File #: 22-147    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/1/2022 In control: Public Works
On agenda: 3/22/2022 Final action: 3/22/2022
Title: 2022 Financial Assurances for Reclamation of Surface Mining Operations
Attachments: 1. Staff Report, 2. 2022 FACE Update Resolution amended, 3. Resolution No. 22-39.pdf

To:                                                               Board of Supervisors

 

From:                                          Public Works                                          

 

Agenda Section:                     Consent                                                               

 

SUBJECT:

title

2022 Financial Assurances for Reclamation of Surface Mining Operations

end

 

RECOMMENDATION(S):

Recommendation

That the Board of Supervisors:

1.                     Adopt the attached resolution authorizing the annual adjustment of funds pledged by the Humboldt County Department of Public Works to complete reclamation of the County of Humboldt’s surface mining operations as required by state law; and

2.                     Direct the Clerk of the Board to return one (1) fully executed certified copy of the attached resolution to the Humboldt County Department of Public Works for further processing.

 

Body

SOURCE OF FUNDING                     

Road Fund (1200)

 

DISCUSSION:

On November 7, 1995, the Board of Supervisors adopted Resolution 95-97a, which authorized the Humboldt County Planning Department or the California Department of Conservation to use funds pledged by the Humboldt County Department of Public Works (“Public Works”) to reclaim any surface mining operations left un-reclaimed by Public Works.  The amounts pledged for the listed quarries must be updated annually in accordance with California Public Resources Code Section 2773.1(a)(3). 

 

California’s Surface Mining and Reclamation Act requires that all surface mining operations are reclaimed after rock removal is completed, and that all mining agencies pledge funds in the form of a financial assurance to guarantee that reclamation will occur.  The attached resolution states that Public Works shall pledge funds in the form of gas tax revenues in amounts necessary to reclaim upland quarries and gravel quarries, which are active, and in use by Public Works.  Public Works has never failed to complete reclamation of any of the County of Humboldt’s surface mining operations in over forty (40) years of operations and expects to continue this record of reclaiming aggregate resource sites at the termination of use.  If Public Works failed to complete reclamation of one of its active sites, the Humboldt County Planning and Building Department or the California Department of Conservation would hire a private contractor to reclaim the site and the funds pledged by Public Works would be withdrawn accordingly for performing the reclamation work.

 

Accordingly, staff recommends the Board approve the attached resolution to allow Public Works to meet the financial assurance requirements of the California Surface Mining and Reclamation Act.

 

FINANCIAL IMPACT:

The attached resolution requires Public Works to pledge $173,123.35 as a contingency under the Humboldt County Road Fund (1200). Adoption of the attached resolution will not impact the Humboldt County General Fund.

 

STRATEGIC FRAMEWORK:

The recommended actions support the Board of Supervisors’ Strategic Framework by providing for and maintaining infrastructure and creating opportunities for improved safety and health.

 

OTHER AGENCY INVOLVEMENT:                     

The California Department of Conservation

 

ALTERNATIVES TO STAFF RECOMMENDATIONS:                     

The Board of Supervisors may choose not to adopt the proposed resolution. However, this alternative is not recommended because not having a financial mechanism in place to reclaim the Public Works surface mining operations would place the county out of compliance with the SMARA regulations.

 

ATTACHMENTS:                     

1.                     Resolution Authorizing the Humboldt County Planning and Building Department or the California Department of Conservation to use Funds Pledged by the Humboldt County Department of Public Works to Complete Reclamation of Rock and Gravel Quarry Sites)

 

PREVIOUS ACTION/REFERRAL:

Board Order No.: D-9                     

Meeting of: March 23, 2021

File ID No.: 21-152