The purpose of the meeting is to receive comments from interested parties regarding the adequacy of the Draft SEIR as an informational tool for making decisions regarding the proposed project. Although a public meeting to receive oral comments on draft environmental documents is not a procedural requirement, it is the County’s practice to conduct such a meeting for certain projects. Pursuant to Section 15151 of the California Environmental Quality Act (“CEQA”) Guidelines, the standards for determining the adequacy of an EIR are the following:
"An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure."
Additionally, Section 15132 of the CEQA Guidelines requires that formal written responses be prepared and made available for relevant comments received on the Draft SEIR, including oral comments. These responses, plus the Draft SEIR, will comprise the Final EIR for the project. Staff will respond to questions, if possible, but it is likely that immediate and/or direct answers to questions regarding the Draft SEIR will not be provided at the meeting, but will be included in the Final EIR, as well.
The Draft SEIR is available for public review online - the web link has been provided in Attachment A.
The document is also available for public review at the following locations:
- Woodland Public Library (250 First Street, Woodland, CA 95695)
- Esparto Regional Library (17065 Yolo Avenue, Esparto, CA 95627)
- Yolo County Department of Community Services (292 West Beamer Street, Woodland, CA 95695)
This Draft SEIR evaluates the environmental impacts related to the CEMEX Mining and Reclamation Plan Permit Amendment (ZF #2018-0015) (“Project”). The Project revises the existing CEMEX sand and gravel mining operation, located primarily east of Interstate 505, along the south bank of Cache Creek, near the unincorporated community of Madison (see Attachment B). The existing CEMEX off-channel mining facility is operated subject to a 1996 permit approval (as subsequently modified) (Mining Permit No. ZF #95-093 and Development Agreement No. 96-287) and has been operating continuously in this location since the 1970s. The 1996 permit approval was evaluated in the Solano Long-Term Off-Channel Mining Permit Application Final Environmental Impact Report (SCH #96012034) (“1996 EIR”) certified by the Board of Supervisors on November 25, 1996.
The existing site totals 1,902 acres with mining limited to 586 total acres and reclamation required for 716 acres (including the 30-acre plant site). The site contains all of, or portions of, the following Assessor’s Parcel Numbers (APNs): 049-060-019, 049-060-004, 049-070-020, 049-070-019, 049-070-011, 049-070-021, 049-070-004, 049-070-005, 049-070-006, 049-070-010, 049-070-009, 025-450-001.
The existing approvals allow maximum annual mining of 1,445,783 tons (1,200,000 tons sold), and maximum total mining of 32,170,000 tons (26,700,000 tons sold). Mining is allowed to occur in seven phases, moving generally from west to east, over a 30-year period ending in 2027, to a maximum depth of 70 feet. Refer to Attachment C for the approved overall mining plan, the approved mining phase, and the approved overall reclamation plan.
On February 28, 2018, CEMEX submitted an application to modify their approved mining permit and reclamation plan for the existing operation. The application was subsequently revised several times, the final revision occurring on November 23, 2022.
The application contains the following requests:
- extend the term of the permit approvals by 20 years;
- allow mining of more total tonnage over the life of the permit (22.3 million additional tons mined; 20.0 million additional tons sold);
- increase the allowed acreage of simultaneous disturbance;
- increase the allowed area for processing activities;
- allow reclamation in certain phases to occur later and to allow overall reclamation to occur later;
- remove Phase 7 from the operation;
- address inconsistencies in approved plans versus on-the-ground conditions;
- modify phase boundaries;
- modify reclamation plans to reclaim more area and modify reclamation end uses to decrease the area of reclaimed agriculture and increase the area of reclaimed lake;
- increase the area of reclaimed habitat; and
- modify other approvals to be consistent with the request.
Refer to Attachment D for the proposed overall mining plan, proposed mining phases, and proposed overall reclamation plan.
REQUIRED ACTIONS
The Project requires the following County approvals:
- Certification of a Subsequent EIR.
- Amendment to Mining Permit No. ZF #95-093 to:
- allow mining to continue on ±383 acres (Phases 4 through 6) for an additional 20 years through the year 2047,
- approve revised Mining Plan sheets reflecting modified mining phase boundaries, elimination of Phase 7, increased acreage that can be simultaneously disturbed, and increased acreage that can be used for processing,
- approve increased total production limit from 32,170,000 tons mined (26,700,000 tons sold) over the term of the permit to 53,536,426 tons mined (46,636,119 tons sold), and
- modify various conditions of approval to reflect the final approved changes.
