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ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY
NEIGHBORHOOD PRESERVATION
AND
SUSTA1NABILITY DEPARTMENT
Chris BazarAgency Director
James D. GilfordDirector
224
West Winton AveRoom 205
Hayward
California
94544-1215
phone
510.670.5333
fax
510.670.6431
www.acgov.org/cda
April 25, 2013
Scott Hess
Cemex, Inc.
333 N. Lantana Street, Suite 102
Camarillo, CA 93010
RE: SMP-23 (Eliot Mine) - Lake B Corrective Action Plan
Mr. Hess:
This letter responds to the February 12, 2013 request for administrative
approval of an amendment to the approved reclamation plan for Surface
Mining Permit & Reclamation Plan No. 23 ("SMP-23"), in accordance with
Surface Mining Ordinance §6.80.120. More specifically, the request concerns
the portion of SMP-23 commonly referred to as "Lake B."
Proposed Reclamation Plan Amendment
The approved reclamation plans depict a maximum excavation depth of three-
hundred forty (340) feet Mean Sea Level (MSL) at Lake B.1 The proposedreclamation plan amendment proposes to deepen Lake B, within its present
footprint, to a maximum depth of two-hundred fifty (250) feet MSL.2 Allslopes would be maintained at a maximum angle of 2-to-l with no back-fill
occurring.
The proposed reclamation plan amendment was subject to a groundwater
impact assessment and slope stability investigation.3 The County has reviewedthe contents of those studies and agrees with their conclusions; namely, that
the proposed reclamation plan amendment would result in no slope instability
and no adverse effects to groundwater. The Zone 7 Water Agency also
concurred with each study's findings in a November 15, 2012 letter.
Exhibit B to Planning Commission Resolution No. 87-18, Sheet 9 of 14.
Sheet 1 and 2, ofplans by Spinardi Associates dated June 10, 2012 and labeled "Lake B -
Corrective Action Planfor Cemex SMP-23 Lake B Area Three-Year Plan."
Berloger Stevens & Associates, Slope Stability Investigation Lake B - Corrective Action
Plan SMP-23 Quarry Livermore, California, October 30, 2012; Dr. Andrew A. Kopania,Groundwater Impact Assessment of the Lake B - Corrective Action Plan for the Cemex
Eliot Quarry -SMP-23 Pleasanton, California, October 17, 2012.
(SMP-23) Lake B Corrective Action Plan Page 2 of 5
Applicable Standard of Review
Surface Mining Ordinance §6.80.120 states, in relevant part,
"Applications to modify the terms or conditions of, or uses permitted
under, a surface mining permit or an approved reclamation plan shall be in
accord with the provisions of this section, except that minor changes in
dimensions, volumes, or timing of the staging plans that will not affect
implementation the reclamation plan may be approved by the planning
director."
Surface Mining and Reclamation Act Regulations §3 502(d) states, in relevant
part,
"An amended reclamation plan shall be approved by the lead agency prior
to the commencement of activities determined to be a substantial deviation
from the approved plan. For purposes of the Surface Mining and
Reclamation Act of 1975 and regulations adopted pursuant thereto, a
substantial deviation shall be defined as a change or expansion to a surface
mining operation that substantially affects the completion of the
previously approved reclamation plan, or that changes the end use of the
approved plan to the extent that the scope of the reclamation required for
the surface mining operation is substantially changed."
Director Approval ofRequest
In accordance with the administrative authority provided in Surface Mining
Ordinance §6.80.120, approval is hereby granted for the "Lake B Corrective
Action Plan (CAP)." Findings supporting this action, as required by Surface
Mining Ordinance §6.80.160, include:
1. That the amended reclamation plan complies with SMARA Sections
2772 and 2773, as may be amended, the provisions of the Alameda
County Surface Mining Ordinance, and other applicable provisions.
The amended reclamation plan concerns a request to mine deeper
within a limited portion of Lake B at SMP-23. Mining would occur
within the originally approved reclamation plan's surface area. This
request would not materially alter the originally approved reclamation
plan which was previously approved in accordance with the
aforementioned sections of SMARA and the Surface Mining
Ordinance. Lake B would remain, as intended.
2. That the amended reclamation plan complies with applicable
requirements of State regulations (CCR §§3500-3505, and 3700-3713,
as may be amended). The amended reclamation plan does not
constitute a substantial deviation, as defined by CCR §3 502(d), since it
would:
(SMP-23) Lake B Corrective Action Plan Page 3 of 5
a. Not result in an increase in the disturbance of a surface area or a
substantial increase in the maximum depth of mining, as
demonstrated by Sheets 1 and 2 of the plans prepared by Spinardi
Associates, titled "Lake B - Corrective Action Plan for Cemex
SMP-23 Lake B Area Three-Year Plan, dated June 10, 2012.
b. Not result in an extension of the termination date of the mining
operation as set out in the approved reclamation plan.
c. Not affect the approved end use of the site as established in the
reclamation plan. Lake B would remain, as contemplated by the
Specific Plan for Livermore Amador Valley Quarry Area
Reclamation ("LAVQAR Specific Plan"). In fact, the amended
reclamation plan would result in an enhancement to Lake B by
enabling greater recharge of the groundwater basin.4
3. That the amendment will not cause the originally approved
reclamation plan, including its planned use of reclaimed land, to be
inconsistent with this chapter, the county's general plan and LAVQAR
Specific Plan. The LAVQAR Specific Plan depicts the creation of
Lake B at the area subject to this request. The amended reclamation
would, as mentioned, continue to enable the creation of Lake B.
