Each individual executing or attesting this AGREEMENT on behalf of CONSULTANT
hereby covenants, warrants, and represents: (i) that he or she is duly authorized to execute
or attest and deliver this AGREEMENT on behalf of such sole proprietorship and (ii) that this
AGREEMENT is binding upon such sole proprietorship.
20. BINDING UPON SUCCESSORS
This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES and
their respective successors in interest, assigns, legal representatives, and heirs.
21. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if CONSULTANT is operating as a corporation (a for-
profit or non-profit corporation) or if during the term of this AGREEMENT, CONSULTANT
changes its status to operate as a corporation.
Members of CONSUL TANT's Board of Directors shall disclose any self-dealing
transactions they are a party to while CONSUL TANT is providing goods or performing
services under this AGREEMENT. A self-dealing transaction shall mean a transaction to
which CONSUL TANT is a party and in which one or more of its directors has a material
financial interest. Members of the Board of Directors shall disclose any self-dealing
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1 transactions that they are a party to by completing and signing a Self-Dealing Transaction
2 Disclosure Form (EXHIBIT E) and submitting it to COUNTY prior to commencing with the self-
3 dealing transaction or immediately thereafter.
4 22. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES
5 The headings of the sections and paragraphs of this AGREEMENT are for
6 convenience only and shall not be used to interpret this AGREEMENT. This AGREEMENT is
7 the product of negotiation between the PARTIES. The language of this AGREEMENT shall be
8 construed as a whole according to its fair meaning and not strictly for or against any party.
9 Any rule of construction to the effect that ambiguities are to be resolved against the drafting
1 O party shall not apply in interpreting this AGREEMENT. All references in this AGREEMENT to
11 particular statutes, regulations, ordinances or resolutions of the United States, the State of
12 California, or County of Fresno shall be deemed to include the same statute, regulation,
13 ordinance, or resolution as hereafter amended or renumbered, or if repealed, to such other
14 provisions as may thereafter govern the same subject.
15 23. COUNTERPARTS
16 This AGREEMENT may be executed in two or more counterparts, each of which shall
17 be deemed to be an original, and all of which taken together shall constitute one and the
18 same instrument.
19 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
20 executed as of the day and year first above written.
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CONSUL TANT:
Benchmark Resources
2515 East Bidwell Street
Folsom, CA 93630
~ i ! BY: i( }\Jl/i ,/~-7<
I! !/ / )
Bruce Steubing / /
Vice President l..-//
ORG. NO.:
SUBCLASS NO.:
FUND NO.:
ACCOUNT NO.:
4360-0200
10000
0001
7295
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COUNTY OF FRESNO
REVIEWED AND RECOMMfiNDED FOR
APPROVAL /. /l
//
/ / //
; ,,/'
// 1·
BY: r;r--,.
STEVEN E. WHITE, DIRECTOR
DEPARTMENT OF PUBLIC WORKS
AND PLANNING
Project Description/Operational Statement
CEMEX Rockfield Modification Project
Friant Road, Fresno County, California
Prepared For:
CEMEX Construction Materials Pacific, LLC
4120 E Jurupa Street, Suite 202
Ontario, CA 91761
Submitted to:
Fresno County Department of Public Works and Planning
2220 Tulare Street, Street Level
Fresno, CA 93721
December 2019
Prepared By
BUADA ASSOCIATES, INC.
4872 N Arcade Ave
Fig Garden Studio
Fresno, California 93704
O: 559/432-4902 C: 559/269-1376
e-mail: jcbuada@buada.com
Plant Site: 13475 N Friant Road Quarry Site: 14765 N Friant Road
EXHIBIT A
TABLE OF CONTENTS
Page
1. Purpose and Scope 1
2. Objectives of Project 4
3. Background 4
4. Project Need and Economic Impact 6
5. Zoning and Land Use 7
6. Nature of the Operations 8
A. Mine Plans 8
B. Reclamation Plans 9
7. Operational Time Limits 10
8. Number of Customers or Visitors 10
9. Number of Employees 11
10. Access to Site 11
11. Service and Delivery Vehicles 11
12. Parking 11
13. Goods Sold On-Site. Goods Grown or Produced On-Site 12
14. Equipment 12
15. Supplies or Materials Used or Stored 14
16. Appearance, Noise, Glare, Dust or Odor 14
A. Appearance 14
B. Noise and Vibration 15
C. Glare 15
D. Dust and Air Quality 15
E. Odor 16
17. Solid or Liquid Waste 16
18. Estimated Volume of Water Used 16
19. Flood Potential Assessment 17
20. Slope Stability 18
21. Blasting 18
22. Existing and Proposed Advertising 19
23. Existing or New Buildings 19
24. Buildings or Portion of Buildings Used in the Operation 19
25. Outdoor Lighting or an Outdoor Amplification System 20
26. Landscaping or Fencing 20
TABLES
1 Mining and Reclamation Plan Summary 3
2 Summary of Conditional Use Permits 5
3 Existing Permitted Hours of Operation 10
4 Proposed Typical Hours and Days of Operation 10
5 Existing and Estimated Project Trip Generation 11
EXHIBITS
(Located in back of Report)
A Location Map
B Vicinity Land Use Map
C Sheet 1: Plant Site and Quarry Site Aerials
C Sheet 2: Plant Site Existing Conditions
C Sheet 3: Quarry Site Existing Conditions
C Sheet 4: Plant Site Project Site Plan
C Sheet 5: Plant Site Mine Plan
C Sheet 6: Quarry Site Mine Plan
C Sheet 7: Plant Site Reclamation Plan
C Sheet 8:Quarry Site Reclamation Plan
ATTACHMENTS
PROJECT SPECIFIC STUDIES
Copies on file with the Fresno County Department of Public Works and Planning
Air Quality, Health Risk, and Climate Change Impact Assessment, CEMEX Rockfield Modification
Project, Sespe Consulting, December 2019
Blast Impact Analysis CEMEX Rockfield Quarry, Fresno, California, Vibra-Tech Engineers, Inc.,
September 9, 2019
Environmental Noise and Vibration Assessment, CEMEX Rockfield Modification Project, Fresno County,
California, Bollard Acoustical Consultants, November 15, 2019
Geological and Geotechnical Assessment Report CEMEX Rockfield Modification Project, Tetra Tech
BAS, April 17, 2019
Hydraulic Analyses for the CEMEX Rockfield Modification Project, Chang Consultants, November 18,
2019
Traffic Impact Study, CEMEX Rockfield Modification Project, Peters Engineering, November 15, 2019
Visual Impact Assessment for CEMEX Rockfield Modification Project, Sespe, November 8, 2019
OTHER REFERENCES
Construction & Aggregates in Fresno County, An Economic Analysis of the Construction and Aggregates
Industries in Fresno County, Prepared for the Construction Materials Association of California, Sharon
Prager and Randy Evans, October 2003
Map Sheet 52, Aggregate Sustainability in California, Susan Kohler, Department of Conservation,
California Geological Survey, 2018
A Existing CUPs Conditions of Approval
B Existing Conditions Photos
C Elevations of Plant Equipment
ACRONYMS
bgs………….. below ground surface
CCR . .............. California Code of Regulations (Title 14)
DMR…………Division of Mine Reclamation
DOC . .............. California Department of Conservation
DMG………... Department of Mines and Geology
H:V or h:v. ...... Horizontal to Vertical, or horizontal:vertical
FCZO……….. Fresno County Zoning Ordinance
PRC ................ California Public Resources Code
SMARA . ........ Surface Mining and Reclamation Act, 1975 (PRC § 2777, et seq.)
SMGB ............. State Mining and Geology Board
USGS . ............ United States Geological Survey
PEOJECT DESCRIPTION/OPERATIONAL STATEMENT
CEMEX ROCKFIELD MODIFICATION PROJECT
This Project Description/Operational Statement has been prepared for the CEMEX Rockfield
Modification Project in response to the questions posed in the Fresno County Operational Statement
Checklist.
Applicant: Representative:
Pete LoCastro, Area Operations Manager
CEMEX Construction Materials Pacific, LLC -
Rockfield Quarry
13475 N Friant Road
Fresno, Ca 93636
559-287-7912
pete.locastro@cemex.com
John C. Buada
Buada Associates, Inc.
4872 N Arcade Ave
Fresno, CA 93704
559-269-1376
jcbuada@buada.com
Site Addresses: 13475 and 14765 North Friant Road, Fresno, CA 93636
1. Purpose and Scope
CEMEX Construction Materials Pacific, LLC (CEMEX) is proposing the Rockfield Modification Project,
(Modification Project) a continuation and modification of its current aggregate (rock, sand and gravel)
mining and processing operations located on two properties between North Friant Road and the San
Joaquin River in Fresno County (the Project). The Project includes the Plant Site and the Quarry Site as
described below (Exhibit A Location Map, Exhibit B Vicinity Land Use):
• Plant Site: CEMEX’s current Plant Site is located on approximately 122 acres on the west side of N.
Friant Road (APNs 300-070-56S, 57S, 58S, 59S, & 60S), approximately 1.5 miles north of the
City of Fresno and approximately 0.7 mile north of the intersection of N Willow Avenue and N Friant
Road (including portions of Section 36 of T11N/R21E MDB&M).
• Quarry Site: CEMEX’s current Quarry Site is located on approximately 349 acres on the west side of
N. Friant Road (APNs 300-040-19 & 20, 300-080-01S, 300-250-12 & portion of 300-310-01)
approximately 2.0 miles north of CEMEX’s current Plant Site and approximately 2.0 miles south of
the town of Friant (including portions of Sections 24 and 25 of T11N/R20E MDB&M and Sections
19 and 30 of T11N/R21E MDB&M).
Mining first occurred at the Quarry Site in 1913 through the 1920’s. Mining and processing operations
have been located on the Plant Site since 1924. Together mining and processing operations have been
continuous at the two sites for 106 years (1913-2019).
CEMEX’s current Plant Site operates under several Conditional Use Permits (CUPs) 367, 3063, and
3093. The CUPs allow aggregate mining of the alluvial deposit; plant operations including an aggregate
processing plant, a ready-mix concrete plant, a hot-mix asphalt plant (inactive) and related supportive
facilities; and the processing of raw aggregate mined from CEMEX’s current Quarry Site. A portable
plant is brought in periodically to recycle come-back concrete (unused concrete in mixer truck upon
return to plant) into crushed miscellaneous base (CMB). Aggregate from the alluvial deposit has been
partially mined from portions of the Plant Site. The entire Plant Site is disturbed by historical and current
mining and processing operations with the exception of required setbacks from Friant Road (Exhibit C
Sheet 1, Plant Site and Quarry Site Aerials).
At the Quarry Site, aggregate mining of the alluvial deposit has been permitted by Fresno County at the
Quarry Site since 1960 under CUP 367. There has been active mining at the Quarry Site since the 1980’s
under several CUPs (367, 2032, 3064, and 3094). Since there are no plant operations permitted at the
Quarry Site, the CUPs allow the interplant haul of approximately 1.4 million tons per year (MT/yr )of
raw aggregate via Friant Road approximately 2 miles south to the Plant Site for processing. Most of the
Quarry Site has been partially mined and is almost entirely disturbed (over 90%) by the current and
historical mining operations with the exception of required setbacks from the San Joaquin River and
Friant Road (Exhibit C Sheet 1).
The Modification Project would occur in two stages as described below and summarized in Table 1
Rockfield Modification Project Summary.
• Stage 1 would continue concurrent operations at both the Quarry Site and the Plant Site for up to 30
years. At the Plant Site, the existing aggregate processing plant would continue to be used to wash,
screen, crush and sort aggregate mined from the Plant Site. The existing ready-mix concrete plant
would continue to operate and the existing, inactive asphalt plant would be replaced with a modern
asphalt plant. Aggregate products from the Plant Site and ready-mix concrete would continue to be
sold to customers and asphalt sales would resume. Periodic use of a portable crushing plant to
recycle come-back concrete would continue with the addition of asphalt recycling and the import of
concrete debris to recycle into CMB and asphalt debris to be recycled asphalt product (RAP). The
remaining alluvial deposit would be mined to a depth of approximately 85 feet below ground surface
(bgs). The ready-mix concrete plant and the hot-mix asphalt plant may be relocated from the Plant
Site to the Quarry Site in less than 30 years in order to recover the remaining alluvial deposit under
the plants. Upon completion of mining at the Plant Site, operations at the Plant Site would cease, all
equipment would be removed and the site reclaimed as 122 acres of open space, riparian and open
water wildlife habitat.
