HomeMy WebLinkAboutPC Reso No 2012-04 RESOLUTION NO. 2012 -04
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CONFIRMING A VESTED MINING RIGHT AND
APPROVING RECLAMATION PLAN NO. 2008 -01
WHEREAS, in 1975, the California Legislature adopted the Surface Mining and
Reclamation Act (Cal. Pub. Res. Code §§ 2710 et seq.: "SMARA to protect the
extraction of minerals as an essential element to the continued economic well -being of
the state; and
WHEREAS, SMARA generally requires surface mining operations to obtain a
surface mining permit and approved reclamation plan from the lead agency and to
provide financial assurances to implement the planned reclamation, but exempts certain
projects from the surface mining permit requirement based upon a vested mining right;
and
WHEREAS, Alberhill Southwest Shale Mine is part of a 3,457 acre mining site on
which mining operations have been ongoing since the early 1900s and was included
within the boundaries of Reclamation Plan 112 approved by the County of Riverside in
1978; and
WHEREAS, by approval of Reclamation Plan 112, the County of Riverside
acknowledged the vested mining use and the mining operator's intent to mine the. entire
3,457 acre property, recognizing that mining of such a large site would take place over
time and that once minerals were extracted from one area, the operator would move to
a new location within the site to pursue its mineral interests; and
WHEREAS, vested mining rights run with the land and inure to the benefit of
subsequent landowners; and
WHEREAS, Maruhachi Ceramics of America, Inc. (MCA), the successor in
interest and current owner /operator of the property, acquired the property with the intent
to mine consistent with RP 112 which previously covered the property and has
submitted an application for Reclamation Plan 2008 -01, generally located on the east
side of the 1 -15 Freeway between Nichols Road and Lake Street and commonly
identifiable as APNs 390 -210 -014, and -019 (the "Project "); and
WHEREAS, pursuant to Chapter 14.04 of the Lake Elsinore Municipal Code, the
Planning Commission of the City of Lake Elsinore has been delegated with the
responsibility of considering and approving, conditionally approving, or denying
Reclamation Plans; and
WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res.
Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et
seq.), Mitigated Negative Declaration No. 2008 -08 and the corresponding Mitigation
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Monitoring and Reporting Program were prepared to mitigate any potentially significant
environmental effects of the Project to a statistical level of insignificance; and
WHEREAS, public notice of the proposed vested rights determination and the
Project has been given, and the Planning Commission has considered evidence
presented by the Community Development Department and other interested parties at a
public hearing held with respect to this item on October 18, 2011 and January 17, 2012.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered and reviewed the
Project and based upon the staff report and testimony offered at the public hearing
confirms and determines a vested right to mine for the Alberhill Southwest Shale Mine.
SECTION 2. The Planning Commission has considered and reviewed the
Project and based upon the staff report and testimony offered at the public hearing finds
it acceptable. The Planning Commission finds and determines that the Project is
consistent with the Lake Elsinore Municipal Code and the provisions of the state
Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code §§ 2710 et seq.:
"S MARA").
SECTION 3.. That in accordance with Chapter 14.04 of the Lake Elsinore
Municipal Code, the Planning Commission makes the following findings for the approval
of Reclamation Plan No. 2008 -01:
1. The granting of the permit or approval of the plan will not be detrimental to the public
health, welfare or safety or injurious to the property in such zone or vicinity.
Approval of the Reclamation Plan will not be detrimental to the public health, welfare
or safety or injurious to neighboring properties given that the Reclamation Plan was
designed to minimize exposure of the mining and reclamation activities to the public.
The Project design encourages concentration of mining and reclamation activities
within the inner -most boundaries of the Project site and requires set backs
consistent with the Lake Elsinore Municipal Code. The Project has been conditioned
to comply with the Lake Elsinore Noise Ordinance and is subject to all enforcement
provisions of the Lake Elsinore Municipal Code. In addition, the potentially
significant environmental effects of the Project have been analyzed and have been
mitigated to a statistical level of insignificance pursuant to Mitigated Negative
Declaration 2008 -08 and the corresponding Mitigation Monitoring and Reporting
Program.
2. The Reclamation Plan complies with SMARA § 2772 and §2773, and any other
applicable provisions.
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Reclamation Plan 2008 -01 contains all of the required elements outlined in SMARA
§ 2772. The Reclamation Plan identifies the name and address of the surface
mining operator, the quantity and type of minerals to be extracted, proposed
initiation and termination dates, maximum anticipated depth of surface mining
operation, maps describing the' topographic details of the Project, a time schedule
for mining operations, a description of proposed use or potential uses after
reclamation, a description of reclamation, and an assessment of the effect of
implementation of the plan.
Additionally, Reclamation Plan 2006 -01 complies with the standards set forth in
SMARA § 2773 because the Reclamation Plan was drafted and tailored specifically
to the. Alberhill Southwest Shale Mine property.
3. The Reclamation Plan complies with applicable requirements of State regulations
(14 C.C.R. § §3500- 3505, and §§ 3700 - 3713).
Reclamation Plan No. 2008 -01 was reviewed pursuant to the State Mining and
Geology Board reclamation regulations. Title 14 of the California Code of
Regulations, Section 3502 identifies six elements which shall be discussed in a
Reclamation Plan. Those six elements include: the environmental setting of the s
site, the public health and safety, the designed steepness and proposed treatment of
mined lands' final slopes, areas mined to produce additional material for backfilling
and grading, disposition of old equipment, and temporary stream or watershed
diversion. Reclamation Plan No. 2008 -01 extensively discusses each of these
elements. The Reclamation Plan is designed to minimize impacts to the surrounding
community and environment. The Reclamation Plan satisfies all of the provisions of
the City's Surface Mining and Reclamation Chapter (Lake Elsinore Municipal Code
Chapter 14.04), which is the C ity's implementation of SMARA.
