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RESOLUTION NO. 697'
A RESOLUTION OF THE CITY COUNCIL OF TH.E .CITY OF REDLANDS
APPROVING A RECLAMATION PLAN! FOR AGGREGATE MINING
ING
OPERATIONS OF ROBERTSON'S READY ILII ("ROBERTSON'S")
PURSUANT TO CONDITIONAL AL I SE PERMIT NOS, 948, 949 AND 904
BE IT`RESOLVED, by the City Council of the City of Redlands as follows:
Section 1. The City Council of theCity of Redlands hereby approves the
Reclamation Plan, a copy of which is attached hereto as Exhibit "A," for Conditional Use Permit
Nos. 948, 949 and 964, subject to the Conditions of Approval attached hereto as .Exhibit "B,"and
based upon the following findings:
A. That this City Council finds, and the Department of Conservation's Office of
Mine Reclamation has fecund, that the Reclamation Plan complies with Sections'2772,
2773 and 2773.1 of the Public Resources Code, and other applicable law.
B. That the Reclamation Plan, and the proposed uses of lands that will be reclaimed`
pursuant to such plan which are open space, groundwater recharge and/or water storage,
are consistent with Chapter 18.266 of the Redlands Municipal Code, as well as the
policies of the Redlands General Plan's Open Space and Conservation Element.
C. That the Reclamation Plan has been reviewed in accordance with CQA and the
City's + ECA ;guidelines, and all significant adverse impacts resulting from the surface
raining operations addressed by the plan are mitigated to the maximum extent feasible.:
The Reclamation flan is consistent with the Upper Santa Ana River Wash Land
Management and Habitat Conservation Plan which covers aggregate mining activities of
Robertson's Ready Mix on the areas desigtiated in the Land Management, Plan for
mining including construction of aggregate vehicle haul roads, and reclamation of the
mine pits at the conclusion of the mining operations. All environmental impacts related
to the proposed mining operations have been disclosed in an Environmental Impact
Report certified by the San Bernardino Valley Water Conservation District (SBVWCD)
on November 12, 2008 (SBVWCD Resolution No. 443). The proposed mining
operations addressed by the plan have been lawfully conditioned with mitigation
measures from the Environmental Impact Report to ensure the mining operations will
have limited effects on the environment.
D. That the land and water resources to be reclaimed will be restored to a condition
that is compatible with the surrounding natural environment, topography, and other
resources, or that suitable off-site development will compensate for related disturbances
to resource values. Robertson's proposes to mine Plunge Creels Quarry to furan a:
drainable basin that will enhance the capacity of the East Basin Flood ControlBasin and
also provide open space; the Silt Pond Quarry will be backfilled and used for the open
space; and the East Quarry South will be used for ,groundwater recharge or a water
storage basin.
E. That the Reclamation Plan will restore the mined lands to a usable condition
which is readily adaptable for alternative land uses consistent with the City's General
Plan. Such land uses anticipate the removal of all exiting structures,tanks, equipment and
aggregate stockpiles. The land will then be covered with salvaged topsoil material and
revegetated. The final uses for these reclaimed lands are ground water recharge, water
storage basins, recreation and open space.
F. That a written response to the State Department of Conservation's Director has
been prepared, describing the disposition of major issues raised by the Director. Where
the City's position is at variance with the recommendations and objections raised by the
Director, said response shall address, in detail, why specific comments andsuggestions
were not accepted. On March 12, 2009, Staff submitted the. subject Mine and
Reclamation Plans to OMR for technical assistance. On April 13, 2009, OMR provided
comments including a request for a single reclamation plan be provided for all three
quarries, On August 27, 2009, City staff requested a formal review of the Reclamation
Plan, and on September 3, 2009, OMR informed the City that the Reclamation Plan
satisfactorily addressed all OMR comments.
ADOPTED, SIGNED AND APPROVED this 3rd day of August. 20 10.
- e
Mayor of City of Redlands
ATTEsf:
City Clerk
1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution
No. 6979 was duly adopted by the City Council at a regular meeting thereof held on the 3rd day
of August, 2010 by thefollowing vote:
AYES: Councilmemhers Harrison, Gallagher, Aguilar; Mayor Gilbreath
NOES: None
ABSENT: Councilmember Bean
ABSTAIN: None
A
Sam Irwin, City Cler
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DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 948
Applicant: Robertson's Ready Mix
Location: 'Fest of Orange Street
Robertson's East Quarry South
City of Redlands- Conditional Use Permit NO. 948
The Conditions of Approval below are continuing Conditions. Failure of the Applicant
and/or'Operator to comply with any or all said Conditions may result in the revocation of
this Permit granted to use the subject property(ies), pursuant to Redlands Municipal`
Code (RMC) Section 18. 192.100.
Some Conditions (denoted by an asterisk "") will not be applicable unless and until the
following actions are completed.
• The San Bernardino Valley Water Conservation District (the District " fallowing a
review under the National Environmental Policy Act (NEPA), completes a land
exchange with the Bureau of Land Management (BLM)
• The U.S. Fish and Wildlife Service (U FWS) approves a Habitat Conservation Plan
(HCP) and companion Habitat Management Plan (HMP),
• The USFWS„ after completion of a Federal Environmental Assessment ( A), issues
an Incidental Take Permit pursuant to Section 10(a)(1 )(B) of the Federal
Endangered Species Act for Robertson's's mining activities; and
• The California Department of Fish and Carne (CDFG) approves a Strea abed
Alteration agreement pursuant to Section J 800 et seq. of the California Fish and
Game Code and makes a Consistency Determination under Section 2080/. I of the
California Endangered Species Act.
This Conditional Use Permit is for implementation of,a Mine and Reclamation Plan for
the East Quarry South located in the Lipper Santa Ana River Wash Aggregate Lands.
The Conditional Use Permit shall expire on December 31, 2065 unless an extension of
time has been granted by the City (refer to Exhibit A. Planned Quarry Exhibit).
Combined with the Plunge Creep.. Quarry and the Silt Pond Quarry; which are also
Robertson's operations within the Upper Santa Ana Diver Wash Aggregate Lands, the
East Quarry South shall be permitted to produce up to a combined 3,000,000 tons
annually
1. This Conditional Use Permit approval shall become null and void.,
a. Unless all Conditions have been complied with and the occupancy or use
of the land or existing structures authorized by such Conditional Use
Permit has taken place within twenty-four (24) months after the approval
of said Permit,*
bWhere circumstances beyond the control of the Applicant cause delays
which do not permit compliance with the time limitation established in this
Section. The reviewing authority may grant an extension of time for a
period of not to exceed an additional twelve (1 2) months. Applications for
such extension of time must set forth, in writing, the reasons for this
extension and shall be filed together with a fee, as established by the City
Council, with the Planning Division no less than sixty (60) nor more than
ninety (90) calendar days before the expiration of the twenty-four (24)
month period.
NOTE: All required on-site and offsite improvements shall be completed and approved
prior to final inspections for occupancy of any building or structure.
2. This Conditional Use Permit shall supersede all existing mining permits and/or
entitlements approved by the City of Redlands and/or the County of San
Bernardino.
CONDITIONS OF APPROVAL
A. Prior to the commencement of operations, the following conditions must
be satisfied:
1,; The applicant shall revise the reclamation plan to the satisfaction of the Director
of Community Development to reflect changes outlined in the Conditions of
Approval for the Reclamation Plan. The revised Reclamation Plan shall be bound
in a 3-ring notebook and shall incorporate the revegetation plan, test plot plan,
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan, Financial
Assurances Estimates, and Conditions of Approval. Said reclamation plan shall
be kept at the site at all times and be available to the inspector at all required
monitoring visits. The revised Reclamation Plan and attendant maps shall be
identified as Exhibit A to this approval,
2. Fund a deposit account with the City of Redlands, which will be used to review all
required mitigation monitoring plans and reports, financial assurance estimates,
and conduct inspections, in the sum of $10,000.00 for the first three years of the
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life of this permit, and in the sum of $2,500-00 for the fourth year. A balance of
$2,500.00 shall thereafter be maintained in the deposit account through the
expiration of the permit.
3. Clearly legible metal signs denoting "Disturbance Limits" shall be placed along
the inside limits of the buffer area adjacent to all property lines/permit
boundaries. Lettering shall be a minimum of 4 inches in height. At a minimum,
signs shall be placed every 300 feet around the perimeter of the permit area
where undisturbed ground adjoins the permit area. All signs shall be in place
prior to the commencement of extraction activities and shall be maintained over
the life of the operations.*
4, The permittee shall utilize the existing groundwater monitoring wells located in
the vicinity, in coordination with SB CD, site to monitor groundwater depths.
The monitoring well(s) shall be depicted and identified on the approved
Reclamation Plan.
5. The operator shall provide the City of Redlands with an acceptable form of
financial assurance for the reclamation plan. The financial assurance shall be
available to both the City and the Department of Conservation.
6. Prior to the commencement of mining activities on previously disturbed and
undisturbed lands related to this Conditional Use Permit, Financial Assurances
payable to the City of Redlands and the Department of Conservation shall be
filed with the City. The amount shall be calculated based on a cost estimate
submitted by the Applicant and approved by the City for the estimated
reclamation of mining in the previously disturbed and undisturbed areas and shall
be submitted within sixty (60) days after Project approval. Each year, following
the annual mine site inspection, the assurance amount shall be adjusted to
account for new lands disturbed by the surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the approved Reclamation
Plan.
The financial assurance is not established to replace the operators 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 of
the requirements of the approved reclamation plan, the City or Department of
Conservation shall follow the procedures outlined in Section 2773.1 and 2774.1
of the Surface Mining and Reclamation Act {SMA j, regarding the forfeiture of
the assurance and applicable administrative penalties, to bring the applicant into
compliance. The requirements for the financial assurance will terminate when the
approved project, mitigation measures, and final Reclamation Plan have been
completed.
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7The permit area shall be mapped by a licensed land surveyor and boundaries of
the permit area shall be appropriately marked as follows to the satisfaction of the
Community Development Director:
a. At all angle points.
b. At the intersections of the limits of the property.
C. Offset markers shall be used and property identified as such, in place of
markers that would be an obstruction in traveled way.
d. Markers must be Portland Cement Concrete or steel posts firmly
embedded into the ground with a minimum above ground height of two
feet. The operator shall maintain these markers to the satisfaction of the
Community Development Director while the reclamation plan remains in
force. These markers shall be removed when the approved Project,
Mitigation Measures and final reclamation have been completed and
approved in accordance with the established criteria.
e. The initial survey shall include permit boundaries, property line lengths,
widths, and setbacks from property lines and elevations at various
locations, so as to accurately depict the existing conditions.
f. This initial survey, once submitted and accepted by the City, shall serve as
the datum for all future topographic comparisons following the start-up of
the operations.
8. Prepare a detailed mine phasing plan for approval by the Community
Development Director. The plan shall provide for the completion of reclamation
as quickly as possible following phased resource depletion.
9, Lockable gates shall be placed at all vehicular access points to the permit area.
10. (MMP AIR-3) Robertson's and Cemex Construction Materials LLC (Cemex) shall
enter into a memorandum of understanding (MOU) that provides for scheduling
the transportation of materials so that both operators are not transporting
material on the same day from the south half of the northeast quarter of Section
11, Township I South, Range 3 West, San Bernardino Meridian. A copy of the
MOU shall be filed with the City of Redlands and the City of Highland prior to
mining in this previously described area.
11. Prior to any mining activity on any new undisturbed land related to this
Conditional Use Permit, the Wash Task Force (of which the Applicant is a
member) shall first obtain approval of the HCP and issuance of a Section 10a,
Incidental Take Permit from the US and a Section 1080.1, Consistency
Determination from the California Department of Fish & Game.
12. (MMP HAZ-3) Prior to any project-related ground-disturbing activities on
undisturbed lands related to this Conditional Use Permit, a site-specific Phase I
environmental site assessment (ESA) in accordance with Department of Toxic
Substances Control (DTSC) standards shall he completed and submitted to the
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City of Redlands and the City of Highland for review. In the event that hazardous
materials are discovered, Robertson's shall provide evidence to the appropriate
agencies that remediation and/or mitigation of said site has been completed to
the satisfaction of the appropriate local, regional, State, and/or federal entity,
prior to any ground-disturbing activities within 100 feet of any hazardous material
site identified during a project-specific Phase I ESA.
13. (MMP AIR-1) Off road diesel-fueled vehicles used for construction and/or
operations under this permit shall comply, as applicable, with the California Air
Resources Board's emission standards specified in Sections 2449 through
2449.3 of Article 4,8, Chapter 9, Division 3 of Title 13 of the California Code of
Regulations.
14. (MMP AIR-2) Heavy-duty diesel equipment used for construction and/or
operations under this permit shall have exhaust particulate traps or superior
technology certified and/or verified by the U.S. Environmental Protection Agency
or the California Air Resources Board installed, if such traps are available.
15. (MMP AIR-2) Heavy-duty diesel equipment used for construction shall be fitted
with the most modem or superior emission control devices and be kept in proper
tune to minimize construction vehicle emissions, where feasible.
16. (MMP BIO-24) As part of its mining expansion, Robertson's shall remove trees
and other significant vegetation that may provide nesting habitat for migratory
birds from the mining areas between September I and March 1, outside of the
nesting season. If trees or other significant vegetation must be removed during
the nesting season, a nesting bird survey shall be conducted by a qualified
biologist no more than 14 days prior to any grading or vegetation clearing. If
nesting birds are found within the areas to be impacted by the project the nest
and a 100-foot buffer area (200 feet for raptors) around the nest shall be
protected and maintained until the biologist determines that young have fledged
and/or that the nests are no longer active. The buffer areas shall be delineated
with orange construction fencing.
17. (MMP BIO-25) Prior to mining within all mining expansion areas, Robertson's
shall conduct a habitat assessment for burrowing Owl. If habitat is observed, a
focused burrowing owl survey shall be conducted during breeding season (March
I - August 31) per approved survey protocols. If occupied burrows are found
appropriate measures shall be implemented which may include one or more of
the following in consultation with the California Department of Fish and Game
(CDFG):
a. Avoid disturbance within 160 feet of occupied burrows during non-
breeding season and within 250 feet during breeding season; and/or
b. If owls must be moved, passive relocation during the non-breeding season
per CDFG recommendations shall be implemented,
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C. A burrowing owl pre-construction survey shall be conducted by a qualified
biologist no more than 14 days prior to any grading or vegetation clearing
in areas with potential burrowing owl habitat not previously mitigated. If
nesting owls or occupied burrows are found within the areas to be
impacted, the above mitigation measure shall be implemented.
18. Should cultural resources be discovered during project construction and/or
mining, all work in the area of the find shall cease and a qualified archaeologist
shall be retained by the project sponsor to investigate the find, and to make
recommendations on its disposition. If human remains are encountered during
construction all work shall cease and the San Bernardino County Coroner's
Office shall be contacted pursuant to Health and Safety Code provisions.
a. (MMP CUL-11) A qualified archaeological monitor shall be present during
initial ground disturbing activities in the mining portion of the proposed
Upper Santa Ana River Wash Land Planning Area ("the Planning Area-').
The monitor shall be empowered to temporarily halt or redirect
construction and/or mining activities in the vicinity of the find until the find
can be evaluated by a certified archaeologist.
b. (MMP CUL-2) In the event of a new find, salvage, excavation and
reporting shall be required. The Secretary of the Interiors Guidelines for
archaeological documentation shall be followed by a qualified
archaeologist.
19. (MMP CUL-3) If the archaeological sites CA-SBR-6075H. CA-SBR-6076H or CA-
SSR-6087H cannot be avoided during implementation of the proposed project
further study as detailed below shall be necessary for mitigation:
a. Subsurface Testing: This would consist of a limited subsurface data
collection program to help determine the depth and distribution of the
resource.
b, Archival Research, Archival research could yield specific data regarding
the origin and age of found resources and/or artifacts and place them in
an historical context.
C. Data Recovery: If the resources and/or artifacts are determined to be
eligible for th4 California Register of Historic Resources, additional
archaeological data recovery excavations would be necessary. Data
recovery shall consist of a research design, hand and/or block
architectural excavation, laboratory analysis, research, a data recovery
report and curation of collected artifacts.
20. (MMP HAZ-5) All loads in open street-legal trucks shall be no higher than 6.0
inches below the top of the truck wall or shall be covered, and shall he subject to
spat inspection pursuant to the Community Development Director of the City of
Redlands or his or her assignee,
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21. (MMP H D-I)± Prior to any mining activity on undisturbed lands related to this
Conditional Use Permit, Robertson's shall develop or revise a storm water
pollution prevention Plan (SWPPP) for routine mining activities associated with
new excavation areas. The SWPPP shall emphasize structural and nonstructural
best management practices (BMPs) to control sediment, Robertson's shall
submit the SWPPP to the City of Highland and the City of Redlands for review
and approval
2Z (MMP HYD-2) Prior to any mining activity on undisturbed lands related to this
Conditional Use Permit, Robertson's shall develop or revise a Spill Prevention
Control and Countermeasures Plan (SPCCP) for all mining area activities and
shall outline the methods and locations that would be used for disposal of debris
handled or produced on site during excavation. The plan shall also include
handling and cleanup procedures of any accidental releases at the mining site.
Disposal of maintenance and/or excavation waste is subject to compliance with
all applicable waste disposal regulations and requirements. Robertson's shall
submit the SPCCP to the City of Redlands and the City of Highland for review
and approval.
23, The applicant shall return all Native American ceremonial items and items of
cultural patrimony that may be found on the project site to the Soboba Band of
Luiseno Indians for appropriate treatment. Cultural items that are recovered
during the course of archaeological investigations shall also be returned.
The applicant shall waive any and all claims of ownership of Native American
ceremonial and cultural artifacts found on the project site. Upon completion of
authorized and mandatory archeological analysis, the applicant shall return said
artifacts to the Soboba Band within a reasonable time period not to exceed thirty
days.