At the Quarry Site mining would be modified to include the hard rock (granite) that lies beneath the
alluvial deposit currently being mined. Mining of the hard rock would require drilling and blasting
and would occur to a depth of approximately 600 feet bgs. An aggregate processing plant would be
added to the Quarry Site to wash, screen, crush and sort the aggregate. A portable aggregate
processing plant may be used initially. Those aggregate products produced at the Quarry Site
aggregate plant for the asphalt and ready-mix plants would be transported approximately 2 miles
south to the Plant Site via an interplant haul on Friant Road in the same manner as raw aggregate is
currently being transported from the Quarry Site to the Plant Site for the existing operations. Other
aggregate products produced at the Quarry site not used by the asphalt and ready-mix plants at the
Plant Site, (e.g. road base, various-sized crushed rock, sand, etc.) would be sold directly from the
quarry.
Upon approval of the Modification Project permit, the combined annual sales of aggregate from both
sites are estimated to ramp up from the 1.4 MT allowed under the current permits to 2.0 MT in
approximately five years and up to 3.0 MT in approximately 10 years.
• Stage 2 would continue hard rock mining and processing operations only at the Quarry Site for
approximately 70 more years. The ready-mix concrete plant and the hot-mix asphalt plant would be
relocated from the Plant Site to the Quarry Site. The periodic use of a portable plant to recycle
concrete and asphalt debris (including imported) into CMB and RAP would be added to the Quarry
Site. Stage 2 operations are estimated to have annual aggregate sales of 3.0 MT. The interplant haul
would cease. Therefore, there would be less truck traffic than there would be for Stage 1. Upon
completion of mining at the Quarry Site, operations at the Quarry Site would cease and all equipment
would be removed. Reclamation of the Quarry Site would create approximately 349 acres of open
space, riparian and open water wildlife habitat.
The total Project life of the combined Stages 1 and 2 is estimated to be up to 100 years.
Table 1
Rockfield Modification Project Summary
Item/Activity Description1
Existing Permits, Acres Plant Site: CUPs 367, 3063, & 3093, Approximately 122 acres
Quarry Site: CUPs 367, 2032, 3064 & 3094, Approximately 349 acres
Total Both Sites: Approximately 471 acres
Mining Acres Plant Site: Approximately 112 acres
Quarry Site: Approximately 282 acres
Total Both Sites: Approximately 394 acres
Mining Method Plant Site: Topsoil and overburden removal by scrapers. Continuation of
dry mining of alluvial deposit by excavator. Explosives will not be
used.
Quarry Site: Modification of current dry mining of alluvial deposit by
excavator to include dry mining of hard rock by drilling and blasting.
Mining Depth Plant Site: Approximately 85 feet below ground surface (bgs) Quarry
Site: Approximately 600 feet bgs.
Processing Plant Site (up to 30 years):
Continued use of aggregate processing plant; ready-mix concrete plant;
hot-mix asphalt plant; periodic use of portable plant to recycle
concrete; and interplant haul via Friant Rd; addition of asphalt
recycling & imported concrete and asphalt debris for recycling.
Quarry Site (100 years):
Upon Project Approval: Addition of aggregate processing plant.
Within 30 years: Relocation of hot-mix asphalt plant, ready-mix
concrete plant, portable concrete & asphalt recycle plant from Plant
Site. Elimination of interplant haul.
Interplant Haul Via Friant Road Existing = 1.4 MT/yr; Stage 1 = 0.7 MT/yr; Stage 2 = None
Estimated Aggregate Reserves Volume Plant Site: 12 MT
Quarry Site: 215 MT
Estimated Total Sales 195 MT
Estimated Maximum Annual Processed Aggregate
Volume (including waste/fines) 3.3 MT
Estimated Maximum Annual Aggregate Sales
Volume2 (excluding waste/fines) 3.0 MT
Estimated Annual Sales Per Plant at Total 3.0 MT 3 Stage 1 – Combined from both Sites Stage 2 – Quarry Site Only
Aggregate2 3,000,000 Tons 3,000,000 Tons
Hot Mix Asphalt 500,000 Tons 500,000 Tons
Ready-Mix Concrete 300,000 Cubic Yards 300,000 Cubic Yards
Concrete and Asphalt Recycling 200,000 Tons 200,000 Tons
Depth to Groundwater Plant Site: 21-34 feet bgs (current surface)
Quarry Site: 15-36 feet bgs (current surface)
Reclamation End Uses: Open Space, Riparian and
Open Water Habitat4
Plant Site: Approximately 122 acres
Quarry Site: Approximately 349 acres
Project Life Plant Site: Up to 30 Years
Quarry Site: Up to 100 Years
1. All values are approximate
2.Includes sales to on-site asphalt and ready-mix concrete plants
3. Typical mix of products. Actual sales mix will vary based on demand.
4. Actual final reclamation and areal extent at each site will depend on the volume and availability of overburden and process fines suitable
for use as fill occurring on site.
2. Objectives of Project
The following are objectives for this Modification Project:
a. Continue to provide a reliable and sustainable, local source of high quality aggregate to help meet the
current and long-term demand (100 years) for construction materials in the Fresno Region;
b. Continue to utilize aggregate reserves from property designated by the state and county as MRZ-2
(Mineral Resource Zone containing mineral resources of regional significance, i.e. sand and gravel);
c. Continue to utilize high quality aggregate resources that meet the California Department of
Transportation’s specifications for use in Portland Cement Concrete (PCC) and Asphaltic Concrete
(AC) which aggregate is important for quality infrastructure growth and maintenance because of its
versatility, value, and relative scarcity;
d. Maintain a local source of construction aggregate with enough annual sales capacity (3.0 million tons)
to encourage a healthy competitive market;
e. Continue to provide aggregate resources with access to an efficient local road network;
f. Continue to provide an environmentally sound project that would balance the recovery of the
aggregate resource with the protection of other resources including wildlife habitat, groundwater,
surface water, and air quality;
g. Continue to provide local quality jobs, while also benefiting local downstream businesses and
creating an enhanced tax revenue to the county; and
h. Reclaim both sites consistent with the San Joaquin River Parkway Master Plan.
3. Background
As discussed above, mining operations between the two sites have been continuous for 106 years (1913-
2019). Since 1960 various CUPs have been issued bt Fresno County for the two sites. Table 2 Summary
of Conditional Use Permits lists the date the various CUPs were issued and describes the locations and
actions approved. Exhibit B shows the locations of the various CUPs. Attachment A contains the
Conditions of Approval for the various CUPs.
In 1960, CUP 367 was approved to allow sand and gravel excavation and processing operations including
washing, screening, and grading and a batch plant on the two, non-contiguous areas, the Ball Ranch,
which included the Plant Site, and the Quarry Site totaling approximately 850 acres. Processing of
materials from the Quarry Site was allowed at the processing plant located on the Ball Ranch.
On June 6, 1984, Conditional Use Permit 2032 was approved to allow a rock, sand, and gravel operation
on an additional 147 acres, located adjacent to the Quarry Site approved under CUP 367. In 1985, CUP
367 was revised under the terms of a settlement with the County of Fresno, which limited the processing
plant, asphalt and concrete batch plant operations, and excavation activities to 20 years (or until the year
2005). Conditions of approval also limited processing of material to that which was extracted from
properties permitted under CUP 367 and 2032.
In 1986, Conditional Use Permit 2209 was approved extending the operating hours of the ready-mix
concrete plant located on the Ball Ranch.
On July 28, 1987 CUP 2235 was approved to allow the excavation of rock, sand, and gravel with
incidental gold recovery on an approximate 251-acre parcel (Beck Ranch) located north of the Quarry
Site approved under CUP 367. In addition, CUP 2241was approved which allowed materials from the
Beck Ranch as part of CUP 2235, to be processed at the processing plant located on the Ball Ranch as
approved through CUP 367. As part of the approval of CUPs 2235 and 2241 an environmental impact
report associated with those permits was certified. Conditions of approval of the permits limited the life of
the mining operation to 18 years from the date of approval (CUPs would expire on July 28, 2005).
Conditions of approval also limited the mining and processing to 180 truckloads per day.
CUPs 3063 and 3064 were approved on September 25, 2003, for an 18-year time extension to 2023 for
the existing mining and processing operations.
CUPs Nos. 3093 and 3094 were approved on October 21, 2004 increasing the daily limit on mining and
processing from 180 truckloads per day to 225 truckloads per day (i.e. 5,625 tons per day or
approximately 1.4 million tons (MT) per year based on 250 working days per year).
All operations under CUPs 223, 2241, 3064 and 3094 relating to the 251-acre Beck Ranch, were
completed in 2009 and final inspection was completed in 2014.
Table 2
Summary of Conditional Use Permits
CUP
No.
Approval
Date Acres Properties Description
367 9/7/60 850 Ball Ranch & Quarry
Site CUP for existing operations at Ball Ranch (530 ac) +
Addition of 320 ac at Quarry Site.
2032 6/7/84 147 Quarry site Addition to Quarry Site SW of CUP 367
367 &
2032 1/8/85 Ball Ranch & Quarry
Site
Settlement Agreement with Fresno County confirming
validity of CUP 367.
2209 6/10/86 Plant Site Extended operating hours.
2235 7/28/87 251 Beck Ranch
Add mining site immediately north of Quarry Site.
(Beck Ranch was mined out and reclaimed in 2009.)
2241 7/28/87 Plant Site
Allow rock mined from Beck to be processed at Plant
Site. (Beck Ranch was mined out and reclaimed in
2009.)
3063 9/25/03 Quarry & Plant Site Extend expiration date to 2023 for CUPs 367, 2032 &
2241
3064 9/25/03 Beck Ranch
Extend expiration date to 2023 for CUP 2235. (Beck
Ranch was mined out and reclaimed in 2009.)
3093 10/21/04 Quarry & Plant Site Amend CUPs 367, 2032, 2241 & 3063 to increase loads
from 180/da to 225/da.
3094 10/21/04 Beck Ranch
Amend CUPs 2235 & 3064 (Beck) to increase loads
from 180/da to 225/da. (Beck Ranch was mined out and
reclaimed in 2009.)
In 2000, the California Department of Fish and Game [now California Department of Fish and Wildlife
(CDFW)] acquired the south half of the Ball Ranch surrounding the area where the mining and processing
operations were located, including property that was part of the on-going processing operations for many
decades. The bulk of the mining and processing operations property, 122 acres (the Plant Site), remained
under lease by the mining company with the Ball Family. Those processing operations on the property
acquired by CDFW along the fringes of the Plant Site to the north and west, approximately 6 acres, are
still utilized as part of the operations (Exhibit C Sheet 2). In March 2019, CEMEX acquired the Plant Site
from the Ball Family. CEMEX is currently in discussions with CDFW to acquire those portions on
CDFW property that are still utilized by CEMEX for its current operations.
4. Project Need and Economic Impact
The Project is in the Fresno Production-Consumption (P-C) Region, which services the needs of portions
of Central and Eastern Fresno County, including the Fresno Clovis Metropolitan Area, and portions of
Southern Madera County, as defined by the California State Department of Conservation’s California
Geological Survey (CGS) [Mineral Land Classification: Aggregate Materials in the Fresno Production-
Consumption Region, Special Report 158, Judy Wiedenheft Cole and David Fuller, California
Department of Conservation (DOC) and Division of Mines and Geology (DMG), 1986].
The CEMEX aggregate mining and processing facility is the last remaining such facility on the San
Joaquin River that is also in close proximity to the major Fresno Clovis aggregate market. The Vulcan
Materials Company’s (Vulcan) River Rock facility located along the San Joaquin River on Old Friant
Road ceased production in 2017. The other aggregate producers in Fresno County are located along the
Kings River, east of Sanger, and near Coalinga in western Fresno County.
Currently there are only three active aggregate mining and processing facilities within the Fresno P-C
Region -Vulcan’s Sanger plant (2.5 MT/yr permitted), Calaveras’ Kings River plant (1.0 MT/yr
permitted) and CEMEX’s Rockfield plant (1.4 MT/yr permitted) - for a total permitted production
capacity of 4.9 MT/yr within the Fresno P-C Region. If Rockfield’s current permits are allowed to expire
in 2023, there would only be 3.5 MT/yr of permitted, active production capacity remaining within the
Fresno P-C Region or 2.6 MT/yr less than the 50-year demand of 6.1 MT/yr.
