Grimes Mine Expansion Proiect Case PL16-0097

Grimes Rock Mine Expansion ProiectCase No. PL16-0097

Responses to Public Comment on Hearing Notice

County of VenturaPlanning Commission Hearing

PL1 6-0097Exhibit 7 - Responses to Public Comment on

Hearing Notice

COMIVIUNITY DEVELOPIvIENT DEPARTMENT | 799 lvtoorpark Avenue, lvloorp:rrk, CaLfornia 93021

lvlain Ciry Phone Number (805) 517-6200 | Fax (805) 512.2540 | "vwrv.moorparkca

gov

May 8,2017

Brian Baca, ManagerCommercial and lndustrial Permits SectionVentura County f,lanning Divisiont00 South Victonã Avqnue, L# 1740Ventura, CA 93009

Dear Mr. Baca:

RE: Grimes Rock Mining Facility ExpansionCase No. PL16-0097

The City of Moorpark has reviewed the proposed project, the staff report, exhibits, and theproposed conditions of approval. Based on this review, the City requests that the proposedmodification be denied unless effective mitigation is provided for the impact of trucks onMoorpark. The City remains concerned about the continuing significant unmitigated impacts oftruck traffic from this project through the City of Moorpark. These unmitigated impacts,tôgether with the cumutative impacts from nearby quarry operations, including the 2016approval of the Wayne J Sand and Gravel Mine Expansio'n Project, preclude the use anAddendum to the 2013 FEIR forthis expansion project. ln addition, the collection of the Trafficlmpact Mitigation Fee for the original permit was not conducted in accordance with the City-County TIMF Agreement, as the fees were determined by the County, not the City, and theamount collected $15.49 per new ADT in no way provides for mitigation of traffic, air quality,

noise, and safety impacts from the sand and gravel trucks on the City of Moorpark.. Amodifìcation should not be granted unless these impacts are mitigated. The City is unable tosend representatives to the May 1 1,2017 hearing, but wishes to be notified when a decision is

made on this project, and wishes to receive a copy of the conditions that are adopted if themodification request is approved.

Sincerely,

CrrYoF h4ooRPARK

Steven KuenyCity Manager

cc Honorable City CouncilHonorable Planning CommissionKevin Ennis, City AttorneYDavid A. Bobardt, Community Development DirectorSean Conigan, City Engineer/Public Works DirectorFileChron

JANTCE s. PARVIN

MaYtlr

ROSLAN l'* MIK(JS, Pfi .u"

Councilmember

UAVID PUI-I.IJL,K Khl\ stMul\5 MÁ,RK VAN DA\4CouncilmemberC.¡¡uncilmember Councilnember

PETER A, GOLDENRII{GJAMES E, PROSSEREDWIN S, CLARK

THELAWOFFICESOF

GolopxRnvc & Pnossen

A PROFESS1ONAI LAW CORPOR,{IÍON

ATTORNBYS AND COI]NSELORS ATLA'W

6050 SSAHAWK STREET

VENTURA, CALIFORMÀ 93003-6622

TELEPHONE (80s) 642-67 02FACSIMTLE (805) 642.1145

EIvfAIL:[email protected]

IRÀcOLDENRING(1 924-r 986)

May 10,2017

Via E m a il brian. bqc;afÐ,venfur4."o."tig

Mr, Brian R. Baca, Planning ManagerCounty of Ventrua800 South Victoria AvenueVentura, California 93 009

Re: Grimes Rock,Inc,

Dea¡ Brian:

Thank you for taking the time to meet yesterday with Rusty and I to address the two

outstanding issues. My understanding is as follows:

1. Fair Share: Rusty has agreed to a fair sha¡e contribution with slight modifications to

what has been proposed to San Cristobal but tracking the same "concept" in that it captures the

"additionaf'trips under this CUP mod but does not go backwards in time. Wehavereviewed your

language as proposed yesterday and it is generally acceptable witl a couple of minor modifications.

i have interlineated the proposed modifications and that is included with this letter-

Z. Biology - Water Tank: We have agreed that the crHrent conservation parcel that

includes thc water tank is acceptable with a "oarve out" for the water tank area plus appropriate

biological determination of "buffer." 'We will task Rincon to do that analysis and provide it to you

promptly so that the "amount" of alea can be appropriately calculated and legally described. Once

we have that calculation md analysis by Rincon approved by the County, we will task JensenDesign

to create the "Iegal description" for that "carve out" on Parcel 1 and then that carve out will be the

modified legal description. In other words, the Pa¡cel 1 conservation area will be as legally

described heietof'ore "less" or "excludíng" the agreed upon carve out calculated as described above.'V/ith

that, the balance of the gonservation area previously proposed and the conservation easement

deed will be completed and recorded with a slightly modified Habitat Protection and Acquisition

Plan "identifring" the carve out.