24. The Soboba Band shall be allowed under the California Public Resources Code
to inspect the site of the discovery and make determinations as to how the
human remains and grave goods shall be treated and disposed of with
appropriate dignity,
The Soboba Band, as MLD shall complete its inspections within twenty-four
hours of receiving notification for either the applicant or the NAHC, as required by
the California Public Resources Code. The applicant agrees to discuss in good
faith what constitutes appropriate dignity,
Reburial of human remains shall be accomplished in compliance with the
California Public Resources Code, Thea Soboba Band, as the MLD in
consultation with the applicant shall make the final discretionary determination
regarding the appropriate disposition of the treatment of human remains,
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Soboba Band will request to rebury human remains and associated ceremonial
and cultural items (artifacts) on or near, the site of their discovery, in an area that
shall not be subject to future subsurface disturbances. The Soboba Band
requests that the Developer accommodate on-site reburial in a location mutually
agreed upon by the Parties. In addition, the Soboba Band requests the return of
all other cultural items (artifacts) that are recovered during the course of
archaeological investigations.
25. It is understood by all parties that unless otherwise required by law, the site of
any reburial of Native American human remains or cultural artifacts shall not be
disclosed and shall not be governed by pubic disclosure requirements of the
California Public Records Act. The Coroner, parties, and lead agencies will be
asked to withhold public disclosure information related to such reburial pursuant
to the specific exemption set forth in California Government Code § 6254 (r).
26. A signed Treatment and Dispositions Agreement between the developer and The
Soboba Band be provided to the Planning Office prior to the issuance of a
grading permit and before conducting any additional archaeological fieldwork.
This is done to describe how potential cultural resource discoveries should be
handled, as well as their final disposition.
27, A Native American Monitor from the Soboba an shall be present for all initial
ground disturbances (the first 5 feet of excavation) in the undisturbed areas east
and west of the existing pit within the East Quarry South. Prior to initial ground
disturbance the applicant shall provide an executed contract to the City between
the applicant and the tribe for Native American monitoring to include a provision
for payment of the monitor by the applicant.
28. Tribal Monitors will have the authority to divert grading to recover any possible
resources.
29The Soboba Band of Luiseno Indians is requesting that a limited scope of testing
be conducted for any sites that cannot be avoided. Where appropriate and
agreed upon in advance, Developer's archeologist may conduct analyses of
certain artifact classes if required by CEQA, Section 106 of NHPA, the mitigation
measures or conditions of approval for the Project, This may include but is not
limited or restricted to include shelf, bone, ceramic, stone or other artifacts.
B. Within 180 days of project commencement, the following conditions must
be completed to the satisfaction of the Community Development Director
I. The applicant shall prepare a plan for the implementation of revegetation test
plots. Said plan shall be prepared to the satisfaction of the Community
Development Director. This plan shall become part of the revised reclamation
plan. The plan shall be implemented on the first area available for reclamation.
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The test plots may be coordinated with Cemex's extractive sites in the Upper
Santa Ana River Wash Aggregate Lands, such that test plots need only be
implemented at one site and subsequent data shared between operators.
2. A plan shall be prepared and implemented to the satisfaction of the Community
Development Director for the purpose of controlling weeds on all areas of the
site. The weed control plan shall augment weed control measures identified in
the Revegetation Plan, The weed control plan shall be submitted within 180 days
of Reclamation Plan approval.
3. An erosion and sedimentation control plan shall be prepared to describe specific
measures to be put in place that will prevent uncontrolled erosion and eliminate
potential drainage hazards. The plan shall be presented on a map showing the
location and size of specific erosion and sedimentation control structures. Said
plan shall be prepared to the satisfaction of the Community Development
Director.
4. Robertson's shall enter into a Memorandum of Understanding or other
appropriate mechanism with the San Bernardino County Flood Control District,
with the intent of providing full access to designated internal haul roads and
specified mining pit areas for storage and processing of material by said District
during periods of emergency flood control cleanup operations.
C. Within two years of issuance of "Take" permit by USFWS, the following
conditions must be completed:
1'. Maintain traffic pattern for company and non-company trucks in accordance with
Access Alternative D as described in the FIR and the traffic study for the project
The proposed 5th Street haul road exit shall only be used by project traffic that
goes south on SR 210. All other project traffic shall use the Alabama Street
access. Install a camera/DVR system at the 5th Street haul road exit that is
capable of monitoring, counting and recording image and traffic data for a
minimum of 30 days.
2. Install a video detection system at the Alabama Street project entrance. Install a
cameralDVR system capable of monitoring, counting, and storing image and
traffic data for a minimum of 30 days.
D. Within five years of issuance of "Take"' permit by USFWS, the following
conditions must be completed:
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1. Control public access to mining areas via the Orange Street haul road accesses.
Install fencing, gates and signage etc, as required by the City Engineer. Lock the
access gates daily when the Orange Street plant is closed.
2Relocatelmodify existing traffic signals per City specifications to accommodate
required street widening at various locations including the Alabama and the
Orange Street project entrance,
E. The operator shall comply with the following conditions during the term of
the Reclamation Plan for the project.,
1 The City of Redlands and the City of Highland shall be notified within thirty (30)
days in writing about any:
a. Inactive periods of operation for one year or more,
b. Changes of company ownership, address or telephone number during the
life of the Reclamation Plan;
C, Any changes to provisions of lease agreements or real property that will
affect the approved Reclamation Plan,
2. If the operation or Reclamation Plan procedures substantially change from those
outlined in the approved Reclamation Plan an amendment shall be filed and
approved by the City before such changes are made effective.
3. Reclamation of the site shall commence as soon as feasible.
4. The project site shall be inspected annually to insure compliance with the
Conditional Use Permit and Reclamation Plan.
5, Maximum pit depth in the East Quarry South shall be 120 feet below pre-mining
ground surface.
6. Operations shall not be conducted within 20 feet of groundwater. No operations
shall be conducted in standing water.
7, There shall be no expansion of use beyond the scope and nature described in
the Reclamation Plan without first obtaining approval.
& All drainage control structures shall be maintained free of debris and in good
working order.
9. Safety berms a minimum of three (3) feet in height shall be placed at the top of
slope above all working areas, including internal haul roads,
10, Mining advancement shall be conducted in small areas along the periphery of the
reclamation plan area. The working face shall not be more than 30 feet in height
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and shall be regraded to final slope conditions as soon as possible following
resource recovery. This condition is intended to result in the greatest amount of
reclamation over the shortest time period.
11. Reclamation of mined lands shall be completed as quickly as possible following
mining operations. Regrading and revegetation shall be completed on sites as
small as one acre following resource recovery,
12. The operator shall remove yucca, cacti, and other unique species deemed
suitable for transplanting by the project biologist. The removed plants shall either
be directly replanted to slopes ready for revegetation or be maintained for future
revegetation activities.
13. As an area is cleared for mining, vegetation shall be chipped and placed in
topsoil piles or used as mulch covering for revegetation.
14. Prior to revegetation, soil analysis shall be conducted on the areas to be
reclaimed to determine the presence or absence of essential elements as
compared to natural local soils. If nutrients deficiencies are noted., soil
amendments shall be added, as necessary, in an effort to replicate natural topsoil
conditions.
15. Revegetation methods identified in the reclamation plan text shall be applied
during revegetation.
16. Conduct and/or compile quarterly groundwater depth measurements from
groundwater monitoring wells. Quarterly groundwater level measurement shall
continue for the duration of the approved Reclamation Plan.
17. An Annual Monitoring Report shall be submitted to the Director of Community
Development not later than July 1 of each year. Each annual report shall include
the following-
a. Identification of new disturbance.
bDepth of pit areas within thirty (30) days of the date of the Annual
Monitoring Report.
c, Provide a map showing current status of all areas within the permit area
including:
I) New disturbance within past 12 months.
2) Areas reclaimed within previous 12 months.
3) Location of test plots.
4) Location of topsoil stockpiles.
5) Proposed new disturbance during the up-coming year.
6) Identification of areas proposed for reclamation during the up-
coming year(beginning July 1).
7) The areas where mining is restricted due to the presence, or
potential presence of endangered species.
d. An aerial photo at a scale of 1" = 400' taken within the last 6 months of
reporting year,
e. Description of test plot results.
t Description of reclamation activities completed during the previous year
to include:
1) seed collection,
2) revegetation,
3) revegetation success for all areas which have been revegetated,
but which have not yet achieved revegetation success criteria,
4) vertebrate recolonization,
5) repair of areas with excessive erosion,
6) a statement that reclamation has been initiated on all areas
available for reclamation in accordance with the approved
reclamation plan,
9. Revised Financial Assurance Estimate.
h. Description of monitoring activities during the past 12-month period
including ground water elevations and others.
i. The Annual Monitoring Report shall provide adequate explanation of why
areas may not be reclaimed due to the presence of endangered species.
18. Robertson's shall comply with Rule 403 (Fugitive Dust) of the South Coast Air
Quality Management District during mining operations and reclamation including,
but not limited to, watering of haul roads, limiting truck speeds, watering of
disturbed areas and stockpiles of fine materials, use of chemical stabilizers on
haul roads, and routine maintenance of equipment and trucks.
19. Robertson's shall comply with Rule 1157 (PMIO Emission Reductions from
Aggregate and Related Operations) of the South Coast Air Quality Management
District during mining operations.
20. Mining operations shall be discontinued if wind speeds exceed 25 mph.
21. Robertson's shall provide a contact person and telephone number reachable 24
hours per day for notification of spills from vehicles carrying Robertson's
products on public roads in the vicinity of the operation's driveways and freeway
access points. Upon notification, Robertson's will remove and/or cleanup said
spills before noon of the day following the day of the spill
22. Robertson's shall comply with all requirements of the National Pollutant
Discharge Elimination System (NPOES).
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23. Strobe lights shall be installed for use during night operations on all off road
equipment as allowed by the Mine Safety and Health Administration (MSHA) and
the California Division of Occupational Safety and Health (Cal OSHA).
24. Robertson's may not store equipment and materials on its property in such a way
as to constitute a nuisance as defined by Redlands Municipal Code.
25. Rock crushing equipment may not be operated before 5 a.m. or after 10 p.m. on
any day of the year.
26. Mining hours of operation shall be from 4 AM to 10 PM Monday through Friday, 6
AM to 6 PM on Saturdays with no processing allowed on Sunday. Shipping shall
be allowed 7 days per week, 24 hours per day.
27. The Applicant shall reimburse the City for staff time and materials associated
with the enforcement of the SMA RA 2771 Lead Agency Agreement.
28. Compliance with all applicable mitigation measures listed in the Appendix L of
the Final EI R and entitled Mitigation\Monitoring and Reporting Program for the
Upper Santa Ana Wash Land Management and Habitat Conservation Plan.
29, Robertson's shall comply with all requirements of local, regional, state and/or
federal rules, regulations, and/or ordinances.
30. The applicant for this permit, and its successors and assigns, shall defend,
indemnify and hold harmless the City of Redlands, and its elected officials,
officers, agents and employees, from and against any and all claims, actions,
and proceedings to attack, set aside, void or annul the approval of this permit by
the City, or brought against the City due to acts or omissions in any way
connected to the applicant's project that is the subject of this permit. This
indemnification shall include, but not be limited to, damages, fees, costs,
liabilities, and expenses incurred in such actions or proceedings, including
damages for the injury to property or persons, including death of a person, and
any award of attorneys' fees. In the event any such action is commenced to
attack, set aside, void or annul all, or any, provisions of this permit, or is
commenced for any other reason against the City for acts or omissions relating to
the applicant's project, within fourteen (14) City business days of the same, the
applicant shall file with the City a performance bond or irrevocable letter of credit
(together, the "Security") in a form and in an amount satisfactory to the City, to
ensure applicant's performance of its defense and indemnity obligations under
this condition. The failure of the applicant to provide the Security shall be
deemed an express acknowledgement and agreement by the applicant that the
City shall have the authority and right, without objection by the applicant, to
revoke all entitlements granted for the Conditional Use Permit pursuant to this
permit. The City shall have no liability to the applicant for the exercise of City's
right to revoke this Conditional Use Permit,
13
31. Combined, the Robertson's quarries within the Upper Santa Ana River Wash
Area shall not exceed a production level of 3 million tons annually.
3Z (MMP REC-01, REC-02 and REC-(3) Prior to any grading, Robertson's, as part of
the Wash Task Force, shall participate in the implementation of a trail program
within the Planning Area in the following manner. *
a. Robertson's, as part of the Wash Task Force, shall submit its fair share
amount at a time agreed upon by the Wash Task Force and the City, to
the City of Redlands for the maintenance of traits within the Planning
Area as set forth in the Trails Master Plan to be developed as part of
implementation of a Habitat Conservation Plan for the Planning Area.
The amount of the cash deposit will be determined by an
implementation program outlined within the Trails Master Plan for the
Planning Area.
b. Robertson's, as part of the Wash Task Force, shall submit its fair share
amount at a time agreed upon by the Wash Task Force and the City, to
the City of Redlands for the exclusive use of trails education and
outreach programs for the Planning Area. The education outreach
program shall focus on litter and pet waste and include, but not be
limited to the following elements: advertising, community outreach,
strategic partnerships, media, youth education and business and
stakeholder outreach.
33. Construct any proposed berms or slopes for this project outside ultimate street
rights-of-way unless otherwise approved by the City Engineer.
34. Upon notification by the public or the City, clean up spilled concrete or aggregate
material on City streets by end of the same business day, or by noon the
following day if notification is given after business hours. Repair damage to
pavement caused by hardened spilled concrete as necessary. Implement
measures to minimize track out of dirt onto City streets. Sweep City streets>at=
least once a day along the project truck route, or as frequently and at locations,
as required by the City Engineer.
F. Ths following conditions are performance standards for reclamation:
I. Unless explicitly stated otherwise in this permit, Robertson's shall perform<mining
and reclamation activities as specified in Mine and Reclamation Plan for the
Upper Santa Ana River Wash Aggregate Lands to be Operated by Robertson's
Ready Mix., Plunge Creek Quarry Silt Pond Quarry, East Quarry South, updated
January 2008 and approved by the City Council of the City of Redlands on April
14
6, 2010. This plan will be referred to hereinafter as the "Mine and Reclamation
Plan."
2. Prior to the placement of topsoil and/or seeding of reclaimed lands, all surfaces
shall be ripped to a minimum depth of 12 inches.
3. The top 6 inches of undisturbed topsoil shall be salvaged for reuse in
revegetation. Unless specifically waived by the Director of Community Director,
salvaged topsoil shall be placed directly on reclamation sites.
4, Stockpiling of topsoil shall be conducted such that movement of the stockpiles for
operational purposes will not occur. Each topsoil stockpile shall be identified by
clearly legible signs which say "Topsoil". Lettering shall be< a minimum of 4
inches in height.
5, Final reclaimed slopes shall be graded as shown on Exhibit "A" (Reclamation
Phase Map) and, unless restricted by endangered species habitat, is specified as
follows:
a. Maximum reclaimed slope gradient and berms for the East Quarry South
shall not exceed 2:1 (horizontal-vertical).
& Revegetation' shall be deemed complete when 50 percent of species diversity
and 50 percent of species density have been achieved on all reclaimed sites for
a minimum of two consecutive years. A representative, undisturbed, off-site area
shall be surveyed to determine the baseline for revegetation practices. The
results of revegetation adequacy testing shall be presented in the annual
reclamation report.
7. At the time of termination of the operation for any reason, all equipment,
buildings, structures (unless required for final reclamation) and refuse shall be
removed from the site and all hazards mitigated within one year of operation
termination. Final reclamation shall be initiated within 90 days of operation
termination and completed in one year.
B. All roadways, which will not be retained for post-mining uses, shall be reclaimed
and revegetated with the Riversidian Alluvial Fan species identified in the
Reclamation Plan at the conclusion of mining/hauling activities. Maximum width
of retained roadways shall be 22 feet unless otherwise approved by the
SBVWCD or the City Community Development Director.
9. All pit floors designated for use as recharge basins shall be ripped to a depth of
two (2) feet to break up compaction caused by extractive operations.
15
10. If not used for recharge basins within one year of mining completion, pit floors in
designated recharge basins shall be seeded with an erosion control native seed
mix.
11. Each area reclaimed shall be identified on a map and labeled for identification.
All reclamation areas shall be monitored for a minimum of five years following
completion of final reclamation measures. Monitoring shall continue until all
performance criteria are achieved. Annual monitoring reports shall be presented
in accordance with Condition C.17,f.
12. All equipment and refuse shall be removed from the site prior to gaining
certification of final reclamation.
Dependent on professional biological advice, the following species of the
Riversidian Alluvial Fan Sage Scrub Community shall be included in the
revegetation seed mix at the seeding rate of pounds of pure live seed/acre as
follows:
SPECIES SEEDING RATE
(Pounds of Pure Live Seed/Acre)
California buckwheat 3
Hairy verb a santa 2
Our Lord's candle 0.5
Deerweed 2
Golden yarrow 0.5
California croton I
Goldenbush I
California sagebrush I
Lemonadeberry 0.25
It sage 0.5
Laurel>sumac 0.25
Native Annuals Seed Mix 10
14. Seeding rates shall be adjusted to account for size of seed and Pure Live Seed
(PLS) rates. A competent revegetation professional shall be consulted to
deten-nine the proper seeding rates for included species.
15. Performance criteria for revegetation success shall be collectively:
Cover: 20% by native species (or 50% of average existing cover);
Species Richness: Minimum of 6 perennial shrub species (50% of
existing)
* Density: 10 stems if native perennials/ 5m2 plot(50% of existing)
• Less than 20 percent non-native species; and
• Recruitment of native plant species seedling must occur,
16
16. (MMP AES-4) As mining activities are completed, the slopes of the quarries shall
be reclaimed and revegetated per the approved Mine and Reclamation Plan for
the Upper Santa Ana River Wash Aggregate Lands to be Operated by
Robertson's Ready Mix, and approved by the City of Redlands, with plant
species common to the Riversidean Fluvial Fan Sage Scrub Community.
` - ,(MMP BIO-1 7The,.~
concurrent with ongoing mining per the Mine and Reclamation Plan for the Upper
Santa Ana River Wash Aggregate Lands to be Operated by Robertson's Ready
Mix and approved by the City of Redlands.