The distance between aggregate sources and the aggregate market is critical to end-user aggregate cost
because transportation is a major component in the cost of aggregate to the consumer. Aggregate is a low-
unit-value, high-bulk-weight commodity, and it must be obtained from nearby sources to minimize both
the dollar cost to the aggregate consumer and to minimize other environmental and economic costs
associated with transportation. If nearby sources do not exist, the transportation costs will significantly
increase the cost of the aggregate, and the environmental impacts due to transportation will increase as
well. Transporting aggregate from distant sources results in societal impacts from increased fuel
consumption, air pollution, traffic congestion, and road maintenance. Moreover, transportation cost is the
principal constraint defining the market area for an aggregate mining operation. (Summarized from “Map
Sheet 52, Aggregate Sustainability in California 2018”, California Geological Survey, Department of
Conservation).
There are currently 55, well-paid, full-time employees at the Rockfield facility. In addition, there are 15
employees at CEMEX’s administrative office in Fresno and 22 employees at CEMEX’s concrete plant in
South Fresno. Approval of the Project would allow the continued employment of 92 well-paid, full-time
employees and an estimated 5 additional employees. The project has a multiplier effect and thereby
creates many more local jobs as well.
Sand and gravel commodities support the local building sector as well as provide needed materials for
new road construction and reconstruction activities. As noted in the Fresno County General Plan, Fresno
County has been a leading producer of minerals because of the abundance and wide variety of mineral
resources that are present in the county. Aggregate and petroleum are considered the county's most
significant extractive mineral resources and represent a significant economic commodity. The Project is
consistent with the economic policies of the General Plan, which place emphasis on coordination of
economic development resources and business retention.
5. Zoning and Land Use
In 1986, the State of California included both the Plant Site and Quarry Site in the classification of the
aggregate resources in San Joaquin River area as Mineral Resource Zone 2 (MRZ-2) [Mineral Land
Classification: Aggregate Materials in the Fresno Production-Consumption Region, Special Report 158,
Judy Wiedenheft Cole and David Fuller, California Department of Conservation (DOC) and Division of
Mines and Geology (DMG), 1986]. Fresno County incorporated the MRZ-2 classification into the
Mineral Resources Unit of the Open Space/Conservation Element of the General Plan in 1987.
In 1988, the State included both the Plant Site and Quarry Site as part of the lands designated as having
construction grade aggregate deposits that are of regional significance (Designation of Regionally
Significant Construction Aggregate Resources in the Fresno Production Consumption Region, SMARA
Designation Report #8, DOC and DMG, July 1988). SMARA requires that a lead agency’s land-use
decisions involving the designated area be made in accordance with its mineral resource management
policies, and that the lead agency consider the importance of the mineral resource to the region as a whole
and not just the lead agency’s area of jurisdiction.
The Plant Site and Quarry Site are zoned “AE-20” Exclusive Agriculture, 20-acre minimum parcel size.
Surface mining operations and related facilities and activities are permitted in the AE-20 district subject
to a CUP and the provisions of Section 858 of the Fresno County Zoning Ordinance (FCZO). The
existing surface mining operations and related facilities and activities are subject to existing CUPs, and
the proposed Project surface mining operations and related facilities and activities will be subject to a
CUP or CUPs and are therefore consistent with the AE-20 zoning.
The Plant Site is bounded on the north, west and south by lands that were part of the former Ball Ranch
most of which was previously mined for aggregate. The San Joaquin River is located approximately 0.6
miles west of the Plant Site (Exhibit B). Little Dry Creek, a tributary of the San Joaquin River, is located
approximately 500 feet north of the Plant Site.
Most of the property north of the Plant Site and generally north of Little Dry Creek is now the Ball Ranch
Nature Reserve owned by the San Joaquin River Conservancy (SJRC). The property north of the Plant
Site and generally south of Little Dry Creek and the property west and south of the Plant Site is now the
Willow Unit Ecological Reserve owned by California Department of Fish and Wildlife (CDFW). As
previously indicated, when CDFW acquired the Willow Unit in the year 2000, the property CDFW
acquired included some property that was part of the on-going processing operations for many decades.
The bulk of the mining and processing operations property, 122 acres (the Plant Site), remained under
lease with the Ball Family. Those processing operations on the property acquired by CDFW along the
fringes of the Plant Site to the north and west, consisting of approximately 6 acres, were allowed to
continue and are still utilized as part of the operations. In March 2019 CEMEX acquired the Plant Site
from the Ball Family. CEMEX is currently in discussions with CDFW to acquire those portions on
CDFW property that are still utilized by CEMEX for its current operations.
There are several 20-acre farming parcels and other farmland south of the CDFW property. The land east
of Friant Road is primarily open grazing land with several 8 to10-acre rural residential homesites to the
southeast.
The Quarry Site is bounded on the north by Lost Lake County Park, and to the northwest by lands that
were previously mined for aggregate between the park and Friant Road (Exhibit B). The property north of
the center of the Quarry Site, reclaimed as open space, ponds and riparian habitat, is now the Beck Ranch
Natural Reserve owned by the SJRC. The property north of the northeast portion of the Quarry Site was
reclaimed as farmland and open space, ponds and riparian habitat. The San Joaquin River flows along the
west side of the Quarry Site. Across the river to the west in Madera County, there is farmland to the
northwest and homesites to the southwest on the bluffs overlooking the Quarry Site. The Ledger Island
Natural Reserve, land previously mined for aggregate which is now owned by SJRC, is located across the
river to the southwest of the Quarry Site. To the south there is a homesite, farmland and a winery/farmers
market. East of Friant Road there are rural residential homesites to the northeast overlooking the Quarry
Site. Rural residential homesites are located at the base of the foothills southeast of the entrance road to
the Quarry Site. All the rest of the area to the east is currently open grazing land.
6. Nature of Operations
As previously discussed, the Modification Project would occur in two stages (see Section 1). Existing
conditions at the Plant Site and Quarry Site are shown on Exhibit C Sheet 2, Plant Site Existing
Conditions and Exhibit C Sheet 3, Quarry Site Existing Conditions.
A. Mine Plans
At the Plant Site as previously described, portions of the processing operations, consisting of
approximately 6 acres, were included in the property acquired in 2000 by CDFW along the fringes of the
Plant Site to the north and west. Processing operations on these properties acquired by CDFW are still
utilized as part of the operations. Since CEMEX does not own those portions, those portions are not
included in the Plant Site Project boundaries (Exhibit C Sheet 4, Plant Site Project Site Plan). CEMEX is
currently in discussions with CDFW to acquire those portions that are on CDFW property that are still
utilized by CEMEX for its current operations. In the event such properties are acquired by CEMEX, such
properties would be subject to the conditions of the approved CUP, mitigation measures and reclamation
plan.
The Plant Site Mine Plan (Exhibit C Sheet 5, Plant Site Mine Plan) is designed to avoid the existing
riparian forest community on the north edge of the Plant Site. The following mining setbacks required
under the existing CUPs will remain the same:
1. 50-feet from the public right-of-way;
2. 25-feet from other property lines; and
3. No stockpiled soil or material will be placed closer than 25 feet from any property boundary
except visual/sound berms.
The Plant Site will be mined in six (6) phases as shown on the Exhibit 5. The remaining alluvial deposit
would be mined vertically to a depth of approximately 85 feet bgs. Mining operations will be initiated by
the removal of any vegetation and overburden materials (such as subsoils or clays) that lie above the sand
and gravel deposits using conventional mining equipment including, but not limited to scrapers,
bulldozers, and excavators/front-end loaders with haul trucks. Topsoil will be removed separately and
stored in clearly labeled stockpiles for later use as the final cover in reclamation. The other overlying
materials (overburden) and fines recovered from the aggregate processing will either be directly placed to
reconstruct slopes or as fill in the bottom of the excavation or stockpiled for later use in reclamation (See
Section 6B below).
Aggregate will be excavated using conventional mining equipment such as front-end loaders, excavators,
and bulldozers and then loaded onto haul trucks for transport to the processing plant. When groundwater
is reached, dewatering will be implemented. Water pumped from pit areas will be pumped into perimeter,
groundwater recharge ditches.
The Quarry Site mine plan (Exhibit C Sheet 6, Quarry Site Mine Plan) is designed to continue avoidance
of the riparian corridor along the San Joaquin River established by the existing CUPs, including the 200-
foot setback from the river edge and avoidance of specified native trees. The following mining setbacks
required under the existing CUPs will remain the same:
1. 200-foot mining setback from the river edge;
2. Continued avoidance of specified native trees;
3. 250-foot radius mining setback from the residence just south of the southwest corner;
4. 75-foot mining setback from south boundary between the 250 feet from the southwest corner and
350-feet from Friant Road right-of-way;
5. 50-feet mining setback from the Friant Road right-of-way;
6. 25-feet mining setback from other property lines; and
7. No stockpiled soil or material will be placed closer than 25 feet from any property boundary
except visual/sound berms.
The Quarry Site will be mined in five (5) phases as shown on the Mine Plan. For any areas not mined
under the existing CUPs mining operations will be initiated by the removal of any vegetation and
overburden materials (such as subsoils or clays) that lie above the sand and gravel deposits using
conventional mining equipment including, but not limited to scrapers, bulldozers, and excavators/front-
end loaders with haul trucks. Topsoil will be removed separately and stored in clearly labeled stockpiles
for later use as the final cover in reclamation. The overburden and fines recovered from the aggregate
processing will either be directly placed to reconstruct slopes or stockpiled for later use in reclamation
(See Section 6B below).
Any remaining alluvial aggregate will be excavated using conventional mining equipment such as front-
end loaders, excavators, and bulldozers and then loaded onto haul trucks for transport to the processing
plant. The hardrock will be mined in approximately 50-foot benches by drilling and blasting of the
hardrock material to a depth of approximately 600-feet bgs. If necessary, secondary breakage of oversize
material within the quarry will be accomplished by conventional methods including, but not limited to,
drop ball or hydraulic breaker.
Initially, the shot quarry rock will be loaded into haul trucks by excavators or front-end loaders and
transported to the processing plant where the rock will be further crushed, screened, rinsed and sorted.
As mining progresses deeper, a primary crusher will be located in the pit and pit material will be
transported to the processing facility by means of a conveyor system.
B. Reclamation Plans
As previously described, the Plant Site will be mined in six (6) phases (Exhibit C Sheet 5) creating a
single excavation with an approximately 95-acre pond created from groundwater and rainfall in the
reclaimed excavation bottom (Exhibit C Sheet 7, Plant Site Reclamation Plan). Upon completion of
mining at the Plant Site, operations at the Plant Site would cease, all equipment would be removed, and
the site reclaimed as 122 acres of open space, riparian and open water wildlife habitat that complement
and enhance goals the San Joaquin River Parkway Master Plan. Slopes surrounding the approximately 95-
acre reclaimed pond will be seeded with native grasses and forbs and planted with native plants.
As previously described, the Quarry Site will be mined in five (5) phases (Exhibit C Sheet 6) creating a
single excavation with an approximately 110-acre pond created from groundwater and rainfall in the
excavation bottom (Exhibit C Sheet 8 Quarry Site Reclamation Plan).Upon completion of mining at the
Quarry Site, operations would cease, all equipment would be removed, and the site reclaimed to
approximately 349 acres of open space, riparian and open water wildlife habitat that complement and
enhance goals the San Joaquin River Parkway Master Plan. Slopes (alluvial and weathered granite) above
the hardrock benches will be seeded with native grasses and forbs. .
7. Operational Time Limits
The permitted hours of operation under the existing CUPSs are shown on Table 3.
Table 3
Existing Permitted Hours of Operations
Activity Typical Hours and Days
Plant Site
Excavation 6:00 a.m. to 6:00 p.m., Monday through Friday
Asphalt Batch Plant 6:00 a.m. to 6:00 p.m., Monday through Friday
Concrete Batch Plant 4:00 a.m. to 6:00 p.m., Monday through Friday (May
through October)
5:30 a.m. to 6:00 p.m., Monday through Friday
(November through April)
6:00 a.m. to 1:00 p.m., Saturday (All year)
In the event of any emergency as determined by a governmental body or agency, excavation and processing may
proceed as needed notwithstanding the aforesaid.
Quarry Site
Excavation 7:00 a.m. to 4:30 p.m., Monday through Friday
Routine maintenance of excavation equipment 7:00 a.m. to 8:00 p.m., Monday through Sunday
The proposed typical hours and days of operation are shown on Table 4.