4. The Reclamation Plan and potential use of reclaimed land pursuant to the plan are
consistent with the Chapter 14.04 and the City's General Plan all other applicable
provisions of the Lake Elsinore Municipal Code.
According to the Lake Elsinore General Plan Land Use Element, the City is
experiencing significant growth opportunities in terms of new development and
redevelopment. A majority of the City's acreage is under construction, approved for
construction, or is planned for development. The Land Use Element encourages
future urbanization while preserving the environmental characteristics which
contribute to a quality of life that attracts residents to the community. Approval of
Reclamation Plan 2008 -01 assists the City's development goals and intent of the
Land Use Element by encouraging the extractive industry and enabling production of
necessary raw materials' to sustain future development within the City and
surrounding areas.
PLANNING COMMISSION RESOLUTION NO. 2012- 04
PAGE 4 OF 6
The Reclamation Plan is also consistent with the terms of the Open Space Element
of the General Plan. The primary focus of the Open Space Element is to encourage
conservation, protection and proper management of natural resources within the
City. The purpose of the Reclamation Plan is to reclaim, rehabilitate, and revegetate
areas that have been disturbed by mining activities.
Finally, the Project has been reviewed pursuant to the Lake Elsinore Municipal Code
Chapter 14.04 and is consistent with the standards set forth therein.
5. The Reclamation Plan has been reviewed pursuant to CEQA and the City's
environmental review guidelines, and all significant adverse impacts from
reclamation of the surface mining operations are mitigated to the maximum extent
feasible.
Pursuant to the CEQA and the CEQA Guidelines, Mitigated Negative Declaration
No. 2008 -08 and the corresponding Mitigation Monitoring and Reporting Program
were prepared for the Project. Implementation of the mitigation contained in those
documents will reduce any potentially significant environmental effects of the Project
to a statistical level of insignificance.
6. The land and /or resources such as water bodies to be reclaimed will be restored to a
condition that is compatible with, and blends in with, the surrounding natural
environment, topography, and other resources, or that suitable off -site development
will compensate for related disturbance to resource values.
The Project lies within the Alberhill Ranch Specific Plan and is subject to the zoning
requirements set forth therein. The grading , plan and anticipated schedule of
revegetation set forth in the Reclamation Plan are consistent with the underlying
zoning designations and encourage maximum use of the property. Any disturbance
to the land or other natural resources caused by mining activities will be rehabilitated
pursuant to the terms of the Reclamation Plan. The City Engineering Division has
conditioned the Project to maintain finished slopes of 2H:1 V, which is consistent with
engineering industry standards. Such slopes can safely abut commercial uses and
are less likely to fail when compared to steeper slopes. In . addition, the vegetation
palette includes native plants which will encourage the establishment and
proliferation of other native species.
7. The Reclamation Plan will restore the mined lands to a usable condition which is
readily adaptable for alternative land uses consistent with the General Plan and
r applicable resource plan.
Reclamation Plan 2008 -01 is designed to comply with the City's Surface Mining and
Reclamation policies set forth in the Lake Elsinore Municipal Code Chapter 14.04
PLANNING COMMISSION. RESOLUTION NO. 2012- 04
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and the Alberhill Ranch Specific Plan Amendment No. 3. Reclamation of the mined
lands will result in four developable pads along the 1 -15 Freeway extending north
and east, which is commercially zoned under the Alberhill Ranch Specific Plan
Amendment No. 3.
8. A written response to the State Department of Conservation has been prepared,
describing the disposition of major issues, raised by that Department. Where the
City's position is at a variance with the recommendations and objections raised by
the State Department of Conservation, said response shall address, in detail, why
specific comments and suggestions were not accepted.
On January 30, 2009, the City of Lake Elsinore Planning Department received
comments from the Department of Conservation regarding the Alberhill Southwest -
Shale Mine Reclamation Plan. Comments identified in that letter have been
incorporated into the Final Reclamation ,Plan and will be forwarded to the
Department of Conservation.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
r
PASSED, APPROVED AND ADOPTED this 17 day of January 2012, by the
following vote:
\,/) I apki
Shelly Jord- , - airperson
City of Lake Elsinore
TT ST:
Warren Morelion, AICP
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2012- 04
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE
I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2012 -04 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 17 day of January 2012, and
that the same was adopted by the following vote:
AYES: CHAIRPERSON JORDAN, COMMISSIONER BLAKE, COMMISSIONER
GONZALES, COMMISSIONER MORSCH
NOES: VICE CHAIRPERSON O'NEAL
ABSENT: NONE
ABSTAIN: NONE
Warren Morelion, AICP
Planning Manager
RECLAMATION PLAN NO. 2008-01 AND
MITIGATED NEGATIVE DECLARATION NO. 2008 -08
FOR ALBERHILL SOUTHWEST SHALE MINE
MINE OPERATIONS SUMMARY
Area to be Mined - 52 acres of 86 -acre property site
Length of Operations —15 years
Days of Operations — Monday through Friday; no operations on Saturdays, Sundays, and
holidays
Hours of Operations — 7 am to 7 pm; 5 pm in winter. No operations after dark.
Employees — 4 to 8
Process Plant - Portable crushers and screens, shale impactor, construction trailer office,
scale and portable water tank.
Equipment —1 or 2 dozers, haul trucks, and loaders. One grader and water truck.
Production — Clay up to 46,000 tons per year; rock up to 115,000 tons per year
Trucks Trips — 60 round trips per day; 6 round trips in peak hours
CONDITIONS OF APPROVAL AND MITIGATION MEASURES FOR MINE
OPERATIONS PREPARED BY CITY STAFF
The following 61 of the 76 Conditions of Approval must be complied with by the Operator
during mine operations: 1, 5 — 12; 13A, F, G, H, J; 14 -19; 21 -25; 28, 30, 32 -34; 36- 41; 43-
51; 53 -67; and 70 -76. Note that most of the conditions are required for both mine operations
and reclamation.
