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DEPARTMENT of PUBLIC WORKS and PLANNING
DEVELOPMENT SERVICES DIVISION
Reduced Alternative 4 - History
• May 2011, the Applicant proposed and endorsed a reduced version of the Draft EIR
Alternative 4, which incorporates additional reductions in the size of the mining
surface disturbance area, as well as substantially shortening the life of the project,
and reducing both annual and total production levels. Specific data was still
needed at this time to initiate a full analysis.
• May 2011 to October 2011 Applicant submitted additional specific data to the
County fully describing the Reduced Alternative – County EIR consultant and
County staff analyze the reduces alternative for compliance with CEQA and
potential impacts – completed November 2011.
• Upon analysis - Reduced Alternative 4 was included in the FEIR and formally
announced in the Notice of Availability December 2011.
Reduced Alternative 4 would not preclude mining on the face of Jesse Morrow
Mountain, this Alternative would avoid excavation on the ridgeline (excavation on the
face would be limited to a point approximately 500 feet below the ridgeline). Under
the proposed project, excavation from the Jesse Morrow Mountain ridgeline allows
the project to achieve 2:1 slopes at final contour. Under this Alternative, overall
slopes would be 1:1.
TABLE 1 (SEE STAFF REPORT PAGE 9)
PROPOSED PROJECT AND REDUCED ALTERNATIVE 4 SUMMARY COMPARISON
Project Element Proposed Project Reduced Alternative 4
Acreage
Total Surface Disturbance 440 acres 195 acres
Mined Acreage 400 acres 100 acres
Processing Acreage 40 acres 40 acres
Other Acreage 0 acres 55 acres (fill, material
storage, and berms)
Production
Total Aggregate Reserves Mined 200 million tons 75 million tons
Maximum Annual Production 2 million tons 1.5 million tons
Operations Period
Mining 100 years 50 years
Final Reclamation 3 years 3 years
End Use
Reclaimed Slope Angle 2:1 1:1
Lowest Elevation 500 feet amsl (75 feet bgs) 375 feet amsl (200 feet bgs)
Reclaimed End Use Open Space/ Grazing Open Space/Grazing
Planning Commission Hearing Summary
February 9, 2012
• The Commission considered this item on February 9, 2012
• The Commission received/considered staff presentation, County Consultant,
Applicant, public in favor of the proposal and public in opposition.
• Upon consideration, the Commission Chair closed the public testimony portion
of the hearing.
• The Commission voted seven to one to continue the hearing to a date
uncertain and to allow for applicant rebuttal and project opponent sur-rebuttal.
Issues raised at previous Planning Commission Hearing
February 9, 2012
Biological Survey: Specifically related to general procedures and Mountain Lion habitat.
Hydrology: Analysis of any potential loss of groundwater recharge and impact on groundwater levels,
groundwater use during dry years and impact on groundwater levels, and the potential of blasting impact on wells
and the canal.
Air Quality: NOx/Ozone Relationship, Project Impact, and Explanation of ATC/PTO Permit Process, Explanation of
NOx Emissions Sources and Comparison between Proposed Project and Reduced Alternative 4, PM Emissions
Control Measures (Regulation VIII), and PM Emissions Threshold Response to SJVAPCD.
Traffic: Clarification of proposed Mitigation Measure related to CalTrans facilities - Opening Day Improvements/
Fair Share Contribution.
Geology and Soils/Zoning Exception Provision: Concern regarding Core Samples, Slope Stability of Reduced
Alternative 4 Reclaimed Slopes and clarification pertaining to the Zoning Ordinance Exception.
Clarification regarding the State Department of Conservation (DOC) review process (and their response)
Blasting Procedures and Process:
Operational Statement Clarification : Clarification based on specific questions regarding the maximum daily
tonnage produced at the facility.
Supply and Demand of Aggregate Material. Whether the Department of Conservation’s reports regarding supply
and demand of aggregate material considered the recent recession.
Selma Rail Facility: Whether the Selma Rail Facility should be considered a feasible alternative to the Project.
State Department of Conservation (DOC) & County staff Review
Department of Conservation Office of Mine Reclamation Conditions of Approval for the Jesse
Morrow Mountain Reclamation Plan
Site Plan
1. Prior to the commencement of mining activities, the operator shall submit the following information to the
Department of Public Works and Planning for incorporation into the approved surface mining and reclamation
plan in accordance with the provisions of the Surface Mining and Reclamation Act (SMARA) of 1975:
(a) A Site Plan identifying in further detail the locations of structures and facilities to be utilized by the mining
operations. Such structures and facilities may include but not be limited to office buildings, parking areas, rock
crushers, rock separators, etc... The Site Plan may be submitted independent of or as part of the mandatory
Site Plan Review Application that must be filed and approved prior to the commencement of mining activities.
