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HomeMy WebLinkAboutItem No. 3CITY OF LADE LSINOIkE DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP ACTING COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 21, 2012 SUBJECT: RECLAMATION PLAN NO. 2011-01 - RECLAMATION PLAN FOR A 90.5 ACRE MINING SITE (BRIGHTON ALBERHILL MINE), GENERALLY LOCATED WEST OF THE 1-15 FREEWAY BETWEEN NICHOLS ROAD AND LAKE STREET. RECLAMATION WILL INCLUDE BUT IS NOT LIMITED TO RESTORATION AND REVEGETATION OF ANY DISTURBED LAND ASSOCIATED WITH THE PROJECT SITE. APPLICANT: CHAD WARREN, PACIFIC CLAY PRODUCTS, INC, 14741 LAKE STREET, LAKE ELSINORE CA 92530 OWNER: TOM TOMLINSON, CASTLE AND COOK LAKE ELSINORE WEST, INC., 6455 ALBERHILL RANCH ROAD, LAKE ELSINORE CA 92530 PROJECT REQUEST The applicant is requesting approval of a Reclamation Plan for a 90.5-acre site known as the Brighton Alberhill Mine (the "Project'). The subject request is an amendment to the previously approved Reclamation Plan (Reclamation Plan-112) covering the site that is recommended by State Office of Mine Reclamation which is further discussed below. The Reclamation Plan outlines how the previously mined land on the site will be reclaimed, rehabilitated, and revegetated. The Reclamation Plan has been reviewed pursuant to state law, Lake Elsinore Municipal Code (LEMC) Chapter 14.04, and Brighton Alberhill Ranch Specific Plan Amendment No. 1. PROJECT LOCATION The 90.5 acre site which forms the basis for the Reclamation Plan is located in the northern part of the City of Lake Elsinore, west of the 1-15 freeway where Nichols Road PC August 21, 2012 Item No. 3 Page 1 of 32 Reclamation Plan No. 2011-01 August 21, 2012 Page 2 of 8 intersects with Lake Street, and which is more particularly described in Exhibit "A" attached hereto (the "Project Site"). The Project Site is bordered by Nichols Road and Lake Street and is composed of a series of vacant, rolling to steep hills, which contained at one time a significant deposit of shale and coal. The Project Site is accessible from Nichols Road, near Lake Street. All mining ceased on the Project Site and the original 90-1 Reclamation Plan was adopted and approved by the Planning Commission in 1990. The Project Site is generally located adjacent and proximate to Pacific Clay Reclamation Plan Mine Amendment 112, approved in 2011, and Wyroc Reclamation Plan and Surface Mine 90-3 and 92-1, approved by the Planning Commission on April 7, 1993. Both adjacent mines are "actively" mining and have associated Reclamation and CEQA Conditions and Mitigation Measures. ENVIRONMENTAL SETTING Undeveloped and vacant areas neighbor the Project Site to the north and northwest. Lake Street borders the southwestern perimeter of the Project Site. Pacific Clay active mining borders the western boundary. Alberhill Ranch Single-family residences are located to the southeast. EXISTING ZONING GENERAL PLAN LAND- .USE Project Vacant BrightonAlberhill Ranch Alberhill Ranch Specific Plan Site Specific Plan North Vacant/ Riverside County Mountainous and Open Space Single-Family (Riverside County General Residential Plan South Alberhill Specific Plan Specific Plan Ranch East Vacant/ Riverside County Mountainous (Riverside Existing High County General Plan) School West Pacific Clay Mining and future multi Residential mixed use and RP-112 land uses mining PROJECT DESCRIPTION The Pacific Clay Products Incorporated ('Pacific Clay") Operator, and Castle and Cooke, Owner, requests review and approval of a Reclamation Plan for the Project Site by the Planning Commission. Planning Commission approval of the Reclamation Plan is a requirement of the City Code and State law. A Reclamation Plan is a document that outlines the combined process of land treatment PC August 21, 2012 Item No. 3 Page 2 of 32 Reclamation Plan No. 2011-01 August 21, 2012 Page 3 of 8 that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations. The goal of a Reclamation Plan is to restore former mined lands to a safe and usable condition which is readily adaptable for alternate land uses compatible with zoning and the general plan, in this case private open space. The Reclamation Plan process, in this case, involves minor backfilling, limited grading, track-walking to smooth out erosional features, resoiling and amending, revegetation, soil compaction, stabilization, irrigation, and other measures. No mining is currently being conducted on the Project Site or included in this Reclamation Plan. The scope of rehabilitation set forth in the Reclamation Plan is dependent upon the extent of disturbance that is caused by the historic surface mining operations. The Reclamation Plan is unique to the site conditions and contains minimal discussion of the mining operations since mining has ceased. The purpose of the Reclamation Plan is to establish the methodology and strategy for rehabilitating and revitalizing the impacted areas back to a native plant condition over a 5 year time frame. Extraction activities at the former Brighton Alberhill 1,000 acre Mine impacted approximately 400 acres of which 90 of the remaining acres are targeted for Reclamation. The other 310 mined acres are not identified as part of the Reclamation Plan because they have already returned to native habitat. The adjacent remaining approximate 600 acres are owned by the County of Riverside. The Reclamation activities will be broken down into multiple phases over a fivr year period. Reclamation activities will be ongoing for these five years, which will begin immediately following Planning Commission approval. The reclamation is designed to reclaim, rehabilitate and revegetate the land previously used by Pacific Clay for mining purposes. Natural easterly onsite ridgelines along the 1-15 freeway will be used to limit views of the Reclamation operations. Though the Project Site is currently surrounded by undeveloped and vacant areas to the north and immediate west, residential and commercial developments are currently being developed adjacent to the Reclamation Project Site pursuant to the Murdock Alberhill Ranch Specific Plan. Once Reclamation of the Project Site is complete, the area will be compatible with land uses which are contemplated by the Brighton Alberhill Ranch Specific Plan Amendment No. 1 adopted in August 27, 1991 by the City Council. PROJECT BACKGROUND Pacific Clay and Castle and Cooke own approximately 2,600 acres of land adjacent to the 1-15 freeway, most of which lies within the City's boundaries and a small portion