STAFF REPORT FOR VESTED RIGHTS DETERMINATION AND #REC AMENDED RECLAMATION PLAN APRIL 22, 2014 PAGE BOS-1

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1 AMENDED RECLAMATION PLAN APRIL 22, 2014 PAGE BOS-1 OWNER/APPLICANT: AGENT: REQUEST: ENVIRONMENTAL DETERMINATION: RECOMMENDATION: LOCATION: TOTAL ACREAGE: GENERAL PLAN: FRANK DUTRA NORTHERN AGGREGATES, INC P.O. BO 1566 WILLITS, CA RAU AND ASSOCIATES 100 NORTH PINE STREET UKIAH, CA Vested Rights determination to allow for the annual extraction of up to 200,000 cubic yards (cy) of rock from a hillside quarry and corresponding approval of an amended Reclamation Plan. Mitigated Negative Declaration Approve with Conditions Approximately 7 miles south of Willits, the quarry and aggregate processing site lies on the west side of Highway 101 just south of its intersection with Black Bart Drive (CR# 370); AP# , and Acres RL160 & C ZONING: RL 160/C2 ADJACENT ZONING: North: General Commercial (C2) East: Rangeland (RL 160) South: Rangeland (RL 160) West: Upland Residential (U-R:L-40) EISTING USES: Surface Mining SURROUNDING LAND USES: North: Commercial East: Rangeland South: Rangeland West: Rangeland SUPERVISORIAL DISTRICT: 5 OTHER RELATED APPLICATIONS ON SITE: On June 2, 1983, the Planning Commission (PC) approved Use Permit #U for the extraction of up to 10,000 cubic yards of rock per year from a hillside quarry for a 20 year period. On July 5, 1990, the PC approved Use Permit Modification #UM 19-83/90, allowing for an increased rate of extraction and processing (crushing and screening) of up to 50,000 cubic yards of rock per year for a five year period. Also allowed was a one-time extraction rate of 125,000 cubic yards in 1990 with the total amount not to exceed 325,000 cubic yards for the term of the permit. The permit expired on July 15, 1995.

2 AMENDED RECLAMATION PLAN PAGE BOS- 2 On January 16, 1997, the PC approved Use Permit and Reclamation Plan Renewal #UR 19-83/95, allowing for the extraction and processing (crushing and screening) of up to 75,000 cubic yards of material per year from a hillside quarry for a period of 10 years. The permit expired on January 26, A Minor Modification to the existing Reclamation Plan was approved by the Department of Planning and Building Services (PBS) on September 6, 2001, allowing for the addition of a wash plant to the daily operations at the Harris Quarry. Although permission was obtained at that time, the operator did not have the equipment installed. In August 2010, a request was made to have the equipment set up. As the baseline conditions of the environmental review for the current project had been established by that time, and they did not include water usage for the plant, PBS granted permission to install the equipment with the understanding that no water or electricity could be hooked up until the use permit renewal process had been completed. Development Review #DR for the establishment of a permanent asphalt plant on North State Street in a General Industrial (I-2) zoning district was applied for by the operator but denied by the PC on November 4, 2004, due to irreconcilable land use conflicts with existing residential development in the area. The applicant appealed the decision to the Board of Supervisors (Board), but during the hearing withdrew the appeal after a discussion with the Board about locating the plant at the Harris Quarry. The Board directed PBS to prepare an ordinance amendment that would allow the development of asphalt plants in association with surface mining operations so that the applicant could apply for a permit at the Harris Quarry site. Following the Board s direction, a County initiated ordinance amendment to allow for asphalt processing was brought forward. On May 19, 2005, the PC recommended that the Board adopt a Mitigated Negative Declaration approving Ordinance Amendment #OA expanding the Mining and Processing use type definition (Section of Title 20 Division I of the County Code) to include concrete and asphalt plants not associated with a specific construction project. At that time, the definition of extractive use types included the use of temporary asphalt and concrete plants for specific construction projects only. Included in the recommendation was the suggested consideration of several mitigating qualifications to be added to the ordinance language and whether an Environmental Impact Report (EIR) would be warranted for the proposal. On June 14, 2005, the Board denied the Ordinance Amendment without prejudice. On February 2, 2006, a request was submitted to the County by the Downey/Brand law firm on behalf of Northern Aggregates, Inc. (NAI) for a determination of a vested rights claim. According to the current representatives of NAI, no response was received from the County Chief Executive Officer, although correspondence was received from a contract Planner, working for PBS, stating that the quarry was not vested based on his understanding of County Code. On March 22, 2012, the PC recommended to the Board approval of Ordinance Amendment #OA and Rezone #R , allowing for asphalt and concrete batch plant processing in certain cases when shown to be in conjunction with active mining operations and applying the newly required overlay district to the subject property. The Board certified the Final EIR for the project and adopted the amendment to the zoning code on April 10, 2012, creating the new Mineral Processing Combining District and having it