With respect to this water tank area, the first step will be whether or not Rusty is a.ble to

"reacquite" the easement. If he is, all of this gets resolved and we will provide the County that

acquísition which will effectively eliminate the issue and we can go back to Parcel I as originally

proposed. without the exception and that has already been approved. If that is nat able to be

ãccomplished, we r¡'ill do the "carve out" above described promptly. The total area will be

Name: Mr. Brian R. Baca, Planning ManagerRe: Grimes Rock,Inc.Date: May I0,20L7Page: 2

something less than three acres. We all know that the water tank easement area is roughly two acres,

actuallyalittlebitless, InthemeetingyouindicatedtheCounty'scalculationwassomethinginthevicinity of 1.95. In any event, Riucon will prepare the "buffer" analysis to be approved by theCounty and that will all be calculated by Jensen. Whatever that is, which we estimate will be

something less thantbree acres, will be the amount of the "replacement" that needs to be identified.Currently we are tentatively identifl4ng that as the "triangle" area existing in the Best Rock properlythat is to be acquired. Enclosed is the pichual legal description for the Best Rock area, which is inyour file and I have circled in blue the rough area of the triangle which we believe is something inthe vicinity oftluee acres, give or take, sufficient to resolve this matter. We have agreed that Rinconwill need to looh at the triangle to make sure it "qualifies" and provide its analysis and report to the

Courrty for approval. We also have agreed it sufficiently "abuts" or "is in proximitv" to the existingconservation area as to qualifu for resolution of this issue. Rincon will do the analysis ærd provídethat ìnfonnation to you. Assuming the County approves, we will have Iensen Design prepare a

disc¡ete legai descrþtion for the "triangle" atea confirming both the legal description and the sizeso that we have equivalency accomplished. Then we will prcpate a legal description to attach to aconservation deed and thaf wilt lodge into escrow to be recorded concunently with title transfer toour client at close of escrow for the existing escrow under the documentation the County has. (If you

need another set of the lease and acquisition documentation, please let me know âs we are happy toprovide it.) There may be other altematives with adjacent property and we are loohing into that as

further discussed but this at least is the preliminary thought process. Meanwhile, the balance of theconservation easement will be accomplished and the Modified CUP fully in effect.

Enclosed is the document you sent to me with my hand interlineations, which I hope will be

acceptable so we can get ConditionsT2 and73 as proposed and slightþ modified agreed, concludedand we can then go through seamlessly the Planning l)irector proceeding and hopefully wrap thisup.

I should add that I provided to Jeff, pursuant to our conversation, the Preliminary Title Reportfor the Best Rock property and it is my understanding that the oil leases and other matters on it willnot be an impediment to the use ofthe Best Rock properly given your review and analysis. We willpress ahead with this as "altemative one" unless Rusty is able to get back the water tank easement.

To confirm, we enclose your draft proposed additional conditions 72 and 73 with myinterlineations in blue. Please call if you have any questions, you cannot read them or anything Ihave written ís unacceptable. Also enclosed is a copy of the exhibit r,vhich as identified as "Exhibit8," which captures the Best Rock property that is coming to our ciient under the transaction and Ihave cìrcled roughly the "triangle" area which does not include any mining area or any area ofdisfwbance but we understand that will be subject to the Rincon confinnation.

Name: Mr. Brian R. Bac4 Planning ManagerRe: Grimes Rock,Inc.Date; May I0,2017Page: 3

I am in the offrce, so please feel free to call so \Me can get this on traok. Again, we appreciate

yo¡r professionalism in meeting and addressíng these issues and accomplishing a resolution.

Very truly yotils,

GOLDLaw

PETER

PAG:ncEnclosrrrescc: I-Iolly Harris,I 808.14Raca05-10-17

A

Grimes Rock, PLl6-0097DRAFT Additional CondÍtions of Approval

72. Fai¡ Share Gontribution toFillmore)

SR 23lSR 12âlntersection lmprovem

c--¡.\ c*'Çt +"VY

(Gity of

**.þ\

ents

0n, a licensed

awith documented and

of the proposedto trafficect's fair

ISSUES

lf a governengineer'simproveme

mentalcost

nts, secu

completes a fìnal intersectjon desigfor the construction of the p

all real property rights andSR 23lSR 126 intersection

projectintersection

necessary toadopts a fairconstruct the

sharesecuredimprovements, the Permittee, with futuretm the , shall a p altosh 126

rovements may ble due tolack of

73. Satisfaction of biological mitigation requirements

funding mechanism thfinancing, is sufficient

at, togetherto fully fund

or

otto

of

Reouirement: The Permittee is required toof ðurrently undisturbed habitat tcj satisfy

Condition of Approvaf Nos.40 and 41. This requirement can be satisfied byimplementing one of the following three potential options:

1,

2

änd approval,

1. Thisreview and

Because thib

credits forwill

invofves aPermittee is

revîew änd approvâ|.

Ventura.