Table 4
Proposed Typical Hours and Days of Operation
Activity Typical Hours and Days1,2
Excavation, Aggregate & Recycle Processing 6:00 am - 7:00 pm, Weekdays
Loading, Unloading & Aggregate Trucking3 4:00 am - 9:00 pm, Weekdays
Asphalt and Ready-Mixed Concrete Plants4
4:00 am-6:00 pm, Weekdays, May-Oct
5:30 am-6:00 pm, Weekdays, Nov-Apr
6:00 am-2:00 pm, Saturdays
1 Maintenance of mobile and plant equipment extend beyond these hours.
2 Continuous 24 hours a day operations may be required for major public road projects that are required to be completed during night hours or
on weekends to avoid traffic conflicts or during periods of public emergency affecting the health and safety of the community.
3 Major public road projects may be required to be completed during night hours or on weekends to avoid traffic conflicts. Such projects may
require loading operations beyond the hours and days of operation shown.
4. Asphaltic oil, cement, propane and other supplies may be delivered during nighttime hours.
8. Number of Customers or Visitors
The existing CUPs permit an interplant haul of up to 225 truckloads per day (or 450 truck trips per day)
of raw mined aggregate weekdays via the approximately two-mile route on Friant Road between the
Quarry Site and the Plant Site. The aggregate plant currently sells up to1.4 million tons of aggregate per
year of construction material products to the Fresno P-C Region.
Friant Road has been expanded significantly since modifications to the CUPs were approved in 2004
(increasing truck loads from the quarry from 185 loads /day to 225 loads/day). Expansion of Friant Road
from two lanes to four lanes (two lanes both directions) from the town of Friant on the north to Copper
Avenue on the south thereby doubling the capacity of Friant Road was completed in 2008.
A traffic study prepared for the project details existing traffic and projected traffic impacts (Traffic Impact
Study, Proposed CEMEX Rockfield Project, Fresno County, California, Peters Engineering Group,
November 2019). The existing and estimated Project vehicle trips (one-way trips) are shown on Table 5.
Table 5
Existing and Estimated Project Trip1 Generation
Description Employees
Interplant
Truck Haul
All Other
Trucks
Total Annual
Average Daily
Truck Trips
Existing 110 450 240 690
Project Stage 1 at 2.0 MTY (5 yrs) 114 134 560 694
Project Stage 1 at 3.0 MTY (10-30 yrs) 120 216 860 1,076
Project Stage 2 - 3.0 MTY (30-100 yrs) 120 0 944 944
1. One-way trips
9. Number of Employees
There are currently 55 employees at the combined operations at the Plant Site and Quarry Site. An
estimated 60 employees will be employed at full operation of the Project. In addition, there are 22
employees at CEMEX’s concrete plant in South Fresno which is supplied with aggregate products
produced at the Plant Site, and 15 employees at CEMEX’s administrative office in Fresno. Approval of
the Project would allow the continued employment of 92 full time employees and an estimated 5
additional employees.
10. Access to the Site
Access to the Plant and Quarry Sites will continue to be from Friant Road designated in the Fresno
County General Plan as an expressway. Friant Road is a four lane divided road with a speed limit of 65
mile per hour (mph) in the vicinity of the Project sites. There are existing southbound acceleration lanes
and northbound left-hand turn pockets adequate to handle truck traffic at both the Plant Site and Quarry
Site access roads.
11. Service and Delivery Vehicles
See Table 5.
12. Parking
At the Plant Site on-site parking exists for employees, customers, service/delivery vehicles and concrete
mixers (Exhibit C Sheet 2). The proposed, approximately 42-acre plant site at the Quarry Site will have
sufficient on-site parking for employees, customers, service/delivery vehicles and concrete mixers
(Exhibit C Sheet 6).
13. Goods Produced or Sold On-Site.
At the Plant Site, construction aggregates (rock, sand and gravel) products produced by the existing
aggregate processing plant are stockpiled and sold to the on-site ready-mix concrete plant and asphalt
plant or sold to outside customers. Ready-mix concrete and asphalt are then sold to customers from the
Plant Site. A portable plant is brought in periodically to recycle come-back concrete (unused concrete in
mixer upon return to plant) into CMB which is then sold.
During Stage 1, aggregate mined from the Plant Site will be processed at the existing aggregate plant and
sold and ready-mix concrete will continue to be sold. The existing, inactive asphalt plant will be replaced
by a modern asphalt plant and asphalt sales will resume. The import of concrete and asphalt debris to
recycle into CMB and RAP would be added to the Plant Site. CMB would be sold and RAP would be
used in asphalt production.
At the Quarry Site, since there is no processing plant, mined aggregate is currently trucked via an
interplant haul to the Plant Site for processing. During Stage 1, an aggregate processing plant would be
added to the Quarry Site to wash, screen, crush and sort the aggregate mined from the Quarry Site. Those
aggregate products produced at the Quarry Site aggregate plant for the asphalt and ready mix plants
would be transported approximately 2 miles south to the Plant Site via an interplant haul on Friant Road
in the same manner as raw aggregate is currently being transported from the Quarry Site to the Plant Site
for the existing operations. Aggregate products produced at the Quarry site, not used by the asphalt and
ready-mix plants at the Plant Site, would be sold directly from the quarry.
During Stage 2, the ready-mix concrete plant and the hot-mix asphalt plant would be relocated from the
Plant Site to the Quarry Site and ready-mix concrete and asphalt would be produced and sold. The
periodic use of a portable plant to recycle concrete and asphalt debris (including imported) into CMB and
RAP would be added to the Quarry Site. CMB would be sold and RAP would be used in asphalt
production.
14. Equipment
Plant Site
Existing equipment and supporting facilities for the existing aggregate plant include: front-end loaders;
water truck; conveyors; screens; screening towers; crushers; washers; sand cyclones; sand screws;
sand/aggregate truck loadout bins; pollution control equipment; dewatering equipment and tanks; recycle
water pumps; computer control tower; a maintenance shop; quality control lab; fuel tanks; and other
accessory equipment and buildings.
Existing equipment and supporting facilities for the ready-mix concrete plant include: front-end loaders;
concrete mixer trucks; ground aggregate storage bins; conveyors; batch plant; cement silos; pollution
control equipment; storage buildings; mixer truck maintenance shop; batch office; and other accessory
equipment.
Existing equipment and supporting facilities for the inactive, disel-powered asphalt plant include:
aggregate storage bunkers; diesel fuel tanks; conveyors; elevators; burner/dryer; storage silos; dust silo;
pollution control equipment; storage tanks; control tower; maintenance shop; and other accessory
equipment.
Equipment for the diesel powered, portable recycle plant used periodically includes front-loaders,
crushers, screens and conveyors.
Removal of material, including topsoil, overburden and aggregate, is accomplished primarily with
scrapers with the use of water trucks to minimize dust. Mining equipment includes an excavator, grader,
water truck and periodic use of scrapers. Trucks haul mined material to the aggregate plant.
Aggregate and asphalt products are hauled off-site by trucking firms. In addition to CEMEX’s concrete
mixer trucks other concrete companies can purchase ready-mix concrete and transport it in their own
trucks. Trucking firms import cement, asphaltic oil, fuel and construction materials needed to supply the
asphalt and ready-mix concrete plants. Concrete and asphalt pavement from construction demolition or
road rebuilding sites will be imported to the site by trucking firms for recycling.
Quarry Site
Existing equipment to mine the alluvial deposit includes an excavator, grader, water truck and periodic
use of scrapers. The interplant haul is done by trucking firms.
Mining equipment to mine the hard rock will include a drill rig and truck with blasting supplies. If
encountered, secondary breakage of oversize material within the quarry will be accomplished by
conventional methods including, but not limited to, drop ball or hydraulic breaker. Initially, the shot
quarry rock will be loaded into haul trucks by excavators or front-end loaders and transported to the
processing plant where the rock will be further crushed, screened, rinsed and sorted. As mining progresses
deeper, a primary crusher will be located in the pit and pit material will be transported to the processing
facility by means of a conveyor system.
Equipment and supporting facilities for the new aggregate plant include: front-end loaders; water truck;
conveyors; screens; screening towers; crushers; washers; sand cyclones; sand screws; sand/aggregate
truck loadout bins; pollution control equipment; dewatering equipment and tanks; recycle water pumps;
computer control tower;, a maintenance shop; quality control lab; fuel tanks; and other accessory
equipment and buildings.
Equipment and supporting facilities for the ready-mix concrete plant when it is relocated to the Quarry
Site will include: front-end loaders; concrete mixer trucks; ground aggregate storage bins; conveyors;
batch plant; cement silos; pollution control equipment; storage buildings; mixer truck maintenance shop;
batch office; and other accessory equipment.
Equipment and supporting facilities for the asphalt plant when it is relocated to the Quarry Site will
include: aggregate storage bunkers; conveyors, elevators; burner/dryer; storage silos; dust silo; pollution
control equipment; storage tanks; control tower; maintenance shop; and other accessory equipment.
Equipment for the diesel powered, portable recycle plant when periodically used will include, but will not
be limited to: front-loaders; crushers; screens; and conveyors.
Equipment for the electric-powered, portable aggregate plant if used initially and when the plant site is
mined (Phase 5) will include, but will not be limited to: front-loaders; crushers; screens; sand screws; and
conveyors.
During Stage 1, aggregate products for use at the asphalt plant and ready-mix concrete plants will be
hauled to the Plant Site by trucking firms. Other aggregate products will be hauled off-site by trucking
firms. During Stage 2, when the asphalt plant the ready-mix concrete plant are relocated from the Plant
Site, , asphalt products will be hauled off-site by trucking firmsand ready-mix concrete will be hauled by
CEMEX’s mixer trucks. Other concrete firms may also purchase ready-mix concrete and transport it in
their own trucks. Trucking firms will import cement, asphaltic oil, fuel and construction materials needed
to supply the asphalt and ready-mix concrete plants. Concrete and asphalt pavement from construction
demolition or road rebuilding sites will be imported to the site by trucking firms for recycling.
15. Supplies or Materials Used or Stored
At the Plant Site construction aggregates produced by the aggregate processing plant are stockpiled on -
site. Cement for use in producing ready-mix concrete is delivered and stored in cement silos at the
concrete plant. Asphaltic oil for use by the currently inactive, diesel-powered asphalt plant and for the
new asphalt plant to produce asphalt was and will be delivered and stored in tanks in containment. Diesel
fuel for the currently inactive asphalt plant was delivered and stored in tanks in containment. When the
asphalt plant is replaced by a modern plant, propane may be used as fuel until natural gas is available.
Diesel fuel for use by mobile equipment is delivered and stored in a tank in containment. Gasoline for use
by the plant pickup trucks is delivered and stored in a tank in containment. Products needed to service the
mobile equipment such as gear and lube oil, transmission fluid and various other products are delivered
and stored at or near the maintenance shops. Wastes from the facility are stored in designated containers
adjacent to the shop in the containment area and/or within the shops are recycled or disposed of in
accordance with local, state and federal safety regulations. All materials are stored in accordance with a
Hazardous Materials Business Plan and a Spill Prevention Control and Countermeasure Plan.
At the Quarry Site, since there is currently no processing equipment, no materials are stored on-site.
Under the proposed Project, construction aggregates (rock, sand and gravel) produced by the new
aggregate processing plant will be stockpiled near the processing plant. When the asphalt plant is
relocated from the Plant Site propane may be delivered and used as fuel until natural gas is available.
Asphaltic oil for use by the asphalt plant to produce asphalt will be delivered and stored in silos or tanks
in containment. When the ready-mix concrete plant is relocated from the Plant Site cement will be
delivered and stored in cement silos at the concrete plant. Diesel fuel for use by mobile equipment will be
delivered and stored in a tank in containment. Gasoline for use by the plant pickup trucks will be
delivered and stored in a tank in containment. Products needed to service the mobile equipment such as
gear and lube oil, transmission fluid and various other products will be delivered and stored at or near the
maintenance shops. Wastes from the facility will be stored in designated containers adjacent to the shop
in the containment area and/or within the shops and disposed of in accordance with local, state and federal
safety regulations. All materials will be stored in accordance with a Hazardous Materials Business Plan
and a Spill Prevention Control and Countermeasure Plan.
