MENDOCINO COUNTY BOARD OF SUPERVISORS ONLINE AGENDA SUMMARY BOARD AGENDA #____ -Arrangements for public hearings and timed presentations must be made with the Clerk of the Board in advance of public/media noticing -Agenda Summaries must be submitted no later than noon Monday, 15 days prior to the meeting date (along with electronic submittals) -Send 14 complete sets (original, single-sided+13 copies) – Items must be signed-off by appropriate departments and/or County Counsel -Transmittal of electronic Agenda Summaries and associated records must be emailed to: [email protected] -Electronic Agenda Transmission Checklist: Agenda Summary Records If applicable, list other online information below -Executed records will be returned to the department within one week. Arrangements for expedited processing must be made in advance TO: Board of Supervisors DATE: FROM: Planning and Building Services MEETING DATE: DEPARTMENT RESOURCE/CONTACT: Consent Agenda John Speka Steve Dunnicliff Regular Agenda March 27, 2014 PHONE: 234-6650 PHONE: 234-6650 Noticed Public Hearing April 22, 2014 Present On Call Time Allocated for Item: 1 hour  AGENDA TITLE: Discussion and Possible Action on Proposed Reclamation Plan #REC 2-2013 for Vested Rights Mining Operation Known as the Rowland Bar Including the Adoption of an Addendum to a Previously Certified Mitigated Negative Declaration (located in the Dos Rios Area)  PREVIOUS BOARD/BOARD COMMITTEE ACTIONS: On February 25, 2014, the Board of Supervisors approved a request for “direct review” of Reclamation Plan #REC 2-2013 (Rowland Bar) for a previously adopted (2005) Mitigated Negative Declaration (MND) pursuant to Chapter 2.54 to the County Code (Original Jurisdiction of Land Use Matters).  SUMMARY OF REQUEST: Approval of a reclamation plan for an instream surface mining operation that has been recognized as a vested right, including the extraction of up to 50,000 cubic yards of material per year. The gravel bar is located approximately 0.25 mile south of Dos Rios at the confluence of the Main stem and Middle Fork of the Eel River (AP# 035-040-45). Also requested is the adoption of an Addendum to a Mitigated Negative Declaration (MND) which was adopted for a prior surface mining entitlement. New studies were prepared to evaluate Geotechnical issues, Biological Resources, Cultural Resources, Noise and Greenhouse Gas Emissions. Past mitigation (some with minor revisions) will continue to hold impacts to a less significant level (see Part 2-Draft Addendum to MND, Attachments C through G).  SUPPLEMENTAL INFORMATION AVAILABLE ONLINE AT: http://www.co.mendocino.ca.us/planning  ADDITIONAL INFORMATION ON FILE WITH THE CLERK OF THE BOARD (CHECKED BY COB IF APPLICABLE): Source of Funding FISCAL IMPACT: Current F/Y Cost Annual Recurring Cost N/A N/A  SUPERVISORIAL DISTRICT: 1 N/A 2 3 4 5 All Budgeted in Current F/Y Yes No VOTE REQUIREMENT: Majority 4/5ths  RECOMMENDED ACTION/MOTION: Staff recommends that the Board of Supervisors approve the Addendum to a previously adopted Mitigated Negative Declaration and approve a Reclamation Plan (#REC 2-2013) for the 3.5 acre Rowland Bar vested right mining operation, which extracts up to 50,000 cubic yards of material per year from the primary gravel bar located on the site, based on the following findings and conditions of approval as listed in the staff report. 1. Existing Vested-Right Mining Operation Findings: On January 30, 2013, the Department of Planning and Building Services (PBS) determined that the Rowland Bar mining operation on the Project site constituted a vested right, including the extraction of up to 50,000 cubic yards of material per year, based on records that documented the established and recognized historical use of the site as a mining operation. BOARD ACTION (DATE: _____________):  Approved  Referred to____________________ Other ________ RECORDS EXECUTED:  Agreement: __________  Resolution: _________  Ordinance: ________  Other _________ MENDOCINO COUNTY BOARD OF SUPERVISORS ONLINE AGENDA SUMMARY BOARD AGENDA #____ 2. California Environmental Quality Act Findings: That the Project would result in no new significant adverse impacts to the physical environment or in an increase in the severity of any previously identified potentially significant impacts. Information provided in the Revised January 2014 document “Part 2- Draft Addendum to Mitigated Negative Declaration”, specifically, pages 22-77, provides sufficient explanation as to why a subsequent negative declaration is not required per CEQA Guidelines Section 15164(e). A letter was received from the State Clearinghouse (SCH) dated March 27, 2014, acknowledging that SCH review requirements for draft environmental documents have been met, pursuant to the California Environmental Quality Act (CEQA); therefore, an Addendum to a Mitigated Negative Declaration previously adopted in 2005 is approved. 3. General Plan and Zoning Consistency Finding: That the Project would reclaim a vested-right gravel extraction operation, which is a natural resource development activity that is consistent with the General Plan Remote Residential (RMR) land use classification (Development Element Policy DE-15) and is a Mining and Processing use is an allowable use within the Upland Residential (UR) zoning district (County Code Section 20.060.025(E)). 4. Surfacing Mining and Reclamation Finding: That the Project complies with the Surface Mining and Reclamation Ordinance, Chapter 22.16 of the Mendocino County Code, and the California Surface Mining and Reclamation Act (SMARA), which must be met prior to grading activities and for the duration of this permit.  ALTERNATIVES: Do not adopt the proposed Addendum to a Mitigated Negative Declaration (MND) and deny the proposed Reclamation Plan finding that the project is inconsistent with the goals and policies of the General Plan and/or other applicable sections of the Chapter 22.16 of the County Code.  CEO REVIEW (NAME): David Grim, Sr. Admin Analyst RECOMMENDATION: Agree Disagree No Opinion BOARD ACTION  Approved __________________________  Records Executed ___________________ PHONE: 463-4441 Alternate Staff Report Attached Date of Meeting  Referred to _________________________________  Other ______________________________________ Rev.1/08