of which lies within the County's boundaries. Pacific Clay has operated a major brick production operation at its Pacific Clay mine, adjacent to the Project Site since the early 1900s. PC August 21, 2012 Item No. 3 Page 3 of 32 Reclamation Plan No. 2011-01 August 21, 2012 Page 4 of 8 In 1975, the California Legislature adopted the Surface Mining and Reclamation Act (Cal. Pub. Res. Code 2710 et seq.: "SMARA" SMARA is designed to protect the extraction of minerals as an essential element to the continued economic well-being of the state. In enacting SMARA, the Legislature expressly intended to create and maintain an effective and comprehensive surface mining and reclamation policy for the regulation of surface mining operations. To this end, SMARA requires all surface mining operations obtain a surface mining permit from the lead agency and have approved by the lead agency a reclamation plan. Notwithstanding the foregoing, SMARA exempts certain projects from the surface mining permit requirement. According to SMARA, if a project has a vested mining right, the project does not need to obtain a surface mining permit and can continue its mining operation consistent with prior procedures. The project is not relieved, however, of the requirement to prepare a reclamation plan to return the mined area to a safe and stable condition. Brighton Alberhill Mine today located on the Reclamation Plan 90.5 acres is part of Pacific Clay's 2,600 acres of land and represents a small portion of Pacific Clay's overall mining operation which has been ongoing since the early 1900s. Pacific Clay and other land owners had a vested right to mine on the Project Site. After the passage of SMARA, Pacific Clay sought and secured permits from the County of Riverside for all mining operations. In addition, Pacific Clay submitted to the County with subsequent approval, Reclamation Plan-112 covering the Pacific Clay and other properties. Recently the RP 112 boundaries have been modified in coordination with the owner, the City and the State OMR. RP 90-1 was subsequently adopted by the City to cover the separate Brighton ownership. Pursuant to the change to RP 112 in 2011, the OMR has recommended the subject Reclamation Plan Amendment to RP-90-1 on the former Brighton Alberhill Mine for Reclamation purposes only. This amendment now before the Planning Commission was recommended by OMR to update and bring current the conditions of the previously approved Reclamation Plan. On September 5, 1990 the Planning Commission approved Reclamation Plan 90-1 for approximately 1,000 acres formerly owned by Brighton Homes. This 90-1 Reclamation Plan has expired and necessitates the amendment to a new Reclamation Plan (Reclamation Plan No. 2011-01) covering the remaining 400 acre mined area now owned by Castle and Cooke. Only 90.5 acres of the 400 acre mine site is proposed for reclamation or re-landscaping. The remaining 600 acres of the former Brighton mine is now owned by the County of Riverside. The State Office of Mining and Reclamation (OMR) and our City Engineering Department has reviewed and approved this draft Reclamation Plan now before the Planning Commission. PC August 21, 2012 Item No. 3 Page 4 of 32 Reclamation Plan No. 2011-01 August 21, 2012 Page 5 of 8 The Project Site is within the City's boundaries and is physically separated from Pacific Clay's larger brick production operation off of Temescal Canyon Road. The lead agency for the Nichols Canyon Mine is the City of Lake Elsinore. As such, the attached Reclamation Plan has been submitted for review and approval by the City. Zoning for the Project Site is governed by the Brighton Alberhill Ranch Specific Plan for a mix of commercial and residential land uses. The open space uses outlined in the Reclamation Plan are consistent with the provisions of the Brighton Alberhill Ranch Specific Plan and associated amendments, including Brighton Alberhill Ranch Specific Plan Amendment No. 1. The Reclamation Plan is designed to reclaim, rehabilitate, and revegetate the 90.5 acres of mined land. Mitigation measures have been included in the Reclamation Plan, Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Conditions of Approval to minimize potentially significant impacts of the Project on the surrounding community and environment. The Reclamation Plan satisfies the City's Surface Mining and Reclamation policies set forth in Lake Elsinore Municipal Code Chapter 14.04. The Project Site is presently vacant and undeveloped. ANALYSIS Riverside County is one of the fastest growing regions in the United States. Pacific Aggregates' available resources of quality shale-based clay material will not meet the projected future demand of the national, regional and local markets that the company serves. The Project Site did contain areas of significant shale deposits which were extracted and used by Pacific Clay and others in its production of brick and other mineral products. Additionally, the extracted material was important for Pacific Aggregates' residual mineral usage. The Project Site did help satisfy the rising demand for certain raw materials that are needed to support the dynamic growth taking place in the Inland Empire. Mining has now ceased on the Project Site. The following is a list of objectives that the Reclamation Plan is designed to achieve 1) To develop a Reclamation Plan that meets City of Lake Elsinore Municipal Code Chapter 14.04 for the City's implementation of SMARA; 2) To reclaim an existing mining site while limiting off-site visual, noise, or air quality impacts; 3) To reclaim the site for native open space; 4) To reclaim and maintain the site as necessary to a condition to eliminate hazards to public health and safety with adequate security and fencing; and 5) To preserve sensitive existing plant and animal species and habitat that has developed within the mine areas. PC August 21, 2012 Item No. 3 Page 5 of 32 Reclamation Plan No. 2011-01 August 21, 2012 Page 6 of 8 The Reclamation Plan has been prepared pursuant to Lake Elsinore Municipal Code Chapter 14.04. The Reclamation Plan proposes design treatments to minimize impacts of restoration activities on neighboring residences. Setback standards set forth in the Lake Elsinore Municipal Code and conditions of approval will be used to further separate the proposed reclamation uses from neighboring uses. With the implementation of mitigation contained in the Reclamation Plan, Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and conditions of approval, all