,r+f,",#sasement,

habÌtat land for psrmanentreview and approvalDepartrnent of Fish

granted by the

to satisfy the mitigationyear of the date that thThe Planning Director,

requirementsis conditionalat his or heruse

sole may extend eadline a maximum of one year based upondernonstration of Perm ittee ditigent effortS to satisfy this condition

Monitoring: The Planning. Director,'in consultation with the California Department ofFish and Wildlife, shall revíew and, if found to be adequate in light of applicable lawsand regulations, approve the submitted plan for acquisition and protection of additionalhabitat lands. The Planning Division shall continue to monitor Permittee's complian'cewith this measure to determine if the land has been acquired (or encumbered by

conservation easement) as specified in the approved plan for acquisition and protectionof habitats, the endowment fund has been established, and that a restrictive covenanthas been recorded to permanently protect the land.

T

No 91J9

EXHIBIT IIBII

(MrNrNG EASEMENT)

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rHE CoURSES AND OISTANCES SHoYrl,¡ HERE0I'I REruCT RËC0ß0DATA PËR'IIIE SRITTEN OEEDS. AIü ARE NOI THE RESULTS OF AFIII.O SURI/ET OR HAIHEI¡ATCAI.IY CLOSED BOUNDARY SURVEY.

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PETER A. GOLDENRINGJAMES E. PROSSERED\IîN S, CI.A.RK

THE LAW OFFICES OF

Gol¡nt.n¡qc & Pnoss¡n

A PROFESSIONAL LAW CORPOR{TION

A TOL\EYS AND COI]NSELORS ATLAW

6050 SEAHAWK S'lRlrìE'I'

VENTURA. CAI.ÌTIORNIA 91003. 6622

TELEPT{ONE (80s) 642-6?02FÂCSÏMILE (805) 642-3 l 45

EMAtr,:At(orneys@Gcfro L¿w.com

IAA GOLDETRh{G(1924-1 986)

May 9,20t7

Via Facsimile 805-532 -2540Mr, Steven Kueny, City ManagerCity of Moorpark799 Moo¡park AvenueMoorpark, California 93 02I

Re: Grimes Rock Mining Minor CUP AdjustmentCaseNo. PL16-0097

Dear Mr. Kueny:

You may recall that about a yeat or so ago I reached out to you to let you know that Grimes

Rock, Inc. was in the process of presenting a minor modification primarily focused on helping to

solve an issue concenúng the former Best Rock facilþ and the failure of the mine o\ryners to comply

wit¡ various restoration activities. I assured you that the minor modif,rcation had nothing to do with

Moorpark and would not change in any fotm or fashion the CUP as it pertains to Moorpark.

Thatminormodificationhasnowproceeded and Ihaverecentlybeenprovided acopy ofyour

letter of May 8,2017 to Brian Baca of Ventura County Planning, The minor modification that is

pending is exactly as I previously represented and I sense that perhaps the review ofthe staffreport

and doðuments provided you did not make that clear. If you look at the modified conditional use

permit you will see rhat the exhibit attached is a redline. The redline identifies the changes.

Important to your express concerns and those of the City of Moorpark, nothifig changes in the

modification concenring q4y truck trips through or associated with the City of Moorpark. In fact,

the bulk of the modification deals with the changes necessary to implement the SMRA amended

reclamation plan on the portion of the Best Rock abandoned mine property in firrtherance ofreclamation.

To assist you, enclosed is a redline that shows just the paragraphs with changes ¿md shows

the redline changes. These track the first page of Exhibit 5 to the staff report which zumma¡izes the

changes by condition number. With these docurnents I hope you will appreciate that the underlying

CUP, which was granted in2}l2(CIrT PL12-0159), is not being reopened and anything within that

prior CIJP is not up for objection or modification, The only changes on the table, and thus the only

ònes that would be subject to comment, are those identified in the redline. Since none of themjnvolve any traffic modification or additional truck trips or anythÍng related to the City of lvloorpark,

Name: Mr. Steven KuenyRe: Grimes Rock,Inc.Date: May 9,2017Page: 2

I am at a loss to understand your letter of May 8,2017 because it is not applicable to the CIIP

modification.

Our client wishes to be a good neighbor to the City of Moorpark and has instructed that Ireach out to you and provide this information and enclosure, as he did when I reached out to you

aborrt a yeat ago. Both I and Mr, Coch¡an a¡e available to meet with you or any members of your

counsel as the City of Moorpark may request to ensure that the City has a full understanding of what

this modification concerns and what it does not.