- Amendment to the approved Reclamation Plan to:
- modify reclamation area to reflect ±816 total acres reclaimed to ±419 acres of agriculture (approximately 80% row crops and 20% tree crops), ±204 acres of permanent lakes, ±174 acres of riparian and other habitat, and ±19 acres of slopes and roads,
- allow a longer period for reclamation by phase and overall, with all reclamation completed by 2052, and
- approve revised Reclamation Plan sheets, Reclamation Plan narrative, and Habitat Restoration Plan.
- Amendment to Development Agreement No. 96-287 to reflect the revised mining and reclamation approvals and net gains.
The Project would also require the following approval(s) from other agencies:
- State Department of Conservation, Division of Mine Reclamation – review of proposed amendments to the Reclamation Plan.
SUMMARY OF THE DRAFT SEIR
Purpose of the Document
As provided in CEQA Guidelines Section 15021, public agencies are charged with the duty to avoid or minimize environmental damage where feasible. The public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors.
CEQA requires the preparation of an EIR prior to approving any discretionary project that may have a significant effect on the environment. For the purposes of CEQA, the term “project” refers to the whole of an action that has the potential for resulting in a direct physical change or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378[a]). With respect to the proposed project, the County has determined that the requested modifications to Mining Permit No. ZF #95-093, the approved Reclamation Plan, and Development Agreement No. 96-287 is a project that has the potential to result in significant environmental effects within the definition of CEQA.
For later discretionary approvals or amendments to projects involving a previously-certified EIR, like this one, CEQA Guidelines Section 15162 states that a Subsequent EIR (“SEIR”) should be prepared in specified circumstances, including when substantial changes are proposed to a project, or the circumstances under which the project will be undertaken have substantially changes, which will require major revisions to the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Further, a SEIR should be prepared where new information becomes available following the certification of the previous EIR that shows:
- the project will have significant effects not discussed in the previous EIR;
- effects discussed in the previous EIR will be substantially more severe than previously shown;
- mitigation measures or alternatives previously found infeasible are in fact feasible, but the project proponent declines to adopt them; or
- considerable different mitigation measures or alternatives would substantially reduce significant effects, but the project proponent decline to adopt them.
Impact Analysis
This Draft SEIR examines each required resource topic, including cumulative effects, to determine if the proposed project changes would result in new or substantially more severe effects as compared to the analysis in the 1996 EIR, as well as the other criteria identified in CEQA Guidelines Section 15162. As necessary, this document updates or expands upon impact discussions in the 1996 EIR to evaluate changes associated with the proposed project, and describes whether new or revised mitigation is required.
EIR conclusions do not dictate Planning Commission or Board of Supervisors approval or denial of a project; they are meant to inform decision-making bodies about the project’s impacts and ways to mitigate them. In taking final action on the project, the County will consider this Draft SEIR in addition to the 1996 EIR when evaluating the project.
The Draft SEIR found that implementation of the proposed project would not result in new (or more severe) significant impacts in the following issue areas and therefore further analysis of them was not required:
- Aesthetics and Visual Resources
- Hazards and Hazardous Materials
- Land Use and Planning
- Population and Housing
- Public Services and Recreation
- Utilities and Service Systems
- Wildfire
Mitigation Measures
For the resource areas involving new or more significant impacts, or new information requiring further review, the Draft SEIR identifies new mitigation measures in the following areas:
- Agricultural and Forestry Resources
- Air Quality, Greenhouse Gases, and Energy
- Biological Resources
- Cultural Resources and Tribal Cultural Resources
- Geology and Soils, Mineral Resources, and Paleontological Resources
- Hydrology and Water Quality
- Transportation and Circulation
- Cumulative Impacts and Other Required Sections
Mitigation measures in the Draft SEIR take the form of modifications to and requirements of the project.
"Unavoidable" Impacts
The Draft SEIR concludes that all impacts can be fully mitigated except for the following:
- Impact 4.1-1: Implementation of the proposed project would have the potential to convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use.
- Impact 4.8-1: Cause an increase in baseline total vehicle miles traveled (“VMT”).
- Cumulative Impact 5-2: Cumulative impacts to farmland.
- Cumulative Impact 5-14: Cumulative impacts to transportation and circulation (net increase in VMT).