The reclamation plan shall be supplemented with only those elements of the Site Plan subject to the provisions
of the Surface Mining and Reclamation Act. Site Plan details supplementing the Reclamation Plan shall not be
considered a substantial deviation of the approved reclamation plan under SMARA section 3502(d).
(b) An Engineered Grading and Drainage plan shall be submitted to the Department of Public Works and
Planning demonstrating how surface runoff and drainage will be controlled in accordance with Fresno County
Standards. The plan must include calculation of runoff quantities generated by this development and capacity
of proposed facilities. The plan must also include detailed erosion control measures designed for not less than
the 20 year/1 hour intensity storm event. The reclamation plan shall be supplemented with those elements of
the Engineered Grading and Drainage plan subject to the provisions of the Surface Mining and Reclamation
Act. Engineered Grading and Drainage plan details supplementing the Reclamation Plan shall not be
considered a substantial deviation of the approved reclamation plan under SMARA section 3502(d).
Note: Upon receipt and deeming the materials complete, the information shall be processed as a plan
amendment to allow the incorporation of these documents into the reclamation plan. As part of the review
process, the County shall provide the Department of Conservation/Office of Mine Reclamation the opportunity
to review the amended reclamation plan in accordance with the provisions of Public Resources Code Section
2774.
State Department of Conservation (DOC) & County staff Review
1(c). An engineering analysis that demonstrates The initial stability of the proposed 1.5:1 (H/V) pit slopes.
The proposed treatment of slopes shall take into account the physical properties of the slope material (i.e.,
rock fracture orientations) and its probable maximum water content, be limited to a maximum of 1.5:1 (H/V)
until such time as the operator causes to be conducted, but no No later than completion of the first bench,
the operator shall cause to be conducted a supplemental geotechnical analysis by a professional with
expertise in this field to support a steeper design. The analysis shall include factors of safety of 1.3 or
greater for both bench-scale and large-scale slope failures as outlined in the Preliminary Slope Stability
Analysis (GEOCON September 2011) provided in the Reclamation Plan and shall demonstrate stability under
static and seismic conditions. If analysis is performed in support of a steeper slope, the project proponent
shall submit to the Department of Public Works and Planning a report for review and approval. Approval of a
steeper slope up to a 1:1 (H/V) shall not be considered a substantial deviation of the approved reclamation
plan under SMARA section 3502(d). The County shall have 90 days to review and approve/deny the request
based upon the information provided.
Note: Upon receipt and deeming the materials complete, the information shall be processed as a plan
amendment to allow the incorporation of these documents into the reclamation plan. As part of the review
process, the County shall provide the Department of Conservation/Office of Mine Reclamation the
opportunity to review the amended reclamation plan in accordance with the provisions of Public Resources
Code Section 2774.
2(d). Monitoring and mitigation of areas of observed instability of the active mine and reclaimed slopes shall
be conducted annually by a registered engineer or geologist. The annual reports shall be submitted to the
Department of Public Works and Planning by the end of the calendar year . If, after three consecutive years,
the geotechnical analysis can demonstrate mine and reclaimed slopes are stable and meet the design factor
of safety annual monitoring shall cease and be modified to occur every three years until expiration of the
CUP term or completion of mining.
State Department of Conservation (DOC) & County staff review
Slope Stability Analysis for Overburden Pile
1(e). The rationale and assumptions used to determine that the overburden pile slopes, to be constructed at a
slope angle of 2:1 (H/V) (maximum), will have a factor of safety that is suitable for the proposed end use. shall
be limited to a maximum of 2:1 (H/V). Once the excavation activity has been in operation for one year the The
slope stability and factor of safety of the overburden pile shall be verified, with site-specific data obtained
from representative samples, by a professional with expertise in this field, and a report submitted to
Department of Public Works and Planning, within a period not to exceed one year from the commencement
of earth moving activities at the site.. The County shall have 90 days to review and approve/deny the request
based upon the information provided. If any revisions are necessary to the overburden pile design slope per
the supplemental analysis the County shall require that they be instituted at that time. Minor changes to slope
angle or factor of safety as a result of this initial geotechnical analysis shall not be considered a substantial
deviation of the approved reclamation under SMARA section 3502(d).
Note: Upon receipt and deeming the materials complete, the information shall be processed as a plan
amendment to allow the incorporation of these documents into the reclamation plan. As part of the review
process, the County shall provide the Department of Conservation/Office of Mine Reclamation the
opportunity to review the amended reclamation plan in accordance with the provisions of Public Resources
Code Section 2774.2.