Approved by-
Oscar Orci
Community Development Director
_
17
�
-
,
MUNICIPAL unlAT IES AND ENGINFERING DEPARTMENT
MEt*+T
DEVELOPMENT REQUIREMENTS
f' DIT IONAL USE PERMIT NO. 948
Date of C.C. Meeting August 3, 2810
,applicant. Robertson's Ready :"fix
Locations East Quarry South
rhe applicant shall comply with the following engineering requirements as necessary because
the required construction is a necessary prerequisite to the orderly development of the
surrounding area and for public, health and safety:
All requirements for development shall be consistent with requirements set forth in the general
Man, applicable sections of Redlands Municipal Code; latest edition of "Redlands Standard
Specifications and Detail Drawings for Design and Construction of Public Improvements"; latest
edition of American Public Works Association `Standard Plans for Public Works" and "Standard
Specifications for Public Works Construction — Creenbook", latest edition of"Redlands Water
Systems Standard Specifications"; latest edition of'"Redlands Sanitary Sewer Systems Standard
Specifications"; and current Redlands policies and guidelines relative to development projects.
A. Within 180 days- of issuance of the "Take" permit by ESS WS, the following
condition must be completed.
.. Submit executed dedication documents with legal descriptions and plats for City
acceptance. 90 days shall be allowed for the review and approval by the City
Engineer of documents, legal descriptions, and plats prier to execution by the
property owners. The required dedications are as follows:
a. Dedicate to provide for a 44 foot half street right-of=c-.ay width on the east
side Grange Street including comer cutoff to accommodate 50 foot radius
curb returns and pedestrian ramps from the southerly limits of CUP leo:
50 to the southerly property Eine of the parcel currently identified as APN
291-X172-01
b. Dedicate to provide for public use trail easements as required.
C. Dedicate to provide for adequate slope easements for the required
widening of Orange Street as needed and as approved by the City
Engineer.
d Dedicate to provide for adequate drainage easements for the required
widening of Orange Street as needed and as approved by the City
Engineer.
e. Provide on-site reciprocal drainage easements as needed and as approve
by the City Engineer.
E
?. ,\ll support documentation shall be submitted ccith the plans to be checked
Submission shall include
a. I'itfe'Reports and backup documents"tOr the llropert
K All record maps and deeds refi renced
C. lAasenient Documents
CUP P 948
Au ust 3, 2810
Page
d Boundary° and Lot Closure Calculations
e. Record plans, maps and documents
, Dedication documents shall be prepared by a licensed land surveyor or registered'
civil engineer (registered prior to January 1982) in the State of California and
trust be submitted for review and approvaf berore recordation..
If. Prior to the commencement of operations on previously undisturbed ground, the
following condition roust be met.
I Pay plan check tee for documents/plans listed in this :section as established per
resolution. The amount is to be determined at time of plan check submittal,
SWPPP/Erosion Control Plait. Erosion/Sediment Control Plait for routine
activities associated with new excavation areas shall be submitted to the City of
Redlands and the Cityof Highland for review and approval. A copy of the
project's Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to
the City of Redlands and the City of Flighland for review, SWPPP Best
Management Practices (BMPs) to prevent and control discharges to the municipal
separate storm sewer (drain) system shall be in:effect for the entire duration o
project construction to its completion and acceptance by the C'ity(s).
3 For all development requiring coverage tinder the state of California General
Storrs Water Permit, in effect at the time of permit issuance. and wham have filed
with the Mate Board a Notice of Intent (NOI), a copy of the 'Waste Discharger
Identification Number (WDID) and NON shall be submitted for review and tile.
Call (909)782-4130.
'. The City approved SWPPP documents shall be submitted to the Santa dna:
Regional Water Quality Control Board for acceptance and monitoring.
C. Within 2 years or the Issuance of the CE<.Rl', the following conditions must be
completed.
I,,. The application shall pay Development Impact Fes that are in effect per City of
Redlands lee Resolutions an(Vor Municipal Code at the time ofpayment.
I: Project Proponent shall Submit to the City a Traffic Study that analyzes mine
production and all other vehicular activity at the project sites in carder to estimate
the average daily project trips by vehicle type over the life of the project,
`t'he 'l"rafiic Study shall be revievwed and approved by City Staff. The average
daily trips calculated in the fraffic Study will be Used as the basis for calculation
of tral`fic related Development lnapact 1t c s.
(J-1 P 948
A ugust 3, 2010
Page 3
D. Within 2 years of issuance of the -rake" permit by lJSFWS, the follow condition
must be completed.
I Pay plan check fee for documents/plans listed in this section as established per
resolution. The amount is to be deter-mined at plan check submittal.
Plans required to he submitted shall include:
a. Street Construction and Erosion Control Plans,
b. Pavement Striping Plans;
e. Street rrree installation - Street trees shall be provided as per the approved
Street Tree List;
d. Street Light Installation - Provide street lighting plan which show
approved locations of service pedestal(s)f conduits. street lights,
appurtenances, and any necessary detail by Southern California Edison
Company;
All plans used as reference for design shall be listed on title sheet of all plans with
reference numbers. All plans shall be submitted on 214" x 36" size sheets. Three
(3) copies of each are required. After final review, plans shall be submitted on
24" x 36" size, min. 4 mil. mylar sheets for City's approval,
3. Submission of plan sets shall be complete and include all required engineering
designs and drawings listed in No. 2 above. All plans submitted shall be
substantially complete. and no plan check queue place-holder plans will be
accepted. An incomplete plan submittal will not he accepted for plan check.
4SWPPP/Erosion Control Plan. Erosion/Sediment Control Plan for the widening
of Orange Street shall be submitted with street construction plans to the City of
Redlands for review and approval. A copy of the pr(.)jcct*s Storm Water Pollution
Prevention Plan (SWPPP) shall be submitted to the City of Redlands for review.
SWPPP Best Management Practices (BMPs) to prevent and control discharges to
the municipal separate storm sewer (drain) system shall be in effiect, for the entire
duration of project construction to its completion and acceptance by the City(s).
5. For all development requiring coverage under the state of California General
Storm Water Permit. in effect at the time of permit issuance. and whom have filed
with the State Board a Notice of Intent (N(< V). a copy of the Waste Discharger
Identification Number (W ID) and NOI shall he submitted for review and tile.
Call (909)-782-41301:
6Water Quality Management Plan. A WONIP for the widening of Orange Street
shall be submitted with street construction plans 6)r review and approval,
WQN, IP shall consist of post construction flest Management Practices (fVNIPS)
prepared in accordance with the requireinctits and guidelines of the San
Bernardino CouniN Storm%ater Program. Fhe requirements of the WQi%,IP shall
remain in cffect throughout the life of the project,
CUP 948
A Ugust 3, 20 10
Page
7. Finalize and obtain all necessary onsite and offsite permissions,; permits,
casements, right-of-way, and properties in carder to satisfy the conditions of
approval for this project. Stich items shall include:
a. Signed,/notarized Offs €e letter of permission to conduct certain work.
b. Offsite/onsite easement to construcL/install/rnaintain certain
improvements
C Offsite/onsite right-of-way} to construct/install/maintain certain
improvements;
d.: Encroachment hermits from City of l-1ighland, County. and Cather agencies.
C. 401 Certification (CaliforniaRegional Water Quality Control board) and
404 Permit (U.S. Arany Corp of f`npineers).
8. All Public improvements shall be designed by licensed Civil Engineer in the State
of California. All existing utilities shall be put-haled to determine the actual
depth if no signed plan is available. Field notes will be submitted at time of
submitting the plan for review and plan checking,
9. The approximate locations ofexisting underground utilities shall be shown on the
improvement/site/grading plans. The utilities shall be plotted from record and
field data,, The City of Redlands and the Engineer assume no liability as to the
exact location of said lines whose locations are not shown.
10. Final City approved mylars for all public improvements shall be on file with the
Municipal'Utilities and Engineering Department.
It. Plan requirement for Orange Street from the southerly limits of CUP No. 950 to
the north end of the haul road bridge.
a Install LED ornamentalstreet' light(s) with the equivalent illumination of a
150 watt sodium vapor street light:. Prepare and submit a separate street
fighting plan for City approval. Street light spacing shall be determined
by the City of design specifications. Installation of one (I) light will be
required. Location of the light will be determined at tirne of plan'
preparation. Coordinate with City staff for guidance at that time.
b. Construct a decomposed granite antrlti-use trail on the east side of Oran e
Street from the northerly limit of the haul`road to the southerly boundary
of CUP No. 950. The location for the trail will be determined at time of
plan preparation. Coordinate with City staff for guidance at that lime-
C. Provide street trees spaced ever} 40 facet avoiding sewer and water laterals.
Prepare and submit a sepaaraate street tree plain for City approval.
12. Provide fear adequate drainage facilities. The applicant shall provide and submit'
all necessary h�drologyi ydr<aulic studies, and calculations in accordance with the
San Bernardino County Ilydrology lanuaal
11 As to condition ofand prior to the lineal aapprooaaL (lie applicant shall f 1) petition
the City for annexation of the property= comprising CTI' No, 948 to the City's
C'1 IP 94
August 3 20 10
Page 5
Community ty Faacilities District No. 7004-1. or ai similar City community facilities
district, as designed by the City; (7) take actions reasonable or necessary to annex
Such property to community facilities district, and (3) pay the reasonable and
actual costs incurred by the City in annexing the property to the community
facilities district; all for the purpose of providing handing for the operation and
maintenance Of public landscaping, decomposed granite multi-use trail, traffic
signal facilities, street lights, and public right-of-kvays.
14. All irrigation lines that exist within any street right-of-way shall be replaced with
Schedule 40 PVC or as approved by City Fng;ineer.
15.< Improvement bonds must be posted for the total estimated cost of Public
improvements as follows:
Performance 90% in bond form
Performance (Warranty) 10% in cash (minimum 500,00)
Labor and Materials 100% in bond form
Acceptable bond types are Surety Brands, Letter of Credit from a qualified Bank
or institution, and Cash Deposits.
17. The 10% performance (warranty) security will be retained for One year after
completion and acceptance of public improvements by the City for warranty of
Public work.
18. Execute Public Improvement Agement.
V_ The following items are required prior to issuance of the IpsNCROACI a'"�tIENT
PER'ur far construction or improvements.
I. Cash cleanup deposit shall be submitted (S1.000.00). Deposit will be reimburse
after the work is completed and accepted by the City upon written request.
Section 42I6/4217 of the Govem meat Code requires as Dip Alert IJentificatic`n
Number he issued hefore as "Permit to Excavate" will be valid, For \our Dig lert
Identification Number, call Underground Service Alert tall free, 1 -800-227-2600.
two (2) working„ days prig to conducting any excaaxation.
I. Encroachment Permit application and three ( ) sets of City approved plans must'
he submitted for all Public improvements Fncroaachment Permit fees shall be
paid prior to issuance cat` ncroaachment Permit.
i
4; A Ciflitbrnia OSI IA Permit Nutuhter for all work that is five feet deep or deeper
shall he prodded. Call (909) ,183-4321,
CLJ P 94
,August 3. 2010
Page to
5. A copy of soils report is required with recommendation for the final pavement
structural section to be submitted prior to placing, of the street pavernent. The
report shall include test results and boring,sampling locations.
6. A traffic control plait shall be prepared in accordance with the latest revision of
Chapter 5 of the State of California Traffic Manual or W. :.T.C,ll`: manual.
submitted and approved by the City Engineer prior to issuance of an
encroachment permit. The plan. shall .show all required construction signage,
warning devices, road closures, detours, delineation, phasing schedules and
anticipated durations of closures and detours for any work within the public right-
of-way,
i htof-way. The plans shall provide names and 24-hour phone numbers of
individuals who can be contacted regarding traffic control measures.
7 Provide proof of bonding and agreement requirements as described in Nos. 1
17 of Section "D",
8. Apply slurry seal to existing pavement as required by the City Engineer prior to
pavement striping operations across the area where existing pavement striping i
to be modified hied as part of the required street improvement work
Construct any proposed beans or slopes for this project outside ultimate street
rights-of-way unless otherwise approved by the City Engineer.
10� Reconstruct existing public improvements removed or damaged during
construction of required improvements by the Applicant. Repair of pavement may
include asphalt concrete overlay* T-cut trench repair and/or slurry seal. `rhe limits
of pavement repair shall be across all or a portion of the damaged pavement as
determined by the City Engineer.
11. Pay for relocation of any existing public: utilities if found to be in conflict with
required street improvements, Coordinate with the respective public utility`
companies.
F. The following items are required prior to approval of AF;Pi.[CATI FOR
WATER SERVICE CONNECTION and prior to WATER METE
'cine
G -The following items are required prior to recordation of Nara "lE OF
COMPLETION TION Fear aall required public improvements.
1 All requirements las described in Sections A, B. C, D� F and F of these condition
ofapproval shall he met;
I All impro\cnictits shall lie revieNcen*d and aacceptcd h\ the City Vngineer,
CI ip 948
August 3, 20 10
Vage 7
3. Ov ner`s Licensed land Surveyor shall resat survey points, monuments, record
corners, and centerline ties that were destroyed during construction and shall rile
Cerner records for those points prior to completion of the project with San,
l emardino County Surveyor. Copies of inforrnation shall be furnished to the
Municipal Utilities and Engineering Department,
4. All work shall he completed to the satisfaction of the City Engineer. All as-built
,plaits shall be delivered to the Municipal"Utilities and Engineering Department for
review and approval as cell as a CD-ROM ,dwg file cif%the as-built plans.
5: A list ofas-built infrastructure irnprovernent quantities shall be provided in the
Excel format provided by the City showing quantities for each .street segment (i.e.
pavement curb and butter, sidewalk, etc.)
. Streets may be required to have a sear coat applied at the option of the City
Engineer. Type of seal coat is to be determined by the City Engineer,
7. Resurface existing roadway as directed by the City Engineer due to utility
installations and construction damage,
8. Existing striping shall he removed and replaced as necessary, New striping and
pavement;markings shall be installed as required by the City Engineer.
11. Within rive years of issuance of .•Cake" permit by USF WS, the following conditions
must be completed:
I'. All requirements as described in Sections alit, B, C, D, p, C and G of these
conditions of approval shall be met.
r. I.he following items' are required prior to release of
BONDS WARRAYFIk S/DEPO4UFS
1. All requirements as described in Sections A. B, C, l). C C, Ci and Il' of these
conditions of approval shall he rnet.
. The release cif honclss'vvarrarities;deposits must be requested in c-,ruing to the City
Engineer. Allow 10 da�,.s for the processing, of the bond releases)
C};�E�1:1RY IOER �I;�( Initial Irtiti l
Director of Municipal I'tilities 4
Mid Public Works 1;ngineering,'C"it} l npincer
I Y4 1) akc
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 949
Applicant-, Robertson's Ready Mix
Location: East side of Orange Street Street
Robertson's Silt Pond Quarry
City of Redlands - Conditional Use Permit N . 949
The Conditions of Approval below are continuing Conditions. Failure of the Applicant
and/or Operator to comply with any or all said Conditions may result in the revocation of
this Permit granted to use the subject property(ies), pursuant to Redlands Municipal
Code (RMC) Section 18.192.100.
Some Conditions (denoted by an asterisk "") will not be applicable unless and until the
following actions are completed:
• The San Bernardino Valley Water Conservation District (the District), following a
review under the National Environmental Policy Act (NEPA), completes a land
exchange with the Bureau of Land Management (ELM);
• The U.S. Fish and Wildlife Service (USFWS) approves a Habitat Conservation Plan
(HCP) and companion Habitat Management Plan (HMP);
• The USF 'S, after completion of a Federal Environmental Assessment (EA), issues
an Incidental Take Permit pursuant to Section 10(a)(1 )(B) of the Federal
Endangered Species Act for Robertson's's mining activities; and
• The California Department of Fish and Game (CDFG) approves a Streambed
Alteration Agreement pursuant to Section J 600 et seq. of the California Fish and
Game Code and makes a Consistency Determination under Section 208(J. I of the
California Endangered Species Act.
This Conditional Use Permit is for implementation of a Mine and Reclamation Plan for
the Silt Pond Quarry located in the Upper Santa Ana River Wash Aggregate Lands. The
Conditional Use Permit shall expire on December 31, 2066 unless an extension of time
has been granted by the City (refer to Exhibit A. Planned Quarry Exhibit). Combined
with the Plunge Creek Quarry and the East Quarry South, which are also Robertson's
operations within the Upper Santa Ana River Wash Aggregate Lands, the Silt Pond
Quarry shall be permitted to produce up to a combined 3,000,000 tons annually
This Conditional Use Permit approval shall become null and void:'
a Unless all Conditions have been complied with and the occupancy or use
of the land or existing structures authorized by such Conditional Use
Permit has taken place within twenty-four ( ) months after the approval
of said Permit,*
b. Where circumstances beyond the control of the Applicant cause delays
which do not permit compliance with the time limitation established in this
Section. The reviewing authority may grant an extension of time for a
period of not to exceed ars additional twelve (12) months. Applications for
such extension of time roust set forth, in writing, the reasons for this
extension and shall be filed to9ether with a fee, as established by the City
Council, with tate Planning Division no less than sixty ( 0) nor more than
ninety (90) calendar nays before the expiration of the twenty-four (24)
month period.
NOTE: All required on-site and offsite improvements shall be completed and approved
prior to final inspections for occupancy of any building or structure;
2 This ConditionalUse Permit shall supersede all existing miring permits and/car
entitlements approved by the City of Redlands and/or the County of San
Bernardino.
CONDITIONS OF APPROVAL
A. Prior to the commencement of operations, the following conditions roust
be satisfied:
1 The applicant shell revise the reclamation plan to the satisfaction of the Director
of Community Development to reflect changes outlined in the Conditions o
Approval for the Reclamation Plan. The revised Reclamation Plan shall be bound
in a -ring notebook and shall incorporate the revegetation plan, test plot plan,
Notice of Intent (I' OI) and Storm Water Pollution Prevention Plan, Financial`
Assurances Estimates and 'Conditions of Approval. Said reclamation plan shall
be Dept at the site at all times and be available to the inspector at all required
monitoring visits. The revised Reclamation Plan and attendant reaps shall be
identified as Exhibit A to this approval:
2E Fund a deposit account with the City of Redlands, which will be used to review all>
required mitigation monitoring plans and reports, financial assurance estimates,
and conduct inspections, in the sura of $10,000.00 for the: first three years of the
life of this permit, and in the sum of $2,500.00 for the fourth year. A balance of
2
$2,500.00 shall thereafter be maintained in the deposit account through the
expiration of the permit.