CEQA Alternatives
CEQA requires that an EIR consider alternatives to a project that might reduce or eliminate significant impacts. The Draft SEIR evaluates the following alternatives:
Alternative 1A – No Project Alternative: This alternative assumes the project is not modified as proposed, no permit extension is granted, and the current reclamation plan would stay in place. The current approvals would expire August 11, 2027. There would be no change in total mined tonnage.
Alternative 1B – No Project Alternative, Compliance Concerns Corrected: This alternative assumes the project is not modified as proposed, no permit extension is granted, and the current reclamation plan would stay in place. The current approvals would expire August 11, 2027. There would be no change in total mined tonnage. This alternative does assume, however, that modifications to the mining and reclamation plans are made to satisfy outstanding compliance concerns. These modifications include:
- Changes to the mining and reclamation plans to incorporate areas that were over-mined and encroachments within the 200-foot Cache Creek setback;
- Design and implementation of expanded hedgerows along the north boundary of the west half of Phase 1 and the entire west boundary between Phase 1 and Phase 2;
- Resolution of temporary impacts to croplands in excess of the maximum 126 acres of disturbance assumed in the 1996 EIR;
- Corrections to phasing number and order;
- Corrections to lot lines; and
- Modifications to fully comport all approvals of the years to one conformed set of mining and reclamation plans, reclamation narrative, and habitat restoration plan.
Alternative 2 – Shorter Permit Extension: This alternative assumes all proposed modifications to the project, except the permit extension is limited to 10 years, which is one-half the requested period. Annual mined tonnage, mining footprint, and all other approved components of the project would continue. The total additional mining tonnage would be 10,668,263 tons mined (9,968,060 tons sold), which is 50 percent less than the requested amount.
Alternative 3 – Limited Mining During Extended Period: This alternative assumes the annual cap on extraction (1,204,819 tons mined; 1,000,000 tons sold) is reduced by 50 percent to 602,410 tons mined and 500,000 tons sold for the requested permit extension period (2027 to 2047). The approved 20 Percent Exceedance would continue which would allow a maximum of up to 722,892 tons mined and 600,000 tons sold in any given year.
As required by CEQA, Alternative 2 (Shorter Permit Extension) is identified in Chapter 6 of the Draft SEIR as the "Environmentally Superior Alternative" because it would result in reduced impacts compared to the proposed project and meet more of the project objectives than the other alternatives. None of the alternatives eliminated impacts found to be significant and unavoidable for the project. Moreover, the project fully achieves all of the project objectives and fully mitigates impacts in all other topical areas, making it superior to the alternatives.
Deadline for Comments
The Draft SEIR was released for review and comment on March 21, 2024. Comments will be accepted for a 47-day period that ends May 6, 2024, at 4:00 PM. Pursuant to Section 15088(a) of the CEQA Guidelines, late comments will be considered only at the County's discretion.
Comments may be submitted electronically to Casey Liebler, Natural Resources Planner, by emailing Casey.Liebler@yolocounty.org. Comments may also be submitted in writing via mail or hand delivery to:
Yolo County Department of Community Services
Attn: Casey Liebler
(ZF #2018-0015 - Draft SEIR Comments)
292 West Beamer Street
Woodland, CA 95695
Response to Comments
A Final SEIR (Response to Comments) document will be prepared following the review and comment period. This subsequent volume will include responses to comments received on the Draft SEIR, errata, and/or other changes, modifications, or clarifications of the Draft SEIR, identification of any other pertinent data or information, and a mitigation monitoring and reporting plan (MMRP). The County will consider this information when deliberating the project.
Noticing
The "Notice of Availability of a Draft Subsequent Draft Environmental Impact Report (Draft SEIR) for the CEMEX Mining and Reclamation Plan Permit Amendment Project and Notice of Public Meeting on Draft SEIR" ("NOA") was released on Thursday, March 21, 2024. The NOA was published in the Woodland Daily Democrat, mailed to owners and occupants of property contiguous to, and within 300 feet of, the property boundary of the project site, submitted to the State's Office of Planning Research's CEQA online database, and distributed to reviewing agencies and the Cache Creek Area Plan's "Interested Parties" email list.
NEXT STEPS
Following conclusion of the review and comment period, the County will prepare a Final SEIR (Response to Comments). Staff plans to return to the Planning Commission in July 2024, or soon thereafter, for a recommendation to the Board of Supervisors on the proposed project, including certification of the Final SEIR. Final action from the Board of Supervisors is expected in August 2024, or soon thereafter.
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