To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Bear Buttes Quarry renewal of SMARA/Conditional Use Permit, Reclamation Plan
and Financial Assurance Cost Estimate
Assessor’s Parcel Number (APN): 212-043-001
Record Nos.: PLN-2022-18004 / (CUP-61-912XMXX/SMP-11-912XMXX) (CA Mine ID #91-12-0016)
Miranda area
Renewal of Conditional Use Permit, Surface Mining Permit, Reclamation Plan, review of financial assurance cost estimates, and an Addendum to a previously adopted Subsequent Mitigated Negative Declaration, for an existing surface mining operation known as the Bear Buttes Quarry. The current project allows an average annual extraction of up to 30,000 cubic yards with the total amount of extraction not to exceed 50,000 cubic yards in any given year provided the average annual rate is not exceeded over a five-year period. There are no proposed changes to the permitted operations. The permit term is 15 years and if approved, would expire February 5, 2038.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 24-__). (Attachment 1) which does the following:
a. Finds the Zoning Administrator has considered the Mitigated Negative Declaration previously adopted for the Bear Buttes Quarry SMARA/Conditional Use Permits, Reclamation Plan and the Addendum that was prepared for the Bear Buttes Quarry SMARA Permit Renewal (Attachment 2.A); and
b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Renewal of the Bear Buttes Quarry SMARA/Conditional Use Permits, Reclamation Plan subject to the recommended conditions of approval (Attachment 1.A) and adopts the Addendum to the SMND.
Body
DISCUSSION:
Project Location:
The project is located in Humboldt County, in the Miranda area, approximately 0.2 miles south of Bear Butte Road on a private logging road, approximately 1.9 miles southwest from the intersection of US Highway 101 and Bear Butte Road, on the property known to be in the southeast quarter of Section 16 Township 03 South Range 03 East HBM.
Present General Plan Land Use Designation:
Agricultural Grazing (AG), 2017 Humboldt County General Plan
Present Zoning:
Agriculture Exclusive with a Special Building Site combining zone specifying a minimum 160 acres (AE-B-5(160)); Timberland Production Zone (TPZ)
Environmental Review:
An Addendum to a previously adopted Mitigated Negative Declaration has been prepared for consideration per §15164 of the CEQA Guidelines.
State Appeal:
Project is not appealable to the California Coastal Commission.
Major Concerns:
None
Executive Summary:
A fifteen (15) year renewal of the Conditional Use/Surface Mining Permits, Reclamation Plan and Financial Cost Estimates for existing quarry operations at the Bear Buttes Quarry. It is estimated that 1,500,000 cubic yards of metagraywacke sandstone are available at the quarry. The current project is an average annual extraction of up to 30,000 cubic yards with the total extraction volume not to exceed 50,000 cubic yards in any given year provided the average annual rate is not exceeded over a five-year period. The project site has been intermittently mined since 1973. County permits issued in 1993 allowed annual extraction of up to 20,000 cubic yards. On July 26, 2010, a fifteen (15) year renewal of the project was approved which included a modification to increase the volume of extracted material to 30,000 cubic yards. A Subsequent Mitigated Negative Declaration was also adopted. The project involves excavation, drilling, blasting, sorting, crushing, on-site road and staging area improvements, on-site storage of extracted materials, hauling extracted materials off-site, revegetation, and final reclamation. If approved, the permit will expire February 5, 2038.
The site consists of the existing quarry area, roadways and storage areas. Operations utilize 27 acres of the Tosten Agricultural Preserve. Operations only occur on the pre-existing disturbed portion that consists of rock face and timberland. Project facilities include: front-end loaders, caterpillar tractors, dump trucks, excavators, rock crusher, portable screen plant, weigh scales and, as necessary, explosives and drills. Extraction will most likely occur both along the top (southern) and bottom (northern) extent of the rock faces and proceed in a general downward direction toward the staging area. Benches and rock faces will be extracted and maintained concurrently. Extracted materials will be stockpiled on the staging/stockpile areas and benched areas.
The actual and potential environmental effects reviewed by County staff and referral agencies in relation to the project include noise and hazards, traffic, dust, safety concerns, water quality degradation, impacts to sensitive habitat areas, and depreciation in open space aesthetics. The project, as mitigated and conditioned, is anticipated to have less than significant potential impacts on natural resources. Based upon the operational and performance standards included in the mining operation and reclamation plan, staff and the referral agencies have concluded that the operation can be conducted in a safe and appropriate manner provided these standards are made conditions of project approval.