potentially significant environmental impacts have been mitigated to a level of insignificance. Importantly, mining has ceased in this Reclamation Plan area, therefore no mining activity occurs on site with the consequential elimination of mining related noise, light, glare and dust emitting from the site. No mining trucks will venture onto public streets exiting from within the 90-1 area, increasing public safety. All Reclamation operations are being conducted in compliance with all State and Federal Clean Water Act storm water pollution programs, thus assuring that the integrity of the existing conditions of Temescal Creek are protected. A set of Conditions and CEQA Mitigation Measures implemented via an Annual Monitoring Plan are recommended for adoption by the Planning Commission. This set of Conditions requires a very strict Monitoring and Reporting program to insure reclamation re-vegetation occurs within five years. At the writing of this report, comments on the project have been received from the Department of Transportation, the Department of Toxic Substances Control, the South Coast Air Quality Management District, the Pechanga, Soboba, Morongo, and Pala Native American Tribes, the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS), further discussed below. • Department of Transportation: The Department of Transportation was concerned about the truck traffic coming off the project site. Truck traffic is not anticipated to not cause impacts to the surrounding roadways or area, as the vehicles associated with the project will consist of a few pickup trucks, a water truck and small tractors that will pordomitly remain on site. These vehicles are also associated with the on- going storm water protection activities of Castle and Cooke required under a separate Storm Water permit. • Department of Toxic Substances Control: The Department of Toxic Substances Control letter outlined measures to follow as part of the Reclamation Plan project. • South Coast Air Quality Management District: South Coast Air Quality Management Districts express concerns regarding mining activity and truck trips relating to mining activity. All mining activity has ceased and truck trips are not anticipated to be an issue as described above. • Pechanga, Soboba, Morongo, and Pala Native American Tribes: The Native American Representatives stressed their concern to have adequate monitoring for PC August 21, 2012 Item No. 3 Page 6 of 32 Reclamation Plan No. 2011-01 August 21, 2012 Page 7 of 8 archaeological resources during reclamation. On June 21, 2012, Native American representatives from Pechanga and Soboba visited the site to review the area. In addition, Staff set up meetings with representatives of the Pechanga and Soboba Tribes on August 8, 2012 to discuss the Project. The Pechenga representatives stated they were not opposed to the Project, but asked that a condition be added requiring a Tribal Monitor be present on the site during reclamation activities. The Soboba Tribe could not attend the meeting. Condition No. 18 has been added to the project that allows for a tribal monitor at the expense of the tribe. The EIR mitigation monitoring program also requires archaeological monitoring of the site. • California Department of Fish and Game (CDFG): The CDFG requested the biological documents which were sent to the agency. The USFWS questioned the MSHCP process for the 90-1 area. • United States Fish and Wildlife Service (USFWS): The USFWS was informed that pursuant to the prior Acquisition Agreement and 2 Memorandums of Understandings between the Owner, County and City, the MSHCP process is complete for the RP 90-1 area. ENVIRONMENTAL DETERMINATION Based upon an Initial Study conducted on the Reclamation Plan, Staff determined that the Project may have potentially significant impacts on the environment. However, after completing all technical studies, it was determined that, with appropriate mitigation, all potentially significant effects could be mitigated to a level of insignificance. All mining, mining truck traffic and export of mined material has ceased on the project site. The Reclamation Plan before the Planning Commission is of short term, very straight forward re-landscape plan carried out over five years covering 90.5 acres. The Reclamation Plan is a mitigation measure required by the Alberhill Ranch Specific Plan EIR of which this project is a part. Therefore, it was determined that the appropriate environmental document for the Project is a mitigated negative declaration since mining activity and it's consequential impacts are being lessened by this project and implement the Specific Plan and CEQA measures . The proposed Mitigated Negative Declaration No. 2012-02 has been prepared pursuantto California Public Resources Code Section 21080.1 and Article 6 of the California Environmental Quality Act ("CEQA") Guidelines (14 C.C.R. 15000 et seq.). Pursuantto CEQA Guidelines Section 15073, Mitigated Negative Declaration No. 2012-02 was submitted to the County Clerk of Riverside County on June 1 for a 30-day public review period. The Project Site is exempt from the provisions of the Western Riverside County Multiple Species Habitat Conservation Plan pursuant to the terms of an Acquisition Agreement between Castle & Cooke, as the successor in interest to the TT Group, former owners, and the County of Riverside. This Agreement acts as a MSHCP Habitat Evaluation and Acquisition Negotiation Strategy (HANS) pursuant to Section 6. 1, A, 2, a, page 6-2 of the PC August 21, 2012 Item No. 3 Page 7 of 32 Reclamation Plan No. 2011-01 August 21, 2012 Page 8 of 8 MSHCP. A current and full biological study was completed for this project along with other technical studies. The Project does not conflict with the environmental plans or policies of other jurisdictions. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: Adopt Resolution No. 2012-_ approving Mitigated Negative Declaration No. 2012- 02; Adopt Resolution No. 2012-_ Findings that the Project is Exempt from the Multiple Species Habitat Conservation Plan (MSHCP) Adopt Resolution No. 2012-_ approving Reclamation Plan No. 2011-01. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. Prepared By: Kirt A. Coury, `t Project Planner Approved By: Warren Morelion, AICP Acting Community Development Director ATTACHMENTS 1: Resolution No. 2012-_ approving Mitigated Negative Declaration No. 2012-02 2: Resolution No. 2012-_ making Findings that the Project is Exempt from the Multiple Species Habitat Conservation Plan (MSHCP) 3: Resolution No. 2012-_ approving Reclamation Plan No. 2011-01 4: Conditions of Approval 5: Exhibits "A": Vicinity Map "B": Location Map "C": Site Plan "D": Reclamation Plan No. 2011-01 "E": Mitigated Negative Declaration No. 2012-02 "F": Mitigation Monitoring and Reporting Program (MMRP) "G": Department of Conservation letter dated March 20, 2012 and City's responses thereto PC August 21, 2012 Item No. 3 Page 8 of 32 RESOLUTION NO. 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS RECLAMATION PLAN NO. 2011-01 IS EXEMPT FROM THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pacific Clay Products, Inc (Applicant) and Castle and Cooke, Lake Elsinore West, Inc„ have submitted an application for Reclamation Plan 2011-01, generally located on the west side of the 1-15 Freeway along Nichols Road and Lake Street and commonly identifiable as APN(s) 389-020-062 and 064, 389-080-055 and 056, 390-130-026 and 028, 390-160-003 and 006, 390-190-014, 015, 017 and 018, 390- 200-008 and 010, 390-210-021 (the 'Project'); and, WHEREAS, the Project site is owned by Castle and Cooke, Lake Elsinore West, Inc. and is within the Murdock Alberhill Ranch Specific Plan area. It has been determined by the City of Lake Elsinore that Reclamation Plan No. 2011-01 "action area" Project site is a part of a 1,000 approximate acres that was subject to 3 transactional contract documents referred to a the "Tri-Valley Documents" relating to a sale of land (600 acres to the County of Riverside) and the future development process and Multiple Species Habitat Conservation Plan, (MSHCP) mitigation for the adjacent 392 acre portion of the 1,000 acres, known as the Project site. Reclamation Plan No. 2011-01 is part of the 392 acre future development area; and, WHEREAS, the Reclamation Plan Project site 392 acres has received a Habitat Evaluation and Acquisition Negotiation Strategy (HANS) Equivalency Review and Approval pursuant to MSHCP Section 6.1, A, 1, a, during the contract negotiations for the land sale of 600 acres of open space to the County and the reservation of 392 development acres to the private land owner. The "Tri-Valley Documents" clearly state that no further MSHCP is required for the remaining 392 acre development area. The MSHCP HANS final decision was for a payment of MSHCP per dwelling unit fees to the Riverside Conservation Authority (RCA) through the City of Lake Elsinore as MSHCP Permittee at the time of building permit issuance for any and all MSHCP mitigation. This MSHCP HANS process is clearly summarized in the following "Tri-Valley Document; and, WHEREAS, the "Memorandum of Understanding" between the County of Riverside, Tri-Valley 1 and the City of Lake Elsinore with respect to 598 acres of Property in the City of Lake Elsinore, dated February 10, 2004 notes:" (a) County and Tri-Valley agree that all or portions of the 392 acre Developable Property is located within the designated Criteria Cells of the MSHCP map and that the payment of the above noted fees satisfies any and all City and County required conservation mitigation fees for the development of Tri-Valley's 392 acre Development Property," (Page 3 of 5); and, PC August 21, 2012 Item No. 3 Page 9 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 2 OF 4 WHEREAS, once the HANS is complete, no further CEQA or NEPA biological studies are required for any subsequent discretionary actions, state or federal pursuant to the terms of the MSHC since the Project site area has been thoroughly reviewed by the MSHCP Environmental Impact Report and Environmental Impact Statement; and, WHEREAS, The Reclamation Plan submittal documents have included updated biology studies since the land owner and applicant voluntarily offered this material for our Planning Commission information, not for Reclamation Plan, MSHCP or CEQA discretionary permit use; and, WHEREAS, the clear intent of the "Tri-Valley Documents", in which the City was a part of the negotiations, and Castle and Cooke, Lake Elsinore West, Inc, is the successor in interest to Tri-Valley" owners: was to clearly identify and guarantee the amount of development acreage for the remainder 392 acres, after sale of the 600 acres to the County. The future certainty of this development acreage was set out in the "Tri-Valley Documents". To allow further open space conservation reduction in acreage or mitigation for any reason, including further MSHCP conservation actions would violate the intent of these agreements which was to identify certain acreage for future development consistent with our General Plan and Specific plan or zoning.; 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. 2012-02 and the corresponding Mitigation Monitoring and Reporting Program have been prepared to mitigate environmental impacts resulting from the Project to a level of insignificance; and WHEREAS, public notice of 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 August 21, 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 acknowledges the "Tri-Valley Documents" MSHCP terms and process and therefore considers the Project in compliance with the terms of the MSHCP HANS procedures. Because the Project is comppliant with the MSCHP, the Planning Commission takes no further MSHCP action with regard to this Project. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PC August 21, 2012 Item No. 3 Page 10 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 3 OF 4 PASSED, APPROVED AND ADOPTED this 21st day of August 2012, by the following vote: Rick Morsch, Chairman City of Lake Elsinore ATTEST: Warren Morelion, AICP Acting Community Development Director PC August 21, 2012 Item No. 3 Page 11 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 4 OF 4 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- as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21 st day of August 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: NONE ABSTAIN: NONE Warren Morelion, AICP Planning Manager PC August 21, 2012 Item No. 3 Page 12 of 32 RESOLUTION NO. 