4. That the amendment has been reviewed pursuant to the California
Environmental Quality Act (CEQA) and determined to be
Categorically Exempt pursuant to CEQA Guidelines §15301.
5. That the land and/or resources such as water bodies to be reclaimed
will be restored to a condition that is compatible with, and blends in
with, the surrounding natural environment, topography, and other
resources. The amended reclamation plan would not materially alter
the way Lake B is planned to relate to the surrounding environment.
6. That the reclamation plan will restore the mined lands to a usable
condition that is readily adaptable for alternative land uses consistent
with the general plan and applicable resource plan, as specified in the
reclamation plan.
7. That, prior to acting on the proposed amendment to the approved
reclamation plan, it was sent to the State Department of Conservation
for review, in accordance with SMARA §2774. A written response
from the State Department of Conservation, Office of Mine
Reclamation (OMR) was received, in email format, on April 15, 2013.
The OMR response indicated support, without exception or conditions,
See Page 12 of Groundwater Impact Assessment of the Lake B - Corrective Action Plan
for the Cemex Eliot Quarry - SMP-23 Pleasanton, California, by Dr. Andrew A.
Kopania and dated October 17, 2012.
(SMP-23) Lake B Corrective Action Plan Page 4 of 5
for the action taken herein. The county's position is not at variance
with the State Department of Conservation.
In addition to the findings provided in accordance with Surface Mining
Ordinance §6.80.120, the Community Development Agency makes the
following additional findings:
1 . Continued mining and reclamation activities are, in general, desirable
at SMP-23 since they provide locally extracted minerals essential to
the economic well-being of the County of Alameda.
2. This approval must not conflict with the requirements imposed by the
Alameda County Planning Commission vis-a-vis Resolution No. 12
20. Conditions included below are intended to avoid such a conflict.
3. Prior to granting this approval, the Community Development Agency
provided copies of all submittals referenced herein to the Zone 7
Water Agency staff for their review and comment. On March 21,
2013, the Zone 7 Agency staff communicated, via email, no objection
to the Community Development Agency issuing this approval.
4. Prior to granting this approval, the Community Development Agency
completed independent peer reviews, by qualified experts, of the
submitted Berloger Stevens & Associates, Slope Stability Investigation
Lake B - Corrective Action Plan SMP-23 Quarry Livermore,
California, October 30, 2012; and Dr. Andrew A. Kopania,
Groundwater Impact Assessment of the Lake B - Corrective Action
Plan for the Cemex Eliot Quarry - SMP-23 Pleasanton, California,
October 17, 2012.
This approval is, as provided by Surface Mining Ordinance §6.80.180, subject
to the following conditions:
1. Mining shall be in substantial compliance with Sheet 1 and 2 of the
plans prepared by Spinardi Associates, dated June 10, 2012 and
labeled "Lake B - Corrective Action Plan for Cemex SMP-23 Lake B
Area Three-Year Plan."
2. Mining may occur within the existing footprint of Lake B until June
17, 2013. If the application required by Condition No. 7 of Planning
Commission No. 12-20 is received by June 17, 2013, mining may
continue for a period of twelve (12) months. Alternatively, if that
deadline is not met, mining shall cease until the application is
received.
3. The Permittee may request to extend this approval if the Director
determines the Permittee is in substantial compliance with Condition
No. 8 of Planning Commission No. 12-20.
(SMP-23) Lake B Corrective Action Plan Page 5 of 5
4. If, after June 17, 2013, the Director determines the Permittee is not in
substantial compliance with Condition No. 8, of Planning Commission
No. 12-20, this approval may be revoked and remedy should be sought
through Article V of the Surface Mining Ordinance.
Conclusion
Thank you for efforts to comply with applicable local and State regulatory
requirements. If you have any questions or would like additional information,
please contact me at (510) 670-6437 [email protected].
Respectfully,
James Gilford, Director
C: William Fleischaker, Alameda County Counsel
leth Hendrickson, Office of Mine Reclamation
Patrick Mitchell, Downer Brand Attorneys, LLP
Carol Mahoney, Zone 7 Water Agency
Colleen Winey, Zone 7 Water Agency
Kevin Colin, Lamphier-Gregory