applied to the property through a rezone from Rangeland (RL) to Rangeland with a Mineral Processing Combining District (RL:MP). On June 19, 2012, the Board upheld a May 17, 2012 PC approval of Use Permit and Reclamation Plan Renewal #UR 19-83/2005 allowing for the expansion of an existing hillside quarry for a period of 30 years and the associated construction of an asphalt processing facility. Approximately 30.6 acres of the project site was approved for mining with an additional 9.2 acres for development of access roads and asphalt processing facilities which together totaled 39.8 acres. The approval allowed for an annual extraction rate of up to 200,000 cubic yards (cy) of material. A maximum production rate of 150,000 tons of asphalt was included, as was an allowance for nighttime operations up to a maximum of 100 nights per year. The Boards decision has since been appealed to the Court of Appeals and remains unsettled as of writing this report. Until a final determination is made by the appellate court, the superior court judgment in favor of the petitioners is stayed.

3 AMENDED RECLAMATION PLAN PAGE BOS- 3 PROJECT DESCRIPTION: The applicant is requesting two actions by the Board. The first is recognition of a vested rights claim for an existing quarry operation to allow for the annual extraction of up to 200,000 cubic yards (cy) of rock from a hillside quarry based on evidence provided by the applicant that mining operations were conducted prior to zoning or other land use restrictions became effective on its approximately 91-acre site. The second action would depend on the first. Approval of the requested Reclamation Plan would become necessary to cover any areas mined under a vested rights claim, per the requirements of the California Surface Mining and Reclamation Act (SMARA) and the County Surface Mining and Reclamation Ordinance (County Code Chapter 22.16). A Reclamation Plan has been prepared in anticipation of meeting the requirement and the applicant is seeking its approval concurrently with the vested rights determination (see Attachment D). Reclamation is proposed for approximately 23 acres of mined area, including upper slopes, cut benches, the lower quarry floor and an area where existing (year 2014) material processing is occurring. Reclamation is planned in two phases which are described as the Pilot Reclamation and Final Reclamation. The Pilot Reclamation Stage includes two stages, A and B, and is staggered to accommodate the quarry grading. The time span would be between 5 and 15 years after the approval of this Reclamation Plan, depending on market demand and may be lengthened to allow for grading at a slower rate. However, Pilot planting for each stage will proceed as soon as finished grades in the respective areas have been reached. The benefit of the two-part stage is that some of what is learned in the Pilot Reclamation Stage A can be applied to Stage B. The Final Reclamation Stage will begin about 5 years prior to completion of all extraction, and will proceed from the upper bench to the lower bench as the final extraction slice is removed. According to the Reclamation Plan, mining operations would end by June 19, The anticipated schedule of extraction and reclamation activities would be as follows: Extraction and Processing Stockpile Topsoil (ongoing during summer) Erosion Control Seeding Topsoils Stockpiles (as disturbed, during fall) Pilot Reclamation Planting and Monitoring Stage 1A Stage 1B Pilot Plot Seed Collection and Nursery Propagation Pilot Plot Resoiling and Site Preparation Pilot Plot Planting and Establishment Pilot Plot Monitoring Final Reclamation and Monitoring Seed Collection and Nursery Propagation Disassemble Equipment 2045 Resoiling and Site Preparation Planting and Establishment Monitoring The primary rehabilitation goal is to establish native woody and herbaceous vegetation on re-soiled quarry slopes, benches, floor and processing areas with an end use of Open Space. SETTING: The project site is located approximately seven miles south of Willits on the west side of Highway 101 just south of its intersection with Black Bart Drive. The site is made up of moderate to steep slopes and is vegetated by tanoak, chemise, canyon live oak shrub and grassland. Surrounding land uses consist of open space (east), undeveloped rangeland and low density rural residential (west), mobile home development (over 1.75 miles to the southeast) and roadside commercial activity (north/northeast along Highway 101). ENVIRONMENTAL REVIEW: A Draft Mitigated Negative Declaration (MND) has been prepared for the project drawing off of supporting special studies provided by the applicant and consulting agents. The special studies were used in part to identify potentially significant impacts pursuant to California