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION NO. 2012-02 WHEREAS, Pacific Clay Products, Inc (Applicant), and Castle and Cooke, Lake Elsinore West, Inc. (Owner), has submitted an application for Reclamation Plan No. 2011-01, generally located on the west side of the 1-15 Freeway along Nichols Road and Lake Street and commonly identifiable as APN(s) 389-020-062 and 064, 389-080- 055 and 056, 390-130-026 and 028, 390-160-003 and 006, 390-190-014, 015, 017 and 018, 390-200-008 and 010, 390-210-021 (the "Project"); and WHEREAS, the standards and requirements of the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the CEQA Guidelines apply only to discretionary projects, which are defined in CEQA Section 21065 as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Project is a discretionary project within the meaning of Section 21065 of CEQA because it involves extensive reclamation activities which may cause both a direct and indirect physical change in the environment and no reclamation activities may begin on the Project site until the Planning Commission approves the Reclamation Plan for the Project; and WHEREAS, an Initial Study was conducted on the Project and revealed that the Project may have potentially significant environmental impacts; and WHEREAS, pursuant to CEQA Guidelines 15070-15075, it was further determined that all potentially significant environmental impacts could be mitigated to a statistical level of insignificance and that it was appropriate to prepare Mitigated Negative Declaration No. 2012-02 to address the environmental impacts of the project; and WHEREAS, public notice of 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 August 21, 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 the Project and has found it acceptable. The Planning Commission finds and determines the Project is consistent with the Lake Elsinore Municipal Code and determines that Mitigated PC August 21, 2012 Item No. 3 Page 13 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- 02 PAGE 2OF4 Negative Declaration No. 2012-02 is adequate and prepared in accordance with the requirements of the CEQA and the CEQA Guidelines. SECTION 2. That in accordance with CEQA and the CEQA Guidelines, the Planning Commission makes the following findings for the approval of the Mitigated Negative Declaration No. 2012-02: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant has agreed to specific conditions and measures which mitigate the potentially significant environmental effects of the Project to a level of "less than significant. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. Pursuant to the evidence received in light of the whole record, the Project will not have a significant effect on the environment considering the Mitigation Monitoring and Reporting Program, and the conditions of approval. 3. 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. Mitigated Negative Declaration 2012-02, the corresponding Mitigation Monitoring and Reporting Program, and the corresponding conditions of approval mitigate all environmental effects to a statistical level of insignificance. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 21st day of August 2012, by the following vote: Rick Morsch, Chairman City of Lake Elsinore PC August 21, 2012 Item No. 3 Page 14 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- 02 PAGE 3OF4 ATTEST: Warren Morelion, AICP Acting Community Development Director PC August 21, 2012 Item No. 3 Page 15 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- 02 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Warren Morelion, Acting Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012- as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of August 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion, AICP Acting Community Development Director PC August 21, 2012 Item No. 3 Page 16 of 32 RESOLUTION NO. 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING RECLAMATION PLAN NO. 2011-01 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, the Reclamation Plan is part of a larger mining area on which mining operations have been ongoing since the early 1900s and was originally included within the boundaries of Reclamation Plan 112 approved by the County of Riverside in 1978; and WHEREAS, by approval of Reclamation Plan 112, of which Reclamation Plan No. 2011-01 was formally a part, the County of Riverside acknowledged the vested mining use and the mining operator's intent to mine the 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, Castle and Cooke, Lake Elsinore West, Inc„ the successor in interest and current owner/operator of the property, acquired the property with the intent to mine consistent with RP 90-1 which covers the property and has submitted an application for Reclamation Plan 2011-01, generally located on the west side of the 1-15 Freeway along Nichols Road and Lake Street and commonly identifiable as APN(s) 389- 020-062 and 064, 389-080-055 and 056, 390-130-026 and 028, 390-160-003 and 006, 390-190-014, 015, 017 and 018, 390-200-008 and 010, 390-210-021 (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. 2012- 02 and the corresponding Mitigation PC August 21, 2012 Item No. 3 Page 17 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 2 OF 6 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 August 21, 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 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.: "SMARA"). SECTION 2.. 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. 2011-01: 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 2012-02 and the corresponding Mitigation Monitoring and Reporting Program. 2. The Reclamation Plan complies with SMARA § 2772 and § 2773, and any other applicable provisions. Reclamation Plan 2011-01 contains all of the required elements outlined in SMARA § 2772. The Reclamation Plan identifies the name and address of the surface mining operator, proposed initiation and termination dates, maximum anticipated PC August 21, 2012 Item No. 3 Page 18 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 3 OF 6 depth of surface mining operation, maps describing the topographic details of the Project, 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 No. 2011-01 complies with the standards set forth in SMARA § 2773 because the Reclamation Plan was drafted and tailored specifically to the Project site. 3. The Reclamation Plan complies with applicable requirements of State regulations (14 C.C.R. §§3500-3505, and 3700-3713). Reclamation Plan No. 2011-01 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 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. 2011-01 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 City'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 of formerly mined lands while preserving the environmental characteristics which contribute to a quality of life that attracts residents to the community. 