To: Board of Supervisors
From: Public Works
Agenda Section: Consent
SUBJECT:
title
2020 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 department’s surface mining operations as required by state law; and
2. Direct the Clerk of the Board to return a 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 Nov. 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. The amounts pledged for the listed quarries must be updated annually in accordance with Public Resources Code Section 2773.1(a)(3). Public Works staff prepared the attached updated resolution for the Board’s consideration.
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 one of its surface mining operations in over forty (40) years of operations and expects to continue this record of reclaiming its 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of Conservation would be involved in hiring a private contractor to reclaim the site and these funds would be withdrawn accordingly for performing the reclamation work.
Accordingly, staff recommends the Board adopt 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 One Hundred Sixty-one Thousand Seventy-Six Dollars and Seventy-Eight Cents $161,076.78 as a contingency under the Humboldt County Road Fund. 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.
OTHER AGENCY INVOLVEMENT:
The California Department of Conservation
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board of Supervisors may choose not to adopt the attached resolution authorizing the annual adjustment of funds pledged by Public Works to complete reclamation of its surface mining operations as required by state law. 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 California Surface Mining and Reclamation Act.
ATTACHMENTS:
1. Resolution No. _____ Authorizing the Humboldt County Planning and Building Department or 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.: C-20
Meeting of: Mar. 26, 2019
File No.: 19-276