3. Clearly legible metal signs denoting "Disturbance Limits" shall be placed along
the inside limits of the buffer area adjacent to all property lines/permit
boundaries. Lettering shall be a minimum of 4 inches in height, At a minimum,
signs shall be placed every 300 feet around the perimeter of the permit area
where undisturbed ground adjoins the permit area. All signs shall be in place
prior to the commencement of extraction activities and shall be maintained over
the life of the operations.*
4. The permittee shall utilize the existing groundwater monitoring wells located in
the vicinity, in coordination with SBVWCD, site to monitor groundwater depths.
The monitoring well(s) shall be depicted and identified on the approved
Reclamation Plan.
5. The operator shall provide the City of Redlands with an acceptable form of
financial assurance for the reclamation plan. The financial assurance shall be
available to both the City and the Department of Conservation.
6. Prior to the commencement of mining activities on previously disturbed and
undisturbed lands related to this Conditional Use Permit, Financial Assurances
payable to the City of Redlands and the Department of Conservation shall be
filed with the City. The amount shall be calculated based on a cost estimate
submitted by the Applicant and approved by the City for the estimated
reclamation of mining in the previously disturbed and undisturbed areas and shall
be submitted within sixty (60) days after Project approval. Each year, following
the annual mine site inspection, the assurance amount shall be adjusted to
account for new lands disturbed by the surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the approved Reclamation
Plan.
The financial assurance is not established to replace the operators 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 of
the requirements of the approved reclamation plan, the City or Department of
Conservation shall follow the procedures outlined in Section 2773.1 and 2774.1
of the Surface Mining and Reclamation Act (SMARA), regarding the forfeiture of
the assurance and applicable administrative penalties, to bn*ng the applicant, into
compliance. The requirements for the financial assurance will terminate when the
approved project, mitigation measures, and final Reclamation Plan have been
completed.
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7. The permit area shall be mapped by a licensed land surveyor and boundaries of
the permit area shall be appropriately marked as follows to the satisfaction of the
Community Development Director,
a. At all angle points.
b. At the intersections of the limits of the property.
C. Offset markers shall be used and property identified as such, in place of
markers that would be an obstruction in traveled way,
d. Markers must be Portland Cement Concrete or steel posts firmly
embedded into the ground with a minimum above ground height of two
feet. The operator shall maintain these markers to the satisfaction of the
Community Development Director while the reclamation plan remains in
force, These markers shall be removed when the approved Project,
Mitigation Measures and final reclamation have been completed and
approved in accordance with the established criteria.
e. The initial survey shall include permit boundaries, property line lengths,
widths, and setbacks from property lines and elevations at various
locations, so as to accurately depict the existing conditions.
f. This initial survey, once submitted and accepted by the City, shall serve as
the datum for all future topographic comparisons following the start-up of
the operations.
8. Prepare a detailed mine phasing< plan for approval by the Community
Development Director. The plan shall provide for the completion of reclamation
as quickly as possible following phased resource depletion.
9. Lockable gates shall be placed at all vehicular access points to the permit area,
10. (MMP AIR-3) Robertson's and Cemex Construction Materials LLC (Cemex) shall
enter into a memorandum of understanding (MOU) that provides for scheduling
the transportation of materials so that both operators are not transporting
material on the same day from the south half of the northeast quarter of Section
11, Township I South, Range 3 West, San Bernardino Meridian. A copy of the
MOU shall be filed with the City of Redlands and the City of Highland prior to
mining in this previously described area.
11. Prior to any mining activity on any new undisturbed land related to this
Conditional Use Permit, the Wash Task Force (of which the Applicant is a►
member) shall first obtain approval of the HCP and issuance of a Section 10a,
Incidental Take Permit from the US and a Section 1080.1, Consistency
Determination from the California Department of Fish & Game.
12. (MMP HAZ-3) Prior, to any project-related ground-disturbing activities on
undisturbed lands related to this Conditional Use Permita site-specific Phase I
environmental site assessment (ESA) in accordance with Department of Toxic
Substances Control (DISC) standards shall he completed and submitted to the
4
City of Redlands and the City of Highland for review. In the event that hazardous
materials are discovered, Robertson's shall provide evidence to the appropriate
agencies that remediation andlor mitigation of said site has been completed to
the satisfaction of the appropriate local, regional, State, and/or federal entity,
prior to any ground-disturbing activities within 100 feet of any hazardous material
site identified during a project-specific Phase I ESA.
13. (MMP AIR-1) Off road diesel-fueled vehicles used for construction and/or
operations under this permit shall comply, as applicable, with the California Air
Resources Board's emission standards specified in Sections 2449 through
2449.3 of Article 4.8, Chapter 9, Division 3 of Title 13 of the California Code of
Regulations.
14. (MMP AIR-2) Heavy-duty diesel equipment used for construction and/or
operations under this permit shall have exhaust particulate traps or superior
technology certified and/or verified by the U.S. Environmental Protection Agency
or the California Air Resources Board installed, if such traps are available.
1 (MMP AIR-2) Heavy-duty diesel equipment used for construction shall be fitted
with the most modern or superior emission control>devices and be kept in proper
tune to minimize construction vehicle emissions, where feasible.
1& (MMP BIO-24) As part of its mining expansion, Robertson's shall remove trees
and other significant vegetation that may provide nesting habitat for migratory
birds from the mining areas between September I and March 1, outside of the
nesting season. If trees or other significant vegetation must be removed during
the nesting season, a nesting bird survey shall be conducted by a qualified
biologist no more than 14 days prior to any grading or vegetation clearing. If
nesting birds are found within the areas to be impacted by the project the nest
and a 100-foot buffer area (200 feet for raptors) around the nest shall be
protected and maintained until the biologist determines that young have fledged
and/or that the nests are no longer active. The buffer areas shall be delineated
with orange construction fencing.
17. (MMP 810-25) Prior to mining within all mining expansion areas, Robertson's
shall conduct a habitat assessment for burrowing Owl. If habitat is observed, a
focused burrowing owl survey shall be conducted during breeding season (March
I - August 31 per approved survey protocols. If occupied burrows are found
appropriate measures shall be implemented which may include one or more of
the following in consultation with the California Department of Fish and Game
(Ca FG):
a. Avoid disturbance within 160 feet of occupied burrows during non-
breeding season and within 250 feet during breeding season, and/or
b. If owls must be moved, passive relocation during the non-breeding season
per CDFG recommendations shall be implemented,
5
C. A burrowing owl pre-construction survey shall be conducted by a qualified
biologist no more than 14 days prior to any grading or vegetation clearing
in areas with potential burrowing owl habitat not previously mitigated. If
nesting owls or occupied burrows are found within the areas to be
impacted, the above mitigation measure shall be implemented.
18. Should cultural resources be discovered during project construction and/or
mining, all work in the area of the find shall cease and a qualified archaeologist
shall be retained by the project sponsor to investigate the find, and to make
recommendations on its disposition. If human remains are encountered during
construction all work shall cease and the San Bernardino County Coroner's
Office shall be contacted pursuant to Health and Safety Code provisions.
a. (MMP CUL-1) A qualified archaeological monitor shall be present during
initial ground disturbing activities in the mining portion of the proposed
Upper Santa Ana River Wash Land Planning Area ("the Planning Area-').
The monitor shall be empowered to temporarily halt or redirect
construction and/or mining activities in the vicinity of the find until the find
can be evaluated by a certified archaeologist.
b. (MMP CUL-2) In the event of a new find, salvage, excavation and
reporting shall be required. The Secretary of the Interior's Guidelines for
archaeological documentation shall be followed by a qualified
archaeologist.
19. (MMP CUL-3) If the archaeological sites CA-SBR-6075H. CA-SBR-6076H or CA-
SBR-6087H cannot be avoided during implementation of the proposed project
further study as detailed below shall be necessary for mitigation:
a. Subsurface Testing: This would consist of a limited subsurface data
collection program to help determine the depth and distribution of the
resource.
b. Archival Research. Archival research could yield specific data regarding
the origin and age of found resources and/or artifacts and place them in
an historical context.
C. Data Recovery. If the resources and/or artifacts are determined to be
eligible for the California Register of Historic Resources, additional
archaeological data recovery excavations would be necessary. Data
recovery shall consist of a research design, hand and/or block
architectural excavation, laboratory analysis, research, a data recovery
report and curation of collected artifacts.
20. (MMP HAZ-5) All loads in open street-legal trucks shall be no higher than 6.0
inches below the top of the truck wall or shall be covered, and shall he subject to
spot inspection pursuant to the Community Development Director of the City of
Redlands or his or her assignee.
5
21. (MMP HYD-1) Prior to any mining activity on undisturbed lands related to this
Conditional Use Permit, Robertson's shall develop or revise a storm water
pollution prevention Plan (SWPPP) for routine mining activities associated with
new excavation areas. The SWPPP shall emphasize structural and nonstructural
best management practices (BMPs) to control sediment. Robertson's shall
submit the SWPPP to the City of Highland and the City of Redlands for review
and approval
22. (MMP HYD-2) Prior to any mining activity on undisturbed lands related to this
Conditional Use Permit, Robertson's shall develop or revise a Spill Prevention
Control and Countermeasures Plan (SPCCP) for all mining area activities and
shall outline the methods and locations that would be used for disposal of debris
handled or produced on site during excavation. The plan shall also include
handling and cleanup procedures of any accidental releases at the mining site.
Disposal of maintenance and/or excavation waste is subject to compliance with
all applicable waste disposal regulations and requirements. Robertson's shall
submit the SCOP to the City of Redlands and the City of Highland for review
and approval.
21 (MMP' /AES-1) Prior to initial grading for the Silt Pond Quarry where sufficient
space is available, RRM shall create and maintain a berm on the northern and
eastern boundary of the quarry that parallels 5h street and Orange Street-
Boulder Avenue. RRM shall plant the berm with plant species common to the
Riversidean Alluvial Fan Sage Scrub Community as approved by the San
Bernardino Valley Water Conservation District (the District) and by the City of
Redlands. The berm design will incorporate curvilinear contours and varied berm
heights so that the berm appears more natural. Berm and landscaping plans
shall be submitted to the District and the City of Redlands for review and
approval.
S. Within 180 days of project commencement, the following conditions must
be completed to the satisfaction of the Community Development Director:
1 The applicant shall prepare a plan for the implementation of revegetation test
plots. Said plan shall be prepared to the satisfaction of the Community
Development Director. This plan shall become part of the revised reclamation
plan. The plan shall be implemented on the first area available for reclamation.
The test plots may be coordinated with Cemex's extractive sites in the Upper
Santa Ana River Wash Aggregate Lands, such that test plots need only be
implemented at one site and subsequent data shared between operators.
Z A plan shall be prepared and implemented to the satisfaction of the Community
Development Director for the purpose of controlling weeds on all areas of the
site. The weed control plan shall augment weed control measures identified in
7
the Revegetation Plan, The weed control plan shall be submitted within 180 days
of Reclamation Plan approval.
3. An erosion and sedimentation control plan shall be prepared to describe specific
measures to be put in place that will prevent uncontrolled erosion and eliminate
potential drainage hazards. The plan shall be presented on a map showing the
location and size of specific erosion and sedimentation control structures. Said
plan shall be prepared to the satisfaction of the Community Development
Director,
4. Robertson's shall enter into a Memorandum of Understanding or other
appropriate mechanism with the San Bernardino County Flood Control District,
with the intent of providing full access to designated internal haul roads and
specified mining pit areas for storage and processing of material by said District
during periods of emergency flood control cleanup operations.
C. Within two years of issuance of "Take" permit by USFWS, the following
conditions must be completed:
1, Maintain traffic pattern for company and non-company trucks in accordance with
Access Alternative D as described in the EIR and the traffic study for the project
The proposed 5th Street haul road exit shall only be used by project traffic that
goes south on SR 210. All other project traffic shall use the Alabama Street
access. Install a camera/DVR system at the 5th Street haul road exit that is
capable of monitoring, counting and recording image and traffic data for a
minimum of 30 days.
2. Install a video detection system at the Alabama Street project entrance. Install a
camera/DVR system capable of monitoring, counting, and storing image and
traffic data for a minimum of 30 days.
0. Within five years of issuance of "Take" permit by USFWS, the following
conditions must be completed:
1. Control public access to mining areas via the Orange Street haul road accesses.
Install fencing, gates and signage etc. as required by the City Engineer. Lock the
access gates daily when the Orange Street plant is closed.
2. Relocate/modify existing traffic signals per City specifications to accommodate
required street widening at various locations including the Alabama and the
Orange Street project entrance.
E. The operator shall comply with the following conditions during the term of
the Reclamation Plan for the project:
8
1: The City of Redlands and the City of Highland shall be notified within thirty (30
days in writing about any:
a'. Inactive periods of operation for one year or snore;
b. Changes of company ownership, address or telephone number during the
life of the Reclamation Flan;
C. Any changes to provisions of lease agreements or real property that will
affect the approved Reclamation Plan.
2.. If the operation or Reclamation plan procedures substantially change from those
outlined in the approved Reclamation Flan an amendment shall be tiled and
approved by the City before such changes are made effective.
,. Reclamation of the site shall commence as soon as feasible.
4. The project site shalt be inspected annually to insure compliance with the
Conditional Use Kermit and Reclamation Flan.
5. Maximum pit depth in the Silt Pond Quarry shall be 150 feet below pre-mining'
ground surface.
5 Operations shall not be conducted within 20 feet of groundwater, No operations=
shall be conducted in standing wafer.
7" There shall be no expansion; of use beyond the scope and nature described in
the Reclamation Flan without first obtaining approval.
. All drainage control structures shall be maintained free of debris and in good
working order.
g. Safety berms a minimum of three (3) feet in height shalt be placed at the trap of
dope above all working areas, including internal haul roads.
10, Mining advancement shall be conducted in small areas along the periphery of the
reclamation plan area. The working face shall not be more than 30 feet in height
arra shall be regraded to final slope conditions as soon as possible following'
resource recovery. This condition is intended to result in the greatest amount of
reclamation over the shortest time period;.
11`, Reclamation of mined lands shall be completed as quickly as possible following
mining operations. Regrading and revegetation shall be completed on sites as
small as one acre fallowing resource recovery.
12. The operator shall remove yucca, cacti, and other unique species deemed
suitable for transplanting by the project biologist. The removed plants shall either
9<
be directly replanted to slopes ready for revegetation or be maintained for future
revegetation activities.
13. As an area is cleared for mining, vegetation shall be chipped and placed in
topsoil piles or used as mulch covering for revegetation.
14. Prior to revegetation, soil analysis shall be conducted on the areas to be
reclaimed to determine the presence or absence of essential elements as
compared to natural local soils. If nutrients deficiencies are noted, it
amendments shall be added, as necessary, in an effort to replicate natural topsoil
conditions.
15. Revegetation methods identified in the reclamation plan text shall be applied
during revegetation,
16. Conduct and/or compile quarterly groundwater depth measurements from
groundwater monitoring wells. Quarterly groundwater level measurement shall
continue for the duration of the approved Reclamation Plan,
17. An Annual Monitoring Report shall be submitted to the Director of Community
Development not later than July I of each year. Each annual report shall include
the following:
a. Identification of new disturbance.
b. Depth of pit areas within thirty (30) days of the date of the Annual
Monitoring Report,
C. Provide a map showing current status of all areas within the permit area
including:
I) New disturbance within past 12 months.
2) Areas reclaimed within previous 12 months.
3) Location of test plots.
4) Location of topsoil stockpiles.
5) Proposed new disturbance during the up-coming year.
6) Identification of areas proposed for reclamation during the up-
coming year(beginning July 1),
7) The areas where mining is restricted due to the presence, or
potential presence of endangered species,
d. An aerial photo at a scale of V = 400' taken within the last 6 months of
reporting year,
e. Description of test plot results.
t Description of reclamation activities completed during the previous year
to include:
I) seed collection,
2) revegetation,
10
3) revegetation'success for all areas which have leen revegetated,
but which have not yet achieved revegetation success criteria;
4) vertebrate recoloni ation,
5) repair of areas with excessive erosion;
5) a statement that reclamation has been initiated on all areas
available for reclamation in accordance with the approved
reclamation plan.
g: Revised Financial Assurance Estimate.
h: Description of monitoring activities during the past 12-month period
including-ground water elevations and others.
L The Annual Monitoring Report shall provide adequate explanation of why
areas may not be reclaimed due to the presence of endangered species.
18, Robertson's shall comply with Rale 403 (Fugitive [east) of the South Coast Air
Quality Management District during mining operations and reclamation including,
but not limited to, watering of haul roads, limiting truck speeds, watering of
disturbed areas and stockpiles of fine materials, use of chemical stabilizers on
haul roads, and routine maintenance of equipment and trucks,
19 Robertson's shall comply with Rule 1157 (PM 10 Emission Reductions from
Aggregate and Related Operations) of the South Coast Air (duality Management
District during mining operations.
. Mining operations shall be discontinued if wind speeds exceed 25 mph.
1. Robertson's shall provide a contact person and telephone number reachable 24
hours per day for notification of spills from vehicles carrying Robertson's
products on public roads in the vicinity of the operation's driveways and freeway`
access pmts. Upon notification, Robertson's will remove and/or cleanup said
spills before noon of the stay following the day of the spill
22Robertson's shall comply with all requirements of the National Pollutant
Discharge Elimination System N 'DES;).
3, Strobe lights shall be installed for use during night operations on all tiff road
equipment as allowed by the Mine Safety and Health Administration(MSHA) and
the California Division of Occupational Safety and Health (Cal OSHA)
4. Robertson's may not store equipment and materials on its property in such a way
as to constitute a nuisance as defined by Redlands Municipal Code,
5 Rock crushing equipment may not be operated before 5 a.m. or after 10 p.m. o
any day of the year.
1
26. Mining hours of operation shall be from 4 AM to 10 PM Monday through Friday, 6
AM to 6 PM on Saturdays with no processing allowed on Sunday, Shipping shall
be allowed 7 days per week, 24 hours per day,
27. The Applicant shall reimburse the City for staff time and materials associated
with the enforcement of the SMA RA 2771 Lead Agency Agreement,
2& Compliance with all applicable mitigation measures listed in the Appendix L of
the Final EIR and entitled Mitigation\Monitoring and Reporting Program for the
Upper Santa Ana Wash Land Management and Habitat Conservation Plan.