2(f). Annual monitoring and mitigation of areas of observed instability of overburden pile slopes shall be
conducted by a professional with expertise in this field. The annual reports shall be submitted to the
Department of Public Works and Planning by the end of the calendar year . If, after three consecutive years,
the geotechnical analysis can demonstrate overburden pile slopes are stable and meet the design factor of
safety annual monitoring shall cease and be modified to occur every five years until expiration of the CUP
term or completion of mining.
State Department of Conservation (DOC) & County staff review
Department of Conservation Office of Mine Reclamation Conditions of Approval for the Jesse
Morrow Mountain Reclamation Plan
Background information: The reclamation plan incorporates the EIR findings that assert groundwater inflow and
precipitation are insufficient in quantity, relative to evaporation, to cause accumulation and persistence of surface
and groundwater in the pit under average annual conditions. Because accumulation of water can result in adverse
water quality under certain conditions, the accuracy of conclusions is important. The following conditions is are
designed to ensure that surface and groundwater will be protected from siltation and pollutants which may
diminish water quality as required by the Federal Clean Water Act, the Porter-Cologne Act, County anti-siltation
ordinances, the Regional Water Quality Control Board or the State Water Resources Control Board. Additionally,
the conditions are designed to verify the conclusions and validity of the reclamation plan prior to creating the
potential for such conditions by mining at depth and creating a basin with no surface water exit.
Groundwater Analysis
1. 1. Before mining, the proponent shall submit all data used to form the conclusions of the May 16, 2012 EMKO
Environmental, Inc. Technical Memorandum, which may include, but not be limited to, copies of original geologic
boring logs prepared by a qualified and licensed professional, well construction details (screened intervals of
wells, annular seal thickness and material), and all pumping test data and any hydrogeological evaluations
prepared in association with well pumping test to the Department of Public Works and Planning.
Note: The County shall provide the Department of Conservation/Office of Mine Reclamation the opportunity to
review the above technical information.
2. Before mining below the elevation of 480 amsl, at least three exploratory wells shall be completed within the pit
floor area to a depth below the ultimate pit floor elevation to gather data regarding groundwater conditions. The
well locations shall be based on a fracture-trace analysis and theThe drilling program shall be prepared and
directed, under a scope of work approved by the Department of Public Works and Planning, by a qualified and
licensed professional, with experience in evaluating groundwater conditions within fractured bedrock. The wells
shall be constructed in compliance with state of California Water Well Standards and Fresno County well permit
requirements.
State Department of Conservation (DOC) & County staff review
23. After the wells are installed and properly developed, if groundwater is encountered, the wells shall be
sampled and the samples analyzed at a California-certified laboratory for the same parameters shown in Table
3.8-2 Water Quality Analytical Results in the Final EIR. Should those conditions differ substantially from the
conclusions in the Final EIR, supplemental analysis shall be completed to determine if annual retention of
surface water within the pit could adversely affect groundwater quality.
34. After the wells are installed and properly developed, if groundwater is encountered, pumping tests shall be
conducted and evaluated, under a scope of work approved by the Department of Public Works and Planning, by
a qualified and licensed professional, to determine if the quantity would change the pit water balance
calculations (see May 16, 2012 EMKO Environmental, Inc. Technical Memorandum). Should the analysis conclude
that pit water would remain year-around under average annual conditions, the reclamation plan shall be
amended, including consideration of the potential for degradation of the quality of surface and groundwater
water.
45. In addition to the exploratory wells, at least three monitoring wells shall be completed down gradient from the
pit floor area to a depth below the ultimate pit floor elevation to gather water samples for water quality impacts.
The monitoring program shall be prepared and directed, under a scope of work approved by the Department of
Public Works and Planning, by a qualified and licensed professional with experience in groundwater monitoring
and shall include a monitoring schedule for sampling. Should those conditions differ substantially from the
conclusions in the Final EIR, supplemental analysis shall be completed to determine if groundwater quality is
being adversely affected by mining operations.
i “Scope of Work” is defined as a work program that defines the parameters of subsequent studies to confirm
findings identified in the EIR. The Scope of Work shall include, but is not limited to, description of the work
program, onsite monitoring activities, reporting obligations, and timeframes for which work program, monitoring,
and reporting shall be completed.
Note: Upon receipt and deeming information materials complete, the information shall be processed as a plan
amendment to allow the incorporation of these documents into the reclamation plan. As part of the review
process, the County shall provide the Department of Conservation/Office of Mine Reclamation the opportunity to
review the amended reclamation plan in accordance with the provisions of Public Resources Code Section 2774.
DEPARTMENT of PUBLIC WORKS and PLANNING
DEVELOPMENT SERVICES DIVISION
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