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HomeMy WebLinkAbout10-04-2011 NAHPage 1 of 5 CITY OF LAKE ELSINORE MINING WORKSHOP MINUTES OF OCTOBER 4, 2011 CALL TO ORDER Chairperson Jordan called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Gonzales led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jordan Vice Chairperson O'Neal Commissioner Gonzales Commissioner Morsch Absent: None Also present: City Manager Brady, Public Works Director Seumalo, City Attorney Leibold. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR ITEMS) None. PUBLIC HEARING ITEM(S) None. BUSINESS ITEMS 1. Mining Workshop Chairperson Jordan stated that the Mining Workshop is an informational workshop for Planning Commissioners and interested members of the public regarding state and local surface mining regulations. The City's role is lead agency mining operations in the City, Reclamation Plans, and other mining matters. Public Works Director Seumalo presented a PowerPoint presentation regarding mining. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 4, 2011 Page 2 of 5 Vice Chairperson O'Neal asked who the TT Group is. Director Seumalo stated that the TT Group is a former property owner, and City Attorney Leibold stated that the TT Group had some significant land holdings in the City and did sell 598 acres for conservation purposes to the County. The balance of their property which was part of the Brighton Alberhill Specific Plan was subsequently acquired by Castle & Cooke. Chairperson O'Neal wanted to know if this was the location that they wanted for the race track. City Attorney Leibold stated that she wasn't familiar with the proposal on that property. Director Seumalo explained the difference between land use vs. reclamation and also stated that the City Attorney would be reviewing this with the Commission. Chairperson O'Neal asked who determines how it is reclaimed. Director Seumalo stated the lead agency determines through the review of the permit process as well as the Office of Mine Reclamation. City Attorney Leibold explained vested mining rights. Vice Chairperson O'Neal asked what properties do not have vested rights. City Attorney Leibold stated that while looking at the map, cannot identify any existing mining operation that isn't part of a pre- existing vesting mining right and noted that the State Mining And Reclamation Act (SMARA) was enacted in 1975 and became operative in January 1, 1976. Therefore, all mining operations that had obtained a prior permit but not a permit under SMARA or had engaged in mining operations and had an investment in reliance on those on -going operations had not abandoned the intent to mine are not required to a new mining permit under SMARA. Commissioner Morsch asked what happens if a vested map goes idle for years, can remain idle. City Attorney Leibold stated that it is not date specific because so many of the mining operations cover large acreage and whether there is intent to abandon, there is no fixed number of years that defines that intent to abandon. Director Seumalo discussed WYROC working as a recycling plant until mining activities pick up again. Vice Chairperson O'Neal asked if there is a timeline on this. Director Seumalo stated that it is a five year inter - management plan but they can reapply for another five years. Vice Chairperson O'Neal stated that it is an eye sore for the City, they have already had five years on an IMP, and he asked why the City would want to re -op on another five years. Director Seumalo stated that staff met with the owner and they are working with him to get rid of it. Director Seumalo provided an update regarding the lead agency status as questioned by the mining board. He stated that the mining board conducted a critical review of the City's lead agency status and the Mining Board met in May 2011 and voted to support the City's lead agency status. They will be meeting in November for a six month review regarding the status of the City's program. The City Council supported the City as the lead agency for mining operations and adopted a resolution. Commissioner Morsch asked if Enviromine has been involved in dealing with the state on preserving the City's status as lead agency. Director Seumalo stated that staff has been in regular contact with Enviromine who is the City's mining consultant and performed the City's annual inspection. City Attorney Leibold explained the lead agency status and staffs position in the Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 4, 2011 Page 3 of 5 City Council's endorsement of the City's ongoing role as the lead agency. Chairperson Jordan asked how Enviromine became the City's mining consultant. Director Seumalo explained. City Attorney Leibold explained the purpose of the Reclamation Plan for mining operations and noted that the City and OMR determine final reclamation. She noted that the Reclamation Plan is not a land use document; it is a document that looks at a mining operation and governs how that operation will wind down and restore the property so that it would allow for development someday. The City and OMR that determine final reclamation, release those financial assurances. Chairperson Jordan asked if the Pacific Clay mine was at one time part of the Murdock Alberhill Ranch mine. Director Seumalo states yes. Chairperson Jordan asked about the McVicker Canyon mine closure and has it been resolved between the City and OMR. Director Seumalo stated that OMR was concerned about slope stability on the freeway side of the McVicker Canyon area and the City is working with OMR to fix this. Chairperson Jordan inquired how long the permit is active for the Nichols Canyon mine. Director Seumalo stated that he would follow up with Chairperson Jordan with the information. Commissioner Gonzales asked if the Commission has any control over the hours of operation of the mining, the truck