4 AMENDED RECLAMATION PLAN PAGE BOS- 4 Environmental Quality Act (CEQA) Guidelines Section The draft environmental document is attached as Attachment F. This document was circulated for public review starting March 20 and ending April 21, In completing the environmental review for this application, staff would emphasize that mining operations with recognized vested rights claims are not subject to environmental review. The environmental review for the subject reclamation plan includes only those environmental impacts caused by the implementation of the plan and cannot address those impacts created by the vested mining operation that are unrelated to the reclamation process. Also, as a general note, reclamation plans are largely designed to mitigate long term impacts of mining by providing for final site reclamation and/or restoration to conditions that are acceptable in terms of public and environmental safety, as well as the availability of the site for future land uses. KEY ISSUES: Issue #1- General Plan and Zoning Consistency- General Plan and zoning consistency are discussed under the Land Use and Planning heading (Section, Mitigated Negative Declaration (MND), p. 30) of the proposed MND finding no significant impacts. The result of the project is to reclaim the mining site to an open space end use, which is compatible with general uses of the Rangeland classification as found in Development Element Policy DE-17. While extraction activities at the site have been recognized as a vested right, and therefore not required to obtain a use permit, Mining and Processing uses are not considered incompatible with the Rangeland zoning district, subject to a major use permit, Section (E). Requirements for a reclamation plan can be met per Section of the County Code with approval of the subject project. The northerly portion of the site is designated Commercial and zoned General Commercial (C2). Reclamation of the quarry to open space would not conflict with future use of the property for commercial purposes. Issue #2- Determination of Vested Rights Claim- Both the California Surface Mining and Reclamation Act (SMARA) and the County Surface Mining and Reclamation Ordinance (County Code Chapter 22.16) require the approval of a use permit and reclamation plan prior to commencement of surface mining operations. However, provisions found in Public Resources Code (PRC) Section 2776 and Section of the County Code state, in relevant part, that: [N]o person who has obtained a vested right to conduct surface mining operations shall be required to secure any permit A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore Title 14, California Code of Regulations (CCR) Section 3951 defines a vested right, in part, as follows: A vested right is the right to conduct a legal nonconforming use of real property if that right existed lawfully before a zoning or other land use restriction became effective and the use is not in conformity with that restriction when it continues thereafter. Relevant criteria or evidence verifying the existence of vested right is discussed in CCR Section 3963, stating that: Relevant evidence in a proceeding for determination of a claim of vested rights shall be written or oral evidentiary statements or material demonstrating or delimiting the existence, nature and scope of the claimed vested right[s]. Such evidence shall include, but is not limited to, evidence of any permit or authorization to conduct mining operation on the property in question prior to January 1, 1976, evidence of mining activity commenced or pursued pursuant to such permit or authorization, and evidence of any zoning or land use restrictions applicable to the property in question prior to January 1, As to any land for which Claimant asserts a vested right for expansion of operations, Claimant shall produce evidence demonstrating that the Claimant clearly intended to expand into such areas. Such evidence shall be measured by objective manifestations, and not subjective intent at the time of

5 AMENDED RECLAMATION PLAN PAGE BOS- 5 passage of the law, or laws, affecting Claimant s right to continue surface mining operations without a permit. Documents submitted by the applicant include newspaper references of historical mining activity at the site, public agency documents noting past use of material from the site and anecdotal accounts of historical use of the quarry, among others, as a means of supporting their claim. These documents have been included as Attachment E of this report. Staff Analysis- The applicant has provided evidence of mining activity at the site since as far back as June 1929, based on an article in the Willits News that referenced a rock crusher, seven miles south of Willits (Willits News, June 28, 1929). Reference of the old rock crusher, six miles south of Willits is again found later in the November 13, 1936, edition of the Willits paper. Further evidence was included of subsequent mining activity at the Ridgewood Quarry that, according to testimony, was later referred to as the Harris Quarry and had existed since at least Additional documents, including past aerial photos and State Public Works records help to corroborate the existence of a quarry at the location from the 1940s through to the present. Based on the materials submitted and staff s understanding of current regulations and case law, a vesting claim can be supported based on evidence that extraction occurred at the site prior to As noted above, under Section or the County Code, a vested right is deemed to exist if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore The County s original zoning code first required use permits for mining activities in 1956, although prior to its adoption, permits were not needed for such uses. Section 3.32 of the 1956 code specified that the establishment of [c]ommercial excavation of natural materials, and [s]urface mining, involving power equipment, required a permit. As the mining operation had already been established prior to the 1956 code, it was considered an allowed use at the time of the code s adoption. Since the operators were not