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim,
action, or proceeding against the City, its Officials, Officers, Employees or Agents to
attach, set aside, void, or annul an approval of the City, its advisory agencies,
appeal boards, or legislative body concerning the Residential Design Review
projects attached hereto.
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Planning Commission Approved
January 17, 2012
PLANNING DIVISION
5. The proposed project shall comply with the zoning and development standards
identified in the Alberhill Ranch Specific Plan and corresponding amendments
thereto.
6. Truck Maintenance. All trucks exiting the Alberhill Southwest Shale Mine project
site shall be washed and rattled to prevent materials from spilling onto adjacent roads
and streets.
7. The Applicant shall submit a temporary wall and fence plan for screening purposes
subject to the review and approval of the Community Development Director or
Designee.
8. The Applicant shall place a weatherproof 3'x3' sign at the entrance to the project site
identifying the approved days and hours of operation and a statement that complaints
regarding the operations of the mining project be lodged with the City of Lake
Elsinore Code Enforcement Division, which can be reached at (951) 674 -3124.
9. Air and Water Pollution. All operations shall be conducted in compliance with the
rules, regulations, and requirements of the South Coast Air Quality Management
._, District and the State Water Quality Control Board. Applicant shall provide to the
Community Development Director or Designee a copy of any and all permits secured
on behalf of the Applicant from either South Coast Air Quality Management District
and /or the State Water Quality Control Board.
10. Noise Suppression.
A. All equipment and premises employed in conjunction with any of the uses
identified in the Reclamation Plan shall be constructed, operated and
maintained in accordance with Lake Elsinore Municipal Code Section 17.78.
B. Those standards for noise suppression, set forth in Chapter 17.78 of the
LEMC, which apply to construction activities shall apply to activities
undertaken pursuant to the Reclamation Plan.
C. The project shall not exceed the maximum permissible sound levels by
receiving land use set forth in Chapter 17.78 Section .060 of the Lake Elsinore
Municipal Code. During those times not restricted in Section 17.78.060 of the
Lake Elsinore Municipal Code, the project shall not exceed an exterior noise
standard of 60 dB Ldn at the outer project boundary adjacent to residential
and other sensitive land uses.
D. The Applicant shall submit a "Noise Control Plan" identifying anticipated
operating noise levels at the outer project boundaries. The Noise Control I.
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Planning Commission Approved
January 17, 2012 -
--, Plan shall ensure adequate operating noise control measures through the
provision of mufflers and the physical separation of machinery and
maintenance areas from adjacent residential uses and other sensitive land
uses. The Noise Control Plan shall be subject to the review and approval of
the Community Development Director or Designee.
11. Hours of Operation. The Applicant shall limit mining and reclamation operations to
the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. No mining or
reclamation operations shall occur on Legal Holidays.
12. Light. All exterior on -site lighting shall be shielded and directed on -site so as not to
create glare onto neighboring property and streets or allow illumination above the
horizontal plane of the fixture.
13. Biology /Habitat
A. Nesting Surveys. The Applicant shall conduct pre - grading nesting bird
surveys in any areas where earth - moving is to occur within the nesting
season (February 1 through August 31), and in areas where there is
sufficient habitat to promote nesting.
F. Contractor Education. Prior to commencement of grading activities, the
Superintendent shall be familiar with the Reclamation Plan, Mitigation
Monitoring and Reporting Plan, and the Conditions of approval and shall
ensure that all contractors are in compliance with the requirements of
those documents at all times.
G. Access Control. The Applicant shall delineate the service access routes
to keep the contractors within these routes as well as prevent them from
entering sensitive or recently reclaimed areas.
H. Water Quality. No debris, soil, silt, sand, rubbish, cement or concrete or
washings thereof, oil or petroleum products or washings thereof, shall be
allowed to enter into or be placed in a manner where it may be washed via
rainfall or run -off into local creeks. Further, the Applicant shall comply with
the requirements of NPDES by implementing a SWPPP that incorporates
BMPs and a Spill Prevention, Control and Counter - measure Plan (SPCC)
throughout the operation of all reclamation activities.
J. Mining. The Applicant shall comply with the provisions of Lake Elsinore
Municipal Code Section 14.04 with regard to inspection of the surface
mining operation.
7 14. The Applicant shall comply with all mitigation and recommendations identified in
the Mitigation Monitoring Program which accompany Mitigated Negative
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Planning Commission Approved
January 17, 2012
II
Declaration No. 2008 -08.
ENGINEERING DIVISION
15. The Applicant shall provide detention and desiltation basin sized to detain the
increase in the 100 year storm flow between the developed and undeveloped site
conditions.
16. The slope on the north and east sides of the project shall be improved with long -term
erosion control planting.
17. Sight distance for ingress /egress at all driveways shall meet CalTrans standard for
site distance.
18. Parking shall not be allowed on Public Roads or Lake Street.
19. Provide for on -site loading and unloading of inventory.
21. All temporary access private roadway improvements shall be installed prior to the
export of on -site material.
22.. The Applicant shall pay any required plan review and site inspection fees.
23. Applicant shall acquire off -site easements as needed.
24. Prior to the export of on -site material, the Applicant shall install a city standard public
street light-at the project entrance subject to the review and approval of the City
Engineer.
25. Prior to the export of on -site material, the Applicant shall submit a traffic control plan
showing all traffic control systems for the project to be approved by the City Engineer
or his /her Designee. All traffic control systems shall be installed prior to export of
onsite material.