16. Appearance, Noise, Glare, Dust and Air Quality or Odor
A. Appearance
The Visual Impact Assessment for CEMEX Rockfield Modification Project, Sespe, dated November 8,
2019, conducted for the Project compared the existing (baseline) visual conditions to the proposed Project
visual conditions (Attachment B, Existing Conditions Photos). The study made the following findings
with respect to visual impact:
1. The Project would not have a substantial adverse effect on scenic vistas and public viewpoints
surrounding the Project site;
2. The Project would not substantially damage scenic resources within a State scenic highway;
3. The Project would not substantially degrade the existing visual character of the Project site or
surrounding areas, or conflict with any applicable policies or plans meant to protect scenic
resources; and
4. The Project would not substantially degrade the existing visual character of the Project site or
surrounding areas.
B. Noise and Vibration
The Environmental Noise and Vibration Assessment, CEMEX Rockfield Modification Project, Fresno
County, California, Bollard Acoustical Consultants, dated November 15 2019, completed for the Project
included an evaluation of existing (baseline) noise and vibration levels at the nearest sensitive receptors to
both the Plant and Quarry Sites, as well baseline noise environments at sensitive receptor locations along
the roadways to be utilized by project truck traffic. The study then estimated the noise and vibration levels
from the increase in activities and equipment proposed by the Project.
For the Plant Site, the results of the noise analysis concluded that the Project’s noise generation would be
below the applicable noise thresholds at the closest residences.
For Quarry Site the results of the noise analysis concluded that Project noise generated within the Quarry
Site could exceed applicable noise standards. Noise mitigation measures were provided where such
exceedances were identified which would reduce impacts to less than significant with mitigation.
The noise analysis also concluded that project-generated heavy truck traffic will not result in a substantial
increase in traffic noise levels at existing sensitive receptors located adjacent to the roadways which will
typically be utilized by project heavy truck traffic.
The results of the vibration analysis concluded that the project’s vibration generation would be well
below thresholds for annoyance and damage to residential structures at the nearest sensitive receptors.
This includes vibration generated by both blasting (Blast Impact Analysis CEMEX Rockfield Quarry,
Fresno, California, Vibra-Tech, September 2019) and vibration generated by heavy earthmoving
equipment.
C. Glare
At the Plant Site, there is existing nighttime lighting required to provide a safe working environment. No
new nighttime lighting is anticipated.
At the Quarry Site, new nighttime lighting fixtures would be required. Mining operations would occur
primarily during daylight hours, however, some operations may occur during nighttime hours. For
operations during the time of year when daylight hours are shorter, or during any nighttime operations,
lighting would be required to provide a safe working environment. High pressure sodium and/or cut‐off
fixtures (or equivalent IDA‐approved fixtures) would be used instead of mercury‐vapor fixtures for any
required nighttime lighting. The lighting has been designed to confine illumination to the Project sites
and/or to areas that do not include light‐sensitive uses. The Visual Impact Assessment, Sespe, determined
that by employing minimal nighttime lighting fixtures and utilizing the proposed lighting and design
features (i.e., downcast lights, high pressure sodium, etc.), the Project would have a less than significant
impact associated with light and glare.
D. Dust and Air Quality
At the Plant Site the aggregate plant and ready-mix plant have current Permits to Operate (PTO) from San
Joaquin Valley Air Pollution Control District (SJVAPCD). An Authority to Construct (ATC) for the new
modern asphalt plant to replace the existing asphalt plant will be obtained from the SJVAPCD. The
portable recycle plant brought in periodically to recycle concrete and asphalt operates under a portable
PTO.
The facility complies with the SJVAPCD Regulation VIII, “Fugitive PM10 Prohibition”. A water truck is
used to control dust on the facilities unpaved and paved roads. A street sweeper is used to control dust and
track out at the plant entrance.
At the Quarry Site, the operation complies with the SJVAPCD Regulation VIII. A water truck is used to
control dust on the facilities unpaved and paved roads. A street sweeper is used to control dust and track
out at the quarry entrance. An ATC will be obtained from the SJVAPCD for the new aggregate plant.
ATCs will be obtained for the ready-mix concrete plant and the asphalt plant when they are relocated
from the Plant Site.
The Air Quality, Health Risk, and Climate Change Impact Assessment (Sespe, December 2019)
conducted for the Project made the following findings with respect to Air Quality and Greenhouse Gasses
(GHG):
1. The Project would not conflict with or obstruct implementation of any applicable air quality plan;
potential conflicts with applicable air quality plans have been analyzed and ruled out;
2. The project would not result in a cumulatively considerable net increase of any criteria pollutant
for which the Project region is non‐attainment under an applicable Federal or State ambient air
quality standard;
3. The Project would not expose sensitive receptors to substantial pollutant concentrations provided
mitigations and refinements are implemented;
4. The Project would not result in other emissions (such as those leading to odors) adversely
affecting a substantial number of people;
5. The Project would not generate GHG emissions, either directly or indirectly, that may have a
significant impact on the environment; and
6. The Project would not conflict with an applicable plan, policy or regulation adopted for the
purpose of reducing the emissions of GHGs. Potential conflicts with applicable air quality plans
have been analyzed and ruled out
E. Odor
Refer to 16.D.4 above.
17. Solid or Liquid Wastes
At the Plant Site, domestic sewage will continue to be handled by conventional septic systems and
serviced as necessary by commercial septic services. Solid waste, e.g. parts packaging, paper, etc., will
continue to be deposited in dumpsters for pickup and disposal by a licensed solid waste disposal
company.
At the Quarry Site, domestic sewage will be handled by conventional septic systems and serviced as
necessary by commercial septic services. Solid waste, e.g. parts packaging, paper, etc., will be deposited
in dumpsters for pickup and disposal by a licensed solid waste disposal company.
18. Estimated Volume of Water Used
At the Plant Site, there are two (2) groundwater wells. In addition, four (4) groundwater monitoring wells
have been installed on the perimeter of the property. Groundwater levels from 2018 to 2019 ranged from
21-34 feet bgs (current surface).
The San Joaquin River is located approximately 0.6 miles to the west of the Plant Site. CEMEX has water
rights to use river water for industrial purposes in connection with the processing of rock, sand and
gravel. Water is diverted from the river to the Plant Site via a ditch and the water is then used to wash the
aggregate. After processing and cleaning the aggregate, water with fines washed from the aggregate is
sent to the silt ponds where the silts and fines are settled out. Water from the silt ponds is then recycled
back to the plant as process water and water from the river water is added as necessary. The water trucks
also use water recycled from the silt ponds to control dust on the haul roads at the plant site. Currently
approximately 386 acre-feet per year (af/y) of river water is consumed for aggregate processing. In
addition the silt ponds, serve as a source of recharge to the groundwater.
Approximately 36-af/y of groundwater from on-site wells is consumed by the ready-mix concrete
operations (35-af/y) and for domestic use (1-af/y), i.e. toilets, washing hands, etc.
Once the aggregate plant at the Quarry Site is in operation aggregate processing at the Plant Site will be
reduced by an estimated 80%. Total consumptive use of river water will be reduced to an estimated
102-af/y. The planned increase in concrete production will increase groundwater consumptive use to an
estimated 60-af/y.
At the Quarry Site, the San Joaquin River is located along the west side of the site. No surface water from
the river is used at the site. There are two (2) groundwater wells on site. In addition, fourteen (14)
groundwater monitoring wells have been installed around the property. Groundwater levels from 2017 to
2019 ranged from 15-36 feet bgs.
Groundwater and surface runoff from rainfall accumulates in ponded pits created from historic and
current mining and is pumped out to accommodate mining operations. Water is used by water trucks for
dust control, and is pumped to the existing groundwater recharge pond in the northeast corner of the site
or is pumped to existing groundwater recharge trenches along the western boundary of the site. Existing
total consumptive use is estimated to be 185-af/y.
The Project would deepen mining at the existing Quarry Site to include the hardrock and an aggregate
processing plant would be added to the Quarry Site. Surface runoff from rainfall and/or groundwater
encountered within the excavation will be pumped to the aggregate plant as process water to wash the
rock. Approximately 10 % of the process water will be retained by the aggregate products. Residual wash
water (approximately 90 %) will be sent to a silt pond to settle out silts. Water from the silt pond will then
be recycled back to the plant as process water. Additional water accumulated in the excavation will
continue to be used by water trucks for dust control, pumped to the existing groundwater recharge pond in
the northeast corner of the site and pumped to groundwater recharge trenches along the western
boundaries of the site. Approximately 57-af/y of groundwater from the existing well will be consumed
when the ready-mix concrete plant (56-af/y) is added to the site and for domestic use (1-af/y). When
sales reach 3.0 MT per year, total consumptive use of surface runoff from rainfall and groundwater
encountered within the excavation and groundwater pumped from wells will be an estimated 240-af/y.
19. Flood Potential Assessment
A summary of the results of the Hydraulic Analyses for the CEMEX Rockfield Modification Project,
Chang Consultants, dated November 18, 2019 is described below.
The San Joaquin River flows in a southerly direction approximately one half mile west of the Plant Site
and along the western boundary of the Quarry Site. The river has been mapped on the Federal Emergency
Management Agency’s (FEMA) Flood Insurance Rate Maps (FIRMs). Both a 100-year Zone AE (base
flood elevations determined) floodplain and regulatory floodway for the river are delineated on the
FIRMs.
At the Plant Site, the FIRM for the San Joaquin River regulatory floodway does not encroach the Plant
Site. Therefore, the Plant Site meets the local and federal floodway regulations. Little Dry Creek flows in
a westerly direction north of the Plant Site and confluences with the San Joaquin River approximately
one-half mile west of the Plant Site. FEMA’s San Joaquin River floodplain and FEMA’s Little Dry Creek
Zone A (no base flood elevations determined) floodplain encroach into portions of the Plant Site.
However, the November 2018 topographic mapping covering the Plant Site indicated that the topography
has changed in this area. An engineering assessment of the San Joaquin River and Little Dry Creek
floodplain impacts was conducted using the effective 100-year water surface elevations plotted on the
November 2018 topographic mapping. The updated San Joaquin River floodplain indicates the floodplain
does not encroach into the Plant Site.
At the Quarry Site, the FIRM for the San Joaquin River regulatory floodway does not encroach into the
Quarry Site. FEMA’s San Joaquin River floodplain does encroach into portions of the Quarry Site.
However, the November 2018 topographic mapping covering the Quarry Site indicated that the
topography has changed in this area. An updated existing condition 100-year HEC-RAS analysis was
prepared along the Quarry Site and was used to define the current floodplain and identify potential
impacts on the quarry. The existing condition analysis indicates that the current floodplain is significantly
different than FEMA’s FIRM floodplain in several areas. The analysis determined the existing condition
floodplain does not encroach the Quarry Site.
20. Slope Stability
For the Plant Site vertical cut slopes, to be reconstructed to 2:1 (h:v) fill, will be subject to a slope
stability study to confirm the final slope configurations will meet the minimum factor of safety.
For the Quarry Site Tetra Tech prepared the Geological and Geotechnical Assessment Report CEMEX
Rockfield Modification Project, dated April 2019. The study concluded that proposed mining slopes as
well as the final slopes are greater than the calculated static factors of safety and the proposed slopes are
therefore considered statically stable. Under the assumed groundwater conditions the pseudo-static factors
of safety are greater than the calculated pseudo-static factors of safety and the proposed slope
configurations are therefore the are considered seismically stable. The slope stability analyses were
performed based on “backcalculated” groundwater regime/pore pressure distribution within the slopes.
This “back-calculated” groundwater regime/pore pressure distribution will need to be verified either by
focused field investigations consisting of installation of piezometers and permeability packer tests prior to
the commencement of the mining operations, or by development of a mitigation plan combined with
implementation of a monitoring program during mining.
A slope stability analysis of the river embankment relating to potential blasting effects was also
conducted as described in Section 21 below.
21. Blasting
As previously discussed, mining the hardrock at the Quarry Site would require drilling and blasting. The
Blast Impact Analysis CEMEX Rockfield Quarry, dated April 2019, prepared by Vibra Tech, determined
that several different blast designs can be utilized, and based on the distance to the closest receptors, the
applicable vibration and/or air overpressure criteria will not be exceeded. The study concluded that
blasting at the Quarry Site can be utilized with no adverse effect on surrounding structures and residents
from ground or air vibrations. The study also included a slope stability analysis of the river embankment
and determined that the recommended vibration limit will result in no effects on the structural integrity of
the river embankment due to blast induced ground vibration. The study recommends ground vibration be
monitored with digital seismographs at the closest residential/commercial structures, the closest wells,
and at several locations along the crest of the East side of San Joaquin River embankment and that
necessary adjustments be made to the blast plan as blasting progresses.