required to obtain a permit when they diligently commenced and incurred substantial liabilities for work and materials prior to 1956, the vested rights claim would exist according to County Code Section With respect to extraction volumes, the applicant is seeking up to 200,000 cubic yards (cy) on an annual basis. Vested rights operations are allowed gradual and natural increases in production volumes to account for increased market demand over time. In 1996, the California Supreme Court held that impermissible intensification would not apply unless immediate removal of quantities substantially exceed[ing] past extraction volumes was being proposed. Little information was provided in the supporting documents regarding the volume of extraction between 1929 and the time of the original use permit approval in Since that time rates of removal have been tied to the entitlements. As noted above, annual removal of up to 10,000 cy of material was allowed in In 1990, a modification permitted up to 50,000 cy per year with a one-time allowance for 125,000 cy. A renewal of the permit in 1997 allowed for up to 75,000 cy of material per year with the most recent renewal in 2012 allowing for up to 200,000 cy. For purposes of determining an appropriate rate of extraction for the vested right claim, the applicant asserts that case law would permit any increase that tracked with demand for aggregate, and that the market demand for aggregate has increased in a manner that would support and justify removal of up to 200,000 cy a year. Staff has asked for additional information to support an extraction volume of 200,000 cy per year given the uncertainty surrounding the historical extraction rates at the Harris Quarry. Staff has requested additional information from the operator to better support the scope of the vested claim. The applicant intends to provide an addendum to the materials already submitted. However, as of this writing, the appropriate size and extraction volume of the vested claim remain unclear. Issue #3- Consistency with Surface Mining Regulations- Both the California Surface Mining and Reclamation Act (SMARA) and Chapter of the County Code (Surface Mining and Reclamation) require reclamation plan approval for vested right operations. As of this writing, comments have not been received from the California Department of Conservation Office of Mine Reclamation (OMR). A condition will be added requiring that the Reclamation Plan incorporate any revisions recommended by OMR prior to final approval (see Condition Number 6).

6 AMENDED RECLAMATION PLAN PAGE BOS- 6 Issue #4- Potential Project Impacts - As noted above, potential impacts from the project are those related to the reclamation of the site. While no significant impacts are anticipated, comments were received from the Little Lake Fire Protection District requesting notification of any road closures resulting from the project. Condition Number 7 is recommended to address the concerns of the district. The MND identified 5 potential impacts that may require mitigation to ensure they would not reach a level of significance, including Cultural Resources, Greenhouse Gas Emissions, Hazards, Hydrology and Noise. Cultural Resources - An archeological survey was conducted on the project site as part of the 2005 application process which was evaluated and accepted by the County Archaeological Commission on July 13, The site and study were again discussed at a Commission meeting on June 8, 2011, for a revised version of that project with no additional comments. Mitigation for the subject project is recommended in the event that cultural resources or human remains are discovered during reclamation activities on disturbed lands (MND Section V, pp ) in order to hold impacts to a less than significant level in this area (see Conditions Number 8 and 9). Greenhouse Gas (GHG) Emissions - GHG emissions from the project would be produced from constructionrelated equipment emissions and fuel use during reclamation activities at the project site and from the import of any fill material or revegetation materials (MND Section VII, pp ). Upon completion of reclamation activities, the project would not result in the generation of additional vehicle trips. GHG emissions resulting from reclamation activity would be short-term in nature and limited in quantity and scope, to approximately 100 hours of operations over a 15 year period and about 3 to 5 truck trips per week over the same 15 year period, resulting in less than significant impacts. However, since the project would have an incremental contribution of GHGs within the context of the County and region, and the project will occur at a future time when GHG emission levels are unknown, Condition Number 10 is recommended to help ensure emissions levels would be kept to a minimum with the use of new and efficient vehicles. Hazards - A requirement for the preparation of a Spill Plan will be made to ensure impacts are kept to a minimum in the case of accidental events involving hazardous materials (MND Section VIII, pp ). Condition Number 11 is recommended to keep impacts to a less than significant level. Hydrology - Standard Best Management Practices (BMP s) and Storm Water Pollution Prevention Plans (SWPPP s) will be required as part of the overall mining operation and future reclamation activities (MND Section I, pp ). Condition Number 12 is recommended to hold potential impacts in this area to a minimum. Noise - A