28. Slopes of Excavations. No production from an open pit quarry shall be permitted
which creates a post mining slope steeper than two foot (2') horizontal to one foot (1')
vertical, unless otherwise approved by the City Engineer. Provided, however, that a
steeper slope may be permitted during mining operations where soil content or
material is such that a vertical -cut excavation is safe in the opinion of the Division of
Industrial Safety, Department of Industrial Relations of the State of California and
such opinion shall be memorialized in writing and submitted to the City for approval
by the City Engineer.
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Planning Commission Approved
January 17, 2012
30. Prior to the export of on -site material, the Applicant shall provide the City a
photographic baseline record of the condition of all proposed public City haul roads.
In the event of damage to such roads, Applicant shall pay full cost of restoring public
roads to the baseline condition. A bond may be required to ensure payment of
damages to the public right -of -way, subject to the approval of the City Engineer.
32. All natural drainage traversing the site shall be conveyed through the site, or shall be
collected, conveyed and released consistent with historic flows and patterns as
described in the approved Reclamation Plan.
33. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section
15.64 regarding flood hazard regulations.
34. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section
15.68 regarding flood plain management.
36. Private storm drain inlet facilities shall be appropriately marked to prevent illegal
dumping in the drain system consistent with the standards established by the Santa
Ana Regional Water Quality Control Board.
37. Historic flow patterns & rates shall be preserved. 10 -year storm runoff shall be
contained within the curb and the 100 -year storm runoff shall be contained with the
street right -of -way. When either of these criteria is exceeded, drainage facilities shall
be installed.
38. In the event historic storm flows are exceeded or reduced, the Applicant shall submit
a drainage acceptance letter from adjacent downstream property owner(s) for out-
letting the proposed storm water run-off on private property prior to discharge of
storm water run -off.
39. Applicant shall install BMP's using the best available technology to mitigate any
urban pollutants from entering the watershed. The operator shall prevent trackout
onto public highways. If trackout occurs, the operator shall take preventative and
remedial measures immediately.
40. The Applicant shall comply with State Law and provide a SWPPP for construction
and post construction which describes BMP's that will be implemented for the
development and including maintenance responsibilities. The owner operator can
comply by submitting a "Notice of Intent" (NOI), develop and implement a Storm
Water Pollution Prevention Plan (SWPPP) a monitoring program and reporting plan
for the surface mine site.
41. Education guidelines and BMP's shall be provided to employees of the development
in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education materials on best construction and operation practices that
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Planning Commission Approved
January 17, 2012
-- contribute to protection of stormwater quality and meet the goals of the BMP in
Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.
43. At the time the county adopts, as part of any ordinance, regulations specific to the
N.P.D.E.S., this project (or subdivision) shall comply with them.
44. All on -site Roads and Driveways. BMPS, established by the South Coast Air
Quality Management District, shall be implemented and all roads and driveways shall
be kept wet while being used or shall be treated with oil, asphaltic concrete or
concrete, or other palliative to prevent the emission of dust.
45. Access Roads. All private access roads leading off any paved public street onto the
Alberhill Southwest Shale Mine project site shall be paved to a minimum width of
twenty four feet (24') with asphaltic concrete or an equivalent material approved by
the City Engineer or Designee, not Tess than three inches in thickness with adequate
compacted base material for not less than the first one hundred feet (100') of said
access road.
46. ` Intersection site distance shall meet the design criteria of the CALTRANS Design
Manual (particular attention should be taken for intersections on the inside of curves).
A special limited use easement must be recorded to limit the slope, type of
landscaping and wall placement to preserve adequate site distance.
47. Intersecting streets on the inside radius of a curve will only be permitted when
adequate sight distance is verified by a registered civil engineer.
48. Existing access easements over property must be addressed to the satisfaction of
the affected owners prior to export of on -site material.
49. In accordance with the City's Franchise Agreement for waste disposal and recycling,
the Applicant shall be required to contract with CR &R, Inc., for removal and disposal
of all waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
50. All applicable fees for inspection with respect to the mining operation shall be paid
directly to the City of Lake Elsinore. Copies of these documents shall be provided to
the Engineering Division for the City of Lake Elsinore to be kept in the project files.
51. Safety Berm. A four (4) foot, minimum vertical height, safety berm, shall be installed
at the top of all cut/fill slopes at least three (3) feet in width.
53. Signage
A. Signs shall be installed at the top of all manufactured slopes (cut or fill), at
intervals not greater than 100 linear feet.
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Planning Commission Approved
January 17, 2012
11 II _
B. Each sign shall read "DANGER" "OPEN PIT MINE" "STEEP SLOPE ". Signs
shall be at least 18" X 18" square with contrasting background to lettering.
(i.e.: white background and black lettering).
C. Perimeter signs around the approved Reclamation Plan or Surface Mine
boundaries shall be installed with contrasting lettering /background warning of
"DANGER" "KEEP OUT" and "MINERAL RESOURCE ZONE" or "SURFACE
MINING OPERATION ".
54. Trash & Debris Removal. The parcel(s) where the mine is located shall be kept
free of trash (including old tires) and other debris. There shall be no importing of
recyclable materials or construction debris without a specific permit for that activity.
55. Contractor Equipment Storage. All non- mining equipment must be stored in a
designated area permitted for "Contractor Storage." A "Contractor Storage" permit
must be obtained from the Planning Department prior to storage of any non - mining
equipment.
56. Vehicle Storage. There shall be no storage of passenger vehicles, campers, travel
trailers or other personal property that is not related directly to the mining of minerals
at this site.
57. Temporary/Portable Office. Temporary/portable office trailers are permitted
provided they are installed after a building permit is obtained. Other structures for
night watchman security must be installed or constructed by building permit.