22. Existing and Proposed Advertising
Existing company identification signs are located at the entrance roads to both the Plant Site and the
Quarry Site in accordance with County signage regulations.
23. Existing or New Buildings
At the Plant Site existing buildings include an aggregate processing plant, a ready-mix concrete plant, a
hot-mix asphalt plant and related supportive facilities. The existing asphalt plant would be replaced with a
modern plant.
At the Quarry Site an aggregate processing plant will be added (Attachment C, Elevations and Photos of
Proposed Plant Equipment). The plant will utilize crushing, screening and washing equipment to create
different construction grade products. Finished products will be stockpiled for later sale. Operation of the
plant will be controlled from a control room. A portable aggregate processing plant may be used initially
until the permanent plant is constructed and when the plant site (Phase 5) is mined as the last phase of the
project.
When the hot-mix asphalt plant is relocated from the Plant Site, it will utilize aggregate products from the
aggregate processing plant in a natural gas or propane-fired dryer/burner and will be mixed with liquid
asphaltic cement to produce asphalt. The hot mixed asphalt concrete may be discharged directly into
trucks from the mixer or conveyed to storage silos for discharge into trucks at a later time. Operation of
the plant will be operated from a control room.
When the ready-mix concrete plant is relocated from the Plant Site, aggregate products from the
aggregate plant and cement (imported by truck and stored in silos) will be weighed and deposited directly
into the mixer truck drum. Water will be added to the truck and the concrete will be mixed during
transportation to the job site. Return concrete (concrete which is unused at the jobsite and returned to the
site in the ready-mix trucks) will be stockpiled for later recycling into miscellaneous road base (CMB).
Operation of the plant will be operated from a control room.
A portable recycle plant (operating under a portable air permit) will be periodically brought in to recycle
excess asphalt produced and stockpiled at the asphalt plant and stockpiled return concrete. The recycle
plant will also recycle concrete and asphalt pavement imported to the site from construction demolition or
road rebuilding sites. Asphalt or concrete to be recycled will be fed through a crusher(s), screens and
conveyors and then stockpiled. The recycled concrete will be sold as CMB. The crushed asphalt debris
and stockpiled, unsold asphalt will be recycled as RAP and later blended with fresh asphalt concrete.
Recycling of old concrete and asphalt reduces the volume of fill in local landfills and helps extend the
available aggregate reserves in Fresno County.
24. Buildings or Portion of Buildings Used in the Operation
Please refer to Item 23 above
25. Outdoor Lighting or Outdoor Sound Amplification System
At the Plant Site as described in Section 7 above, operations will occur primarily during daylight hours.
No changes are proposed to the existing outdoor lighting required to provide a safe operating environment
during the time of year when daylight hours are shorter or for any nighttime operations (refer to Section
16C). No changes are proposed to the existing safety alarms on the moving equipment such as conveyors
on the plants. All mobile equipment is equipped with backup alarms. The Environmental Noise and
Vibration Assessment, (Bollard), determined the project’s noise generation would be below the applicable
noise thresholds at the residences located closest to the existing Plant Site.
At the Quarry Site, as described in Section 7 above, operations will occur primarily during daylight hours.
Operations during the time of year when daylight hours are shorter or for any nighttime operations will
require lighting to provide a safe operating environment. Shielded lighting utilizing high pressure sodium
and/or cut-off fixtures (or equivalent IDA-approved fixtures) instead of mercury-vapor fixtures will be
used for any required nighttime lighting of the processing facilities. The lighting will also be designed to
confine illumination to the Project Site, and/or to areas that do not include light-sensitive uses (refer to
Section 16C).
Moving equipment on the plants, such as conveyors, will be equipped with safety alarms and all mobile
equipment will be equipped with backup alarms. The Environmental Noise and Vibration Assessment,
(Bollard), proposed noise mitigation measures, such as acoustic growler-type backup warning systems
rather than conventional beepers, which would reduce impacts to less than significant with mitigation.
26. Landscaping or Fencing
At the Plant Site, there is an existing landscaped screen along the Friant Road frontage in accordance with
the current CUP conditions and which will remain for the Project. The perimeter of the property along
Friant Road is fenced with four (4) foot high, barbed wire ranch fencing. The chain link entrance gate is at
least twenty-four (24) feet wide.
At the Quarry Site, there is an existing, minimum five (5) foot high screening berm along the Friant Road
frontage and a minimum fifteen (15) screening berm along the south property line extending from the
southwest corner of the site to approximately 475 feet from the Friant Road right-of way in accordance
with the current CUP conditions. The berms will remain in place for the Project. The perimeter of the
property along Friant Road and the south property line is fenced with four (4) foot high, barbed wire
ranch fencing. The property line between Lost Lake Park and the project is fenced with six (6) high chain-
link fencing. The entrance gate is at least twenty-four (24) feet wide.
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BENCHMARK RESOURCES
SCOPE OF WORK FOR EIR 7763
ROCKFIELD QUARRY MODIFICATION PROJECT
TASKS
Task 1: Application Review and Kickoff Meeting
In preparation for the kickoff meeting and site visit, Benchmark Land Use Group, Inc. (Benchmark Resources) will
review the application materials and prepare a list of data needs and project questions and comments. Benchmark
Resources will create an agenda for the kickoff meeting and initial site visit. Benchmark Resources will attend a
kickoff meeting and site visit (assumed to be the same day or soon after).
Task 2: Noticing and Scoping
Benchmark Resources will prepare the appropriate notices and assist Fresno County (County) with public scoping
for the environmental document. The notices will provide reviewers with an understanding of the project, include
a discussion of the anticipated environmental impacts to be evaluated in the environmental document, and invite
public and agency input on the scope of issues to be considered. Benchmark Resources will distribute the Notice of
Preparation by mail to a distribution list prepared by the County and submit the Notice of Preparation for
publication in the Fresno Business Journal.
Benchmark Resources will participate in one public scoping meeting. Benchmark Resources will reserve a room
near the project site where the meeting will be held. Benchmark Resources will also prepare an agenda,
presentation, displays, comment cards, sign-in sheets, and other information necessary for the meeting. Following
the scoping period, Benchmark Resources will review all comments provided, prepare a summary of issues raised,
and recommend methods for addressing the issues in the EIR.
Task 3: Peer Review
Benchmark Resources will lead peer review of the applicant-prepared technical evaluations.
Subtask 3.1: Coordination of Peer Review
Benchmark Resources, and its Subcontractors, will peer review technical studies prepared by the project
applicant’s consultants for consistency, completeness, and adequacy for purposes of CEQA. Benchmark
Resources will summarize the results of their review, including identification of potential data gaps and further
recommendations, in a memorandum for the County and applicant following Benchmark Resources receipt of
each set of technical studies.
This scope of work assumes that the studies provided in the application are sufficient to support the
aesthetics, air quality, biological, blasting, climate change, cultural resources, hydrology and water quality,
geology and soils (including slope stability and revegetation), noise, and traffic evaluations in the EIR. If
Benchmark Resources peer review identifies that these studies or other information included with the project
application are insufficient to support the EIR analysis, Benchmark Resources will coordinate with the County
and CEMEX to determine an efficient approach to obtaining the necessary additional technical information.
Subtask 3.2: Peer Review
Peer Review of Plant and Quarry Site Habitat Assessments
Benchmark Resources and Subcontractor will peer review biological resources aspects of the project and
technical studies submitted with the application (plant and quarry habitat assessments and the surface
mining and reclamation plan). Benchmark Resources will also provide input regarding the adequacy of
these studies in meeting applicable CEQA Guidelines Appendix G criteria and County requirements for
biological resources and in providing the comprehensive information needed to prepare the biological
resources section of the EIR.
EXHIBIT B
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Peer Review of Hydrology Report
Benchmark Resources and Subcontractor will peer review groundwater and surface water hydrological
aspects of the project and technical studies submitted with the application (hydraulic analysis and as yet
to be submitted groundwater evaluation). Benchmark Resources will also provide input regarding the
adequacy of this study in meeting applicable CEQA Guidelines Appendix G criteria and County
requirements for hydrology and water quality and in providing the information needed to prepare the
hydrology and water quality section of the EIR.
Peer Review of Geotechnical and Blasting Reports
Benchmark Resources and Subcontractor will peer review geotechnical (including slope stability) aspects
of the project and the geotechnical evaluation submitted with the application (geotechnical report and
the blasting impact analysis). Benchmark Resources will also provide input regarding the adequacy of
these studies in meeting the California Surface Mining and Reclamation Act and all County requirements
for slope stability and in providing the information needed to prepare the geology and soils section of the
EIR.
Peer Review of Air Quality and Climate Changes Analysis
Benchmark Resources and Subcontractor will peer review the air quality and climate change analysis
provided by the project applicant. Benchmark Resources will also provide input regarding the adequacy of
this study in meeting applicable CEQA and San Joaquin Air Pollution Control District requirements and in
providing information needed to prepare the air quality and climate change sections of the EIR.
Peer Review of the Visual Impact Analysis
Benchmark Resources will peer review the visual impact analysis submitted with the application.
Benchmark Resources will also provide input regarding the adequacy of these studies in meeting
applicable CEQA Guidelines Appendix G criteria and County requirements for visual resources and in
providing information needed to prepare the aesthetics section of the EIR.
Peer Review of Cultural and Paleontological Resources
Benchmark Resources and Subcontractor will peer review the cultural and paleontological inventory
submitted with the application. The new CEQA Guidelines Appendix G criteria moved discussion of
paleontological resources to the Geology and Soils subsection. Therefore, Benchmark Resources will also
provide input regarding the adequacy of this study in meeting applicable CEQA Guidelines Appendix G
criteria and County requirements for cultural and paleontological resources and in providing information
needed to prepare the cultural resources and geology and soils sections of the EIR
Peer Review of the Noise Study
Benchmark Resources and Subcontractor will peer review the noise study submitted with the application.
Benchmark Resources will also provide input regarding the adequacy of this study in meeting applicable
CEQA Guidelines Appendix G criteria and County requirements for noise issues and in providing
information needed to prepare the noise section of the EIR.
Peer Review of the Traffic Impact Study
Benchmark Resources and Subcontractor will peer review the Traffic Impact Study submitted with the
application. Benchmark Resources will also provide input regarding the adequacy of this study in meeting
applicable CEQA Appendix G criteria and County requirements for transportation issues and in the
providing information needed to prepare the transportation section of the EIR.
Task 4: Draft Project Description
Benchmark Resources will prepare a draft project description based on information in the application, surface
mining and reclamation plan, and studies submitted by the applicant. The project description will be consistent
with the County’s EIR format and will provide the level of detail about the project needed to complete the EIR and
analysis. During Benchmark Resources initial preparation of the project description, Benchmark Resources will
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prepare a list of any additional information or clarifications needed to assist the County in obtaining information
needed for a complete EIR-level project description. The initial draft will specifically identify those aspects of the
project that may require additional clarification or confirmation of information presented in the draft. After the
County and applicant provide revisions or clarification to data requests, if any, Benchmark Resources will finalize
the project description to be included in the draft EIR.
Task 5: Administrative Draft EIR Preparation
Benchmark Resources will prepare EIR sections for an administrative draft EIR to reflect the current project
application and to produce a complete administrative draft EIR for County review. The resource evaluations will
document the existing conditions of the project site and surrounding area and potential impacts associated with
the project. This scope of work assumes that the following key resource topics will warrant detailed evaluation in
the EIR: aesthetics, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas,
hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise,
population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service
systems, and wildfire.
The EIR will also address cumulative impacts, energy consumption and conservation, growth-inducing impacts, and
other topics required by CEQA. When significant or potentially significant impacts are identified, the EIR will
identify mitigation measures when available for avoiding or reducing the severity of the impacts.
Benchmark Resources will prepare an administrative draft EIR that complies with CEQA, the CEQA Guidelines,
CEQA case law, and County CEQA procedures. Benchmark Resources will analyze the project objectively and
address environmental impact issues in the EIR as described in the subtasks provided below. The EIR will
specifically address environmental issues raised during the scoping process by responsible and trustee agencies
and the public. The EIR analysis will establish the existing baseline, and impacts will be documented in terms of
the differences in impacts resulting from the proposed reclamation plan amendment as compared to impacts
under baseline conditions.
If the assumptions or methods defined herein require adjustment as a result of modifications to the project
assumptions, input from regulatory agencies, or other factors, including legal review, Benchmark Resources will
develop a supplemental scope and budget to produce the additional or supplemental information. Unless
otherwise noted, each of the resource assessments described in the following subtasks will be documented in the
respective resource section of the EIR.