limitations on hours of reclamation operations are recommended to maintain noise levels to a less than significant level (MND Section II, pp ). See Condition Number 13. RECOMMENDED MOTION: Continue the hearing to a date uncertain to allow the applicant a chance to provide additional information documenting the historical scope of mining operations at the site (e.g. size of quarry, amount of production, etc.). Following receipt and review of additional documentation from the applicant that supports the size and scope of the Harris Quarry, the Board of Supervisors may: (1) approve the applicant s claim of a vested rights operation for the Harris Quarry, in either the size and scope requested by the applicant, or some other size and scope to be determined by the Board as supported by the evidence in the record, and (2) approve Reclamation Plan #REC to reclaim the site at the end of mining operations in 2044, based on the following findings: Vested Rights Findings: The Board of Supervisors finds that supporting documentation submitted by the applicant provides sufficient evidence that surface mining operations had been conducted prior to January 1, 1976, and that past operators had incurred substantial liabilities for work and materials necessary therefore pursuant to Section of the Mendocino County Code and Public Resources Code (PRC) Section The Board of Supervisors finds that the applicant has a vested right for surface mining operations at the size and scope supported by substantial evidence in the record.

7 AMENDED RECLAMATION PLAN PAGE BOS- 7 Environmental Findings: The Board of Supervisors finds that no significant environmental impacts would result from the proposed reclamation plan that cannot be adequately mitigated through the conditions of approval, including potential impacts related to cultural resources, greenhouse gas emissions, hazards, hydrology and noise; therefore, a Mitigated Negative Declaration is adopted. General Plan Consistency Finding: As discussed under pertinent sections of the staff report, the proposed reclamation plan is consistent with applicable goals and policies of the General Plan as subject to the conditions of approval. Project Findings: Upon making the above findings, the Board of Supervisors approves Reclamation Plan #REC , further finding that the project complies with regulatory requirements of the Mendocino County Surface Mining Ordinance (Chapter 22.16) and the California Surface Mining and Reclamation Act (SMARA). RECOMMENDED CONDITIONS OF APPROVAL: Conditions which must be met prior to use and for the duration of this permit: 1. This entitlement does not become effective or operative and no work shall be commenced under this entitlement until the California Department of Fish and Game filing fees required or authorized by Section of the Fish and Game Code are submitted to the Mendocino County Department of Planning and Building Services. Said fee of $2, shall be made payable to the Mendocino County Clerk and submitted to the Department of Planning and Building Services prior to April 28, If the project is appealed, the payment will be held by the Department of Planning and Building Services until the appeal is decided. Depending on the outcome of the appeal, the payment will either be filed with the County Clerk (if project is approved) or returned to the payer (if project is denied). Failure to pay this fee by the specified deadline shall result in the entitlement becoming null and void. **2. A maximum of 200,000 cubic yards of material may be removed annually. Approval of this reclamation plan shall become effective after all applicable appeal periods have expired or appeal processes exhausted. This reclamation plan shall expire on June 19, The applicant has sole responsibility for renewing this plan before the expiration date listed above. The County will not provide a notice prior to the expiration date. **3. The applicant shall obtain all permits required by, and comply with, all conditions established by any agencies having jurisdiction including the Army Corps of Engineers, Caltrans, the California Department of Fish and Game, the Regional Water Quality Control Board, and the Mendocino County Air Quality Management District. Any requirements imposed by an agency having jurisdiction shall be considered a condition of this permit. **4. The operator/applicant shall submit the first year s mining inspection and monitoring fee in the amount of $1,125.00, or equivalent based on the current fee schedule to the Department of Planning and Building Services within thirty (30) days of permit issuance. Subsequently, each year during the term of the permit, the operator shall submit the required annual mining and monitoring fee based on the current fee schedule in affect at the time to the Department of Planning and Building Services. The required annual inspection and monitoring fee shall be submitted by December 31st of each year, and made payable to the Department of Planning and Building Services. **5. Pursuant to Section of the California Public Resources Code, the applicant/operator shall have recorded with the County Clerk, a Notice of Reclamation Plan Approval that shall include: a. A statement that Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the County of Mendocino, a copy of which is on file with County Department of Planning and Building Services, and; b. A legal description of the property subject to the said reclamation plan.