58. Importing Concrete & AC. There shall be no importing and /or storage of used
concrete, asphalt or other inert construction materials for recycling without the
specific approval of the Planning Division.
59. Importing /Storing of Vegetation. There shall be no importing and /or storage of any
cut vegetation without specific approval of the Planning Division (Environmental).
61. Property Line Setbacks. There shall be a graded setback from all property lines of
not less than 10 feet from all cut/fill slopes per the approved Reclamation Plan.
62. In all other areas within the boundaries of the Alberhill Southwest Shale Mine, the
provisions of Lake Elsinore Grading Ordinance shall be followed unless modified by
these conditions.
63. Building /Grading Permits. The provisions of the City of Lake Elsinore Grading
Ordinance shall be enforced for all construction within the Alberhill Southwest Shale
Mine project site boundaries unless specifically regulated by another approved
condition of the Reclamation Plan.
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Planning Commission Approved
January 17, 2012
64. Annual Report Information. The Applicant shall submit to the Engineering Division
with the annual report the following information:
A. Indicate mine proximity to the permit boundaries by topography;
B. Indicate maximum depth of excavated areas;
C. Provide quantity in cubic yards and tons of materials mined during the
reporting period;
D. Certify all excavated areas are within the limits of the vested Surface Mining
Permit and RP 112 issued by the County of Riverside, and the Reclamation
Plan approved by the City of Lake Elsinore;
E. Provide data indicating any reclaimed land during the reporting period;
F. A certified engineering geologist or geotechnical engineer shall inspect all
excavated slopes within the permitted boundaries (active or inactive) for slope
stability. The Applicant shall provide to the City Engineer a copy of the
inspection report.
G. NOTE: At least every three years of operation, the Applicant shall provide to
Engineering, aerial topography showing incremental and total changes to
excavations. This will include cross - sectional maps showing berms, slope
angles and benches of all excavations.
65. Public Improvements that require grading, filling, over excavation and recompaction,
and base or paving which requires a grading permit, are subject to the included
Engineering Division's conditions of approval. Furthermore, all Reclamation Plan
grading shall conform to the approved Reclamation Plan.
66. NPDES /SWPPP. The Applicant shall provide to the Engineering Division evidence
of compliance with the following:. "Effective March 10, 2003 owner operators of
grading or construction projects are required to comply with the N.P.D.E.S. (National
Pollutant Discharge Elimination System) requirement to obtain coverage under the
general industrial permit from the State Water Resource Control Board (SWRCB).
The permit requirement applies to grading and construction sites of one acre or
larger.
67. The applicant shall be subject to a minimum of one annual storm water compliance
inspection by City staff.
70. Slope Stability Analysis. A slope stability report including surficial and geological
characteristics shall be submitted in the annual report to the City Engineer.
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Planning Commission Approved
January 17, 2012
u II
71. Drainage Design Q100. Any public drainage facilities shall be designed in
accordance with Riverside County Flood Control & Water Conservation District's
standards, and shall at a minimum, accommodate 100 -year storm flows.
Additionally, Engineering Division conditional approval of this application includes an
expectation that the Reclamation Plan reviewed and approved complies with any
WQMP (Water Quality Management Plan) required by the Regional Water Quality
Control Board for urban development pollutants.
72. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on
portland- cement concrete where 0.5% shall be the minimum.
73. Slope Setbacks. All excavated or graded slopes shall have setbacks from buildings
and property lines per the standards contained in the Reclamation Plan.
74. Private Roads. Construction of a private road shall conform to the approved
Reclamation Plan.
75. Update Financial Assurance. The applicant shall comply with the provisions of the
Lake Elsinore Municipal Code Section 14.04.140 regarding Financial assurances.
76. NOTE: At least every three years of operation, the Applicant shall provide the City of
Lake Elsinore Engineering Division with aerial topography showing incremental and
total changes to excavations. This will include cross - sectional maps showing berms,
slope angles and benches of all excavations.
RECLAMATION PLAN SUMMARY
Area to be Reclaimed - 52 acres of 86 -acre property site
Length of Reclamation - 2 years
Reclamation Activities — Approx. one month for removal of equipment, grading and sloping,
construction of erosion control measures, and revegetation. Monitoring and remediation of
revegetation for two years or until site developed.
Days of Operations — Monday through Friday; no reclamation activities on Saturdays,
Sundays, and holidays
Hours of Operations — 7 am to 7 pm; 5 pm in winter. No operations after dark.
Employees — 4
Production — Not Applicable
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Planning Commission Approved
January 17, 2012
- i
Trucks Trips — Not applicable; equipment transport and employees only
CONDITIONS OF APPROVAL AND MITIGATION MEASURES FOR RECLAMATION
PLAN PREPARED BY CITY STAFF
The following 62 of 76 Conditions of Approval must be complied with by the Operator for
reclamation of the site: 1-4; 6; 9 -20; 22; 26 -29; 31-44; 49 -57; and 59 -76. Note that most of
the conditions are required for both mine operations and reclamation.
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim,
action, or proceeding against the City, its Officials, Officers, Employees or Agents to
attach, set aside, void, or annul an approval of the City, its advisory agencies,
appeal boards, or legislative body concerning the Residential Design Review
projects attached hereto.
PLANNING DIVISION
2. Approval of the Reclamation Plan will lapse and be void unless reclamation activity
is initiated within one (1) year after the completion of mining activity as provided in
the Reclamation Plan. The Applicant may request from the Planning Commission
an extension of time on the Reclamation Plan so long as the request is submitted to
the Planning Department at least one (1) month prior to the expiration of the
originally approved Reclamation Plan. The Planning Commission shall consider
the extension request at a public hearing. No extension of time shall exceed a
period of one (1) year.