I ask that this coffespondence with enclosure be made available to all of those persons copìed

on yow letter of May 8,2017 to 'include the City Council, the Planning Commission, Mr. Ennis as

City Counsel, Dar.id Bobardt, Community Development Dìrector and Sean Corrigan, City

Engineer/Public Works Director. To the extent anyone within that group has any questiors, I am

available and our client liker,vise is available to sit down and have a conversation' We want there

to be no misunderstandings or concenß relative to this minorthe City of Moorpark.

which has no impact to

thank you for your continuing professional matter

V

& PROSSERLav'Cotporation

By: PE I'hI{ A. GOLDENRING

PAG:ncEnclosurecc: Brian Baca, brlan. [email protected] 808.14Kueny05-09- 17

A

Grimes Rock Mining ProjectPrevious Conditions of Approval modified with the granting of CUP PL16-0097

Page 2 ol 14

CONDITIONS OF APPROVAL FOR

MODIFIED cONDIîIONAL USE PËRM PL16-0097

(A modificatio[oj GUP PLf 2;g:lã9 an reyised

APNs

(pt-1å0160)

W

Grimes Rock Mining ProjectPrevíous Conditions of Approval modified with the granting of CUP PL16-0097

Page 3 of 14

4W4ï+hes,@ fiod@rmr¿+nli+,ed¡sobAËo "lpeenslebt+þútithFthç

6e

pandÌtiere açfreqa6f,eyait<rdrh*fåe"*4ppreucd*e ela#agsn*plaÐRF-L.2"AeAt-weaalsøaBpr+vedþy4heßear4:efg*pen¿bprcon-êeøgêÉ*"2r904S-¡

1. Permitted Land Uses (Project Description)

The following project desuiption includes the operational limitations and requirementsimposed by the terms of this conditional use permit and the reclamation requirements offl¡e associated Amended Reclamation PIan- (RP1æâ94Þ AII of the requirements of theAmended-,ßeclam,ation*Plan RFI&*6A01 are hereby incorporated into these conditionsof approval. All surface mining actívities must be conducted in conformance with theConditional Use Permit and Approved Reclamation PIan that are currently in effect forthe Grimes Rock facility.

Summarv:

This modified Conditional Use Permit (CUP F,LI6-009,2} +S74-g' and the associatedAmended Reclamation Plan (Re4}gê++i incorporated herein authorize the followingâctivities at ehang¡ee+€-the Grimes Rock surface mining facility:

o

I

delingated in theArnended Reclarïation Ð,en,

t


Page 4 of 14

r. -An exteneisÈ€f th€'efi€ctivê üsrn

aapäöW QS tonsL

a

a

a

a

yeaf.I

Material hauling to occur Monday through Friday, 6:00 a.m. until dusk, but notlater than 7:00 p.m. (For purposos of this limítatíon, the term "dusk" refers to 30minutes after the tíme for "sunsef" as publ¡shed in a local newspaper of generalcirculation.)

Onsite mining operatíons and reclamation activitigç to occur 24 hours per day onMonday through Saturday.

Truck Trip Limits with the availability of permítted northern and southern facilityentrances:

Mondevthfouqh Fridav:

An annual average daily hauling truck traffic (ADT) volume of 460 one-waytrips.

A maximum daíly hauling truck volume of 600 one-way trips, which shallinclude no more than 220 one-way trips arriving to or departing from thesouthern entrance of the facility.

Saturdav:

a

A maximur,n of 200 one-way trips on every Saturdav,


Page 5 of 14

reâqpn?blv á,_ccPpqgd bV StEtp þ,{rghwrylãS,

Truck trÍp fimits with availability of the permitted northern facility entrance only:

- Total truck trips for hauling trucks arriving to or departing from the facilityentrances shalf be limited to a maximum of 300 on any one day, Mondaythrguoh F,ridav". whieh"çhalrLinelud#tlTß{ËËÌviËge€rgeBa*+ne-+€

Peak hour trips (PHTs) for hauling trucks arriving to or deparling from the facilityentrances shall be limited to 300 per day, which shall include no more than 64PHTs arriving to or departing from the southern entrance of the facility. Peakhours are 6:00am to 8:00am and 3:00 pm to 6:00 pm, Monday through Friday:

All project-related hauling truck traffic is subject to all applicable provisions"of theCalífornia Vehicle Code and Streets and Highways Code.

An end use ofOpen Space.

Mineral extraction operations:

cross sections.

Saturdav oÞÉ¡rations.

a

a

a

a


Page 6 of 14

{Jnder+heprofaetli+y-+vill-+st*inu+-cand-and-graveF"€x€avatiôn-+Êd*pr.êGêåsing-op*ratieme*símikr--tethsee-+hat-arê-€urren+1ffiê Seæs

pha6 tie@lene,AÐt¡ci@d--opemtions-e$-the -çib-n41@oevery*ef +änd-+ä#gfa'\¡êl@r+eee$ngu-Mifrê

th+pr€êss€iÉgrplan*--ln + rnay*þe-useé{e-msve

The tetal a@¿A+e] @toni+e$imatg*{e

na{¡lin€+Benâtion*

The miRÐral reseuree extreetietþë-Am€{rd€df Re€lãmat¡o@i nï@ien-€++hêsêphase€.rÊã5r €hang+¡ñ+he.+¡ture'Cepen4in g+pâFmarke+Cemae*

The tetal ameunfeÊrnatería d€dReelamatien Pla@is 5€ mllfie* tens, Thi@

eI

bn4'oan¿ingln+O40"

The operator will continue to utilize the existing processing plant and equipment (asto operate and process materials.