The Reclamation Plan:
A new, amended, or renewed Reclamation Plan (RP) is not proposed and is not required per Title III, Div. 9, Chapter 1, §391-4(b)(6), Term, of the County’s Mining Ordinance. The reclamation plan that was previously approved for the end use remains in effect and would be required to be implemented now if the Zoning Administrator does not approve the permit renewal request. The applicant provided with the permit renewal application package a “Mining and Reclamation Plan Renewal, amended 10/26/2022.” As described in the RP document, there are no changes to the mining operation, permit boundary, extraction volumes, nor to the adopted end use. The quarry would be subject to the original conditions of approval, and those that were added during the last permit renewal. These include numerous on-going, annual, and terminal mitigation and reclamation measures, set operations hours for extraction, processing, and hauling, the maintenance of a stormwater detention and sedimentation basin, winterizing the site prior to the onset of the rainy season, and final reclamation of the site at the end of the permit term.
Agency Comments:
Referrals were sent to HCDPW Land Use and to outside agencies, including Bear River Band Tribe (BRB), Intertribal Sinkyone Wilderness Council, NWIC, PG&E and CDFW.
BRB recommended the standard inadvertent discovery protocol be in place for any ground disturbing activities. This has been incorporated as Recommended Condition of Approval (COA) C.1.
CDFW recommended the following conditions of approval be included for the permit renewal:
1. Rectify an unauthorized water diversion and failing water storage facilities (Lat/Long 40.2020, -123.8441). FGC § 1602 requires an entity to notify CDFW prior to commencing any activity that may substantially divert or obstruct the natural flow of any river, stream, or lake. The applicant should seek authorization for diversion by submitting a Notification for Lake or Streambed Alteration so that the impacts from this encroachment can be appropriately mitigated.
2. The project proponent should coordinate with CDFW and the Regional Water Quality Control Board to address sediment delivery to a stream (Lat/Long 40.2020, -123.8441). FGC § 5650 makes it unlawful to (in part) deposit in, permit to pass into, or place where it can pass into the waters of this state any substance or material deleterious to fish, plant life, mammals, or bird life, including sediment.
3. Ongoing operations do not appear to adhere to stream setbacks defined in the County’s Streamside Management Ordinance. Roadside berms presumably intended to capture and redirect runoff were built at or near the top of bank as opposed to the outer distance prescribed for intermittent or perennial streams. To mitigate for impacts, the permittee could consider decommissioning and restoring a little-used road that appears to be redundant (unless it serves as an emergency egress route). This road is currently delivering sediment to a smaller tributary, which feeds into the primary stream on the property.
CDFW stated that it is working closely with the landowner regarding water quality concerns.
The above recommendations have been incorporated as Recommended Conditions of Approval.
OTHER AGENCY INVOLVEMENT:
The project is subject to extensive local, state and federal regulations. In any given year, project extraction volumes, locations and methods will be submitted by the applicant for approval by local, state and federal agencies, including the County of Humboldt, CA Department of Fish and Wildlife, the CA Department of Conservation and United States Fish & Wildlife Service. There are ongoing conditional requirements governing mining activities at the site.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect to add or delete other conditions of approval. The Zoning Administrator could deny the project if unable to make all the required findings. Staff has concluded the required findings in support of the proposal can be made. Consequently, staff does not recommend further consideration of these alternatives.
ATTACHMENTS:
1. Draft Resolution
A. Recommended Conditions of Approval
B. Original Conditions of Approval
2. A. Addendum to Subsequent MND (SMND)
B. SMND
3. Applicant’s Evidence in Support of the Required Findings
A. Reclamation Plan revised 10/26/2022
B. Financial Assurance Cost Estimate
4. CDFW referral response dated 12/16/2022
Applicant:
Bear Buttes Quarry
Gordon Tosten
PO Box 156
Miranda, CA 95553
Owner:
Gordon L. Tosten & Janice S. Tosten Trust; The Tosten Family 1995 Living Trust, The Willison Family Trust, The Burke W. Adrian & Pamala T. Adrian Revocable Trust
PO Box 156
Miranda, CA 95553
Agent:
Mad River Properties, Inc.
Mike Atkins
2660 Clay Road
McKinleyville, CA 95519
Please contact Joshua Dorris, Senior Planner, at jdorris@co.humboldt.ca.us or 707-268-3779 if you have questions about this item.