3. All conditions of approval shall be reproduced in Appendix C of the Reclamation
Plan within fifteen (15) days after approval by the Planning Commission. The
Applicant shall sign and complete an "Acknowledgement of Conditions" form within
30 days of approval of the Reclamation Plan by the Planning Commission and shall
return the executed original to the Planning Division for inclusion in the case
records.
4. All site improvements approved with this request shall be constructed as indicated
on the approved Reclamation Plan. Revisions to approved plans shall be subject to
the review and approval of the Planning Commission except as otherwise noted in
these conditions.
6. Truck Maintenance. All trucks exiting the Alberhill Southwest Shale Mine project
site shall be washed and rattled to prevent materials from spilling onto adjacent roads
and streets.
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Planning Commission Approved
January 17, 2012
9. Air and Water Pollution. All operations shall be conducted in compliance with the
rules, regulations, and requirements of the South Coast Air Quality Management
District and the State Water Quality Control Board. Applicant shall provide to the
Community Development Director or Designee a copy of any and all permits secured
on behalf of the Applicant from either South Coast Air Quality Management District
and /or the State Water Quality Control Board.
10. ' Noise Suppression.
A. All equipment and premises employed in conjunction with any of the uses
identified in the Reclamation Plan shall be constructed, operated and
maintained in accordance with Lake Elsinore Municipal Code Section 17.78.
B. Those standards for noise suppression, set forth in Chapter 17.78 of the
LEMC, which apply to construction activities shall apply to activities
undertaken pursuant to the Reclamation Plan.
C. The project shall) not exceed the maximum permissible sound levels by
receiving land use set forth in Chapter 17.78 Section .060 of the Lake Elsinore
Municipal Code. During those times not restricted in Section 17.78.060 of the
Lake Elsinore Municipal Code, the project shall not exceed an exterior noise
standard of 60 dB Ldn at the outer project boundary adjacent to residential
and other sensitive land uses.
D. The Applicant shall submit a "Noise Control Plan" identifying anticipated
operating noise levels at the outer project boundaries. The Noise Control
Plan shall ensure adequate operating noise control measures through the
provision of mufflers and the physical separation of machinery and
maintenance areas from adjacent residential uses and other sensitive land
uses. The Noise Control Plan shall be subject to the review and approval of
the Community Development Director or Designee.
11. Hours of Operation. The Applicant shall limit mining and reclamation operations to
the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. No mining or
reclamation operations shall occur on Legal Holidays.
12. Light. All exterior on -site lighting shall be shielded and directed on -site so as not to
create glare onto neighboring property and streets or allow illumination above the
horizontal plane of the fixture.
13. Biology /Habitat
A. Nesting Surveys. The Applicant shall conduct pre- grading nesting bird
surveys in any areas where earth- moving is to occur within the nesting
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Planning Commission Approved
January 17, 2012
11 I
•
1-7 season (February 1 through August 31), and in areas where there is
sufficient habitat to promote nesting.
B. Revegetation. The Applicant shall hydro -seed the re- created slopes with
a native erosion control seed mix as well as include native trees and
shrubs from container plantings. Further, the Applicant shall plant a native
wildflower mix on the lower elevations within the pad areas.
•
C. Irrigation. Once hydro- seeding has occurred, the Applicant shall be
responsible for supplying sufficient irrigation to adequately germinate and
establish the applied seed, particularly during the first winter and spring
following planting. The container stock shall be irrigated as long as
necessary to establish the root systems in the native soils, possibly as
long as one to two years. Areas where inadequate seed establishment
has taken place shall be re- sprayed or re- seeded within 30 days of
identifying the inadequacy.
D. Plant Replacement. The Applicant shall be responsible for replacing any
dead or terminally diseased plants until the final success criteria have
been met. The replacement plants shall be of the same species, size, and
spacing as those plant species being replaced.
E. Non - Native Plants. The Applicant shall initially remove all non - native
invasive species on the reclamation site. No area shall be allowed to have
more than twenty percent (20 %) of the ground cover provided by non -
native plants. If inspections reveal that non - native plants are becoming
established on the reclamation site, removal shall immediately be initiated.
F. Contractor Education. Prior to commencement of grading activities, the
Superintendent shall be familiar with the Reclamation Plan, Mitigation
Monitoring and Reporting Plan, and the Conditions of approval and shall
ensure that all contractors are in compliance with the requirements of
those documents at all times.
G. Access Control. The Applicant shall delineate the service access routes
to keep the contractors within these routes as well as prevent them from
entering sensitive or recently reclaimed areas.
H. Water Quality. No debris, soil, silt, sand, rubbish, cement or concrete or
washings thereof, oil or petroleum products or washings thereof, shall be
allowed to enter into or be placed in a manner where it may be washed via
rainfall or run -off into local creeks. Further, the Applicant shall comply with
the requirements of NPDES by implementing a SWPPP that incorporates
BMPs and a Spill Prevention, Control and Counter - measure Plan (SPCC)
throughout the operation of all reclamation activities.
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Planning Commission Approved
January 17, 2012
I. Clean Up. All clean -up operations shall be conducted within one year of
the termination of mining. Scrap material, refuse, unwanted equipment,
and surplus materials shall be removed and disposed of at an appropriate
landfill site.
14. The Applicant shall comply with all mitigation and recommendations identified in
the Mitigation Monitoring Program which accompany Mitigated Negative
Declaration No. 2008 -08.
ENGINEERING DIVISION
15. The Applicant shall provide detention and desiltation basin sized to detain the
increase in the 100 year storm flow between the developed and undeveloped site
conditions.
16. The slope on the north and east sides of the project shall be improved with long -term
erosion control planting.
17. Sight distance for ingress /egress at all driveways shall meet CalTrans standard for
site distance.