Subtask 5.1: Introduction and Executive Summary
Benchmark Resources will draft the introduction section to the EIR. This section will explain how the baseline
is established for an existing quarry. In addition, this section will provide an explanation that the scope of the
environmental impact analyses is limited to those actions for which the County has discretionary authority of
approval. Benchmark Resources will prepare an Executive Summary that provides a tabular summary of
impacts, mitigation measures and levels of significance for each resource issue. The Executive Summary will
also summarize the project alternatives that are evaluated in the EIR.
Subtask 5.2: Aesthetics/Visual Resources
After peer review of the visual simulations, Benchmark Resources will complete the aesthetics/visual
resources impact assessment analysis in an aesthetics section in the EIR. The evaluation will include
preparation of a visual inventory map; an assessment of existing visual character of the project site, including
written description and site photographs; and an evaluation of impacts associated with changes in the visual
character of the Rockfield Quarry site as a result of the project. The simulations will depict the anticipated
visual character of the site as it exists under baseline conditions and the visual character as reclaimed under
the proposed reclamation plan amendment. Benchmark Resources will identify project impacts and
mitigation measures to reduce potentially significant visual impacts, if available and necessary, and will
document the impacts and mitigation measures in the aesthetics section of the EIR.
(Page 4 of 8)
Subtask 5.3: Agricultural Resources
Benchmark Resources will prepare the agricultural resources section of the administrative draft EIR.
Subtask 5.4: Air Quality
This scope of work anticipates that the air analysis submitted by the applicant accurately describes potential
emissions associated with the project. Benchmark Resources will use the verified emissions data to prepare
the air quality section of the EIR.
Subtask 5.5: Biological Resources
This scope of work anticipates that the biological resources analyses submitted by the applicant accurately
describe the impacts to potential biological resource associated with the project. Benchmark Resources will
use the peer reviewed evaluations to prepare the biological resources section of the administrative draft EIR.
Subtask 5.6: Cultural Resources
Benchmark Resources will use the peer reviewed cultural resource inventory to prepare the cultural resources
section of the administrative draft EIR. Although the peer reviewed cultural resource inventory includes a
discussion of paleontological resources, this topic will be discussed in Subtask 5.8, Geology and Soils, per the
new CEQA Appendix G Guidelines.
Subtask 5.7: Energy
Benchmark Resources will prepare the energy section of the administrative draft EIR.
Subtask 5.8: Geology and Soils
This scope of work anticipates that the slope stability and blasting analyses submitted by the applicant
accurately describe the impacts to geology and soils resources associated with the project. Benchmark
Resources will prepare the geology and soils section of the administrative draft EIR. Per the new CEQA
Appendix G Guidelines, Benchmark Resources will use the peer reviewed analysis of impacts associated with
paleontological resources contained in the cultural resource inventory to prepare the paleontological
resources discussion in the geology and soils section of the administrative draft EIR.
Subtask 5.9: Greenhouse Gas
This scope of work anticipates that the greenhouse gas analysis submitted by the applicant accurately
describes potential emissions associated with the project. Benchmark Resources will use the verified
emissions data to prepare the greenhouse quality section of the EIR.
Subtask 5.10: Hazardous and Hazardous Materials
Benchmark Resources will prepare the hazardous and hazardous materials section of the administrative draft
EIR.
Subtask 5.11: Hydrology and Water Quality
This scope of work anticipates that the surface and groundwater analyses submitted by the applicant
accurately describe the impacts to hydrology and water quality resources associated with the project.
Benchmark Resources will prepare the hydrology and water quality section of the administrative draft EIR.
Subtask 5.12: Land Use and Planning
Based on coordination with the County regarding applicable policies and ordinances, Benchmark Resources
will prepare the land use and planning section of the administrative draft EIR.
Subtask 5.13: Mineral Resources
Benchmark Resources will prepare the mineral resources section of the administrative draft EIR.
(Page 5 of 8)
Subtask 5.14: Noise
This scope of work anticipates that the noise analyses submitted by the applicant accurately describe the noise
impacts associated with the project. Benchmark Resources will prepare the noise section of the
administrative draft EIR.
Subtask 5.15: Population and Housing
Benchmark Resources will prepare the population and housing section of the administrative draft EIR.
Subtask 5.16: Public Services
Benchmark Resources will prepare the public services section of the administrative draft EIR.
Subtask 5.17: Recreation
Benchmark Resources will prepare the recreation section of the administrative draft EIR.
Subtask 5.18: Transportation
This scope of work anticipates that the transportation impact report submitted by the applicant accurately
describe the transportation-related impacts associated with the project. Benchmark Resources will prepare
the transportation section of the administrative draft EIR.
Subtask 5.19: Tribal Cultural Resources
Benchmark Resources will prepare the tribal cultural resources section of the administrative draft EIR.
Subtask 5.20: Utilities and Service Systems
Benchmark Resources will prepare the utilities and service systems section of the administrative draft EIR.
Subtask 5.21: Wildfire
Benchmark Resources will prepare the wildfire section of the administrative draft EIR.
Subtask 5.22: Cumulative Impacts Analysis
Benchmark Resources will consider project impacts and their contribution to impacts associated with past,
present, and reasonably foreseeable projects within or near the project area. Each impact discussion will
define a reasonable area of cumulative impacts, as appropriate for each analysis. The cumulative impacts
analysis will include consideration of potential future land uses within the project area. The cumulative
impacts analysis will be documented in a separate section of the EIR that provides an impact-by-impact
discussion of the potential for project-specific impacts to contribute to similar impacts occurring or anticipated
to occur as a result of other land uses and activities within the project area.
Subtask 5.23: Other CEQA Topics
This section of the environmental impact report (EIR) contains analysis of the following additional CEQA-
mandated discussions:
• growth-inducing impacts (Section 15126.2[d]),
• irreversible/irretrievable commitment of resources (Section 15126.2[c]), and
• significant unavoidable adverse impacts (Section 15126. 2[b])
Subtask 5.24: Alternatives and Analysis Completion
Benchmark Resources will develop a reasonable range of alternatives with an emphasis on identifying
alternatives that would avoid or reduce significant impacts of the project. Consistent with CEQA Guidelines
Section 15126.6, Benchmark Resources will develop alternatives that have the potential to reduce one or
more significant project impacts. The processes for developing alternatives, including preparing descriptions
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of alternatives considered but eliminated and the reasons for their elimination, will be documented in the
alternatives section of the administrative draft EIR. Benchmark Resources will define three project
alternatives, in addition to the proposed project and the no-project alternative (required by CEQA), in the EIR.
Subtask 5.25: Production of Administrative Draft EIR
Benchmark Resources will assemble the information developed in the preceding subtasks and other
information as necessary to assemble a complete administrative draft EIR. The administrative draft EIR will
include an executive summary, an introduction, a project description, resource sections, a cumulative impacts
analysis, an alternatives analysis, references, a list of preparers, and appendices. The administrative draft EIR
will include maps and other graphics necessary to clearly present and illustrate data. Benchmark Resources
will submit the administrative draft EIR to the County and be prepared to discuss key issues and facilitate
review of the document.
Task 5 Deliverables
• Administrative draft EIR (three hard copies and electronic files)
Task 6: Draft EIR Preparation
The approach for preparation of the draft EIR is described in the tasks provided below.
Subtask 6.1: Administrative Draft EIR Comment Review
Benchmark Resources will review comments on the administrative draft EIR and meet with the County to
discuss comments, including applicant and County Counsel comments. Before the meeting, Benchmark
Resources will prepare an agenda listing issues raised in comments that warrant discussion and
recommendations for resolving the issues.
Subtask 6.2: Final Review of Draft EIR Preparation
Benchmark Resources will revise the administrative draft EIR and prepare a final review draft EIR based on
comments, the administrative draft EIR, and the agreed approach to revisions. Benchmark Resources will
facilitate a conference call with the County to receive final input and agreement on all changes needed to
produce the public draft EIR.
Subtask 6.3: Draft EIR Production
Benchmark Resources will complete the draft EIR and all related documents for circulation to the public and
agencies for a 45-day (minimum) review. Benchmark Resources will prepare a notice of completion filing the
draft EIR with the State Clearinghouse and bind a stand-alone summary of the draft EIR for submittal to the
State Clearinghouse. Benchmark Resources will also prepare a notice of availability noticing the availability of
the draft EIR and the public meeting for comment on the draft EIR, which Benchmark Resources will in turn
submit for publishing in the newspaper and Fresno Business Journal and mail copies with a CD copy of the
Draft EIR to a distribution list prepared by the County. Benchmark Resources will also reserve a room near the
project site to hold a public comment meeting on the Draft EIR.
Task 6 Deliverables
• Final review draft EIR (one hard copy and electronic files)
• Draft EIR (20 bound hard copies with appendices, electronic files on CD)
• Executive summary of draft EIR for State Clearinghouse (15 bound hard copies, electronic files of
draft EIR on CD)
• Executive summary of draft EIR (20 bound hard copies, electronic files of draft EIR on CD)
• Notice of completion (hard copy for filing with State Clearinghouse)
• Notice of availability (draft and final electronic files)
• PowerPoint presentation and handout for public comment meeting
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Task 7: Final EIR Preparation
Subtask 7.1: Draft EIR Comment Review
Following the close of the draft EIR circulation period, Benchmark Resources will scan to PDF copies of all
comments received and create a Word document that includes the verbatim text of each comment.
Benchmark Resources will review all comments and assign an index number to each comment set and a
subnumber to each individual comment/issue. Initial review of comments will be conducted to determine
whether issues are raised that require a substantial modification to the EIR. Benchmark Resources will
prepare a summary of the key issues raised in comments and determine whether additional information or
analysis is required to prepare the final EIR.
Subtask 7.2: Draft Responses to Draft EIR Comments
Benchmark Resources will prepare formal responses to comments received on the draft EIR addressing
environmental issues. Benchmark Resources will draw on the expertise of its resource specialists when
necessary and provide thorough and meaningful responses to those comments that address the adequacy of
the EIR and the environmental review process. Comments raising policy choice or other issues that do not
address the adequacy of the EIR may be more appropriately considered separately from the EIR process, and a
polite, yet brief, response will be provided to explain that the issue will be considered by agency decision
makers separate from the EIR process. In some instances, responses to comments may require the draft EIR
text to be modified. When that occurs, the response will state that a change has been made and reference
the modified section(s) of the draft EIR.
Subtask 7.3: Draft Responses Review with County and Applicant
Benchmark Resources will provide a draft document that provides its proposed responses to comments.
Benchmark Resources will meet with the County and applicant team to review the draft responses and discuss
outstanding issues.
Subtask 7.4: Preparation of Administrative Draft Final EIR and MMRP
Benchmark Resources will prepare an administrative final EIR consisting of introductory material, any
necessary errata revisions to the text of the draft EIR, draft EIR comments and responses, and any necessary
appendices, including a mitigation monitoring and reporting program (MMRP). Benchmark Resources will
prepare the MMRP in a matrix-style format. The MMRP will describe each mitigation measure (as presented
in the final EIR) and define the party(ies) responsible for implementing the measure, party(ies) responsible for
funding each measure, implementation process and requirements, implementation timing requirements,
monitoring requirements, party responsible for monitoring, and reporting requirements to document
mitigation measure implementation.
Subtask 7.5: Review of Administrative Final EIR Comments with County and Applicant
Benchmark Resources will review comments on the administrative final EIR and meet with County staff to
discuss comments, including those that the applicant or County Counsel may provide. Before the meeting,
Benchmark Resources will prepare an agenda listing issues raised in the comments that warrant discussion
and provide recommendations for resolving the issues raised.
Subtask 7.6: Preparation of Final Review of Final EIR
Benchmark Resources will revise the administrative final EIR and prepare a final review final EIR based on
comments, the administrative final EIR, and the agreed approach to revisions. Benchmark Resources will then
distribute the Final EIR to Reviewing and Responsible Agencies and to a distribution list prepared by the
County.
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Subtask 7.7: Final EIR Production
Benchmark Resources will revise the final review final EIR based on input received and will produce a final
version of the final EIR and appendices for County use in certifying the document and considering project
approvals.
