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HomeMy WebLinkAboutItem No. 1bPage 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 Chairperson Jordan Vice Chairperson O'Neal Commissioner Gonzales Commissioner Morsch Also present: City Manager Brady, Leibold. malo, City Attorney 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. PC October 18, 2011 Item No. 1 b Page 1 of 5 1. Mining Workshop 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 th the Commission. Chairperson O'Neal asked who determines how It l , reclaimed. Director Seumalo stated the lead agency determines throug,��% review of the permit process as well as the Office of Mine Reclamation ° City Attorney Leibold explained vested minin asked what properties do not have vested rl that while looking at the map, cannot identify isn't part of a pre- existing vesting mining rig And Reclamation Act (SMARA) was enacted January 1, 1976. Therefore, alb & mining op permit but not a permit under SMARA or had had an investment in reliance on th©se'on =g, the intent to mine are not requirecfKto a 'n Commissioner Morsch eskked what happens i can remain idle. CIAtto�ex Leibold stated so many of the m� operfons cover large to abandon, them is Ip fixed dumber of years g nghrts °� Vice C(�alrperson O'Neal ghts. City Attorne TO old stated any existing mining operation that Wand, noted that the State Mining in x'1,975 and became operative in eratidns:.,that had obtained a prior engaged Ip mining operations and oing operatidins had not abandoned ew ,mining` permit under SMARA. f a vested map goes idle for years, that:it is not date specific because acreage and whether there is intent that defines that intent to abandon. Director S,eurI�J WYROC „vuorking as a recycling plant until mining actlwtles; pick upf�Ip ���� hairperson O'Neal asked if there is a timeline on this. irector Seumalostated tflat It is a five year inter - management plan but they can reapply for arioer fl ars. Vice Chairperson O'Neal stated that it is an eye sore for the Cit (they ° have already had five years on an IMP, and he asked why the City wou ant to re -op on another five years. Director Seumalo stated that stafF.1' et witli� 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 PC October 18, 2011 Item No. 1 b Page 2 of 5 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 wa s,,at i:ne time part of the Murdock Alberhill Ranch mine. Director Seumalo states yes. Chairperson Jordan asked about the McVicker Canyon mine closuT`e and has it been resolved between the City and OMR. Director Seumalo gtatd that O-WIR was concerned about slope stability on the freeway side of the �MgVicker Caityo 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 seed that he would follow up with Chairperson Jordan with the formation CdYnmissioner Gonzales asked if the Commission has any contver the hours of operation of the mining, the truck routes, dust, atterns, et ector Seumalo stated that dust is an Air Quality Managemen � ict Issue thaCity is actively involved in. City Attorney Leibold stated t I Commission has flexibility regarding reasonably imposed hours of op e ion d haul roues. Vice Chairperson O'Neal stated that there has been ma cmmplarrr out noise after 10:00 p.m. from the mining and does t understan ,,why It is a 24 hour operation. He asked if the Commissig fias discretion to fake into consideration the complaints coming from the 'residents in the area regarding the operation running at night and can the operation be t9` ifi Director Seumalo stated that the City has received a pumbe of complaints fi e residents in the area regarding noise during operation, andote(Yt the City did a noise study and the noise levels fell wit, compliance Vice Ch son O'Neal asked if the noise measurements ii ii were tal/, while the mining � i s n operation. Director Seumalo stated yes. CommissraNr Morsch asked if they have considered encapsulating the conveyer shaking op6t n to soly „„ some of the noise problems. Director Seumalo stated that he hash i ascu,YOns with the operator but not about encapsulating the conveyer but woijiscuss this with him. Vice Chairperson O'Neal reiterated that these concern 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. PC October 18, 2011 Item No. 1b Page 3 of 5 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 Ind ustrial,Permits, and not the City. She stated that she knows many residents that live .m`Atberhill 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 tk e floes ,,g to the City. Pauline Terhani stated that the State is concerne school site is near the mine, there Is concern methane and arsinic in the air near the sch�o she spoke directly to the Director of State Dept said that the presence of methane in open spa' hazardous and not considered ataxic substance to the residents. She also noted th6ttfi1here is a where a school is being built, the Toxlc'Substanc evaluate the area prior to the development. t sincel�Vlberhill Ranch ding the 1 centration of ttorney Leibot�l,stated that of Toxic Sub,"' who turally occurring and is not there are no safety issues rce of methane in an area ntjol Division is directed to Director Seumalo stated thaf-the Boat Launch project is moving along nicely, and provided the Capital Improvement Program update. 6 %R/ City M � ager Br"'d ranked the Commission and residents for attending the ii Minorkshop a� tated' °ache City takes the regulation of mining issues T9 �. very set sly and th d — ed s# and the City Attorney for the presentation. Director S f,4 alo also shed t 'at he would check with the Director of Cal Trans to find out th ,status for that intersection. 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, PC October 18, 2011 Item No. 1b Page 4 of 5 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. STAFF COMMENTS None. ADJOURNMENT There being no further business to come'' before -thy Planning Commission, Chairperson Jordan adjourned the meeting at731 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 ffiffi0, m at the` Cultural Center located at 183 N. Main Street, Lake Elsinore 0li 1`l z a, ` \\ Qk Shelly Jordan Chairperson Attest: ii/ / / //, Robert City M< PC October 18, 2011 Item No. 1 b Page 5 of 5