Grimes Rock Mining ProjectPrevious Conditions of Approval modífied with the granting of CUP PL16-0097

Page 7 of 14

The authofiZed gurface mining activities would involve the removal of hills located withinthe proposed excavation area. The mining method will be to place a bulldozer on top ofthe promontory and push material off the top and down the face of the slope, movingfrom the peak of the hill towards the base of the hill. A front-end loader will place thebulldozed material on the conveyor system for processing. All new slopes will be cut tog fnflximum."pf ,2:1 horizontal:vertical (h:v). The lower one{hird of final slopes will begraded in a concave configuration in order to blend with the floor of the mine.

Th+min

Ph ggrêgs{e+es0sróe*ert-th@cø

@se+u+in

F

fe'¡'¡*s+du+ing+e€l i@th.:v)-with-unduJatíng-"u#a€es+€++,and-iÞ-stft h++€isË@ien€

d-€f+hê:ÐÈts4ê\ËrË

wiþbe-rnaintairred-fisr+he-iftt€'+irp.qeor ío*--€*reetive

Grimes Rock Mining projectPrevious conditions of Approval modifíed with the granting of cuP PL16-0097

Page I of 14

Rê€.lamatio

VearsasBsndin oR

,W@ ¡ng

@ien"Fhå6e*8-"w¡lþ{nv€fuê*ê€'n+iå!l@ gruËgÊe*rssêuËêê -¡¡etil-aFre+nal*ad

€restedfer the4nal-{oer+o

+h@@ieec-min+ng*opffi bêr=3+Æ4+

Reclamelion:

Maps, cross secfions and diagrams that illustrate a// aspecús of the required reclamationof the site are included in the Amended Reclamatíon Plan íncomorated W r rencinto this'permjL (RP1240O1). All surface míning activities and reclamation of the sr1eshall be in conformance with the RÐ1:? 60O1 Amended Reclamation Plan.


Page 9 of 14

Reclamation activ¡ties wifl occur on an ongoing basis throughout the project life asplanned mining excavations are completed. The reclamation plan maps and crosssections depict the volume of material to be excavated and the proposed finished slopecontours afrer each phase of the mining operations are completed. The'site will bereclaimed to a configuration that includes a nearly level floor surrounded by maximum2'.1 gadient slopes. Runoff from the slopes will drain across the floor to be dischargedat the low point (approximately 1,000-foot elevation) where an existing drainage courseintersects the floor. lt is anticipated that the western slope will be reclaimed first,followed by the southerly slope, and then by the easterfy slope.

reelaime4'

a+êsç€ve#-+h€-€âuÆec++e-proje+

the þeg inningef#hase+m+ning-€peratiene.-Theahide,rðaas+ê-r€€{åirned*wilt h+1he

will be'eelairâed semet¡m


Page 10 of 14

The fourth arêetê+e reeläirged wil+ be+he,lelver+tepan+lew{i Wes,e-.Ê+ëp€,e-.t/rrillåorcelåime+€t+hbeen*reaehe&dudng"Fhåss4:--Fina+{.eele+rlatbn...wil[jne[uCe+effigvatefthegroeeseíng

@d

âeri€lirTälsoils,

Wf,rçr+ final-slepeo"ar+eotab

the flaor" ef the pnine,-¿ft¡rçed€ahaf"ar+floþfi€se€Êsry-{.ee$e-9repoeed*epen-cpaee

ups

th i@@

areae at *minirnsn't thieknese ðf 3 inêhâe

Upen+ompHien pf*all surfaee mining aetiviù{es and the eemmênêetrÕffinat

\âråfer-€uppf€u{ìda{Õn8ì-Pa¡rement-and{l+e.plaflt+MiltÞe-fem€v€C"+h€€hêP€å+êffiee+uitdingÊ{d[


Page 11 of14

è¡fir,egetafÊ e_teod*+epegFapfry-åmd

+he-êrímes*Mfi €d-{ä-*+üf 67,- by-+çreviorts-opera+a+-Sever€il+ig esed@area+-thal€rsd¡sturbeg+gå¡ñ+tÊ+he+rCIpôâç+pr.ej*.¡-psÊt-bêÞ+eetalffieeps+ssffflfaöSMARA--and*4oufiqæuire-nent+,-Mater¡a+--obtained**f#€nn, fe€laf,qâ+i€n---€+-+he

efi-€pa€e

8. Time Limits

i. Use inauguration:,

1. The approval decision for this CUP becomes effective upon theexpiration of the 10day appeal period following the approvaldecision, or when any appeals of the decision are finally resolved,Once the approval decision becornes effective, the Permittee mustobtain a Zoning Clearance for use inauguration in order to initiatethe land uses provided in Condition No. 1 (Project Description).Prior to the inÍtiation of mining excavation in each subsequentproject phase (i.e, Phases 2 and 3) as delíneated in theReclamation Plan, the Permittee shall obtain a Zoning Clearance.ln order to obtain the Zoning Clearance, the Permittee mustdemonstrate that the mining facility is in compliance with allapplicable permit and Reclamation Plan provisions, including theinitiation of reclamation of the area included in the previous miningphase.