8 AMENDED RECLAMATION PLAN PAGE BOS- 8 **6. All recommendations made within the Harris Quarry Vested Rights Claim Reclamation Plan (dated February 2014) prepared by Rau and Associates shall be considered conditions of approval for the subject use permit and reclamation plan. The final reclamation and revegetation of the site shall be done in conformance with the said plan. Any revisions to said plan recommended by the California Department of Conservation Office of Mine Reclamation (OMR) shall be incorporated into the plan to the satisfaction of that agency. The Final Reclamation Plan shall be submitted to the State Office of Mine Reclamation for review. All conditions recommended by OMR during that review shall become part of the final Reclamation Plan for the project. **7. In the event of any road closures, or for any restricted access caused by construction traffic, the operator shall provide adequate notification to the Little Lake Fire Protection District. **8. If cultural resources, such as chipped or ground stone or bone are discovered during ground-disturbing activities, work shall be stopped within 20 meters (66 feet) of the discovery, as required by CEQA (January 1999 Revised Guidelines, Title 14 CCR (f)). Work near the archaeological finds shall not resume until a professional archaeologist who meets the Secretary of the Interior s Standards and Guidelines and appropriate tribal representatives have evaluated the materials and offered recommendations for further action. **9. If human remains are discovered during project construction, work will stop at the discovery location, within 20 meters (66 feet), and any nearby area reasonably suspected to overlie human remains (Public Resources Code, Section ). The Mendocino County Coroner will be contacted to determine if the cause of death must be investigated. If the coroner determines that the remains are of Native American origin, it will be necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the NAHC (Public Resources Code, Section 5097). The coroner will contact the NAHC. The descendants or most likely descendants of the deceased will be contacted, and work will not resume until they have made a recommendation to the landowner or the person responsible for the excavation work for means of treatment and disposition, with appropriate dignity, of the human remains and any associated grave goods, as provided in Public Resources Code, Section Work may resume if NAHC is unable to identify a descendant or the descendant failed to make a recommendation. **10. Reclamation activities will require that at least 50% of the trucks (i.e., dump trucks, soil haul trucks, transport trucks) working at the site will be no more than 5-years of age in order to be emissions efficient at the time of reclamation activities. **11. Reclamation activities will have in-place, prior to the use of heavy equipment and vehicles, a Spill Plan that outlines the reporting requirements and activities required to identify, contain and cleanup any spill of petroleum materials from construction equipment and vehicles. The Spill Plan shall be prepared to the standards applicable at the time of reclamation activities, but shall include at a minimum the 1) listing of potential contaminants that may be accidentally released at the site, 2) identification of areas of the site where accidental releases are likely to occur, 3) the location of spill response equipment (absorbent materials, pads, booms, etc) at the reclamation area, 4) procedures for response to spills, including containment, cleanup and disposal, 5) notification procedures and contact information for local, county, state or federal emergency response authorities/agencies and others that may be required at the time the Spill Plan is prepared. **12. For grading activities that are below regulatory thresholds for development of individual grading plans or development of Storm Water Pollution Prevention Plans (SWPPP), an Erosion and Sediment Control Plan (ESCP) will be developed by a qualified professional that implements best management practices (BMP s) for the activity. The ESCP will provide specific erosion and sediment control practices such as hydroseeding, use of straw wattles and silt fences, water detention facilities, and other measures that are anticipated to be needed to control erosion and sediment from the grading activities. **13. Reclamation activities that utilize heavy equipment will be limited to daytime operating hours, generally between the hours of 7:00 am and 7:00 pm.