routes, dust patterns, etc. Director Seumalo stated that dust is an Air Quality Management District issue that the City is actively involved in. City Attorney Leibold stated that the Commission has flexibility regarding reasonably imposed hours of operation, and haul routes. Vice Chairperson O'Neal stated that there has been many complaints about noise after 10:00 p.m. from the mining and doesn't understand why it is a 24 hour operation. He asked if the Commission has discretion to take into consideration the complaints coming from the residents in the area regarding the operation running at night and can the operation be modified. Director Seumalo stated that the City has received a number of complaints from the residents in the area regarding noise during operation, and noted that the City did a noise study and the noise levels fell within compliance. Vice Chairperson O'Neal asked if the noise measurements were taken while the mining was in operation. Director Seumalo stated yes. Commissioner Morsch asked if they have considered encapsulating the conveyer shaking operation to solve some of the noise problems. Director Seumalo stated that he has had discussions with the operator but not about encapsulating the conveyer but would discuss this with him. Vice Chairperson O'Neal reiterated that these concerns need to be addressed. Sharon Galina, resident of Alberhill Ranch, stated that last week they crushed Monday through Friday night and suggested that they crush during the day and noted that they start at 2:30 a.m. to 8:00 a.m. and it is extremely noisy. She stated that OMR did a site visit in her area and they said they were surprised that there were houses built on the land, they told her when there is a reclamation done, OMR should have been notified and documents signed of before anything is to be built. She stated her concern that Nichols Road will become a haul road that trucks will be using all night long. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 4, 2011 Page 4 of 5 Pauline Terhani, resident of Alberhill Ranch, stated that she appreciates the questions that Vice Chairperson O'Neal and Commissioner Morsch have asked. She stated that the City has the authority to set hours and standards for the mine, particularly since the mine is in a residential area. She also stated that they have taken videos of the noise problem and of flooding. Director Seumalo did confirm that there was a water problem there, and explained that the water discharge is monitored by the Water Board that requires an Industrial Permit and noted that the City doesn't monitor Industrial Permits. Chris Hyland stated that she is the Commissioner on the Flood Control Board and stated that the Water Board is responsible for Industrial Permits, and not the City. She stated that she knows many residents that live in Alberhill Ranch and requested a copy of the mining's schedule. She also noted that she will be forwarding the video tapes of the noise issues and the flooding to the City. Pauline Terhani stated that the State is concerned that since the Alberhill Ranch school site is near the mine, there is concern regarding the concentration of methane and arsinic in the air near the school. City Attorney Leibold stated that she spoke directly to the Director of State Department of Toxic Substances who said that the presence of methane in open space is naturally occurring and is not hazardous and not considered a toxic substance and there are no safety issues to the residents. She also noted that if there is a presence of methane in an area where a school is being built, the Toxic Substance Control Division is directed to evaluate the area prior to the development. STAFF COMMENTS Director Seumalo stated that the Boat Launch project is moving along nicely, and provided the Capital Improvement Program update. City Manager Brady thanked the Commission and residents for attending the Mining Workshop and stated that the City takes the regulation of mining issues very seriously and thanked staff and the City Attorney for the presentation. Director Seumalo also stated that he would check with the Director of Cal Trans to find out the status for that intersection. PLANNING COMMISSIONER'S COMMENTS Commissioner Morsch thanked staff for putting the mining workshop together and noted that this is a very complex issue that goes back many years and deserves a lot of attention and appreciates bringing the community involved. He also noted that October is the National Breast Cancer Awareness month. Vice Chairperson O'Neal asked Director Seumalo if staff did a calculation on Ulmer Street and Gunnerson Avenue regarding the blind spot. Director Seumalo stated that staff cleared out the brush at that location and the Traffic Engineer assured him that this is what they wanted for the site distance. Vice Chairperson O'Neal stated that he is still concerned about the speed limit at this intersection, Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 4, 2011 Page 5 of 5 and said there was recently an accident on Riverside Drive and Gunnerson. He requested a stoplight be installed at this location. He stated that he has almost completed his second book "Night snap ". Chairperson Jordan thanked Director Seumalo and City Attorney Leibold for their presentation and for their patience with the audience. CITY ATTORNEY'S COMMENTS City Attorney Leibold thanked the Enviromine representative for supporting the City, and stated that she appreciated Vice Chairperson O'Neal's comments. Ar_1y &SIO Srihrd4►r1' .'� ITarh1NZllyd4, Ill i There being no further business to come before the Planning Commission, Chairperson Jordan adjourned the meeting at 7:31 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore to be held on Tuesday, October 18, 2011, at 6:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. A L 4 6A Shelly JqId Chairperson Attest: Yfobett A. Bra City Manager