2. This CUP shall expire and become nul! and void if the Permitteefails to obtain a Zoning Clearance for use inauguration within oneyear from the grantíng or approval of this CUP, The PlanningDirector may grant a one year extension of time to the Permittee inorder to obtain the Zoning Clearance for use Ínauguration if thePermittee can demonstrate to the satisfaction of the PlanningDirector that the Permittee has made a diligent effort to inauguratethe permitted land use, and the Permittee has requested the tirneextension in writing at least 30 days prior to the one year expirationdate.

Grimes Rock Mining ProjectPrevious Conditions of Approval modified with the grantíng of CUP PL16-0097

Page 12 of 14

3. Prior to the issuance of the Zoning Clearance for use inauguration,all fees and charges billed to that date by any County agency, aswell as any fines, penalties, and sureties, must be paid in full. Afterissuance of the Zoning Clearance for use inauguration, any finalbilled processing fees must be paid within 30 days of the billingdate or the County may revoke this CUP.

ii. Permit Life or Operatíons Period:

This CUP will expire on December 3l , M.2g4e. The lack of additionalnotifícation of the expiration date provided by the County to the Permitteeshall not constitute grounds to continue the uses that are authorized bythis CUP after the CUP expiration date. The uses authorized by this CUPmay continue after the CUP expiration date if:

1. The Permittee has filed a permit rnodifìcation application pursuantto Section 8111-6 of the Ventura County Non-Coastal ZoningOrdinance prior to Decernber 31, 2045; and

2. The County decision-maker grants the requested modification

The uses authorized by this CUP may continue during processing of atimely-filed modification application in accordance with Section 8111-2.10of the Ventura County Non-CoastalZoning Ordinance,

(Note: Reclamation activities in accordance with the AmendedReclamatíon Plan would continue for up to 5 years after the cessation ofmineral extraction.)

39. Slope design requirements for r¡clamatiqq (WR 5-2)

Reclamation slopes shall be shown by the project geotechnicalengineer and geologist to be grossly stable under both static andpseudo-static conditions, The slopes must also be shown to besurficially stable using results obtained from low normal weight sheartests,

1

2 For slopes that have a slope ratio equal to or greater than 3:1 (h:v) theminimum setback shall be 20 feet regardless of the height. The lowerone-third of the slope shall be concave to blend with the floor of themine.

Grimes Rock Mining ProjectPrevious Conditions of Approvaf rnodified with the granting of CUP PL16-0097

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For slopes that have a slope ratio between 3:1 and 2:1 (h:v) theminimum setback shatl be 30 feet up to a height of 100 feet, and anadditionaf 30 fèet for each 100 feet of height. The lower one-third of theslope shall be concave to blend with the floor of the mine.

For slopes steeper than a 2:1 ratio, the minimum setback shall be 20feet up to a height of 50 feet, 50 feet up to a height of 100 feet, and anadditional 50 feet for each 100 feet in height unless demonstrated that

' the slope surface is not subject to erosion and the suface can besuccessfully revegetated (SMARA Sectíon 37044).ln these cases, thesetback shall be provided by the project geotechnical engineer andgeologist. The lower one-third of the slope shall be concave to blendwith the floor of the mine.

5" Drainage terraces or benches are not required for slope gradients thatmimic the adjacent natural slopes. For sfopes that exceed the naturalslope gradients, drainage benches and tenaces shall not beperpendicular to the slope face and shall provide for drainagediagonally across the slope face at gradients to minimize erosion andshall be designed by the project civil engineer,

(Note: lmplementation of the ere¿pa*od Amended Reclamation PIan (P1+0AgÐ saúisfies this mitigation measure as the design measures listed abovehave been incorporated therein.)

51. Gompliance with Approved Amended Reclamation Plan

All surface mining operations shall be conducted in accordance with AmendedReclamation Plan RP1' 000?, as approved or amended by the County ofVentura. All mining excavation shall take place above the final reclaimed floorand shall occur within the aerial límits of excavation depicted on AmendedReclamation Plan maps and cross sections. All mining excavation shall occur inconformance with the phasing specified in the Amended Reclamation Plan.

e-geunf.yet

60. Restricted Use of Engine Braking

lntent: ln order to minimize noise generated by material hauling trucks, the useof engine braking shall be restricted to the extent feasible and withintransportation safety ru les.

3,

4

Grimes Rock Mining projectPrevious conditions of Approval rnodified with the granting of cup pL16-0097

Page 14 o'f 14

Requirement: The Permíttee shall inform all drívers of project-related heavytrucks to avoid use of engine braking on any road between sR-126 and sR-119with the foflowing exceptions:

On SR-23 between the access roads to the Grimes Rock (CUp pL16-4097) 4e7q and Wayne J (CUP PLlS-qTl$l 4æ1+ mining facitities.

a

b

c.

lf the Planning Director approves such brakíng for specific makes andyears of trucks íf it is demonstrated to the satisfaction of the PlanningDirector that such braking does not result in significant noise.