18. Parking shall not be allowed on Public Roads or Lake Street.
19. Provide for on -site loading and unloading of inventory.
20. Public Works requirements identified in the approved Reclamation Plan shall be
complied with as a condition of the Reclamation Plan.
22. The Applicant shall pay any required plan review and site inspection fees.
26. Approval of the Reclamation Plan shall constitute conceptual grading plan approval.
27. All soils, geology and seismic reports are contained in the Reclamation Plan and
shall be reviewed and approved by the City Engineering Division prior to the export of
on -site material.
28. Slopes of Excavations. No production from an open pit quarry shall be permitted
which creates a post mining slope steeper than two foot (2') horizontal to one foot (1')
vertical, unless otherwise approved by the City Engineer. Provided, however, that a
steeper slope may be permitted during mining operations where soil content or
material is such that a vertical - cut excavation is safe in the opinion of the Division of
Industrial Safety, Department of Industrial Relations of the State of Califomia and
such opinion shall be memorialized in writing and submitted to the City for approval
by the City Engineer.
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Planning Commission Approved
January 17, 2012
29. All grading for reclamation purposes shall be done under the supervision of a
geotechnical engineer. All slopes steeper than 2 to 1 shall be approved by the City
Engineer for stability and proper erosion control prior to the export of on -site material.
All manufactured slopes greater than 30 feet in height shall comply with City
Standards requiring a six foot (6') bench for every 30 vertical feet of slope. Said
slopes shall be re- landscaped in accordance with the Reclamation Plan Habitat
Mitigation and Monitoring) Plan. .
31. Individual lot drainage shall be conveyed to a detention /treatment facility as depicted
in the Reclamation Plan.
32. All natural drainage traversing the site shall be conveyed through the site, or shall be
collected, conveyed and released consistent with historic flows and patterns as
described in the approved Reclamation Plan.
33. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section
15.64 regarding flood hazard regulations.
34. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section
15.68 regarding flood plain management.
35. Applicant shall submit Hydrology and Hydraulic Reports for review and approval by
City Engineer. Applicant shall mitigate any flooding and /or erosion caused by
reclamation of the site and diversion of drainage consistent with standards
established by the Riverside County Flood Control District.
36. Private storm drain inlet l facilities shall be appropriately marked to prevent illegal
dumping in the drain system consistent with the standards established by the Santa
Ana Regional Water Quality Control Board.
37. Historic flow patterns & rates shall be preserved. 10 -year storm runoff shall be
contained within the curb and the 100 -year storm runoff shall be contained with the
street right -of -way. When either of these criteria is exceeded, drainage facilities shall
be installed.
38. In the event historic storm flows are exceeded or reduced, the Applicant shall submit
a drainage acceptance letter from adjacent downstream property owner(s) for out -
letting the proposed storm water run -off on private property prior to discharge of _
storm water run -off.
39. Applicant shall install BMP's using the best available technology to mitigate any
urban pollutants from entering the watershed. The operator shall prevent trackout
onto public highways. If', trackout occurs, the operator shall take preventative and
remedial measures immediately.
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Planning Commission Approved
January 17, 2012
l
40. The Applicant shall comply with State Law and provide a SWPPP for construction
and post construction which describes BMP's that will be implemented for the
development and including maintenance responsibilities. The owner operator can
comply by submitting a', "Notice of Intent" (NOI), develop and implement a Storm
Water Pollution Prevention Plan (SWPPP) a monitoring program and reporting plan
for the surface mine site.,
41. Education guidelines and BMP's shall be provided to employees of the development
in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education materials on best construction and operation practices that
contribute to protection of stormwater quality and meet the goals of the BMP in
Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.
42. Applicant shall construct ',the storm water detention facility per the Reclamation Plan
and utilize BMP's that will reduce storm water erosion the temporary Reclamation
Plan areas.
43. At the time the county adopts, as part of any ordinance, regulations specific to the
N.P.D.E.S., this project (or subdivision) shall comply with them.
44. All on -site Roads and Driveways. BMPS, established by the South Coast Air
Quality Management District, shall be implemented and all roads and driveways shall
be kept wet while being used or shall be treated with oil, asphaltic concrete or
concrete, or other palliative to prevent the emission of dust.
49. In accordance with the City's Franchise Agreement for waste disposal and recycling,
the Applicant shall be required to contract with CR &R, Inc., for removal and disposal
of all waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
50. All applicable fees for inspection with respect to the mining operation shall be paid
directly to the City of Lake Elsinore. Copies of these documents shall be provided to
the Engineering Division for the City of Lake Elsinore to be kept in the project files.
51. Safety Berm. A four (4) foot, minimum vertical height, safety berm, shall be installed
at the top of all cut/fill slopes at least three (3) feet in width.
52. Benches & Slopes
A. During the Reclamation operation, benches and slopes shall be installed
according to the approved Reclamation Plan.
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Planning Commission Approved
January 17, 2012
B. Working slopes below benches shall not be steeper than 1 H:1 V. Finished
slopes shall not 'exceed 2H:1V, unless otherwise approved by the City
Engineer.
53. Signage
A. Signs shall be installed at the top of all manufactured slopes (cut or fill), at
intervals not greater than 100 linear feet.
B. Each sign shall read "DANGER" "OPEN PIT MINE" "STEEP SLOPE ". Signs
shall be at least 18" X 18" square with contrasting background to lettering.
(i.e.: white background and black lettering).
C. Perimeter signs around the approved Reclamation Plan or Surface Mine
boundaries shall be installed with contrasting lettering /background waming of
"DANGER" "KEEP OUT" and "MINERAL RESOURCE ZONE" or "SURFACE
MINING OPERATION ".
54. Trash & Debris Removal. The parcel(s) where the mine is located shall be kept
free of trash (including old tires) and other debris. There shall be no importing of
recyclable materials or construction debris without a specific permit for that activity.