29. Robertson's shall comply with all requirements of local, regional, state and/or
federal rules, regulations, and/or ordinances.
30. The applicant for this permit, and its successors and assigns, shall defend,
indemnify and hold harmless the City of Redlands, and its elected officials,
officers, agents and employees, from and against any and all claims, actions,
and proceedings to attack, set aside, void or annul the approval of this permit by
the City, or brought against the City due to acts or omissions in any way
connected to the applicant's project that is the subject of this permit. This
indemnification shall include, but not be limited to, damages, fees, costs,
liabilities, and expenses incurred in such actions or proceedings, including
damages for the injury to property or persons, including death of a person, and
any award of attorneys' fees. In the event any such action is commenced to
attack, set aside, void or annul all, or any, provisions of this permit, or is
commenced for any other reason against the City for acts or omissions relating to
the applicant's project, within fourteen (14) City business days of the same, the
applicant shall file with the City a performance bond or irrevocable letter of credit
(together, the "Security ) in a form and in an amount satisfactory to the City, to
ensure applicant's performance of its defense and indemnity obligations under
this condition. The failure of the applicant to provide the Security shall be
deemed an express acknowledgement and agreement by the applicant that the
City shall have the authority and right, without objection by the applicant, to
revoke all entitlements granted for the Conditional Use Permit pursuant to this
permit. The City shall have no liability to the applicant for the exercise of City's
right to revoke this Conditional Use Permit.
31. Combined, the Robertson's quarries within the Upper Santa Ana River Wash
Area shall not exceed a production level of 3 million tons annually.
32. (MMP REC-01, REC-0 2 and REC-(3) Prior to any grading, Robertson's, as part of
the Wash Task Force, shall participate in the implementation of a trail program
within the Planning Area in the following manner. *
a. Robertson's, as part of the Wash Task Force, shall submit its fair share
amount at a time agreed upon by the Wash Task Force and the City, to
12
the City of Redlands for the maintenance of trails within the Planning
Area as set forth in the Trails Master Plan to be developed as part of
implementation of a Habitat Conservation Plan for the Planning Area.
The amount of the cash deposit will be determined by an
implementation program outlined within the Trails Master Plan for the
Planning Area.
b. Robertson's, as part of the Wash Task Force, shall submit its fair share
amount at a time agreed upon by the Wash Task Force and the City, to
the City of Redlands for the exclusive use of trails education and
outreach programs for the Planning Area. The education outreach
program shall focus on litter and pet waste and include. but not be
limited to the following elements' advertising, community outreach,
strategic partnerships, media, youth education and business and
stakeholder outreach.
33. Construct any proposed berms or slopes for this project outside ultimate street
rights-of-way unless otherwise approved by the City Engineer,
34. Upon notification by the public or the City, clean up spilled concrete or aggregate
material on City streets by end of the same business day, or by noon the
following day if notification is given after business hours. Repair damage to
pavement caused by hardened spilled concrete as necessary. Implement
measures to minimize track out of dirt onto City streets. Sweep City streets at
least once a day along the project truck route, or as frequently and at locations,
as required by the City Engineer.
35, Maintain a minimum pit setback of 68 feet from the Orange Street Right-of-Way.
Within this setback install and maintain a landscape screen for the life of the
operations. A landscape plan shall be submitted to the Community Development
Director for review and approval.
F. The following conditions are performance standards for reclamation:
14 Unless explicitly stated otherwise in this permit, Robertson's shall perform mining
and reclamation activities as specified in Mine and Reclamation Plan for the
Upper Santa Ana River Wash Aggregate Lands to be Operated by Robertson's
Ready Mix: Plunge Creek Quarry, Silt Pond Quarry, East Quarty South, updated
January 2008 and approved by the City Council of the City of Redlands on April
6, 2010. This plan will be referred to hereinafter as the "Mine and Reclamation
Plan."
2. Prior to the placement of topsoil and/or seeding of reclaimed lands, all surfaces
shall be ripped to a minimum depth of 12 inches.
13
The top 6 inches of undisturbed 'topsoil shall be salvaged for reuse in
revegetation. Unless specifically waived by the Director of Community director,
salvaged topsoil shale be placed directly on reclamation sites.
4. Stockpiling of topsoilshall be conducted such that movement of the stockpiles for
operational purposes will not occur. Each topsoil stockpile shall be identified by
clearly legible signs which say` "Topsoil". Lettering shall be a minimum of 4
inches in height.
Conduct a geotechnical stability analysis of the 1:1 slopes proposed for final
reclamation at the Silt Pond Quarry. Final'reclaimed slopes shall be graded to
gradient which is stable and will protect public safety as determined by the
geotechnical stability analysis. Final reclaimed slopes on the east side of the pit
shall be no steeper than 2:1 (horizontal:vertical)
6 Revegetation' shall be deemed complete when 50 percent of species diversity
and 50 percent of species density have been achieved on all reclaimed sites for
a minimum of two consecutive years. A representative, undisturbed, off-site area
shall be surveyed to determine the baseline for revegetation practices. The
results of neve +etation adequacy testing shall be presented in the annual
reclamation report.
7. At the time of termination of the operation for any reason, all equipment,
buildings, structures (unless required for find reclamation) and refuse shall be
removed from the site and all hazards mitigated within one year of operation
termination. Final reclamation shall be initiated within 90 days of operation
termination and completed in one year.
8. All roadways, which will not be retained for past-mining uses, shall be reclaimed
and revegetated with the 'Riversidian Alluvial Farr species identified in the
Reclamation Flair at the conclusion of raining/hauling activities, Maximum width
of retained roadways shall be 22 feet unless< otherwise approved by the
SBVWCD or the City Community Development Director,
9. All pit floors designated for use as recharge basins shall be ripped to a depth of
two (2) feet to break up compaction caused by extractive operations.
10. If not used for recharge basins within one year of mining completion,'pit floors in
designated recharge basins shall be seeded with an erosion control native need
mix:
11. Each area reclaimed shall be identified on a heap and labeled for identification,- �
All reclamation areas shall be monitored for a minimum of five years following
completion of final reclamation measures. Monitoring shall continue until all
performance criteria are achieved. Annual monitoring reports shall be presented
in accordance with Condition C.17.f
4
12. All equipment and refuse shall be removed from the site prior to gaining
certification of final reclamation.
13. Dependent on professional biological advice, the following species of the
Riversidian Alluvial Fan Sage Scrub Community shall be included in the
revegetation seed mix at the seeding rate of pounds of pure live seed/acre as
follows
SPECIES SEEDING RATE
(Pounds of Pure Live Seed/Acre)
California buckwheat 3
Hairy yerba santa 2
Our Lord's candle O 5
Deerweed 2
Golden yarrow 0.5
California Croton I
Goldenbush I
California sagebrush 1
Lemonadeberry 015
White sage 0.5
Laurel sumac 0.25
Native Annuals Seed Mix 10
14. Seeding rates shall be adjusted to account for size of seed and Pure Live Seed
(PLS) rates. A competent revegetation professional shall be consulted to
determine the proper seeding rates for included species.
15, Performance criteria for revegetation success shall be collectively:
• Cover: 20% by native species (or 50% of average existing cover);
• Species Richness: Minimum of 6 perennial shrub species (50% of
existing)
• Density: 10 stems if native perennials/ 5m2 plot(50% of existing)
• Less than 20 percent non-native species, and
• Recruitment of native plant species seedling must occur,
16, (MMP AES-4) As mining activities are completed, the slopes of the quarries shall
be reclaimed and revegetated per the approved Mine and Reclamation Plan for
the Upper Santa Ana River Wash Aggregate Lands to be Operated by
Robertson's Ready Mix, and approved by the City of Redlands, with plant
species common to the Riversidean Fluvial Fan Sage Scrub Community,
15
1 , (ITP 810-17) The mire operators hall implement reclamation and revegetation
concurrent with ongoing mining per the Mine and Reclamation Plan for the Upper
Santa Ana River Wash Aggregate Lands to be Operated by Robertson'sReady
Mix and approved by the City of Redlands.
Approved by:
Oscar Orci
Community Development director
E
16
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
I)k VFI ,()PMt N't' R , IjIRNti� -I'S
("ONDITIONAL USE PERNIff NO. 949
Date of C.C. Meeting: August 3, 2010
Applicant: Robertson's heady Mix
Location: Sift Pond Quarry
The applicant shall comply with the following engineering requirements as necessary because the
required construction is a-necessary prerequisite to the orderly development of the surrounding area
and for public health and.safety;
All requirements for development shall be consistent with recluirernents set forth in the General
Flan; applicable sections of Redlands Municipal Code, latest edition of "Redlands Standard
Specifications and Detail Drawings for Design and Construction of Public Improvements"; latest
edition of American Public ' arks Association "Standard Plans for Public; Works"' and "Standard
Specifications for Public Works Construction - Greenbook" latest edition of "Redlands s Water
Systems Standard Specifications-: latest edition of "Redlands unitary Sewer Systems Standard
Specifications",- and current Redlands policies and guidelines relative to development projects;
A. Within 180 clays of issuance of the "Take" permit by U l*W , the following condition
must be completed.
I. Submit executed dedication documents with legal descriptions and plats for City
acceptance, 90 days shall be allowed for the review and approval by the City
Engineer of documents, legal descriptions, and plats prig to execution by the
property owners, The required dedications are as follows.;
a Dedicate to provide for a 44 foot half street right-of-way width on the west
side Orange Street including comer c:utoff to accommodate 50 foot radius
curb returns and pedestrian ramps from the highland City limits to the
southerly Property line of the parcel currently identified as rPlsl 29`1-121-C}1.
Acquire and dedicate additional street rights-of-way (curb width plus 12 teen
minimum) beyond the; General Plan width when needed for construction of
required turn lanes at the Orange e Street project entrance.
b. Dedicate to provide for public use trail easements its required;
C. Dedicate to provide for adequate slope casements for the required widening
ofC range Street as needed and as approved by the City Engineer,
d. Dedicate to provide for adequate drainage casements for the required'
widening of Orange`street as needed and as approved by the City Engineer.
e: Dedicate to provide on-}site reciprocal al drainage easements as needed and as
approved by the City l ttgineer,
All support documentation shall be submitted ww ith the plans to he checked.
`submission shall include:
a. l'itle R ports and backup documents fir the property
b� All record neaps and deeds referenced
C. I aSCoWnt DO+:tantertts
C LJ P 949
August 3. 0 10
Page 2;
d.. Boundary and Lot Closure Calculations
e. Record plans, maps and document
Dedication documents shall be prepared by a licensed land surveyor or 'registered`.
civil engineer (registered prior to January 1982) in the State of California and roust
be submitted for review and approval before recordation.
8 Prior to the commencement of operations on previously undisturbed ground, the
following condition roust he met.
Ia Pay plan check fee for documents/plans' listed in this section as established per
resolution. 'rhe amount is to be determined at time of plan check submittal.
. SWPPP/Erosion Control Plan. Erosion/Sediment Control Flare for routine activities
associated with new excavation areas shall be submitted to the City of Redlands
and the City' of Highland for review and approval. A,copy of the project's Storm
Water Pollution Prevention Plan (SWPPP)shall be submitted to the City of Redlands
and the City of Highland for review. SWPPP Best Management Practices (BMPs)to
prevent and control discharges to the municipal separate storm sewer(drain) system
shall be in effect for the entire duration of project construction to its completion and
acceptance by the City(s).
. For all development requiring coverage under the state of C"al 'forma general Storm
Water Permit, in effect at the time of permit issuance, and whom have filed with the
State Board a Notice of Intent (NOI) a copy of the Waste Discharger Identification
Number (WT ID) and NOI shall be submitted for review and file. Call (909)782-
4130. 09)784130.
4. The City approved SWPPP documents shall be submitted to the Santa lana Regional
Water Quality Control Board for acceptance and monitoring.
C. Within 2 years of the Issuance of the CUP, the following conditions must be completed.
1: The application shall pay Development Impact Fees that are in effect per City of
Redlands Fee Resolutions andlor Municipal Code at the time of payment.
2. Project Proponent shall submit to the City a Traffic Study that analyzes mime
production and all ether vehicular activity at the project sites in carder to estimate the
average daily project trips by vehicle type over the life of the project. The Traffic
:study shall he reviewed and approved by City Staff', 'rhe average daily trips
calculated in the 1'r affic Study %611 be used as the basis for calculation of traffic
related Development Impact fees.
C U P 949
August 3, 2010
Page :3
1);, Within 2 years of issuance of the "Take" permit by UfiEWS, the follow condition trust
be completed.
I, Pay plan check tee for docur ants/plans listed in this section as established per
resolution. The amount is to be determined at plait check submittal,
Plans required to be submitted shall include
a'. Street Construction and Erosion Control flans,
b: Pavement Striping Plans,
C. Strut gree Installation -- Street tress shall be provided as per the approved
Street Tree List,
d. Traffic Signal Modification/Construction
e. Street Light Installation Provide street lighting plan which show approved
locations of service pedestal(s). conduits, street lights. appurtenances, and
any necessary detail by Southern California Edison Company ,
All plans used as reference for design shall be listed on title sheet of all plans with
reference numbers. All plans shall be submitted on 24" x 36'" size sheets. Three ( )
copies of each are required. Atter final review, plans shall be submitted on 24" x 6"
size, nein. 4 mil. mylar sheets for City's approval.
3. Submission of plan sets shall be complete and include all required engineering
designs and drawings listed in No. 2 above. All plans submitted: shall ` e
substantially complete. and no plan check queue place-holder plans will be accepted.
An incomplete plait submittal will not be accepted for plan check.;
4. SWPPP/Erosion Control Plan. Erosion/Sediment Control Plait for the widening o
Orange Street shall be submitted with street construction plans to the City of
Redlands for review and approval. A copy of the prqiect's storm Water Pollution
Prevention flan (S 4'PPP) shall be submitted to the City of Redlands for review,:
S 'PPP lest Management Practices (13MPs) to prevent and control discharges to the
municipal separate storm salver (drain) systema shall be in effect, for the entire
duration of project construction to its completion and acceptance by the City(s).
For all development requiring coverage tinder the state of California General Storm
Water Permit; in effect at the time of permit issuance, and whams have filed with the
State Board a Notice of Intent (NOI). a copy of the Waste Discharger Identification
Number (WDID) and N01 shall be submitted for review and file. Call (909)792-
41 30
909)7924130}
6� Water Quality Management Plan. A WQ.klP for the widening of Orange Street
shall be submitted with street construction plans for review and approval. WQNtp
shall consist of pest construction Best Management Practices MMPs) prepared in
accordance with the requirements and guidelines of the Sian Bernardino County
Storntwwater Program. I he requirements of the WQMP shall remain in effect
throughout the lily of the project.
CUP 949
August 3. 201
Page:4
7, Finalize and obtain all necessary onsite and offsite permissions. permits, easements
right-of-way, and properties in carer to satisfy the conditions of approval for this
project. Such items shall include.
a: Signed/notarized Offsite letter of permission to conduct certain work.
b. C t3 ite/onsite casement to construetlinstallimai twin certain improvements,
C, OfT ite/onsite right-of-way to construct/install/maintain certain
improvements:
d Encroachment Permits from City of Highland, County. and Cather agencies,
C. 401 Certification (California Regional Water Quality Control Board) and;404
Permit (US. Army Corp ofEngineers).
8. All public improvements shall be designed by licensed Civil Engineer in the Stag of
California. All existing utilities shalt be pert-holed to determine the actual depth if no
signed plan is available. Field nates will be submitted at time of submitting the plan
for review and plan checking.
9. The approximate locations of existing underground utilities shall be shown on the
improvement/site/grading plans. The utilities shall be plotted from record and field:
data. The City of Redlands and the Engineer assume no liability as to the exact
location of said lines whose locations are not shown.
IOC Final City approved m, tars for all public improvements shall be on file with the
Municipal Utilities and Engineering Department.
I I.. plan requirement for Orange Street from the Highland City limits to the southerly
boundary of CUP No. 949, Coordinate construction of all Public improvements can
Orange Street with;the City of Highland_
a:; Construct standard curb and gutter at 38 feet on the west side of street
centerline to provide for the required acceleration lane. Acceleration lane
length on the west side of Change Street shall extend from the end of curb
return for the driveway entrance to a point that is 400 feet southerly of the
intersection of the centerline of the driveway entrance with the centerline of
Grange Street.,
h. Construct a 420 footlong straight AClearn transition from the end of the curb
and gutter constructed for the acceleration lane described in Condition 11-3
:above to the existing edge of pavement.
c. Construct standard street.section between nevv° curb or edge of pavement and
street` centerline consistent with the City Standard, verified through a
geotechnical< report. structural' Section of the street shall be leaned upon
Fraftic Index of 1 I
& Install: I.E D ornamental street light{s} with the equivalent illumination of
150 watt sodium vapor street light. Prepare and submit a separate street
lighting plan tier City approval. Street light spacing shall be determined by
the City ofdcsignspec ificat ions. Installationof'kapproximatcly four(a)'to five
(5) lights Neill be required, light location along the acceleration lane curb
4arad gutter constructed ;as described in Condition 1 1-a alcove will he per
CUP 949
August 3, 2010
Page i
standard City design standards, 1--ocation of the lights southerly of the
acceleration lane to the southerly boundary of this (.'(,JP will be determined at
time of plan preparation. Coordinate %vith City staff for guidance at that time.
e. Provide street trees spaced every 40 feet avoiding sc%ver and water laterals.
Prepare and submit a separate street tree plan for City approval.
f. Construct underwalk drain, if necessary.
9. Utility relocation, if necessary.
12. Install a City approved traffic video detection system at the Orange Street project
entrance. Install a carnera/DVR system capable of monitoring, counting, and storing
image and traffic data for a minimum of 30 days.
13. Construct the Orange Street project entrance as a street type entrance with handicap
ramps and curb returns using a 50' turning radius to accommodate project trucks.
Remove existing asphalt pavement structural section within the Orange Street project
entrance intersection and reconstruct with a concrete pavernent structural section.
14. Design pavement striping to provide a south bound left turn lane and a north and
south bound right turn, lane at the Orange Street project entrance as described above.