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. PC August 21, 2012 Item No. 3 Page 19 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 4 OF 6 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. 2012-12 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 Brighton 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 consistent with the Reclamation Plan. In addition, the vegetation palette for Reclamation Plan re- vegetation 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 the applicable resource plan and the Specific Plan. Reclamation Plan No. 2011-01 is designed to comply with the City's Surface Mining and Reclamation policies set forth in the Lake Elsinore Municipal Code Chapter 14.04 and the Brighton Alberhill Ranch Specific Plan Amendment No. 1 Reclamation of the mined lands will result in open space areas that can readily be converted to mixed use urban development. 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. PC August 21, 2012 Item No. 3 Page 20 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 5 OF 6 The City of Lake Elsinore Planning Department received comments from the Department of Conservation regarding the Reclamation Plan. Comments identified received from the Department of Conservation have been incorporated into the Final Reclamation Plan and will be forwarded to the Department of Conservation following Planning Commission action. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 21st day of August 2012, by the following vote: Rick Morsch, Chairman City of Lake Elsinore ATTEST: Warren Morelion, AICP Acting Community Development Director PC August 21, 2012 Item No. 3 Page 21 of 32 PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 6 OF 6 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- as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21St day of August 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion, AICP Planning Manager PC August 21, 2012 Item No. 3 Page 22 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01 AND MITIGATED NEGATIVE DECLARATION NO. 2012-02 PACIFIC CLAY PRODUCTS AND CASTLE AND COOKE LAKE ELSINORE WEST, INC., GENERAL CONDITIONS 1. Pacific Clay Products Inc. (the Applicant), and Castle and Cooke, Lake Elsinore West, Inc, (the Owner) shall defend, indemnify, and hold harmless the City, its officials, officers, consultants, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. Applicant shall enter into a pre-dispute indemnity agreement with the City within 30 days after project approval. PLANNING DIVISION 2. Approval of the Reclamation Plan will lapse and be void unless reclamation activity is initiated within (6) months after the approval of this 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 (6) month period. The intent of this approval is to initiate reclamation activity beginning during the fall of 2012 and through the springtime of 2013. 3. All conditions of approval and the CEQA Mitigation shall be reproduced in a new 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. All Sections 1.0, page 1 through 15.0, page 32 of the Reclamation Plan shall be complied with by the Applicant and Reported on by the Project Monitor Annually, in addition to the Reclamation Plan Sections specifically identified in these Conditions. The Reclamation Plan and the CEQA Mitigation Measures are herein incorporated by reference into these Conditions. 4. An Annual Mitigation Monitoring and Reclamation Plan Compliance Report shall be submitted to the City Planning Department, separate from the Annual Mining Report and FACE submitted to the City Engineering Department, and OMR. This Annual Mitigation Monitoring and Reclamation Plan Compliance Report will detail the progress with the Reclamation Plan implementation and CEQA compliance, pursuant to Section 11. 3 and 11.4 of the Reclamation Plan. This Annual Monitoring Report shall be submitted by the Reclamation Plan Project Monitor and PC August 21, 2012 Item No. 3 Page 23 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO.2012-02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. shall review the status of implementation of the Reclamation Plan and the CEQA Mitigation Monitoring Program found on page 10-13 of the CEQA MND. This annual Mitigation Monitoring and Reclamation Plan Compliance Report shall be submitted by June 1 of each year following project approval for 5 years or until reclamation has been certified by the City and OMR as complete. 5. 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. No structures will be placed on site. The Community Development Director or Designee may approve minor modifications to the placement of structures on-site. Landscaping. Native Landscaping shall be undertaken consistent with the standards set forth in the Reclamation Plan, and the CEQA mitigation measures contained in the Mitigated Negative Declaration. The proposed project shall comply with the zoning and development standards identified in the Brighton Alberhill Ranch Specific Plan and corresponding amendments thereto. Truck Maintenance. All trucks exiting the 90-1 Reclamation project site shall be washed and rattled to prevent materials from spilling onto adjacent roads and streets. 10. 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. ENVIRONMENTAL PLANNING 11. 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. 12. 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 PC August 21, 2012 Item No. 3 Page 24 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO. 2012- 02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. 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 Strategy" 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 Strategy shall be subject to the review and approval of the Community Development Director or Designee. 13. 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. 14. 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. 15. Biology/Habitat Mitigation and Monitoring Plan The Applicant shall be subject to all provisions of the Reclamation Plan and specifically, but not limited to, Section C. RECLAMATION, PARAGRAPHS 1.0 THROUGH 15.0. A. Nesting Surveys. The Applicant shall conduct pre-grading nesting bird surveys in any areas where Reclamation activity is to occur within the nesting season (February 1 through August 31), and in areas where there is sufficient habitat to promote nesting. B. Revegetation. Per the revegetation efforts, the Applicant shall hydro- seed the re-created slopes with a native erosion control seed mix pursuant PC August 21, 2012 Item No. 3 Page 25 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO. 2012- 02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. Table 2, page 27 of the Reclamation Plan. C. Irrigation. Once re-seeding has occurred, the Applicant shall be responsible for supplying sufficient irrigation to adequately germinate and establish the applied seed, particularly during the first fall, winter and spring following planting, which should begin in 2012. 