Task 7 Deliverables
• Draft responses to draft EIR comments (electronic file)
• MMRP (three hard copies, electronic file)
• Administrative final EIR (three hard copies, electronic files)
• Final review final EIR (electronic file)
• Final EIR (20 hard copies with appendices and CD of draft and final EIR files; 20 CDs, in addition to
above, of draft and final EIR electronic files)
Task 8: Presentation Preparation and Hearing Attendance
Benchmark Resources will coordinate with the County staff and, if requested by the County, assume the lead role
in preparing for and presenting information to the County Planning Commission during its deliberations of EIR
certification and project approvals. Prior to scheduling the Commission hearing, Benchmark Resources will
prepare draft documents for the presentation for the County to review. Benchmark Resources will be prepared to
present the project, the environmental review process, and findings to the County Planning Commission. The
budget includes preparation for, and attendance at, one County Planning Commission hearing and two County
Board of Supervisor hearings
Task 8 Deliverables
• Preparation of draft documents for County review
• Presentation to County Planning Commission (PowerPoint)
• Two presentations to the County Board of Supervisors (PowerPoint)
• Notice of determination
Task 9: General Activities Coordination
Benchmark Resources will coordinate with the County and the applicant on an as-needed and ongoing basis
through the term of this Contract to further the EIR work and maintain the project schedule. Benchmark
Resources coordination will include scheduling and hosting as-needed telephone calls and in-person meetings to
review project status. Benchmark Resources will coordinate with the County’s website administrator to ensure
that necessary project-related documents are made available on the County website and that information on the
website regarding the project is accurate and updated as necessary.
The budget includes six in-person coordination meetings. If the County requests additional meeting attendance by
Benchmark Resources, Benchmark Resources will notify County staff of the additional costs and obtain
authorization for the extra meeting time. Benchmark Resources will not attend additional meetings unless and
until instructed to do so by the County and after this contract is amended as necessary to incorporate the
additional costs.
As requested by the County, the general activities coordination will be invoiced through the expected duration of
the processing of the project. Therefore, each milestone includes a proportionate amount of coordination.
ATTACHMENT A
STANDARD SCHEDULE OF CHARGES
Effective for duration of contract.
Time spent on behalf of a client, and expenditures on behalf of a client, are charged as follows:
Item Rate
LABOR
Principal $235–$265/hour
Director $200–$225/hour
Senior staff
project manager, engineer, geologist, biologist $185–$210/hour
Project staff
engineer, resource planner, geologist, biologist $125–$145/hour
Technical staff
analyst/editor, CADD, GIS, field support $115–$135/hour
Support staff
document control, word processing, database management $105–$120/hour
Clerical staff $75–$95/hour
EXPENDITURES
Airfare, auto rental, lodging, equipment, subconsultants,
printing, and miscellaneous costs Cost plus 15%(1)
Report production—black and white $0.15 (letter), $0.50 (tabloid)
Report production—color $1.00 (letter), $1.50 (tabloid)
Large format printing—black and white $10 (18x24), $24 (24x36), $36 (36x48)
Large format printing—color $20 (18x24), $54 (24x36), $65 (36x48)
Auto mileage Per Federal/IRS regulations
Per diem $40.00 per day
(1) Administrative burden covers associated overhead, carrying costs, warranty, indemnification, and insurance costs.
Benchmark CostsBenchmark Expenses Subcontractors ($) ($) ($)TASK 1: APPLICATION REVIEW AND KICKOFF MEETING$12,000 $1,000$13,000TASK 2: NOTICING AND SCOPING$8,500 $3,000$11,500TASKS 1 AND 2 SUBTOTALS $20,500 $4,000 $0 $24,500TASK 3: PEER REVIEW3.1 Coordination with County and CEMEX Team$4,000 $1,000$5,0003.2 Peer ReviewPeer Review of Plant and Quarry Site Habitat Assessments$1,600 $13,200$14,800Peer Review of Hydrology Report$2,720 $13,600$16,320Peer Review of Geotechnical and Blasting Reports$3,440 $17,200$20,640Peer Review of Air Quality and Climate Changes Analysis$2,000 $10,000$12,000Peer Review of the Visual Impact Analysis$3,000$3,000Peer Review of Cultural and Paleontological Resources$700 $3,500$4,200Peer Review of the Noise Study$840 $8,200$9,040Peer Review of the Traffic Impact Study$4,311 $21,558$25,869TASK 3 SUBTOTAL $22,611 $1,000 $87,258 $110,869TASK 4: DRAFT PROJECT DESCRIPTION$12,000 $500$12,500TASK 5: ADMINISTRATIVE DRAFT EIR PREPARATION5.1 Introduction and Executive Summary$2,000$2,0005.2 Aesthetics/Visual Resources$7,500$7,5005.3 Air Quality$2,000$2,0005.4 Agricultural Resources$2,500$2,5005.5 Biological Resources$6,000$6,0005.6 Cultural Resources $4,000$4,0005.7 Energy$3,000$3,0005.8 Geology and Soils $6,000$6,0005.9 Greenhouse Gas$2,000$2,0005.10 Hazards and Hazardous Materials$3,000$3,0005.11 Hydrology / Water Quality$8,000$8,0005.12 Land Use and Planning$6,000$6,0005.13 Mineral Resources$1,000$1,0005.14 Noise$6,000$6,0005.15 Population / Housing $1,000$1,0005.16 Public Services$1,000$1,0005.17 Recreation$2,000$2,0005.18 Transportation$8,000$8,0005.19 Tribal Cultural Resources$2,000$2,0005.20 Utilities and Service Systems$1,000$1,0005.21 Wildfire$1,000$1,0005.22 Cumulative Impacts Analysis$4,000$4,0005.23 Other CEQA Topics$5,000$5,0005.24 Alternatives and Analysis Completion$7,000$7,0005.25 Production of Administrative Draft EIR$5,000 $2,000$7,000TASK 4 AND 5 SUBTOTAL $108,000 $2,500 $0 $110,500TASK 6: DRAFT EIR PREPARATION6.1 Administrative Draft EIR Comment Review$15,000 $3,000 $18,0006.2 Final Review of Draft EIR Preparation$5,000 $1,000$6,0006.3 Draft EIR Production$8,000 $6,000 $5,000 $19,000TASK 6 SUBTOTAL $28,000 $7,000 $8,000 $43,000$288,869TASK 7: FINAL EIR PREPARATION7.1 Draft EIR Comment Review$5,000 $5,000 $10,0007.2 Draft Responses to Draft EIR Comments$15,000 $5,000 $20,0007.3 Draft Responses Review with County and Applicant$5,000 $1,000$6,0007.4 Preparation of Administrative Draft Final EIR and MMRP$10,000$10,0007.5 Review of Administrative Final EIR Comments with County and Applicant $10,000 $5,000 $15,0007.6 Preparation of Final Review of Final EIR$6,000 $1,000$7,0007.7 Final EIR Production$8,000 $5,000$13,000TASK 7 SUBTOTAL $59,000 $7,000 $15,000 $81,000$81,000TASK 8: PRESENTATION PREPARATION AND HEARING ATTENDANCEPublic Hearings (Planning Commission/ Board of Supervisors) (3 meetings)$12,000 $3,000$15,000TASK 8 SUBTOTAL $12,000 $3,000 $0 $15,000TASK 9: GENERAL ACTIVITIES COORDINATION$24,000 $1,500$25,500TASK 9 SUBTOTAL $24,000 $1,500 $0 $25,500$40,500$274,111 $26,000 $110,258 $410,369$410,369ATTACHMENT BCEMEX ROCKFIELD QUARRY MODIFICATION PROJECTPROPOSED COST ESTIMATETOTAL ESTIMATEDCOSTS($)TASK AND SUBTASKLABOR AND EXPENSESHEARINGS AND GENERAL ACTIVITIES COORDINATION SUBTOTALSUBTOTALSGRAND TOTALFINAL EIR SUBTOTALPROJECT KICKOFF, SCOPING, PEER REVIEW AND DRAFT EIR SUBTOTAL
ATTACHMENT C CEMEX ROCKFIELD QUARRY MODIFICATION PROJECT PROJECT MILESTONES AND PAYMENT TRACKER Milestone Description Cost General Activities Coordination Costs* Milestone Total Date Invoices Payment Received 1 Task 1: Application Review and Kickoff Meeting Task 2: Noticing and Scoping *30% of Task 9, “General Activities Coordination,” applied $24,500 $7,650 $32,150 2 Task 3: Peer Review *10% of Task 9, “General Activities Coordination,” applied $110,869 $2,550 $113,419 3 Task 4: Project Description Task 5: Administrative Draft EIR Preparation *30% of Task 9, “General Activities Coordination,” applied $110,500 $7,650 $118,150 4 Task 6: Draft EIR Preparation *20% of Task 9, “General Activities Coordination,” applied $43,000 $5,100 $48,100 5 Task 7: Final EIR Preparation Task 8: Presentation Preparation and Hearing Attendance *10% of Task 9, “General Activities Coordination,” applied $96,000 $2,550 $98,550 TOTALS: $384,869 $25,500 $410,369
Task NameDurationNOTICE TO PROCEED1 dayAPPLICATION REVIEW30 daysKICK-OFF MEETING/SITE VISIT1 daySCOPING PROCESS60 daysSCOPING MEETING1 dayPEER REVIEW60 daysADMINISTRATIVE DRAFT EIR100 daysDRAFT EIR30 daysPUBLIC REVIEW OF DEIR40 daysDEIR PUBLIC MEETING1 dayADMINISTRATIVE FEIR80 daysFINAL EIR22 daysPLANNING COMMISSION HEARING1 dayBOARD OF SUPERVISORS HEARING (1)1 dayBOARD OF SUPERVISORS HEARING (2)1 dayQtr 4Qtr 1Qtr 2Qtr 3Qtr 4Qtr 1Qtr 21st Half2nd Half1st HalfTaskMilestoneEXHIBIT CCEMEX ROCKFIELD QUARRY MODIFICATION PROJECTPROPOSED EIR SCHEDULENote: The duration column reflects business days only and does not account for weekends. 1CEMEX Rockfield QuarryEXHIBIT C
EXHIBIT D
EXTRA SERVICES
Extra Services shall be limited to those services reasonably necessary to complete the
project work that County and Consultant mutually agree were not anticipated during the
preparation of the work program proposal, when a request to perform such services was
submitted by the Consultant and approved in writing by the Director or his designee
prior to their performance.
In addition to the services addressed above, the Consultant shall have a legitimate
basis pursuant to the provisions of the Consultant Agreement to request either
authorization to provide Extra Services or a revision to the Work Program, Cost
Estimate, and Work Schedule of the Agreement if any of the following occur:
1. County makes material modifications to the project subsequent to the approval of
the Agreement, which necessitate making substantial and material changes in
the project analysis, text tables, maps or figures.
2. Modifications are required to the Work Program due to comments received in
response to the Notice of Preparation of the Draft EIR or public review of the
project documents.
3. Technical, engineering, design, or other studies not specified in the Work
Program are required for project analysis, mitigation measures or programs, the
Mitigation Monitoring and Reporting Program, responses to comments on the
Draft EIR, or other purposes.
4. In the event the project and/or the EIR is subject to litigation, additional work
associated with the litigation is required such as reviewing or responding to
briefs, giving depositions and appearing in court.
The total sum of compensation for Extra Services shall be limited to the amount
deemed sufficient by the Director or his designee following discussion of the proposed
scope of additional work with the Consultant which shall include representations made
by the Consultant as to the reasonably-expected amount of time that will be required to
fully perform all Extra Services discussed in said meetings(s) or telephone conferences.
CONFLICT OF INTEREST CODE OF THE DEPARTMENT OF PUBLIC
WORKS AND PLANNING
Exhibit “E” is a copy of Resolution #99-086 adopted by the Board of Supervisors
on February 23, 1999 that references California Code of Regulations Section
18730. Consultants are listed on Exhibit A of the Resolution with the following
note:
* Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to the
following limitation: The Director of Public Works and Planning may determine in
writing that a particular consultant, although a “designated position”, is hired to
perform a range of duties that is limited in scope and thus is not fully required to
comply with the disclosure requirements of this section. Such written
determination shall include a description of the consultant’s duties and, based on
that description, a statement of the extent of disclosure requirements. The
Director of Public Works and Planning’s determination is a public record and
shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
EXHIBIT E
EXHIBIT E - Page 1
EXHIBIT E
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EXHIBIT E
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EXHIBIT E
EXHIBIT E - Page 4
EXHIBIT E
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EXHIBIT E
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SELF-DEALING 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 of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the 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 of the 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).
EXHIBIT F
EXHIBIT F - Page 1
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date:
EXHIBIT F
EXHIBIT F - Page 2