Prepare and submit a separate striping plan for City approval.
15. Design to modify the existing traffic signal at the Orange Street project entrance.
Install signal hardware and software as specified by the Redlands City Engineer. A
Video Detection System with wireless transmission to the City Traffic Signal Center
will be required. Construct roadside barriers to protect the modified signal. Obtain a
construction permit from the City of Redlands and City of Highland.
I& Design to provide for adequate drainage facilities for street construction. The
applicant shall provide and submit all necessary hydrology hydraulic studies and
calculations in accordance with the San Bernardino County Hydrology Manual.
17: As a condition of and prior to the final approval, the applicant shall (1) petition the
City for annexation of the property comprising CUP No, 949 to the City's
Community Facilities District No, 2004-1, or a similar City community facilities
district, as designed by the City; (2) take actions reasonable or necessary to annex
such property to community facilities district; and (3) pay the reasonable and actual
costs incurred by the City in annexing the property to the community facilities
district; all for the purpose of providing funding for the operation and maintenance of
public landscaping, traffic signal facilities, street lights, and public right-of-ways.
18¢ All irrigation lines that exist within any street right-of-way shall be replaced with
Schedule 40 PVC or as approved by City Engineer,
19,, Design and construct Class 2 Bicycle trail on the kvest side of Orange Street.
10. Improvement honds must be posted for the total estimated cost of public
improxertients as follo %s,
CUP 949
A ugust 3, 20 10
Page
Performance 90% in bond forma
Performance (Warranty) 10% in cash (ininimum $500.00)
Labor and Materials 100% in bond forst
Acceptable bond types are Surety Bonds, Fetter of Credit from a qualified lank or
institution, and Cash Deposits.
E The 10% performance (warranty)' security will be retained for one year after
completion and acceptance of public improvements by the City for warranty of off-
site work.
2 Execute Public Improvement agreement.
E The following items are required prior to issuance of the ENCROACHMENT
PERMIT for construction of improvements.
I Cash cleanup deposit shall be submitted (S 1,000.00). Deposit will be reimbursed:
after the work is completed and accepted by the City upon written request.
2 Section 4216/4217 of the Government Code requires a Dig Alert Identifications
Number be issued before a "Permit to Excavate'" will be valid. For your Dig Alert
Identification Number, call Underground Service Alert toll free, 1-800-227-2600,
two (2) working days prior to conducting any excavation.
3. Encroachment Permit application and three (3) sets of City approved plans must be
submitted for all Public improvements. Encroachment Permit fees shall be pard prior
to issuance of Encroachment Permit.
4. A California OSHA Permit Number for all work that is five feet deep or deeper shall
be provided. Call (909)383-432`1,
A copy of soils report is required with recommendation for the final pavement
structural section to be Submitted prior to placing, of the street pavement. The report
shall include'test results and born /sampling locations.
6. A traffic control plan shall be prepared in accordance with the latest revision of
Chapter 5 of the `tate of California Traffic 'Manual or W.A.T.C.H. manual,:
submitted and approved by the City Engineer prior to issuance of an encroachment
permit. The plana shall show all required construction n signage. warning devices, road
closures, detours, delineation phasing schedule-, :ansd anticipated durations o
closures and detours for any work within the public right-cal-way. 'Fhe plans shall`
provide narnes and 14-hour phone numbers of individuals who can be contacted
regarding traffic control measures:
Provide proof of bonding and agreement rccluirc rnents as described in Nos. 20 2
O(S ;tion -1)",.
CUP 949
August s', 010
Page 7
. Apply slurry seal: to existing pavement as required by the City Engineer prior to
pavement striping operations across the area where existing pavement striping is to
be modified:as part of the required street improvement work.
Construct any proposed berms or slopes for this project outside ultimate street rights-
of-way unless otherwise approved by the City Engineer.
10: Reconstruct existing public improvements removed or damaged during construction
of required improvements by the Applicant. Repair of paverrrent may include asphalt
concrete overlay,: 'r-cut trench repair and/or slurry seal. The limits of pavement
repair shall be across all or a portion of the damaged pavement as determined by the
City Engineer:
l`l. Pay for relocation of any existing public utilities if found to be in conflict with
requiredstreet improvements, Coordinate with the respective public utility
companies.
F. The following items are required prier to approval of`APPLICATION FOR ''WA'T'ER
SERVICE CONNECTION and prior to WA'T'ER mETER )lei "I'A .L ,r[O .
None
G. The following items are required prior to recordation of NOTICE OF COMPLETION
for all required public improvements,
I All requirements as described in;Sections A, B, C. D, E. and L of these conditions of
approval shall be met.
2. All improvements shall be reviewed and accepted by the City Engineer;.
3. Owner's Licensed Land Surveyor Survey shall be reset survey points, monuments,
record corners, and centerline ties that were destroyed during construction and shall
file Cerner Records for these points prior to completion of the project with San
Bernardino County Surveyor. Copies of information shall be furnished to the
Municipal Utilities and Fngineering Department
4. All work shall be completed to the satisfaction of the. City Engineer. All as-built
plans shall be delivered to the Municipal Utilities and Engineering Department for
review and approval as well as a C D-RONI .dwg file of"the as-built plans,
5. A list of as-built infrastructure improvement quantities shall be provided in the Excel
format provided by the City showing quantities for each street segment (i.e:
pavement, curb and gutter. sidewalk. etc.)
6� Streets may be required to have a seal coat applied at the option cif the City Engineer.
l`�pe of seal coat is to be determined by the. City l:npineer.
CUP P 949
August 3, 20 10
Page
7: Resurface existing roadway as directed by the City Engineer due to utility
installations and construction damage'.
8. Existing striping shall be removed and replaced as necessary. New striping and
pavement markings shall be installed as required by the City Engineer.
9, Contractors will be required to pave new streets in two (2) phases with last phase
being delayed until 95 percent of construction has been completed, or on approval of
the City Engineer.
H. Within five years of issuance of *`Tae" permit by USFWS, the following, conditions
mast be completed;
1. Ali requirements as described in Sections A, B, C, D, E, F and C of these conditions
of approval shall be met.
1. 'rhe following item's are required prior' to release of
BONDS/WARRANTIES/DEPOSITS.
I: All requirements as described in Sections A, B, C, D, E, F, G and H of these
conditions of approval shall be met.
2. The release of bonds/warranties/deposits must be requested in writing to the City
Engineer. Allow 30 days for the processing of the bond release(s).
J. Additional Conditions
l'; The applicant shall pay for a< Structural Pavement Analysis (SPA) to determine the
condition of the existing pavement section along the proposed true crossing and
truck route, The analysis shall include an evaluation of the expected pavement lite
with and without the expected traffic loading and usage due to the proposed project,
The report shall identity pavement rehabilitation strategies to bring the
existing pavement along the proposed truck, crossing and truck route to an acceptable
initial condition frac sustainable use by the project, The applicant ;shall then
implement a City approved strategy, or pay the City to implement such a strategy.
Report submittal and acceptance shall be prior to an acceptance by the City of Street
Improvement plans, Construction, and any required street rehabilitation, shall be
completed as described in Section H. The report ,shall also provide recommended
regular pavement analysis strategies to be performed at the applicant's expense that
will identify the work to be performed as described in Condition No. 3 of this
Section:
2. l'he applicant shall pay the proportional tiair share of the City's increased costs. to
maintain the pavemaent throughout the life of the project. Fhe SPA .shall include an
operational description for calculation nicthodologies of determining the pro rata
CUP 949_
August 3, 201'
Page
share of increased coasts amongst the participatory parties and include recommended`
payment schedules to the City.
3 The applicant shall repair, or pay the City to repair, pavement damages caused by
truck usage that is above and beyond the level Of usage assumed in the Structural,
Pavement Analysis. -truck usage shall be as documented by the video detection
system installed per Condition D-12, Payment structural analysis will be reviewed
every five y=ears.
. In addition. the applicant shall clean; clear, remove, and dispose of any debris and/or
material deposited in the roadway as a result of operations on Orange Street from the
project entrance as described in:Condition -13 to the Highland City Limits.
ROSEYMAR HUERt� Initiallniti
Director of Municipal Utilities
and Public Worksn ineering/C'ity Engineer'
DY/C D: kc
Hu-' 't 949
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 964
Applicant: Robertson's Ready Mix
Location: Alabama Street
Robertson's Plunge Creek Quarry (part of�l
City of Redlands - Conditional Use Permit No. 964
The Conditions of Approval below are continuing Conditions. Failure of the Applicant
and/or Operator to comply with any or all said Conditions may result in the revocation of
this Permit granted to use the subject property(ies), pursuant to Redlands Municipal
Code (RMC) Section 18.192.100.
Some Conditions (denoted by an asterisk "*") will not be applicable unless and until the
following actions are completed:
• The San Bernardino Valley Water Conservation District (the District), following a
review under the National Environmental Policy Act (NEPA), completes a land
exchange with the Bureau of Land Management (BLM);
• The U.S. Fish and Wildlife Service (US S) approves a Habitat Conservation Plan
(HCP) and companion Habitat Management Plan (HMP);
• The USF 'S, after completion of a Federal Environmental Assessment (EA), issues
an Incidental Take Permit pursuant to Section 10(a)(1 )(B) of the Federal
Endangered Species Act for Robertson's's mining activities; and
• The California Department of Fish and Game (CDFG) approves a Streambed
Alteration Agreement pursuant to Section J 600 et seq. of the California Fish and
Game Code and makes a Consistency Determination under Section 208(J. I of the
California Endangered Species Act.
This Conditional Use Permit is for implementation of 6.1 acres of the Mine and
Reclamation Plan for the Plunge Creek Quarry located in the City of Redlands and the
Upper Santa Ana River Wash Aggregate Lands. These 6.1 acres of the Plunge Creek
Quarry (West Basin Facility) consists of a Ready Mix Plant, C&D recycling material
area, material stockpiles, concrete products storage area and an access road to
Alabama Street,
The Conditional Use Permit sell expire on December 31 2065 unless an extension of
time hes been granted by the City (refer to Exhibit A. Planned Quarry Exhibit).
Combined with the East Quarry South and the Silt Pond Quarry, which are also
Robertson's operations within the Upper Santa Ana River Wash Aggregate Lands, the
Plunge Creek Quarry shall be permitted; to produce up to a combined 3,000,000 tares
annually. The Plunge Creek' Quarry is only expected to produce a total of 1,500,00
tuns of material as the final reclamation for this area is to enhance the capacity of the
East Basin Flood Control Basin.
1, This Conditional Use Permit approval shall become null and void::
a. Unless all Conditions have been complied with and the occupancy or use
of the land or existing structures authorized by such Conditional Use
Permit has taken place within twenty-four (24) months after the approval
of said Permit.*'
b. Where circumstances beyond the control of the Applicant cause delays
which do not permit compliance with the time limitation established in this
Section. The reviewing authority may grant an extension of time for a
period of not to exceed an additional twelve (12) months. Applications for
such extension of time must set forth; in writing, the reasons for this
extension and shall be filed together with a fee, as established by the City
Council, with the Planning Division no less than sixty (twat}) nor more than
ninety (90)' calendar days before the expiration of the twenty-four (24)
month period.
NOTE: All required on-site and offsite improvements shall be completed and approved'
prior to final inspections for occupancy of any building or structure.
2. This Conditional Use Permit shall supersede all existing mining permits and/or
entitlements approved by the City of Redlands and/or the County of San
Bernardino.
CONDITIONS OF APPROVAL
A. Prior to the commencement of operations, the following conditions must
be satisfied.:
1._ The applicant shall revise the reclamation plan to the satisfaction of the Director
of Community Development to reflect changes outlined in the Conditions of
Approval for the Reclamation Plan. The revised Reclamation Plan shall be bound
in a 3-ring notebook and shall incorporate the revegetation plan, test plot plan,
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan; Financial
Assurances Estimates, and Conditions of Approval. Said reclamation plan shall
be kept at the site at all times and be available to the inspector at all required
2
monitoring visits. The revised Reclamation Plan and attendant reps shall be
identified as Exhibit A to this approval.
2. Fund'a deposit account with the City of Redlands, which will be used to review all
required mitigation monitoring plans and reports, financial assurance estimates,
and conduct inspections, in the sum of $10,000.00 for the first three years of the
life of this permit, and in the sum of $2,500.00 for the fourth year. A balance of
$2,51 .00 shallthereafter be maintained in the 'deposit account through the
expiration of the permit:
3. Clearly legible metal signs denoting "Disturbance Limits" shall be placed along
the inside limits of the buffer area adjacent to all property lines/permit
boundaries. tettering shall be a minimum of 4 inches in height. At a minimum,
signs shall be placed every 300 feet around the perimeter of the permit area
where undisturbed ground adjoins the permit area. All signs shall be in place
prior to the commencement of extraction activities and shall be maintained over
the life of the operations.*
4: The permittee shall be allowed to recycle concrete and asphalt material
construction debris. Concrete and asphaltic materials shall not be utilized as
backfill and will be removed from the site before final reclamation.
. Theoperator shall provide the City of Redlands with an acceptable form of
financial assurance for the reclamation plan. The financial assurance shall be
available to both the City and the Department of Conservation.
6: Prior to the commencement of mining activities on previously disturbed and
undisturbed lands related to this Conditional Use Permit, Financial Assurances
payable to the City of Redlands and the Department of Conservation shall be
filed with the City. The amount shall be calculated based on a cost estimate
submitted by the Applicant and approved by the City for the estimated
reclamation of mining in the previously disturbed and undisturbed areas and shall
be submitted within sixty (60) days after Project approval. Each year, following
the annual' mine site inspection, the assurance amount shall be adjusted to
account for new lands disturbed by the surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the approved Reclamation
Plan;
The financial assurance is not established to replace the operator's responsibility
for reclamation or mitigation, but to assure funding for the Reclamation flan and
mitigation measures. Should the applicant fail to perform or operate within all of
the requirements of the approved reclamation plan, the City or Department of
Conservation shall follow the procedures outlined in Section 2773.1 and 2774.1
of the Surface Mining and Reclamation Act ( MA ), regarding the forfeiture of
the assurance and applicable administrative penalties, to bring the applicant into
compliance..;The requirements for the financial assurance will terminate when the
3
approved project, mitigation measures, and final Reclamation Flair have been
completed.
7. The permit area shall be mapped by a licensed land surveyor and boundaries of
the permit area shall be appropriately marked as fellows to the satisfaction of the
Community Development director
a; At all angle points:
b. ,At the intersections of the limits of the property.
c. Offset markers :shall be used and properly identified as such, in puce of
markers that would be an obstruction in traveled way.;
d'. Markers must be Portland Cement Concrete or steel posts firmly
embedded into the ground with a minimumabove ground height of two
feet,- The operator shall maintain these markers to the satisfaction of the
Community Development Director while the reclamation plan remains in
force. These markers shall be removed when the approved Project,
Mitigation pleasures and final reclamation have been completed and
approved in accordance with the established criteria.
e. The initial survey shall include permit boundaries, property line lengths,
widths, and setbacks from property lines and elevations at various
locations, so as to accurately depict the existing conditions.
f This initial survey, once submitted and accepted by the City, shall serve as
the datum for all future topographic comparisons following the startup of
the operations.
€. Prepare a detailed mine phasing plan for approval by the Community
Development Director. The plan shall provide for than completion of reclamation
as quickly as possible following phased resource depletion.
9. Lockable gates shall be placed at all vehicular access points to the permit area.
10. (MMP 1P AIR- Robertson's and Cemex Construction Materials lit.. (Cemex) shall
enter into a memorandum of understanding (MOU) that provides for scheduling
the transportation of materials so that both operators are not transporting
material on the same day from the south half of the northeast quarter of Section
11, Township I South, Range 3 Rudest, San Bernardino !Meridian. A copy of the;
OU shall be filed with the City of Redlands and the City of Highland prior raining,
in this previously described area.
11, Prior to any mining activity on any new undisturbed land related to this
Conditional Use Permit, the Wash Task Force (of which the Applicant is a
member) shall first obtain approval of the HCP and issuance of a Section 10a,
Incidental Take Pe it from the USFWS and a Section 1080.1, Consistency
Determination ination firm the California department of Fish & Came.
4
2. (MMP HA -3) Prior to any project-related ground-disturbing activities on
undisturbed lands related to this Conditional Use Permit, a site-specific Phase I
environmental site assessment (ESA) in accordance with Department of Toxic
Substances Control (DISC) standards shall he completed and submitted to the
City of Redlands and the City of Highland for review. In the event that hazardous
materials are discovered, Robertson's shall provide evidence to the appropriate
agencies that remediation and/or mitigation of said site has been completed to
the satisfaction of the appropriate local, regional, State, and/or federal entity;
prior to any ground-disturbing activities within 100 feet of any hazardous material
site identified during a project-specific phase I ESA.
13. (MMP AIR-1) Off need diesel-feeler vehicles used to construction and/car
operations under this permit shall comply, as applicable, with the California Air
Resources Board's emission standards specifiedin Sections 2449 through
2449.3 of Article 4.8, Chapter 9, Division 3 of Title 13 of the California Cede of
Regulations.
14. (MMP AIR-2) Heavy.-duty diesel equipment used for construction end/or
operations under this permit shall have exhaust particulate traps or superior'
technology certified and/or verified by the U.S. Environmental Protection Agency
or the California Air Resources Board installed, if such traps are available.
15. (MMP AIR-2) Heavy-duty diesel equipment used for construction shall be fitted
with the most modern or superior emission central devices and be kept in proper
tune to minimize construction vehicle emissions, where feasible.
16. (MMP BIO-24) As part of its mining expansion, Robertson's shall remove trees
and other significant vegetation that may provide nesting habitat for migratory
birds from the mining areas between September 1 and March 1, outside of the
nesting season. If trees or other significant vegetation must be removed during
the nesting season, a nesting bird survey shall be conducted by a qualified
biologist no more than 14 days prior to any grading or vegetation clearing. If
nesting birds are found within the areas to be impacted by the project the nest
and a 100-foot buffer area (200' feet` for raptors) around the nest shall be
protected and maintained until the biologist determines that young have fledged
and/or that the nests are no longer active. The buffer areas shall be delineated'
with orange construction fencing.