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-seeded, as determined by the monitor, 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 monitor inspections reveal that non-native plants are becoming established on the reclamation site, removal shall immediately be initiated. F. Monitoring and Performance Criteria. The Applicant shall follow the vegetation monitoring procedures, and achieve the target functions and values as described the Reclamation Plan Section 2.0, page 23. Further, the Applicant shall meet the "density performance criteria" as identified in TABLE 3 - Re-vegetation Performance Criteria, Reclamation Plan. Page 29. In five years, should the vegetation not sufficiently be established to meet the final success criteria, vegetation monitoring shall be conducted until the success criteria have been met for a minimum of two years without human intervention or as otherwise modified by Planning Commission amendment to this Reclamation Plan. G. Final Success Criteria. When the five-year monitoring period is complete, if all performance standards have been met pursuant to Table 3 of the Reclamation Plan, the Applicant shall request written confirmation from the City of Lake Elsinore and California Department of Conservation, Office of Mine Reclamation verifying final success criteria have been met. For each year in which the Applicant fails to meet the performance standards, one (1) additional year of re-vegetation and monitoring shall be required using the same performance criteria as listed for year five. At the City of Lake Elsinore's and California Department of Conservation's, Office of Mine Reclamation discretion, if the final success criteria are not met, the PC August 21, 2012 Item No. 3 Page 26 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO.2012-02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. Applicant shall prepare an analysis of the cause(s) of failure(s) and propose remedial actions for approval. The Financial Assurance Cost Estimate will be modified accordingly. H. Performance Extension. If substantial non-compliance with the performance and/or final success criteria occurs, the Applicant will consult the City of Lake Elsinore and California Department of Conservation, Office of Mine Reclamation to determine whether corrective measures and an extension of the five-year monitoring period will be necessary. 1. Contractor Education. Prior to the commencement of grading or any construction work, the Applicant, with the guidance and monitoring of the Project Monitor, shall provide all contractors involved with copies of the Reclamation Plan, CEQA Mitigation Monitoring and Reporting Plan, and the Reclamation Plan Conditions of Approval. The Applicant shall educate the contractors on all aspects of these documents, including but not limited to site protection, maintenance inspections, landscape procedures and monitoring. Copies of all of these documents shall be posted and kept on-site at all times, preferably at the project area entry. J. 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. K. 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. L. Clean Up. All clean-up of prior mining operations shall be conducted within one year of the initiation of reclamation. Scrap material, refuse, unwanted equipment, and surplus materials shall be removed and disposed of at an appropriate landfill site. 16. The Applicant shall comply with all mitigation and recommendations identified in both the CEQA Mitigation Monitoring Program and the Reclamation Plan and which accompany the approved Mitigated Negative Declaration No. 2012-02. 17. The Applicant shall have a professional archaeologist monitor on site initial grubbing and ripping operations for any artifacts found on site. The archaeologist shall immediately report any artifact find to the Applicant or Operator and redirect PC August 21, 2012 Item No. 3 Page 27 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO. 2012- 02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. activities until the City can be informed and proper disposition of artifacts determined after consultation with the appropriate authorities. 18. At least 30 days prior to any Reclamation Plan related ground disturbance activity, the City will contact the appropriate Native American Tribal Representative (Representative) to notify the Representative of the initiation of Reclamation activity on the Reclamation Plan 90-1 Project site. The Community Development Director (Director) or his Designee shall have the authority to designate the Native American Tribal Archaeological Monitor (Monitor) volunteer on the Reclamation site. The designated Representative will conduct the Monitor activities at their sole costs. The Monitor and Archaeologist shall independently report via email or other writing any and all archaeological related artifact, findings each day to the Director or his Designee on that Reclamation phase of initial clearing, grubbing, or earth ripping Reclamation activity being undertaken by Reclamation Operator (Operator). A copy of any findings shall be provided to the Operator by the Director or his Designee. All monitoring shall be limited to the Reclamation areas being undertaken during the initial ground preparation operations in each Reclamation phase. The Director shall meet with the Reclamation Operator and Monitor prior to any Reclamation activities to set forth the appropriate protocols, in the opinion of the Director or his Designee, for the Operations and Archaeological Monitor activities on each Reclamation phase which shall comply will all terms of the Reclamation Plan. The Protocols shall address the conduct of Archaeological and Representative Monitoring and the disposition of any Archaeological Artifacts or human remains discovered on the Project Site in accordance with the appropriate laws. The Director or his Designee shall have the authority to modify, direct and re- direct the appropriate actions for any Reclamation activity on the Reclamation site in regards to any archaeological findings within the Reclamation work areas after consulting with Monitor, Operator and Archaeologist. 