9 AMENDED RECLAMATION PLAN PAGE BOS The applicant shall submit to the Department of Planning and Building Services a written statement that provides the operator s name, contact person and proposed quantities to be mined. Said statement shall be submitted 30 days prior to commencement of any extraction. Prior to any change of operators, the applicant shall notify the Department of Planning and Building Services 30 days prior to extraction. The applicant shall provide an accounting of all materials mined by each operator. Any change in operators shall not exempt the applicant/operators from providing required monitoring information. 15. The applicant shall grant access to the property during hours of operation to permit County representatives or any consultants hired by the County for inspection, enforcement, or monitoring activities deemed desirable by the County. The applicant shall designate an individual who is to be available at all times for purposes of supplying information deemed necessary by the authorized County representatives in connection with such work during working hours. 16. This permit is issued without a legal determination having been made upon the number, size or shape of parcels encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void. 17. This permit shall be subject to revocation or modification by the Planning Commission upon a finding of any one (1) or more of the following grounds: a. The permit was obtained or extended by fraud. b. One or more of the conditions upon which the permit was granted have been violated. c. The use for which the permit was granted is so conducted as to be detrimental to the public health, welfare or safety, or as to be a nuisance. Any such revocation shall proceed as specified in Title 20 of the Mendocino County Code. 18. A copy of the reclamation plan and grading plan shall be kept on site at all times. 19. The application along with supplemental exhibits and related material are to be considered elements of this entitlement and compliance therewith mandatory, unless a modification has been approved by the Planning Commission. 20. Prior to the commencement of any mining activities or associated work, the applicant/operator shall submit to the Department of Planning and Building Services (PBS) for review and approval a Financial Assurance Cost Estimate pursuant to Public Resources Code Section (a)(3), for which a financial assurance mechanism will be based on (see below). Annual revisions to the cost estimates shall be provided to PBS for review and approval, accounting for new lands disturbed by surface mining operations, inflation and reclamation of lands accomplished in accordance with the approved reclamation plan. 21a. The applicant shall provide Mendocino County with a cash or surety bond or other acceptable form of financial assurance for the reclamation plan mitigation measures. The bond shall be available to both the County of Mendocino and the Department of Conservation. Any withdrawals made by the County or Department of Conservation for reclamation shall be redeposited by the applicant within 30 days of notification. The bond amount shall be calculated based on a cost estimate submitted by the applicant and approved by both County staff and the Department of Conservation for the approved reclamation procedures. The bond shall be established and in place within six (6) months of project approval. Each year, following annual site inspection, the bond amount shall be adjusted to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.

10 AMENDED RECLAMATION PLAN PAGE BOS- 10 The security bond is not set up to replace the applicant s responsibility for reclamation or mitigation, but to assure funding for the reclamation plan and mitigation measures. Should the applicant fail to perform or operate within all the requirements of the approved reclamation plan, the County or Department of Conservation will follow the procedures outlined in Section and of the Surface Mining and Reclamation Act (SMARA), regarding the encashment of the bond and applicable administrative penalties, to bring the applicant into compliance. The requirements for the bond will terminate when the approved reclamation plan and mitigation measures have been completed. 21b. Implementation and Verification. The financial assurance shall name both the County and the Department of Conservation as payees per the requirements of AB The amount will be based on an estimate of reclamation cost provided by the applicant and subject to review by both County staff and Counsel and the Department of Conservation. The financial assurance will be reviewed on an annual basis for adequacy and shall be released when the approved project, mitigation measures and final reclamation plan activities have been completed. DATE JOHN SPEKA PLANNER III JS/at April 7, 2014 Mitigated Negative Declaration ** Indicates conditions relating to Environmental Considerations - deletion of these conditions may affect the issuance of a Mitigated Negative Declaration. REFERRAL AGENCIES County Dept. of Transportation Environmental Health Building Inspection Air Quality Management District County Water Agency U.S. Fish and Wildlife Service U.S. Army Corps of Engineers Dept of Conservation OMR Soil Conservation Service CHP Department of Fish and Wildlife Little Lake FD Willits City Planning State Clearinghouse NOAA Fisheries REFERRAL NOT RETURNED REFERRAL RECEIVED "NO COMMENT" COMMENTS RECEIVED Attachment A- Vicinity Map Attachment B- Site Location Attachment C- Site Plan Attachment D- Proposed Reclamation Plan and Corresponding Initial Study/Mitigated Negative Declaration (IS/MND)(for Board of Supervisors only, otherwise can be viewed at Ukiah Office of Planning and Building Services, or else online athttp:// Attachment E- Vested Rights Claim Supporting Documentation