The proposed project would remove language in the project Conditions of Approval that has resulted in ambiguity with respect to operating hours, and would allow the applicant to operate in parity with the other off-channel mining operations along Cache Creek. The proposed project meets the performance standards set forth in the County Off-Channel Surface Mining Ordinance, specifically the noise standards set forth in Section 10-4.421. Additionally,as modified by the Planning Commission, the proposed condition of approval would be reviewed after one year by the Planning Commission to determine if any changes to the hours of operation are warranted.
The Planning Commission held a public hearing on the proposed project on April 14, 2016. The Commission discussed the project and voted unanimously (7-0-0) to recommend elimination of the existing Condition of Approval #55.4 and recommended the new Condition of Approval #55.5, as proposed by the applicant, but with several modifications. The Commission's recommended modifications to Condition of Approval #55.5 are shown in underline, below.
Condition of Approval #55.4 (proposed to be eliminated): The hours of operation for all facilities and operations are generally 6:00 a.m. to 6:00 p.m. (12 hours per day), five-days per week (Monday through Friday), with occasional operations occurring in the evening until 10:00 p.m., and weekends as necessary to fulfill contract requirements. Occasional 24-hour operations to fulfill contract requirements are allowed within the regulations established in Section 10-4.421 of the mining ordinance.
Condition of Approval #55.5 (proposed new condition): The operator shall provide the County, and upon request any member of the public, with the 24-hour contact information of a designated representative(s) of the company to whom noise complaints or inquiries may be submitted. The operator shall keep a log of noise related complaints and inquiries, and any actions taken to address the complaint/inquiry. The operator shall respond to any inquiry and complaint within two business days. The operator shall submit a log of noise related complaints/inquiries and any actions taken to the County Administrator along with the Annual Mining and Reclamation Report.
This condition of approval shall be effective for a period of eighteen months following approval by the Board of Supervisors. After one year following approval by the Board of Supervisors, the Planning Commission shall review complaint logs, noise studies, and other pertinent information to determine whether to make these changes permanent or whether other conditions of approval are warranted.
During the April 14, 2016, Planning Commission hearing, the Commission heard testimony from two members of the public. One speaker asked a general, clarifying question, and the second speaker, a resident whose home is just under one-mile northeast of the Granite property boundary, spoke in opposition to the project.
After the conclusion of the April 14th Planning Commission hearing, Granite representatives expressed concern to County staff that they misunderstood the Commission's recommendation. Granite takes issue with the element of the amended condition that considers the revisions after one year. Granite has informed staff that they will be available at the Board hearing to explain their concern of the Commission's recommendation.
BACKGROUND
The Granite Capay facility is located at 15560 County Road 87, north of the towns of Capay and Esparto. The site consists of an active and fully permitted sand and gravel mine site and processing facility on Assessor's Parcel Numbers 048-140-040, 048-220-016, and 048-220-018. Mining and processing operations have been ongoing since off-channel mining permits were originally approved in 1996 (ZF #95-078) and subsequently amended in 2002 (ZF #2001-096). Existing operations include excavation of ±359 acres over a thirty-year period (permit expires 2028) with reclamation to a combination of permanent lakes, native habitat, agricultural pasture, row crop production, slopes and roads. In addition, operations include an aggregate processing plant, conveyors, stockpiles, sedimentation basins, storage tanks, office, and other related facilities.
Although Granite rarely conducts 24-hour operations, they often commence operations in the early morning hours (typically around 3:00 a.m.) during the summer/early fall. During Granite's recent operations prior to 6:00 a.m., a neighbor raised specific concerns related to operation of the primary rock crusher on the processing plant. Prior noise analyses conducted in support of the 2002 Supplemental Environmental Impact Report analyzed noise from the primary crusher and determined that it would comply with the County's noise standards. Notwithstanding, given the neighbor concerns and the fact that the noise analysis specific to the crusher is a bit dated, Granite has voluntarily agreed not to run the primary crusher prior to 6:00 a.m. until an updated noise analysis has been completed and submitted to the County.
Granite has provided various reasons supporting their request to eliminate COA #55.4. Granite has expressed that the elimination of COA #55.4 would establish parity with other permitted aggregate producers along Cache Creek who are able to optimize operating hours based on market and economic conditions, so long as they comply with the OCSMO noise standards. With limited exceptions (e.g., Syar’s Phase B excavation), the other permitted mining operations are simply conditioned on meeting the OCSMO noise regulations, and do not further limit hours of operation.
Granite has also indicated that the removal of COA #55.4 would provide environmental and ancillary benefits, including reduced energy consumption and water use and increased worker health and safety. By operating at night or early morning, Granite could curtail energy consuming operations during periods of peak power demand and reduce the amount of water consumed for dust control. Granite has also indicated that worker health and safety conditions would improve with lower ambient workplace temperatures (e.g., during early morning hours), reducing the risk of heat-related illness. Additionally, transportation of aggregate products at night and during off-peak hours reduces congestion during periods of peak travel and improves transportation safety.
Pursuant to OCSMO Section 10-4.422, Granite maintains a variance from the California Office of Safety Hazard Administration to utilize non-sonic warning devices to reduce noise on certain mobile heavy equipment and vehicles (e.g., dozers, scrapers, loaders) used during nighttime and early morning activities. Granite has installed modified back-up alarms on mobile heavy equipment that produce a dulled “quack” sound, instead of the typical piercing beeping noise.
A noise study conducted by Bollard Acoustical Consultants, Inc. (October 2015) evaluated compliance with the OCSMO noise standards as well as potential impacts to nearby receptors. The analysis concluded that noise levels of the facility operations are, and would continue to be fully within compliance with the OCSMO noise level limits at both the facility boundaries and nearest residential structures during both daytime and nighttime hours. The conclusions of the Bollard noise analysis are based on a series of property line noise level measurements conducted during early morning hours (3 a.m. – 6 a.m.) with the facility in normal operation (without use of the primary rock crusher), and conservative assumptions regarding the level and duration of noise generation during a worst-case 24-hour period.
In accordance with OCSMO Section 10-4.421, between 6:00 p.m. and 6:00 a.m., noise levels shall not exceed an average noise level equivalent (Leq) of sixty-five (65) decibels (dBA) measured at the property boundaries of the site. At no time shall noise levels exceed a community noise equivalent (CNEL) of sixty (60) decibels (dBA) for any existing residence or other noise-sensitive land use. In the case of agriculturally zoned land (such as that surrounding Granite’s facility), an existing residence is considered any occupied off-site residential structures. The noise analysis indicated that measured average noise levels during the early morning hours (3:00 a.m. – 6:00 a.m.) of September 24-25, during which the facility was in operation, were well within compliance with the OCSMO 65 dBA nighttime property line standard. The analysis also indicated that the CNEL/Ldn values predicted at the nearest residences, which are based on worst-case estimates of facility noise generation, would be satisfactorily relative to the OCSMO 60 dB CNEL/Ldn noise standard applicable at residences. |