19. The Applicant shall comply with the MSHCP conditions that are a part of the Tri- Valley Acquisition Agreement and the accompanying Memorandums of Understanding. ENGINEERING DIVISION 20. The slopes of the project shall be consistent with erosion control planting based on the Reclamation Plan. 21. Sight distance for ingress/egress at all driveways shall meet CalTrans standard for site distance. 22 Parking shall not be allowed on Nichols Road or Lake Street. 23. Provide for on-site loading and unloading of inventory. PC August 21, 2012 Item No. 3 Page 28 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO. 2012- 02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. 24. Public Works requirements identified in the approved Reclamation Plan shall be complied with as a condition of the Reclamation Plan. 25. All temporary access private roadway improvements shall be installed prior to initiation of reclamation. 26. The Applicant shall pay any required plan review and site inspection fees. 27. Approval of the Reclamation Plan shall constitute conceptual grading plan approval. 28. Slopes of Excavations. Slopes shall be as shown on Reclamation Plan Figure 3, permitted within the Reclamation Plan. It is understood that this Reclamation Plan is for the minor grading, track walking and re-vegetation of approximately 90 acres of formerly mined lands. No production from an open pit quarry shall be permitted. 29. The Applicant shall comply with the City Grading Ordinance sections that are applicable to haul routes on City streets. 30. All natural drainage traversing the site shall be conveyed through the site, or shall be collected, conveyed and released consistent with flows and patterns as described in the approved Reclamation Plan. 31. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section 15.64 regarding flood hazard regulations. 32. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section 15.68 regarding flood plain management. 33. Applicant shall comply with the current Storm Water Pollution Plan on file for the project site. 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 and the adopted SW PPP. 34. 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. 35. All on-site Roads and Driveways. BMPS, established by the South Coast Air Quality Management District, shall be implemented and all roads and driveways used for Reclamation per each Reclamation phase shall be kept wet while being PC August 21, 2012 Item No. 3 Page 29 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO. 2012- 02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. used or shall be treated with oil, asphaltic concrete or concrete, or other palliative to prevent the emission of dust. 36. Access Roads. All private access roads leading off any paved public street onto the 90-1 Reclamation project site shall be paved with rock or gravel or an equivalent material approved by the City Engineer or Designee, for not less than the first one hundred feet (100') of said access road. 37. 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. 38. 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. 39. The City of Lake Elsinore contracts with outside private contractors for mining inspection and compliance. All applicable fees for inspection with respect to the mining operation shall be paid directly to the City of Lake Elsinore. Copies of these inspection documents shall be provided to the Engineering Division for the City of Lake Elsinore to be kept in the project files. 40. Signage. 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 RECLAMATION OPERATIONS". 41. 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. 42. 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. 43. Vehicle Storage. There shall be no storage of passenger vehicles, campers, travel trailers or other personal property that is not related directly to the Reclamation at this site. PC August 21, 2012 Item No. 3 Page 30 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO. 2012- 02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. 44. 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. 45. 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. 46. Importing/Storing of Vegetation. There shall be no importing and/or storage of any cut vegetation without specific approval of the Planning Division (Environmental). 47. Annual Financial Assurance Review. A. Each year after the 1 st year of land disturbed under the Reclamation Plan, the Applicant shall review the financial assurance on file with the City of Lake Elsinore. 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 California Resources Code section 2773.1 (a) (3) using the forms provided by the California Department of Conservation's internet 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. 48. Property Line Setbacks. There shall be a graded setback from all property lines of not less than 10 feet from all newly created cut/fill slopes per the approved Reclamation Plan, or as otherwise approved by the City. 49. The Reclamation Plan shall guide any minor grading associated with the Project. PC August 21, 2012 Item No. 3 Page 31 of 32 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO.2011-01, AND MITIGATED NEGATIVE DECLARATION NO. 2012- 02 PACIFIC CLAY PRODUCTS INC., AND CASTLE AND COOKE LAKE ELSINORE WEST, INC. 50. Annual Report Information. The Applicant shall submit to the Engineering Division with the annual report the following information: A. Indicate Reclamation Plan proximity of activity to the project site boundaries by topography; B. Indicate maximum depth of Reclamation areas; C. Provide quantity in cubic yards and tons of any materials moved off-site during the reporting period; D. Certify all Reclamation areas are within the limits of the vested Surface Mining Permit and RP 90-1 issued by the City of Lake Elsinore; E. Provide data indicating the areas of reclaimed land during the reporting period; F. NOTE: At least every three years of operation, the Applicant shall provide to Engineering, aerial topography showing incremental and 51. Minimum Drainage Grade. Minimum drainage grade shall comply with the Reclamation Plan and approved SWPPP. 52. Slope Setbacks. All newly created, excavated or graded slopes shall have setbacks from any buildings and property lines per the standards contained in the Reclamation Plan. 53. Private Roads. Construction of a private road shall conform to the approved Reclamation Plan. PC August 21, 2012 Item No. 3 Page 32 of 32