55. Contractor Equipment Storage. All non - mining equipment must be stored in a
designated area permitted for "Contractor Storage." A "Contractor Storage" permit
must be obtained from the Planning Department prior to storage of any non - mining
equipment.
56. Vehicle Storage. There shall be no storage of passenger vehicles, campers, travel
trailers or other personal property that is not related directly to the mining of minerals
at this site.
57. Temporary/Portable Office. Temporary/portable office trailers are permitted
provided they are installed after a building permit is obtained. Other structures for
night watchman security must be installed or constructed by building permit.
59. Importing /Storing of Vegetation. There shall be no importing and /or storage of any
cut vegetation without specific approval of the Planning Division (Environmental).
60. Annual Financial Assurance Review.
A. Each year after the 1st year of land disturbed under the Reclamation Plan, the
Applicant shall review the financial assurance on file with the City of Lake
Elsinore.
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Planning Commission Approved
January 17, 2012
-- B. , The Applicant shall submit a written report to the Engineering Division
indicating any changes to disturbed land or other conditions that could
increase or decrease the amount of financial assurance. This report shall also
indicate the financial assurance has been reviewed and include a new cost
estimate if needed as described below.
C. After the financial assurance review, if the total dollar amount indicates an
increase or decrease of more or less than five (5) percent of the financial
assurances on file, the Applicant shall submit a new cost estimate to the
Engineering Division taking into consideration all information addressed in the
Califomia Resources Code section 2773.1 (a) (3) using the forms provided by
the Califomia Department of Conservation's intemet web site.
D. At least every five (5) years after the initial land is disturbed, the Applicant
must submit a new cost estimate taking into consideration all information
addressed in the California Resources Code section 2773.1 (a) (3) using the
forms provided by the California Department of Conservation's internet web
site.
61. Property Line Setbacks! There shall be a graded setback from all property lines of
not Tess than 10 feet from all cut/fill slopes per the approved Reclamation Plan.
62. In all other areas within the boundaries of the Alberhill Southwest Shale Mine, the
provisions of Lake Elsinore Grading Ordinance shall be followed unless modified by
these conditions.
63. Building /Grading Permits. The provisions of the City of Lake Elsinore Grading
Ordinance shall be enforced for all construction within the Alberhill Southwest Shale
Mine project site boundaries unless specifically regulated by another approved
condition of the Reclamation Plan.
64. Annual Report Information. The Applicant shall submit to the Engineering Division
with the annual report the following information:
A. Indicate mine proximity to the permit boundaries by topography;
B. Indicate maximum depth of excavated areas;
C. Provide quantity in cubic yards and tons of materials mined during the
reporting period;
D. Certify all excavated areas are within the limits of the vested Surface Mining
Permit and RP 112 issued by the County of Riverside, and the Reclamation
Plan approved by the City of Lake Elsinore;
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Planning Commission Approved
January 17, 2012
E. Provide data indicating any reclaimed land during the reporting period;
F. A certified engineering geologist or geotechnical engineer shall inspect all
excavated slopes within the permitted boundaries (active or inactive) for slope
stability. The Applicant shall provide to the City Engineer a copy of the
inspection report.
G. NOTE: At least every three years of operation, the Applicant shall provide to
Engineering, aerial topography showing incremental and total changes to
excavations. This will include cross - sectional maps showing berms, slope
angles and benches of all excavations.
'65. Public Improvements that require grading, filling, over excavation and recompaction,
and base or paving which requires a grading permit, are subject to the included
Engineering Division's conditions of approval. Furthermore, all Reclamation Plan
grading shall conform to the approved Reclamation Plan.
66. NPDES /SWPPP. The Applicant shall provide to the Engineering Division evidence
of compliance with the following: "Effective March 10, 2003 owner operators of
grading or construction projects are required to comply with the N.P.D.E.S. (National
Pollutant Discharge Elimination System) requirement to obtain coverage under the
general industrial permit from the State Water Resource Control Board (SWRCB).
The permit requirement a pplies to grading and construction sites of one acre or
larger.
67. The applicant shall be subject to a minimum of one annual storm water compliance
inspection by City staff.
68. Geotechnical /Soils Reports. All grading shall be in conformance with the
recommendations of the geotechnical /soils reports as approved by the City Engineer
and as integrated into the Reclamation Plan.
69. Max Slope Ratio. Graded slopes shall be limited to 2H:1 V unless otherwise
approved by the City Engineer.
70. Slope Stability Analysis. A slope stability report shall be submitted in the annual
report to the City Engineer.
71. Drainage Design Q100 Any public drainage facilities, shall be designed in
accordance with Riverside County Flood Control & Water Conservation District's
standards, and shall at a minimum, accommodate 100 -year storm flows:
Additionally, Engineering Division conditional approval of this application includes an
expectation that the Reclamation Plan reviewed and approved complies with any
WQMP (Water Quality Management Plan) required by the Regional Water Quality
Control Board for urban development pollutants.
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Planning Commission Approved
January 17, 2012
72. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on
portland cement concrete where 0.5% shall be the minimum.
73. Slope Setbacks. All excavated or graded slopes shall have setbacks from buildings
and property lines per the standards contained in the Reclamation Plan.
74. Private Roads. Construction of a private road shall conform to the approved
Reclamation Plan.
75. Update Financial Assurance. The applicant shall comply with the provisions of the
Lake Elsinore Municipal Code Section 14.04.140 regarding Financial assurances.
76. NOTE: At least every three years of operation, the Applicant shall provide the City of
Lake Elsinore Engineering Division with aerial topography showing incremental and
total changes to excavations. This will include cross - sectional maps showing berms,
slope angles and benches of all excavations.
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Planning Commission Approved
January 17, 2012