17. (MMP BICC-25) Prior to mining within all mining expansion areas, Robertson's
shall conduct a habitat assessment for burrowing Owl. If habitat is observed, a
focused burrowing owl survey shall be conducted during breeding season (March
1 - August 1) per approved survey protocols. if occupied burrows are found
appropriate measures shall be implemented which may include one or more of
the following in consultation with the California department of Fish and Came
(CDFG):
a. Avoid disturbance within 1601 feet of occupied burrows during non-
breeding season and within 250 feet during breeding season; and/or
b. If owls must be moved, passive relocation during the non-breeding season
per CDFG recommendations shall be implemented.
c� A burrowing owl pre-construction survey shall be conducted by a qualified
biologist no more than 14 days prior to any grading or vegetation clearing;
in areas with potential burrowing owl habitat not previously mitigated. I
nesting owls or occupied burrows are found within the areas to be
impacted, the above mitigation measure shall be implemented.
16. Should cultural resources be discovered during project construction and/or
mining, all work in the area of the find shall cease and a qualified archaeologist
shall be retained by the project sponsor to investigate the find, and to make
recommendations on :its disposition. If human remainsare encountered during
construction all work shall cease and the San Bernardino 'County Coroner's
Office shall be contacted pursuant to health and Safety Code provisions.
a. (MMP CUL-1) A qualified archaeological monitor shalt be present during
initial ground disturbing activities in the miming portion of the proposed
Upper Santa Ana River wash Land Planning Area ("the Planning Area-'
The monitor shall be empowered to temporarily halt or redirect
construction andlor mining activities in the vicinity of the find until the find'
can be evaluated by a certified archaeologist.
b. (MMP CUL-2) In the event of a new find„ salvage, excavation and
reporting shall be required. The Secretary of the Interior's Guidelines for
archaeological documentation shall be followed by a qualified
archaeologist.
19: MMP CUL-3) If the archaeological sites CA-SBR-6075H. CA-SBR-6076H or CA-
SBR-6087H cannot be avoided during implementation of the proposed project
further shady as detailed below shall be necessary for mitigation.
a. Subsurface Testing. This would consist of a limited subsurface data
collection program to help determine the depth and distribution of the
resource.
b. Archival Research. ,Archival research could yield specific data regarding
the origin and age of found resources and/or artifacts and place them in
an historical context.
C, Data Recovery. If the resources and/or artifacts are determined to be
eligible for the California Register of Historic Resources, additional 4
archaeological data recovery excavations would' be necessary. Data
recovery shall consist of a research design; hand and/or block
architectural excavation, laboratory analysis; research, a data recovery
report and curation of collected ,artifacts.
6
g, (MMS' H -5) All loads in open street-legal trucks shall be no higher than 6.0
inches below the top of the truck wall or shall be covered, and shall he subject to
spot inspection pursuant to the Community Development Director of the City of
Redlands or his or her assignee.
1. (MMP HYD-1) Prior to any mining activity on undisturbed lands related to this
Conditional Use Permit, Robertson's shall develop or revise a storm water
pollution prevention Plan (SWPPP) for routine mining activities associated with
new excavation areas. The SWPPP shall emphasize structural and nonstructural
best management practices (EMPs) to control sediment. Robertson's shall
submit the SWPPP to the City of Highland and the City of Redlands for review
and approval
2. (MMP HYD-2) Prior to any ;mining activity on undisturbed lands related to this
Conditional Use Permit, Robertson's shall develop or revise a Spill Prevention
Control and Countermeasures Plan (SPC+CP) for all mining area activities and
shall outline the methods and locations that would be used for disposal of debris
handled or produced on site during excavation. The plan shall also include
handling and cleanup proceduresof any accidental releases at the mining site;
Disposal of maintenance and/or excavation waste is subject to compliance with
all applicable waste disposal regulations and requirements. Robertson's shall
submit the SPCCP to the City of Redlands and the City of Highland for review
and approval.
3. (MMP BIO-20) Prior to construction of the 5th Street Access Road and mining
within the Plunge Creek Quarry,; RRI'w shall prepare jurisdictional delineation;
surveys. The jurisdictional delineation surveys shall comply with California Fish
and Game Code Sections 1600 1616 and with U.S. Army Corps of Engineers
Section 404 requirements for any discharge of dredged or fill material in
jurisdictional waters of the United States. A Section 401 Certification from the
Santa Ana regional Water Quality Control Board may also be required.
B. Within 180 days of project commencement, the following conditions must
e completed to the satisfaction of the Community Development Director:
1 The applicant shall prepare a plan for the implementation of revegetation test
plots:. Said plan shall be prepared to the satisfaction of the Community
Development Director. This plan shall become part of the revised reclamation
plan. The plan shall be implemented on the first area available for reclamation.
The test plots may be coordinated with Cemex's extractive sites in the Upper
Santa Ana River Wash Aggregate Lands, such that test plots need only b
implemented at one site and subsequent:data shared between operators.
2. A plan shall be prepared and implemented to the satisfaction of the Community
Development Director for the purpose of controlling weeds on all areas of the
7
site; The weed control plan shall augment weed control measures identified in
the Revegetaticn Flan. The weed control plan shall be submitted within 180 days
of Reclamation Plan approval.
8.. An erosion and sedimentation control plan shall be prepared to describe specific
measures to be put in place that will prevent uncontrolled erosion and eliminate
potential drai
1 The City of Redlands and the City of Highland shall be notified within thirty (30)
days in writing about any:
a. Inactive periods of operation for one year or more;
b. Changes of company ownership, address or telephone number during the
life of the Reclamation Plan-,
0. Any changes to provisions of lease agreements or real property that will
affect the approved Reclamation Plan,
2. If the operation or Reclamation Plan procedures substantially change from those
outlined in the approved Reclamation Plan an amendment shall be filed and
approved by the City before such changes are made effective.
3. Reclamation of the site shall commence as soon as feasible.
4. The project site shall be inspected annually to insure compliance with the
Conditional Use Permit and Reclamation Plan,
5Maximum materials extraction depth in the Plunge Creek Quarry shall be
approximately 20 feet below pre-mining ground surface.
6. Operations shall not be conducted within 20 feet of groundwater. No operations
shall be conducted in standing water.
7There shall be no expansion of use beyond the scope and nature described in
the Reclamation Plan without first obtaining approval.
8. All drainage control structures shall be maintained free of debris and in good
working order.
9. Safety berms a minimum of three (3) feet in height shall be placed at the top of
slope above all working areas, including internal haul roads.
10, Mining advancement shall be conducted in small areas along the periphery of the
reclamation plan area. The working face shall not be more than 30 feet in height
and shall be regraded to final slope conditions as soon as possible following
resource recovery. This condition is intended to result in the greatest amount of
reclamation over the shortest time period.
11. Reclamation of mined lands shall be completed as quickly as possible following
mining operations, Regrading and revegetation shall be completed on sites as
small as one acre following resource recovery.
12, The operator shall remove yucca, cacti, and other unique species deemed
ec;
suitable for transplanting by the proj t biologist. The removed plants shall either
be directlyreplanted to slopes ready for revegetation or be maintained for future
revegetation activities;
13. As an area is cleared for mining, vegetation shall be chipped and placed in
topsail piles or used as mulch covering for revegetation.
1`4. Prior' to revegetation soil analysis shall be conducted on the areas to be
reclaimed to determine the presence or absence of essential elements a
compared to natural local sults. If nutrients deficiencies are noted, soil
amendments shall be added, as necessary, in an effort to replicate natural topsoil
conditions:
15. Revegetation methods identified in the reclamation plan text shall be applied
during revegetation.
16. quarterly groundwater depth measurements for the Plunge Creek Quarry shall
net be required unless extraction depths are changed.
17. An Annual Monitoring Report shall be submitted to the Director of Community'
Development not later than July 1 of each year. Each annual report shall include
the fallowing.
a Identification of new disturbance.
b. Depth of pit areas within thirty (30) days of the date of the Annual
Monitoring Report.
C. Provide a map showing current status of all areas within the permit area
including:
1)' New disturbance within past 12 months.
, ) Areas reclaimed within previous 12 months.
3)` Location of test plots,.
) Location of topsoil stockpiles.
) Proposed new disturbance during the up-coming year.
6) Identification of areas proposed for reclamation during the up-
coming year(beginning duly 1).
7) The areas where mining is restricted due to the presence, or
potential presence of endangered species,
d An aerial photo at a scale of 1" = 400' taken within the last 6 months of
reporting year:
e. Description of test plot results.
f description of reclamation activities completed during the previous year �
to include..:
to
1) seed collection,
2) revegetation,,:
3) revegetation success for all areas which have been revegetated,
but which have not yet achieved revegetation success criteria,
4) vertebrate recolonization,
5) repair of areas with excessive erosion,
) a statement that reclamation has been initiated on all areas
available for reclamation in accordance with the approved
reclamation plan.
Revised Financial Assurance Estimate,
h. Description of monitoring activities during the past 12-month period
including ground water elevations and others,
i. The annual Monitoring Report shall provide adequate explanation of why
areas may not be reclaimed' due to the presence of endangered species.
18. Robertson's shall comply with Rule 40 (Fugitive Dust) of the South Coast Air
'duality Management District during mining operations and reclamation including,
but not limited to, watering of haul roads, limiting truck speeds, watering of
disturbed areas and stockpiles of fine materials, use of chemical stabilizers on
haul reads, and routine maintenance of equipment and trucks.
19. Robertson's shall comply with Rule 1157 (PMIO Emission Reductions from
Aggregate and Related Operations) of the South Coast Air Quality Management
District during mining operations.
20. Mining operations shall`be discontinued if wind speeds exceed 25 mph.
21. Robertson's shall provide a contact person and telephone number reachable 24
hours- per day for notification of spills from vehicles carrying Robertson's
products on public roads in the vicinity of the operation's driveways and freeway
access points. Upon notification, Robertson's will remove and/or cleanup said
spills before noon of the day following the day of the spill
22. Robertson's shall comply with all requirements of the National Pollutant
Discharge Elimination System (NPCES).
23, Strobe lights shall be installed for use during night operations on all off road
equipment as allowed by the Mine ;Safety and Health Administration (MSHA) and
the California Division of Occupational Safety and Health (Cal OSHA).
24. Robertson's may not store equipment and materials on its property in such a way
as to constitute a nuisance as defined by Redlands /Municipal Code.
I
25. Rock crushing equipment may not be operated before 5 a.m. or after 10 pm, on
any day of the year-
26, Mining hours of operation shall be from 4 AM to 10 PM Monday through Friday, 6
AM to 6 PM on Saturdays with no processing allowed on Sunday. Shipping shall
be allowed 7 days per week, 24 hours per day.
27. The Applicant shall reimburse the City for staff time and materials associated
with the enforcement of the SMARA 2771 Lead Agency Agreement.
28. Compliance with all applicable mitigation measures listed in the Appendix L of
the Final EIR and entitled Mitigation\Monitoring and Reporting Program for the
Upper Santa Ana Wash Land Management and Habitat Conservation Plan.
29. Robertson's shall comply with all requirements of local, regional, state and/or
federal rules, regulations, and/or ordinances.
30. The applicant for this permit, and its successors and assigns, shall defend,
indemnify and hold harmless the City of Redlands, and its elected officials,
officers, agents and employees, from and against any and all claims, actions,
and proceedings to attack, set aside, void or annul the approval of this permit by
the City, or brought against the City due to acts or omissions in any way
connected to the applicant's project that is the subject of this permit. This
indemnification shall include, but not be limited to, damages, fees, costs,
liabilities, and expenses incurred in such actions or proceedings, including
damages for the injury to property or persons, including death of a person, and
any award of attorneys' fees. In the event any such action is commenced to
attack, set aside, void or annul all, or any, provisions of this permit, or is
commenced for any other reason against the City for acts or omissions relating to
the applicant's project, within fourteen (14) City business days of the same, the
applicant shall file with the City a performance bond or irrevocable letter of credit
(together, the "Security") in a form and in an amount satisfactory to the City, to
ensure applicant's performance of its defense and indemnity obligations under
this condition. The failure of the applicant to provide the Security shall be
deemed an express acknowledgement and agreement by the applicant that the
City shall have the authority and right, without objection by the applicant, to
revoke all entitlements granted for the Conditional Use Permit pursuant to this
permit. The City shall have no liability to the applicant for the exercise of City's
right to revoke this Conditional Use Permd.
31. Combined, the Robertson's quarries within the Upper Santa Ana River Wash
Area shall not exceed a production level of 3 million tons annually,
12
(MMP REC-01, REC-02 and E -(3) Prior to any grading, Robertson's, as part of
the Wash Task Force, shall participate in the implementation of a trail program
within the Planning Area in the following manner. *
a. Robertson's, as part of the Wash Task Force, shall submit its fair share
amount at a time agreed upon by the Wash Task Farce and the City, t
the City of Redlands for the maintenance of trails within the Planning
Area as set forth in the Trails Master Plan to be developed as part of
implementation of a Habitat Conservation Plea for the Planning Area,
The amount of the cash deposit will be determined by an
implementation program outlined within the Trails Master Plan for the
Planning Area.
b; Robertson's, as part of the Wash flask Force, shall submit its fair share
amount at a time agreed upon by the Wash Task Force and the City, to
the City of Redlands for the exclusive use of trails education and
outreach programs for the Planning Area. The education outreach
program shall focus on litter and pet waste and include. but not be:
limited to the following elements: advertising; community outreach,
strategic partnerships,;media, youth education and business and
stakeholder outreach;
. Construct any proposed berms or slopes for this project outside ultimate street
rights-of-way unless otherwise .approved by the City Engineer. Maintain a
landscape screen for the life of the operations. A landscape plan shall be
submitted to the Community Development Director for review and approval;
4, Upon notification by the public or the City, clean up spilled concrete or aggregate
material on City streets by end of the same business day, or by noon the
following day if notification is given after business hours. Repair damage to
pavement caused by hardened spilled concrete as necessary. Implement`
measures to minimize track out of dirt onto City streets. Sweep City struts at
least once a day along the project truck route or as frequently and at locations;
as required by the City Engineer.
F The following conditions are performance standards for reclamation
I Unless explicitly stated otherwise in this permit, Robertson's shall perform mining
and reclamation activities as specified in Mime and Reclamation Pan for the
Upper Santa Ana River lash Aggregate Lands to be Operated by Robertson's
Ready Mix., Plunge Creek Quarry Silt Fund Quarry, East Quarry South, updated
January 2008 and approved by the City Council of the City of Redlands on April
1
* � ► # # �� a �� a • � * �; �' •
N 3 #fit i fi TM #. _ C`3 # * L,''• # .tg � t
�: �t> ,# .tai z qg ry,`�- t :#�,�, d .� ¢i.,i,. �>=S (� �:. i f� -,!g°•.a p
a
s� "� �a;.li" gy, ... { 1 i .. :! #t4 t •• "..,a. 'w E+ # da':'M i 0! -r. .. -y
"• N^# "' t p+ d �cw.±,x fir. t t � ^�rx
11. Each area reclaimed shall be identified on a map and labeled for identification.
All reclamation areas shall be monitored for a minimum of five years following
completion of final reclamation measures. Monitoring shall continue until all
performance criteria are achieved, Annual monitoring reports shall be presented
in accordance with Condition C.171
1 . Ail equipment and refuse shall be removed from the site prior to gaining
certification of final reclamation.
13. Dependent on professional biological advice, the following species of the
Riversidian Alluvial Fan Sage Scrub Community shall be included in the
revegetation seed mix at the seeding rate of pounds of pure live seed/ re as
follows:
SPECIES SEEDING RATE
(Pounds of Pure Live Seed/Acre)
California buckwheat 3
Hairy yerba santa 2
Our Lord's candle 0.5
Deerweed 2
Golden yarrow 0.5
California croton 1
Goldenbush 1
California sagebrush I
Lemonadeberry 0.25
White sage 0.5
Laurel sumac 0.25
Native Annuals Seed Mix 10
14, Seeding rates shall be adjusted to account for size of seed and Pure Live Seed
(PLS) rates. A competent revegetation professional shall be consulted to
determine the proper seeding rates for included species.
115. Performance criteria for revegetation success shall be collectively:
• Cover: 20% by native species (or 50% of average existing cover);
• Species Richness, Minimum of 6 perennial shrub species (50% of
existing)
• Density, 10 stems if native perennials/25M2 plot (50% of existing)
• Less than 20 percent non-native species; and
• Recruitment of native plant species seedling must occur,
16. (MMP AES-4) As mining activities are completed, the slopes of the quarries shall
be reclaimed and revegetated per the approved Mine and Reclamation Plan for
the Upper Santa Ana River Wash Aggregate Lands to be Operated by
15
91
C. A burrowing owl pre-construction survey shall be conducted by a qualified
biologist no more than 14 days prior to any grading or vegetation clearing
in areas with potential burrowing owl habitat not previously mitigated. If
nesting owls or occupied burrows are found within the areas to be
impacted, the above mitigation measure shall be implemented.
18, Should cultural resources be discovered during project construction and/or
mining, all work in the area of the find shall cease and a qualified archaeologist
shall be retained by the project sponsor to investigate the find, and to make
recommendations on its disposition. If human remains are encountered during
construction all work shall cease and the San Bernardino County Coroner's
Office shall be contacted pursuant to Health and Safety Code provisions.
a. (MMP CUL-1) A qualified archaeological monitor shall be present during
initial ground disturbing activities in the mining portion of the proposed
Upper Santa Ana River Wash Land Planning Area ("the Planning Area.').
The monitor shall be empowered to temporarily halt or redirect
construction and/or mining activities in the vicinity of the find until the find
can be evaluated by a certified archaeologist.
b. (MMP CUL-2) In the event of a new find, salvage, excavation and
reporting shall be required. The Secretary of the Interior's Guidelines for
archaeological documentation shall be followed by a qualified
archaeologist.
19. (MMP CUL-3) If the archaeological sites CA-SBR-6075H. CA-SBR-6076H or CA-
SBR-6087H cannot be avoided during implementation of the proposed project
further study as detailed below shall be necessary for mitigation:
a. Subsurface Testing: This would consist oJ0W0*MtWWd0*ftft61!%J%t4W00
collection program to help determine the depth and distribution 6pawosO
resource.
b. Archival Research. Archival research cou-1 cif" ata ng
r
the origin and age of found resources and/or artifacts 27plac rem in
an historical context.