During emergency situations.

The Permittee shalf install signage at the project site that informs truck drivers ofthis requirement.

Documentation: The Permittee shall provide to the County Planning Divisionphotographs that demonstrate that the required signage has been installed.

Timing: Prior to the issuance of the Zoning Clearance for Use lnaugurationunder this permit, the signage shall be installed.

Monítoring: County Planning Division compliance staff shall review thesubmitted documentation regarding signage for compliance with the tenns of thismitigation measure, may review compliance duríng any site inspection, and shallinvestigate and respond to citÞen complaints about the use of engine braking onheavy trucks traveling from the subject mine,

MemorandumCounty of Ventura' Resource Management Agency' Planning Division800 S. Vícroria Avenue, Ventura, CA 93009-1740 ' (805) 654-2478'vcrma.org/planníng

To: Kim Prillhart, Planning

From: Brian R. Baca, ManagerCommercial and lndustrial Permits

Date: May 10,2017

Re Grimes Rock, PL16-0097:Additiona I staff recommendations

INTRODUCTION

This memorandum documents additional staff recommendations for the PlanningDirector to consider in the review of the Grimes Rock Mine Expansion Project, PL16-0097.

DISCUSSION

The applicant proposes to include the following condition of approval in the requestedmodified conditional use permit to address the concerns expressed in the May 3, 2017letter submitted to the Planning Director by the City of Fillmore.

72. Fatr Share Contribution to SR 23lSR 126 lntersection lmprovements (Gity ofFillmore)

lf a governmental agency(s) completes a final intersection design, secures a licensedengineer's cost estimate for the construction of the proposed intersectionimprovements, secures all real property rights and project approvals necessary toconstruct the proposed SR 23lSR 126 intersection improvements, and adopts a fairshare contribution funding mechanism that, together with other documented andsecured sources of financing, is sufficient to fully fund construction of the proposedimprovements, then the Permittee, together with future projects contributing to trafficimpacts at tñe intersection, shall pay a fee proportional to the Permittee's project's fairshare of SR-23/SR 126 intersection impacts. The Permittee's fair share contributionshall be calculated based upon the limit of 200 one-way truck trips on each Saturday(i.e. 33 truck trips per day averaged over a 6-day operational week) arriving to ordeparting from the facility. lt is recognized that some or all of the proposed SR23lSR126 improvements may not be feasible due to expense, issues with right-of-wayacquisition, technical issues, or lack of required approvalfrom all relevant agencies.

Memorandum to the Planning Director, 5-10-17Grimes Rock, PL16-0097

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This condition shall automatically terminate in the event the County, after the effectivedate of the decision adding this condition, grants or modifies a conditional use permit ofany other míning operation within Grimes Canyon, and following the effective date ofthat County decision, the other mining operation's conditional use permit does notinclude an equivalent "fair share" contribution condition for the above-describedimprovement project.

Conditional Use Permit (CUP) PL12-0159 was granted by the County on October 22,2013 to authorize the expansion and continued operation of the Grimes Rock miningfacility. The conditions of approval of this CUP (i.e. Conditions Nos. 40 and 41) requirethe permanent protection of offsite habitat lands to satisfy the mitigation requirementsfor impacts on biological resources identified in the certified environmental impact reportfor the project. The requirements of Conditions Nos. 40 and 41 require the permanentprotection of approximately 81 acres of habitat land and the creation of an endowmentfund. The Permittee identified 81 acres of land acceptable to the County to satisfy theapplicable requirements. lt was recently discovered, however, that approximately 2acres of the mitigation lands is encumbered by a "water tank and access easement"held by a separate entity. This easement land (and a biological buffer zone around it)are not eligible for permanent preservation to satisfy the requirements of Condition Nos.40 and 41 of CUP PL12-0159.

ln coordinatíon with County staff, the applicant has prepared a draft "Habitat Protectionand Acquisition Plan" (HPAP) and a draft conservation easement that would allow forthe dedicatíon of 81 acres of habitat land proposed by the PL12-0159 Permittee (alsothe applicant for the PL16-0097 application) to satisfy the terms of CUP PL12-O159. lnorder to substantially (but not completely) be in compliance with the terms andconditions of CUP PL12-O159, an HPAP must be finalized, a conservation easementrecorded, and the required initial payment of the endowment fund remitted to theCounty prior to the deadline (i.e., June 19, 2017) for a Planning Director decision on thePL16-0097 application. The HPAP and conservation easement must permanentlyprotect at least 78 acres of the proposed 81 acres.

Staff recommends that the applicant's request that a modified CUP to be granted andan amended Reclamation Plan be approved (Case No. PL16-0097) be denied bythePlanning Director if the above-described actions to substantially satisfy Condition Nos.40 and 41 are not taken by the applicanUPermittee prior to June 19,2017,

To address the loss of habitat lands due to the area encompassed by the "water tankand access easement" and an associated biological buffer zone, staff recommends thatthe following condition of approval be included in the requested modified CUP. Thismeasure would ensure that the mitigation of impacts on biological resources required byConditions of Approval Nos. 40 and 41 of CUP PL12-0159 will be fully satisfied.