0. Data Recovery: If the resources and/or artifacts are determin6dqt@8b@JddV
eligible for the California Register of Historic Resources, additional
archaeological data recovery excavations would be necessary. Data
recovery shall consist of 'Sp e1YINck
j9ddn Bululw 6uto6uo t4l!m juaiinoucio
U01e915OA9VJUL> uo11ewel:)9i i4s juawaldwIlesioleiedo OUP 941 (L G-018 dmi) 'LL
20, P H -5) All loads in open street-legal trucks shall be no higher than 6.0
jnches-wpftft,�
tun@
red'lMdsor his or her assignee.
6
?alUNKI]PAL t''1"ILYF1ES AND E NCINE Ew121N(i DEP 11 'UME:NT
Date oft;.(;. Meeting: August 3, 2010
Applicant: Robertson's Ready Mir
Location: Plunge Creek Quarry
The applicant shad comply with tlae following engineering requirements as necessary because the
required construction is a necessary prerequisite to the orderly development of the surrounding area and
for public health and safety:
All requirements for development :shall be consistent with requirements set forth in the General Plan;
applicable sections of Redlands Municipal Code', latest edition of"Redlands Standard Specifications and
Detail Drawings for Design and Construction of Public Improvements"; latest edition of American Public
Works Association "Standard Plans for Public Works" and -Standard Specifications for Public Work
Construction Greenbook"; latest edition of *'Redlands Water Systems Standard Specifications", latest
edition ofRedlands Sanitary Sewer Systems Standard Specifications"; and current Redlands policies and
guidelines relative to development projects
A Within 180 days of issuance of the "'fake" permit by USFWS, the following conditioncrust
e completed.
1, Submit executed dedication documents with legal descriptions and plats for City
acceptance. 90 days shall be allowed for the review and approval by the City Engineer o
documents, legal descriptions, and plats prior to execution;by the property owners. The
required dedications are as follows-
a. Dedicate to provide for a 66 foot half street right-of-way width on the east side
Alabama Street from the Highland City Limits to the northerly property line of the
parcel currently identified as APN 167-011-10, excluding; the paced currentl
id nti ied as APN 167-011`-1`?, including corner cutoffs to accommodate 50 foot
radius curb returns and pedestrian ramps required for the construction of the project
entrance. turning lanes, and tapers.
b:. Dedicate to provide for public use trail easements as required
C. Dedicate to provide for adequate slope casements for the required widening of
Alabama Street as needed and as approved by the City Engineer.
d.;: Dedicate to provide for adequate drainage casements for the required widening tate
Alabama Street as needed and as approved by the City Engineer.
e. Provide on-site reciprocal drainage easements as needed and as approved by the
City Engineer.
' 111 "Support documentation shall be ,auh iltted \\ith the plans to be checked. Submission
shall include:
aa. Title Reports and backup documents for the property
b. All record naaaps and steeds rel'erencr~d
C. f aasement Documents
J. Boundary and Lot Closure C alc:ul4atiOns
e: record plans. maps and docuaaacnts
C"U P 964
.Xugust 1. 2010
Page
Dedication documents shall be prepared by a licensed land surveyor or registered civil
engineer(registered prior to January 1982) in the State of California and mut be submitted
for review and .approval before recordation..
l3. Prior to the commencement of operations on previously undisturbed ground, the following
condition must be met.
I. Pay plan check fee for a locumentsiplans listed in this section as established per resolution.
Hie amount is to be;determined at time of plan check submittal.
2. 'SWPPP/Erosion ControlPlan. ErosiordSediment Control Plan for routine activities
associated with new excavation areas shall be submitted to the City of Redlands'and the
City of Highland for review and approval. A copy of the project's Storm Water Pollution
Prevention Plan (SWPPP) shall be submitted to the City of Redlands and the City of
Highland for review. SWPPP Best Management Practices ( MPs) to prevent and control
discharges to the municipal separate stoma. sewer (drain) systemshall be in effect for the
entire duration of project construction to its completion and acceptance by the City(s).
3. For all development requiring coverage under the state of California General Storm Water
Permit, in effect at the time of permit issuance, and whom have filed with the State Board a
Notice of Intent (NOI), a copy of the Waste Discharger Identification Number(WDID)and
NCI shall be submitted for review and tile. Call (909)782-4130.
, The City approved SWPPP documents shall be submitted to the Santa Ana Regional Water
Quality Control Board for acceptance and monitoring,
C. Within 2 years of the Issuance of the CUP,the following conditions most be completed
1. 'The application shall pay development Impact Pees that are in effect per Cit} of Redlands
Fee Resolutions and/or Municipal Code at the time of payment
7 Project Proponent shall submit to the City a Traffic Study that analyzes mine production
and all gather vehicular activity at the project sites in order to estimate the average daily
project trips by vehicle type over the life of the project. 'late Traffic "study shall be
reviewed and approved by City Stab. The average daily trips; calculated in the "Traffic
Study will be used as the basis for calculation of traffic related Development Impact fees;
D Within 2 years of issuance of the ``rake" permit by It{ WS the follow condition must be
completed.
I, Pay plan check tec: for dcac:iHnentS,!'plans listed in this section as cstablishcd per resolution
The amount is to he determined at plan check submittal.
?: Plans required to he submitted shall include'
4t. `street Construction and I;rosion Con(rol Plans
K Pavement `striping Plans-
C'l l P 964
August 3, 201 tl
Page
C. Street Tree Installation `street trees shall be provided as per the approved `street
ACree List,
e(. Traffic Signal Modification/Construction;
e. Street Light Installation Provide street lighting: plan which show approved
locations of service pedestal(s), conduits, street lights, appurtenances, and any
necessary detail by Southern California a Edison Company,
All plans used as reference for design shall be listed on title sheet of all plans with
reference numbers. All plans shall be submitted on 24" x ata"t size sheets. Threes (3) copies
of each are required; Atter final review. plans shall be submitted on 24" x 36" size, main.
mail, rnylar sheets for C.'ity"s approv=al;
3. Submission of plan sets shall be complete and include all required engineering designs and
drawings listed in No. ? above. All plans submitted shallbe substantially complete,and no
plan check queue place-holder playas will be accepted, An incomplete plan submittal will
not be accepted for plan check,
4 SWPPP/Erosion Control flan. Erosion/Sediment Control Plan for the widening of
Alabama Street shall be submitted with street construction plaits to the City of Redlands
for review and approval. A copy of the project's Storm dilater Pollution Prevention Placa
( ' PPI ) shall be submitted to the City of Redlands for review. SWPISP Best
Management Practices (BMPs) by prevent and control discharges to the municipal separate
storm sewer (drain) system shall be in effect for the entire duration of project construction
to completion and acceptance by the C'ity(s):
5. For all development requiring coverages under the state of California General Storm 'W ter
Permit, in effect at the time of permit issuance,;and whom have filed with the State Board a
Notice of Intent (NOI), a copy of'the Waste Discharger Identification Number( DID) and
N I shall be submitted for review and file. Call (909)782-4130.
Ci Later Quality Management Plan; A WQMP for the widening of Alabama Street shall be
submitted with street construction plans for review and approval. WQNIP shall consist of
post construction lest Management Practices (Blkf s) prepared in accordance with the
requirements and, guidelines of they Sara Bernardino County Stormwiat r Program. The
requirements of the L Q,*vtP shall remain in etf# ct throughout the life of the project.
7. Finalize and obtain ;all necessary onsite and offsite permissions, permits. easements, right
cat-way. and properties in carder to satisfy the conditions of approval for this project. Such
items ;hall include
a Si nedi"notarized CfTsite letter ofpermission to conduct certain work,
K Offsite/onsite easement to c(.)ristret .t/installl-'maiiit�ein certain improvements.
C, Ot`Iaite/Onsite right-cit-way to csari:qtr-tact:`irist�affl"naraintain certain improve meets.
& Frtcroachnient permits li-ore City of I fighland Ot) est. Sian Bernardino , County,
and other agencies,
e 01 Certification (California Regional Water Quality Control Board) and 40
Permit (U.S. Anny Corp of F.rrgineers).
CUP ctb
August 3 010
Page .1
All Public improvements shall he designed by licensed Civil Engineer in tete Stets o
Caliromia. All existing utilities shall be pot-healed to deter-nine the actual depth if net
signed plan is available. Field notes will he submitted at time of submitting the plant for
review and;plana checking.
, [-he approximate locations of existing underground utilities shall be shown on the
improvement/site/gradingimprovement/site/grading plans. rhe utilities shall be platted from record and field data:
1-he City of Redlands and the Engineer assume no liability as to the exact location of said
lines whose locations are not show=n.
10, Final City approved rnylars for all public improvements shall be on file with the Municipal
Utilities and Engineering Department,
I I. Plana requirements for Alabama Street from the Highland hland City limits to the southerly limits'
of improvements required for the construction of the project entrance, turning lanes and
tapers. Coordinate construction of all Public improvements on Alabama Street with the
City of Hi l d.
a. Construct standard curb and gutter at 52 on the feet cast side of street centerline
from the project entrance southerly to provide for the required turning, lanes.
Turning lame storage on the east side of Alabama Street shall extend to the end of
curb return #or the project entrance from a paint that is approximately :360 feet
southerly of the intersection of the centerline of the project entrance with the
centerline of Alabama Street, North of the project entrance, construct curb and
gutter to align and complement the San Bernardino County Flood Control District
Bridge Replacement Improvement Project at City Creek to the Northerly City
limits.
b. Construct a 120 footlong reverse taper AC berm transition from the existing edge
of pavement to the beginning of the curb and gutter constructed for the turn lane
described in Condition I I-a above.
C. Construct a pavement taper with AC berm from the curb and scatter described i
Condition I l-a above to the pavement width required by the City of Highland.
:Specific location, length and design of the pavement transition to be as required by
City Engineers of the City of Redlands and City of Highland, Coordinate with City
staff for guidance at that time.
d. Construct standard street section between new curb or edge of pavement and street
centerline consistent with the City Standard verified through a geotechnical report.
Structural Section of the street shall he based upon Iwraff3c Index of I I;.
e. Provide standard street section on the west side as needed to maintain a I-2 foot
traffic lane with a 4 foot striped shoulder.
f, Design'and construct a decomposed granite multi-use trail and Class 2 Bicycle trail;.
Location of the trail along the curb and gutter constructed as described in Condition
1 I-a kand I I b above will he per the landsc:aping design plans for the CUT,
sl, Install I.l°I_y c�rnmaaaacaatal street Iightls) c�ith the equivalent illumination ofa 150 watt
Sodium N aper street light. Prepare and submit a separate street fighting plan Iiar
Cit� appro% al. Street light spacing shall he determined by the City of designs
specifications. Installation oftwo lights will be required, Light location along the
-------
CUP 964
aagust 3. 2010
Page 5,
curb and gutter constructed as described in Condition I I-a above will be per
standard City design standrds
h. Provide street trees spaced every 40 feet avoiding sewer and water laterals. Prepare
and submit a separate street tree plan for City approval.
i. Construct underwalk drain, if necessary:
j. Utility relocation, if necessary.
12. Install a City approved traffic video detection system at the Alabama Street project
entrance. Install a camera/D `R system capable of monitoring, counting, and storing image
and traffic data For a minimum of 30 days.
13. Design to construct the Alabama Street project entrance as a combined entrance to replace
the two existing entrances to Cemex/Matich and Robertson's. Construct the entrance as a
street type entrance with handicap ramps and curb returns using a Sty' turning radius to
accommodate project trucks Reconstruct on-site improvements to facilitate internal traffic
circulation among the various wash company operations. Remove existing asphalt
pavement structural section within the Alabama Street/project entrance intersection and
reconstruct with an engineered concrete pavement structural section:
14. Design pavement striping to provide a south bound left turn lane and a north bound right
tura lane at the Alabama Street project entrance as described above. Plans shall include
Class 2 Bicycle Trail in both northerly and southerly directions. Prepare and submit a;
separate striping plan>for City approval.
15. Design to instar a new 4 phase traffic signal at the Alabama Street project entrance. Install
fiber optic interconnect between the new signal and the existing signal at the Alabarnal3rd
intersection. Install signal hardware and software as specified by the Redlands City
Engineer. A Video Detection System with wireless transmission to the City Traffic Signal
Center will be required. Provide a coordinated timing analysis and timing sheets for the
new signal and;the existing signals at the Alabama Streetl3`d Street and Palm Avenue/5th
Street intersections. Construct roadside barriers on the west side of Alabama Street to
protect the new signal. Obtain a construction permit from the City of Redlands. City of
Highland. and City of San Bernardino.
I& Design to provide for adequate drainage facilities for street construction. The applicant
shall provide and submit all necessary hydrologyl'hydraulic studies and calculations in
accordance with the San Bernardino County Hydrology Manual'
17. As a condition of and prier to the final approval, the applicant shall (1) petition the City for
annexation of the property comprising CUP No. 964 to the City's Community Facilities
District No. 2004-1, or a similar City community facilities district, as designed by the City;
t2 take actions reasonable or necessary to annex such property to community facilities
district; and (3) pay the reasonable and actual costs incurred by the City in annexing the
property to the community facilities district? all ror the purpose of providing handing for
the operation and maintenance of public landscaping, decomposed granite multi-use trail.
traflicy signal facilities. street lights, and public right-cif-ways:
C U P 964
August 3.;2010
Pate 7
T Provide proof of banding and agreement requirement as described in Nos. 1 21 of
Section:.D".
fi Apply slurry seal to existing, pavement as required by the City Engineer prier to pavement;
striping operations across the area where existing pavement striping is to be modified as
part of the required street improvement work..
9, Construct any proposed berms or slopes for this pr ject outsides ultimate street rights-of-
way
ights-o -way unless otherwise: approved by the City Engineer.
10. Reconstruct existing public improvements removed or damaged during construction of
required improvements by the applicant. Repair of pavement may include asphalt concrete
overlay, T-cut trench repair and/or slurry seal. 'IAhe limits of pavement repair shall be
across all or a portion of the damaged pavement as determined by the City Engineer.
11. Eby for relocation of any existing public utilities if found to be in conflict with required
street improvements. Coordinate with the respective public utility companies.
F. The following items are required prior to approval of APPLICATION FOR WATER
SERVICE CONNECTION and prior to WATER mE:`f''E R INSTALLATION.
None
G. The following items are required prig to recordation of NOTICE OF COMPLETION for
all required public improvements.
1. All requirements as described in Sections A, E3, C, D, E. and F of these conditions of
approval shall be meet.
?. All improvements shall be reviewed and accepted by the City Engineer.
`, Owner' Licensed land Surveyor shall reset survey points, monuments, record earners,
and centerline tics that were destroyed during construction and shall fele Corner Records
for those points pricer to completion of they prgject with San Bernardino County Surveyor.
Copies of infoshall be furnished to the 'Eunicipal IfJ 1lities and Engineering
Department.
4. All work shall be completed to the satisfaction:int"the City Engineer, All as-built plats shall
be delivered to the ;Municipal Utilities and Engineering Department for review and
approval as well as a CD-ROM .dvvg rite of the as-built plans.
5. A list cif"as-built infrastructure Improvement quantities shall e provided in they Fxcel
format provided by tite City} sho"Ing quantities r()r e ach street segment (i.e. pavement.
curb and gutter, side walls. etc.}
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CUP
August -3. 2010
Page a
& Streets may be required to have a peal coat applied at the option of the City Engineer:
Type of seal coat is to be determined by the City Engineer,
ineer
7, Resurface existing roadway as directed by the City En inc:er due to utility installations and
construction damage.
:- Existing striping shall be removed and replaced as necessary. New striping and pavement
markings shall be installed as required by the City Engineer.
Contractors will be required to pave new streets in two 17l phases with last phase being,
delayed until 95 percent;of construction has been completed, or on approval of the City
Engineer.
H. Within fire years of issuance of-rake" permit by USFW , the following conditions must be
completed:
1. All requirements as described in Sections A B. C, E1, E, F and G of these conditions of
approval shill be suet.
f. 'Fhe fallowing items are required pricer to release of BONDStW RRANTIES/DEPOSII'S.
'
I-: All requirements as described in Sections A. Q. C , E, E, G and H of these renditions of
approval shall be met
2: The release of bonds/warranties/deposits must be requested in writing to the City Engineer.
Allow 30 days for the processing of the bond release(s).
J. Additional Conditions
I The applicant shall pay for a, Structural 'Pavement Analysis (SPA) to determine: the
condition of the existing pavement section along the proposed truck crossing and truck
route. The analysis shall include an evaluation of the expected pavement lite with and
without the expected traffic loading, and usage due to the proposed project, The report shall
identify pavement rehabilitation strategies to brim the existing pavement along the
proposed truck crossing and truck route to an acceptable initial condition for sustainable
use by the project. `Che applicant shall then implement a City approved strategy, or pay the
City to implement such a strategy, Report Submittaal and acceptance shall he prier to an
acceptance by the; City of Street Improvement plans. Construction, and any required street:
rehabilitation, shall'be completed as described in Section It. I'he report shadl also provide
recommended regular pavement analysis strategies to he performed at the aapplic nt`s
expense Haat will identify the work: to be performed as described in Condition No. 3 of this
Section-
The <arMicant shall pay the proportional fair share of the City's increased costs to maintain
the paa%, ment throughout the life of` the project. Fhe P,\ shall include an olvrational
-c:ript�lon for calculation methodologies Of e.0crinining the fare rata share of
CUT 964
ALigust 3. 20 ltd
Page 1)
costs amongst the participatory parties and include recommended payment schedules to the
City.
3. The applicantshall repair; or pay the City to repair, pavement damages caused by truck
usage that is above and beyond the level of usage assumed in the Structural Pavement
Analysis. Truck usage shall be as documented by the video detection system installed per
ConditionD-12, Payment structural analysis will be reviewed every five years.
4: In addition. the applicant shall clean, clear, remove, and dispose of any ;debris and/or
material deposited in the roadway as a result of operations on Alabama Street from the
project entrance as described in Condition D-13 to the Highland City Limits.
V1�`l iA-1 fir'7iffiRNING.:_ lniti l �Iit'al
Director of Municipal Utilities
and Public Works Engineering/City Engineer
F111 CLE-9N