Page 3 of 4

73. Satisfaction of biological mitigation requirements

Purpose: ln order to mitígate for the loss of sensitive plant communities and habitat forspecial-status species due to surface mining activities, the Permittee shall permanentlyprotect additional lands to satisfy the remaining mitigation requirements of Condition ofApproval Nos. 40 and 41 of Conditional Use Permit PL12-0159 as granted on October22,2013. This condition accounts for acreage that became ineligible for permanentprotection due to the presence of a Water Tank and Access Easement (See O.R.20050823-0209444; hereinafter "Water Tank Easement") on an approximate 2-acreportion of land (Conservation Parcel 1; APN 500-0-090-35) that Permittee had proposedto permanently protect to satisfy the requirements of said conditions. To date,Permittee has partially complied with Condition of Approval Nos. 40 and 41 by providingthe County with a Conservation Easement Deed and Declaration of Restrictions("Conservation Easement"), and a County-approved Habitat Protection and AcquisitionPlan ("HPAP"), to permanently protect approximately 78 acres on three parcels that arereferred to in the HPAP as Conservation Parcels 1 through 3.

Requirement: The Permittee is required to permanently protect approximately 3 acresof currently undisturbed habitat (or other acreage determined to be equivalent in habitatvalue to the portion of Conservation Parcel 1 found ineligible for permanent protection)to satisfy the remaining mitigation requirement of Condition of Approval Nos. 40 and 41

of CUP PL12-0159 and CUP PL16-0097 (this permit). This requirement can besatisfied by implementing one of the following three potential options:

1. Provide County with proof that the Water Tank Easement has been extinguishedfrom Conservation Parcel 1 (APN 500-0-090-35) through a recorded instrument(e.9., a quitclaim deed), and convey to County an amended ConservationEasement that incorporates the property that was formerly subject to the WaterTank Easement ("Tank Site Property") into the "Easement Area" as identified anddefined in Recital A of the Conservation Easement. The amended ConservationEasement shall be subject to County review and approval, and shall be recordedfollowing its conveyance and acceptance by County. ln addition, Permittee shallprovíde County with an amended HPAP incorporating the Tank Site Property intoConservation Parcel 1. The amended HPAP shall be subject to County reviewand approval.

2. Convey to County an additional conservation easement, in the same legalform asthe existing Conservation Easement, encumbering an approximately 3-acreportion (or other acreage determined to be equivalent in habitat value to the portionof Conservation Parcel 1 found ineligible for permanent protection) of APN 108-0-130-1 1 that abuts the northern boundary of Conservation Parcel 1 . This additionalconseruation easement shall be subject to County review and approval, and shallbe recorded following its conveyance and acceptance by County. ln addition,Permittee shall provide County with an amended HPAP incorporating thisadditional land into the HPAP. The amended HPAP shall be subject to Countyreview and approval.


Page 4 oT 4

Because this option involves newly-proposed habitat land for permanentprotection, its implementation by Permittee is subject to prior review and approvalby the Planning Director, in consultation with the California Department of Fishand Wildlife, to ensure its adequacy in light of applicable laws and regulations.

3. Purchase mitigation credits from a land conservation bank located in VenturaCounty that are computed based on the acquisition costs of conseruation landswith habitat value equivalent to that existing on the Tank Site Property. lt isanticipated that mitigation credits for approximately 3 acres (or other acreagedetermined to be equivalent in habÍtat value to the portion of Conservation Parcel1 found ineligible for permanent protection) of conservation lands will need to bepurchased to account for the loss of the Tank Site Property and required biologicalbuffer areas between the Tank Site Property and Conservation Parcel 1.

Because this option involves a newly-proposed habitat protection measure, itsimplementation by Permittee is subject to prior review and approval by thePlanning Director, in consultation with the California Department of Fish andWildlife, to ensure its adequacy in light of applicable laws and regulations.

Timing: One of the above-listed potential options to satisfy the mitigation requirementsshall be implemented by the Permittee within one year of the date that this conditionaluse permit is granted by the County of Ventura. The Planning Director, at his or hersole discretion, may extend this deadline a maximum of one year based upondemonstration of Permittee diligent efforts to satisfy this condition.

Monitoring: The Planning Director, in consultation with the California Department ofFish and Wildlife, shall review and, if found to be adequate in light of applicable lawsand regulations, approve the submitted plan for acquisítion and protection of additionalhabitat lands. The Planning Division shall continue to monitor Permittee's compliancewith this measure to determine if the land has been acquired (or encumbered byconservation easement) as specifíed in the approved plan for acquisition and protectionof habitats, the endowment fund has been established, and that a restrictive covenanthas been recorded to permanently protect the land.

Documents

Grimes Mine Expansion Proiect Case PL16-0097